Standing to sue refers to
a. legal prerogative.
b. the requirement that plaintiffs have a serious interest in a case.
c. the principle of precedent.
d. habeas corpus.
e. demonstrated financial harm or injury.
the requirement that plaintiffs have a serious interest in a case
Senators have dominated the selection of judges for the federal district courts through
a. their control of the budget.
b. their power over court jurisdictions.
c. the custom of senatorial courtesy.
d. the influence of the Senate Judiciary Committee.
e. All of the above are true.
the custom of senatorial courtesy
During the early New Deal era, the Supreme Court was dominated by conservatives who
a. viewed federal intervention in the economy as unconstitutional and declared several laws invalid.
b. came to be known as the Bad Deal Five for thwarting New Deal legislation and were impeached and removed as a group by Congress.
c. strongly supported federal intervention in the economy and voted to uphold all New Deal acts.
d. were impeached one by one by Congress.
e. overturned the precedent of Marbury v. Madison and ruled that the Supreme Court has no power of judicial review.
viewed federal intervention in the economy as unconstitutional and declared several laws invalid
Which of the following statements is TRUE about participants in the judicial system?
a. All of the above are true.
b. The Supreme Court has made it more difficult to file class action suits since 1973.
c. Congress and the Supreme Court have generally liberalized standing to sue.
d. The courts have broadened the concept of standing to sue to include class action suits.
e. Class action suits permit a small number of people to sue on behalf of all other people similarly situated.
All of the above are true
Principal reasons for the Court's choosing to hear a case would include each of the following EXCEPT
a. the justices' law clerks recommendations.
b. disagreement between a majority of the Supreme Court and lower-court decisions.
c. cases that involve major issues, like civil liberties.
d. a conflict between different lower courts on the interpretation of federal law.
e. politically hot and divisive cases.
politically hot and divisive cases
Litigants in a case are the
a. defendant and the defendant's attorney.
d. plaintiff and the defendant.
e. plaintiff and the plaintiff's attorney.
plaintiff and the defendant
The judicial interpretation of an act of Congress is called
a. writ ofmandamus.
c. judicial restraint.
d. statutory construction.
e. judicial activism.
The decision to appeal cases the federal government has lost in the lower courts is made by the
b. chief justice.
c. solicitor general.
d. majority of the Supreme Court.
e. district judge.
The United States Court of Appeals for the Federal Circuit
a. is responsible for determining the constitutionality of laws passed by Congress.
b. consists of judges who hear appeals in specialized cases such as those regarding patents, copyrights, etc.
c. consists of the Supreme Court itself.
d. decides which cases will and will not be heard by the Supreme Court.
e. screens all cases going to the Supreme Court, from which the Supreme Court decides which cases to take.
consists of judges who hear appeals in specialized cases such as those regarding patents, copyrights, etc.
Of the _______cases that reach the Supreme Court in requests for review, ______ are eventually placed on the docket.
a. 8,000; fewer than 100
b. 8,000; approximately 1,000
c. 50; almost all
d. 50; fewer than 30
e. 100; approximately 25
8,000; fewer than 100
A ________ is a Supreme Court ruling without explanation that resolves an immediate case but has no value as precedent because the Court does not offer reasoning that would guide lower courts in future decisions.
a. writ ofcertiorari
b. percuriam decision
c. writ ofmandamus
d. concurring opinion
The vast majority of all civil and criminal cases
a. involve state laws that are tried in federal courts.
b. begin in state courts and are appealed to federal courts.
c. involve federal law but are tried in state courts.
d. begin and end in courts with original jurisdiction.
e. begin and end in federal courts.
begin and end in courts with original jurisdiction
Most decisions handed down by the Supreme Court are cases involving
a. original jurisdiction.
b. appeals from state courts.
c. appeals from lower federal courts.
d. federal felonies involving "exceptional circumstances."
e. appeals from state supreme courts.
appeals from lower federal courts
Which of the following statements about the selection of Supreme Court justices is FALSE?
a. None of the above is false.
b. Senators play a greater role in the recruitment of Supreme Court justices than they play in the selection of lower-court judges.
c. Candidates for nomination to the Supreme Court usually keep a low profile.
d. The president usually relies on the attorney general and the Department of Justice to identify and screen candidates for the Court.
e. The president usually operates under fewer constraints in nominating members to the Supreme Court than to the lower courts.
