Question 1

The federal courts have ruled that the "case or controversy" clause of the Constitution means that they do NOT have the

Accepted Answer

A) authority to deny appeals from state courts. 
B) power to strike down laws of state governments as unconstitutional. 
C) power to render advisory opinions to legislatures or agencies about the constitutionality of proposed laws or regulations. 
D) authority to invalidate executive orders issued by the president.

Question 2

Once the president has formally nominated an individual for a federal judgeship, the nominee

Accepted Answer

A) is automatically appointed for life and can only be removed from office through impeachment. 
B) must be confirmed by a unanimous vote in the full Senate. 
C) must be considered by the Senate Judiciary Committee and be confirmed by a majority vote in the full Senate. 
D) must be considered by the Senate Judiciary Committee and be confirmed by a unanimous vote in the full Senate.

Question 3

Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the Supreme Court?

Accepted Answer

A) attorney general 
B) solicitor general 
C) state supreme courts 
D) Congress

Question 4

"Borking" occurs when

Accepted Answer

A) Senators filibuster a nominee to the Supreme Court. 
B) Senators draw extensively on excerpts from a judicial nominee's speeches and writings in order to paint the nominee as an extremist who is unqualified to serve in the federal judiciary. 
C) a president chooses to rescind an existing nomination for the Supreme Court and nominates a new candidate. 
D) the Senate ends a filibuster of a federal court nominee through a cloture vote.

Question 5

The president appoints judges of courts created under Congress's Article I power for

Accepted Answer

A) life. 
B) six years. 
C) 15 years. 
D) 30 years.

Question 6

The solicitor general is the ________-ranking official in the ________.

Accepted Answer

A) top; Department of Justice 
B) second; Department of Justice 
C) third; Department of Justice 
D) top; American Bar Association

Question 7

Cases ________ are NOT part of the original jurisdiction of the U.S.Supreme Court.

Accepted Answer

A) between the United States and one of the 50 states 
B) involving foreign ambassadors 
C) where more than $1 million is at stake 
D) brought by one state against citizens of another state or against a foreign country

Question 8

There are different kinds of judicial philosophy in how to interpret the law.Outline the theories of judicial restraint and judicial activism.Discuss an example of the Supreme Court employing judicial activism.

Accepted Answer

The answer of There are different kinds of judicial philosophy...

Question 9

Which of the following statements best characterizes the structure of the federal judiciary?

Accepted Answer

A) The entire federal judiciary is composed of 50 district courts, 12 circuit courts, and one Supreme Court. 
B) The entire federal judiciary is composed of 12 circuit courts and one Supreme Court. 
C) The entire federal judiciary is composed of 50 district courts, two circuit courts, and one Supreme Court. 
D) The entire federal judiciary is composed of 94 district courts, 12 circuit courts, one Supreme Court, and numerous specialized courts that have nationwide original jurisdiction in certain types of cases.

Question 10

Marbury v.Madison was decided in

Accepted Answer

A) 1789. 
B) 1803. 
C) 1911. 
D) 2016.

Question 11

The U.S.Supreme Court has been composed of

Accepted Answer

A) nine justices throughout American history. 
B) nine justices since 1869. 
C) nine justices since 1937. 
D) seven justices throughout American history.

Question 12

The chief justice of the Supreme Court

Accepted Answer

A) decides what cases will be heard by the full Court each term. 
B) always writes the Court's majority opinions. 
C) presides over the Court's public sessions and private conferences. 
D) is also the constitutional adviser to the president.

Question 13

Despite their prominence in the American political system, the federal courts have traditionally been subject to serious limitations on their power.Discuss the five major limitations on the power of the federal courts and explain what, if anything, the courts have done in recent decades to overcome these limitations.

Accepted Answer

The answer of Despite their prominence in the American political...

Question 14

Which of the following would the Supreme Court likely refuse to hear because of "mootness"?

Accepted Answer

A) a case involving a citizen suing the Social Security Administration for failure to deliver Social Security benefits prior to the time the citizen was scheduled to receive the benefits 
B) a case involving a student who was first rejected but then, later, admitted to a state-run university suing that university for discrimination in the admissions process 
C) a case involving a convicted murderer challenging the constitutionality of the death penalty while on death row 
D) a case involving a dispute between the president and the Congress over access to "top secret" documents

Question 15

During the Constitutional Convention, a "departmentalist" was someone who believed that

Accepted Answer

A) each branch of the new government would interpret the Constitution as it applied to its own actions rather than having the Supreme Court be the sole interpreter of the Constitution. 
B) the Supreme Court should be the sole interpreter of the Constitution and that each branch of the new government would have its actions subjected to strict judicial scrutiny. 
C) the new government should have only two branches-the executive and the legislative-and no judiciary. 
D) the judiciary should appoint its own justices and the president should not be empowered to nominate Supreme Court justices.

Question 16

Analyze the exercise of judicial review.What is judicial review, what are its origins, and why has it remained an unquestioned power of the courts for so long? Provide some examples of notable uses of judicial review in Supreme Court history.

Accepted Answer

The answer of Analyze the exercise of judicial review.What is...

Question 17

The written opinions of appellate courts have been described as halfway between ________ law and ________ law.

Accepted Answer

A) common; statutory 
B) civil; constitutional 
C) public; private 
D) common; public

Question 18

Prior cases whose principles are used by judges to decide current cases are called

Accepted Answer

A) public law. 
B) en banc decisions. 
C) precedents. 
D) ex post facto cases.

Question 19

Why has partisan conflict surrounded federal judicial appointments in recent years?

Accepted Answer

A) Members of Congress do not want the president to have so much power that he or she can place anyone he or she wants on the federal bench. 
B) Public opinion has not been favorable toward most of the recent presidents' nominees. 
C) There have not been enough minority nominees, including women. 
D) The federal courts play an increasingly important role in shaping American law and politics.

Question 20

The number of cases filed in the Supreme Court

Accepted Answer

A) has increased dramatically since 1940. 
B) has remained the same since 1940. 
C) increased between 1940 and 1965 but has decreased since 1965. 
D) decreased between 1940 and 1965 but has increased since 1965.

Exam 15: The Federal Courts