Senators play a greater role in the recruitment of Supreme Court justices than they play in the selection of lower-court judges
Which of the following is NOT one of the elements involved in the implementation of judicial decisions according to the categories noted by Charles Johnson and Bradley Canon?
a. The implementing population
b. The interpreting population
c. The institutionalized population
d. The consumer population
e. The defining population
The institutionalized population.
he vast majority of cases reaching the federal courts are settled on the principle of ________, meaning that an earlier ruling should hold for the case being considered.
b. historical authority
Which of these is NOT associated with the theory of judicial restraint?
a. Judges should chart new constitutional ground given their power of judicial review.
b. Federal courts are the least democratic branch of government.
c. Policymaking should be left strictly to the legislature.
d. Observers question the qualifications of judges for making policy decisions and balancing interests.
e. Decisions such as those on abortion and school prayer in public schools go well beyond the "referee" role that judges are supposed to play
Judges should chart new constitutional ground given their power of judicial review
President George W. Bush nominated which failed Supreme Court nominee?
a. Harold Carswell
b. Homer Thornberry
c. Harriet Meyers
d. Robert Bork
e. Douglas Ginsburg
All courts rely heavily upon ________, the way similar cases were handled in the past, as a guide to current decisions.
a. original intent
c. writs ofmandamus
d. writs of certiorari
There are ______ justices on the Supreme Court.
Those who are interested in the outcome of a case, but are not formal litigants, sometimes submit ________ briefs, raising points of view and presenting information that they hope will influence the Supreme Court's decision.
c. per curiam
d. writ of certiorari
The size of the Supreme Court has remained the same since
a. the Twelfth Amendment was ratified in 1804.
b. President Roosevelt expanded it in 1937.
c. the original Constitution specified the number of justices.
d. President Ulysses S. Grant took office in 1869.
e. the Judiciary Act of 1789.
President Ulysses S. Grant took office in 1869
How many federal statutes has the Supreme Court declared to be unconstitutional?
b. about 1,000
d. fewer than 200
e. more than 500
fewer than 200
When a small number of people sue on behalf of all other people in similar circumstances, it is known as
a. standing to sue.
b. a criminal appeal.
c. an appeal.
d. a class action suit.
e. a justiciable dispute
a class action suit
Which case articulated the Supreme Court's power of judicial review?
a. Schechter Poultry Corporation v. United States
b. McCulloch v. Maryland
c. Brown v. Board of Education
d. Marbury v. Madison
e. Plessy v. Ferguson
Marbury v. Madison
The unwritten tradition whereby nominations for state-level federal judicial posts are usually not confirmed if opposed by a senator of the president's party from the state in which the nominee will serve is called
a. senatorial courtesy.
b. judicial review.
c. writ of certiorari.
d. senatorial ratification.
e. habeas corpus.
President Obama's first nominee to the Supreme Court in 2009 was _________, who became the first __________.
a. Samuel Alito; Italian American justice.
b. Sandra Day O'Connor; female justice.
c. John Roberts; chief justice not appointed from among the sitting justices.
d. Sonia Sotomayor; Latino justice.
e. Ruth Bader Ginsberg; female justice.
Sonia Sotomayor; Latino justice
Merely being a taxpayer and being opposed to a law does not provide the standing necessary to challenge that law in court except in cases pertaining to
a. civil liberties.
c. racial or sexual discrimination.
d. environmental protection.
e. governmental support for religion.
governmental support for religion
The Court of Claims is a
a. presidential court.
b. state court.
c. legislative court.
d. district court.
e. constitutional court.
The "rule of four" refers to
a. the number of solicitors general in charge of litigation of the federal government.
b. the number of Supreme Court justices needed to decide a majority opinion.
c. the number of Supreme Court justices that need to agree to grant review to a case in order to get a case on the docket.
d. the number of minority justices currently serving on the Supreme Court.
e. the number of cases that most justices are willing to review in any given court session.
the number of Supreme Court justices that need to agree to grant review to a case in order to get a case on the docket
The justification used by federal courts primarily to avoid deciding cases regarding conflicts between the president and Congress is known as the doctrine of
a. political questions.
b. judicial activism.
c. stare decisis.
d. independent grounds.
e. judicial restraint.
Which Supreme Court justice faced charges that he had sexually harassed a former co-worker and law professor, Anita Hill?
a. William Rehnquist
b. Douglas Ginsburg
c. Robert Bork
d. Clarence Thomas
e. Thurgood Marshall
There are _____ federal courts of appeal, a Court of Appeals for the Federal Circuit, and ___ federal district courts.
a. thousands of; 91
b. 12; 91
c. two; 91
d. three; 91
e. 91; thousands of
Which of the following is NOT a function of the United States solicitor general's office?
a. Reviewing and modifying briefs presented in government appeals
b. Requiring the Supreme Court to review a government case on appeal
c. Deciding whether or not to appeal cases the government has lost in the lower courts
d. Representing the government before the Supreme Court
e. Submitting amicus curiae briefs on behalf of litigants in cases in which the government has some interest
Requiring the Supreme Court to review a government case on appeal
Courts with _____ jurisdiction hear cases brought to them on appeal from a lower court.
An opinion written to stress a different constitutional or legal basis for the judgment is called a(n)
a. dissenting opinion.
b. amending opinion.
c. minority opinion.
d. majority opinion.
e. concurring opinion.
Class action suits
a. are filed by students seeking to force a school district to offer additional sections of perpetually overenrolled courses.
b. are those that have to do with constitutional issues, thus broadening the standing to sue.
c. permit a small number of people to sue on behalf of all other people similarly situated.
d. are routinely filed by teachers groups to prepare the way for legal strikes.
e. may only be filed if all of those with a standing to sue agree to participate.
permit a small number of people to sue on behalf of all other people similarly situated
Studies of Supreme Court decisions have found that
a. the Court is normally in line with popular majorities.
b. the Court is usually out of line with public opinion.
c. there is no correlation between public opinion and Court decisions.
d. the Court renders fewer decisions in election years.
e. the Court prefers to base its decisions on the Constitution rather than narrower and more contentious technical grounds.
the Court is normally in line with popular majorities
The requirement that cases must be capable of being settled as a matter of law rather than on other grounds is known as
a. writ of mandamus.
b. justiciable disputes.
c. stare decisis.
d. amicus curiae.
he United States Supreme Court's jurisdiction includes
a. appellate jurisdiction from both state and federal courts.
b. original jurisdiction in cases involving citizens from one state only if it involves a federal question.
c. original jurisdiction only in cases involving foreign diplomats.
d. only appellate jurisdiction.
e. All of the above are true.
appellate jurisdiction from both state and federal courts
The requirement that plaintiffs have a serious interest in a case, depending on whether they have sustained or are likely to sustain a direct and substantial injury from another party or from an action of government, is called
a. original jurisdiction.
b. appellate jurisdiction.
c. a justiciable dispute.
d. stare decisis.
e. standing to sue.
standing to sue
In a typical year, the Supreme Court issues ________ formal written opinions that could serve as precedent, and thus as the basis of guidance for lower courts.
a. more than 500 but less than 1,000
b. between 150 and 500
c. fewer than 100
d. more than 1,000
e. fewer than 10
fewer than 100
A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground, is called
a. judicial restraint.
d. strict constructionism.
e. judicial activism.
If ________ Supreme Court justices agree to grant review of a case, it can be scheduled for oral argument or decided on the basis of the written record already on file with the Court.
Which of the following is NOT an example of Congress overturning a ruling by creating a new amendment to the Constitution?
a. Chisolm v. Georgia and the Eleventh Amendment
b. Oregon v. Mitchell and the Twenty-sixth Amendment
c. Pollock v. Farmer's Loan and Trust Co and the Sixteenth Amendment
d. Dred Scott v. Sandford and the Fourteenth Amendment
e. Marbury v. Madison and the Twelfth Amendment
Marbury v. Madison and the Twelfth Amendment
The entry point for most litigation in the federal courts is in one of the ________ courts.
President Eisenhower's selection of Earl Warren and William Brennan to the Supreme Court is an example of
a. how religion and region were once important selection criteria.
b. the importance of partisanship in the selection of justices.
c. how a president can mold the Court to his ideology.
d. how presidents can become disappointed with their selections.
e. the Senate majority's tendency to reject nominees of the opposing political party.
how presidents can become disappointed with their selections
Who started the tradition of senatorial courtesy?
a. George Washington
b. Franklin D. Roosevelt
c. Thomas Jefferson
d. Justice John Marshall
e. Chief Justice Warren Burger
Supreme Court decisions
a. rely on a judicial bureaucracy to see that they are implemented.
b. are enforced through judicial implementation.
c. depend on other institutions of government for enforcement.
d. are only taken seriously if they can be implemented.
e. automatically go into effect once handed down.
depend on other institutions of government for enforcement.
A written opinion in a Supreme Court case is a
a. formality handled by the chief justice's law clerks.
b. form of press release written by the chief justice.
c. statement of the legal reasoning behind a decision.
d. way of establishing the Court's agenda.
e. legal argument submitted by an attorney in a case seeking to sway a justice's decision.
statement of the legal reasoning behind a decision.
A legislative court is
a. one that specializes in the review of legislation for its constitutionality.
b. staffed by judges who serve for life.
c. the initial level of federal courts for most disputes.
d. a state-level court.
e. staffed by judges who lack the protections against removal or salary reductions while in office.
staffed by judges who lack the protections against removal or salary reductions while in office
Courts with appellate jurisdiction
a. determine the facts about a case.
b. have no original jurisdiction.
c. review the legal issues involved in a case.
d. hear only criminal cases.
e. hear only civil cases
review the legal issues involved in a case.
Amicus curiae literally means
a. enemy of the court.
b. friend of the court.
c. standing to sue.
d. let the decision stand.
e. we command.
friend of the court
Which of the following statements about district courts is FALSE?
a. Each district court has between two and 28 judges.
b. District courts are the only federal courts that hold trials and impanel juries.
c. District courts are courts of original jurisdiction.
d. District courts are the entry point for most litigation in the federal courts.
e. There are 75 federal district courts
There are 75 federal district courts
Judicial ________ refers to how and whether court decisions are translated into real policy, affecting the behavior of others.
The concept of original intent holds that
a. the Founders embraced general principles that are open to interpretation.
b. judges and justices should determine the intent of the Framers of the Constitution regarding a particular matter and decide cases in line with that intent.
c. the Founders intended judges to use discretion.
d. it is necessary to adapt the principles in the Constitution to the demands of each era.
e. the Founders intended judges to interpret the Constitution but make new law when necessary.
judges and justices should determine the intent of the Framers of the Constitution regarding a particular matter and decide cases in line with that intent
Appeals regarding patents would be heard by
a. the solicitor general.
b. the Court of Claims.
c. the United States Court of Appeals for the Federal Circuit.
d. the United States Supreme Court.
e. a federal district court.
the United States Court of Appeals for the Federal Circuit
Advocates of judicial activism
a. question the qualifications of judges for making political decisions.
b. believe that the courts are the most democratic branch of government.
c. emphasize that the courts may alleviate pressing needs left unmet by the political process.
d. tend to be ideologically conservative.
e. believe the role of the Court should be one of referee.
emphasize that the courts may alleviate pressing needs left unmet by the political process
Approximately _____ cases are submitted for review to the U.S. Supreme Court each year.
In order for the Supreme Court to hear oral arguments or decide a case on the written record,
a. a majority of the justices must agree to take the case.
b. the solicitor general representing the United States government must agree to permit the case to be heard.
c. all justices must agree to take the case.
d. the chief justice must agree to grant a writ of certiorari to the case.
e. four justices must agree to take the case.
four justices must agree to take the case
In Schechter Poultry Corporation v. United States (1935), the Supreme Court
a. upheld the constitutionality of the National Industrial Recovery Act.
b. asserted Congress' right to regulate interstate commerce.
c. upheld the Missouri Compromise.
d. declared the National Industrial Recovery Act unconstitutional because it regulated purely local business that did not affect interstate commerce.
e. held that the Missouri Compromise was unconstitutional
declared the National Industrial Recovery Act unconstitutional because it regulated purely local business that did not affect interstate commerce
Until the Civil War, the dominant questions before the Supreme Court regarded
a. the powers and legitimacy of the federal government.
b. questions of the relationship between the federal government and the economy.
c. the interpretation of First Amendment rights.
d. presidential powers.
e. issues of social and political equality and the expansion of the right to vote.
the powers and legitimacy of the federal government
The only federal courts in which trials are held, and in which juries may be impaneled, are the
a. district courts.
b. legislative courts.
c. courts of claims.
d. superior courts.
e. courts of appeal.
About 98 percent of all criminal cases in the United States are heard in
a. state and local court systems.
b. appellate courts.
c. legislative courts.
d. the Supreme Court.
e. federal district courts
state and local court systems
The Supreme Court's unwillingness to settle disputes about the constitutionality of the War Powers Act is an example of the doctrine of _____, used as a means to decide cases involving conflict between the president and Congress.
a. political questions
b. statutory construction
c. judicial implementation
d. judicial activism
e. judicial restraint
In the immediate aftermath of the Supreme Court's famous Brown v. Board of Education decision, the president and Congress
a. proposed a constitutional amendment to overturn the Court's decision, although the amendment was never ratified by the states.
b. refused to enforce speedy compliance with the ruling, thus severely weakening implementation over the next decade.
c. overruled the Supreme Court in a rare instance of judicial review.
d. worked quickly to implement the decision nationwide.
e. celebrated the fact that the Supreme Court had now joined them in supporting swift compliance with a new federal law.
refused to enforce speedy compliance with the ruling, thus severely weakening implementation over the next decade
_____ cases involve civil suits between citizens of different states or suits in which one of the parties is a citizen of a foreign nation and the matter in question exceeds $75,000.
b. Diversity of citizenship
Diversity of citizenship
How long is the term of a federal judge or justice?
a. 10 years
b. 4 years
c. 2 years
d. A lifetime position
e. 15 years
A lifetime position
The 1974 case in which the Supreme Court held the doctrine of executive privilege to be implicit in the Constitution but not extended to protected documents relevant to criminal proceedings was
a. Marbury v. Madison.
b. Schechter Poultry Corporation v. United States.
c. Brown v. Board of Education.
d. United States v. Nixon.
e. Bush v. Gore.
United States v. Nixon
The power of courts to determine whether acts of Congress and the executive are constitutional is the power of ____________, first articulated in ___________.
a. judicial review; Marbury v. Madison
b. writ of certiorari; United States v. Nixon
c. judicial review; Brown v. Board of Education
d. stare decisis; Marbury v. Madison
e. judicial activism; Schechter Poultry Corporation v. United States
judicial review; Marbury v. Madison
What kind of case would be brought before a diversity of citizenship court?
a. A civil suit where the matter in question exceeds $75,000.
b. A case against the government.
c. A criminal court appeal.
d. A civil suit between citizens of different states.
e. A case where bias was charged against one citizen by another.
A civil suit between citizens of different states
________ opinions are those offered by one or more Supreme Court justices not only to support a majority decision, but also to stress a different constitutional or legal basis for the judgment.
d. Amicus curiae
Courts with appellate jurisdiction
a. review the legal issues involved in a case.
b. have no original jurisdiction.
c. hear only civil cases.
d. hear only criminal cases.
e. determine the facts about a case
review the legal issues involved in a case.