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Chapter 16 The Judiciary AP US Government
Terms in this set (123)
Which of the following statements about British courts is true?
No court may strike down a law that Parliament passes
The chief judicial weapon in the government's system of checks and balances is known as
There have only been ______ chief justices of the United States Supreme Court.
The current Chief Justice of the Supreme Court is
Strict-constructionist judges differ from activist judges in that they are more likely to
believe in the application of judicial review to criminal matters
A judicial activist is a judge who holds
that courts should make as well as interpret law
Which of the following is most likely to be true of an activist judge?
He or she is liberal politically
Which of the following statements concerning the Founders and the courts is incorrect?
None of the above
Marbury v. Madison had both legal and political significance. Which of the following rulings was of political significance?
The Supreme Court will try to avoid direct confrontations with other branches of government
Between 1789 and the Civil War, the Supreme Court was primarily occupied with the issues of
slavery and national supremacy
In McCulloch v. Maryland, the Supreme Court held that
the federal government could pass any laws necessary and proper to the attainment of constitutional ends
In Federalist 78, Alexander Hamilton described the judiciary as
"least dangerous" to political rights
What is the major issue (or set of issues) confronting the Supreme Court in America today?
Personal liberty, social equality, and the potential conflict between the two
Marbury v. Madison had its origins in the aborted commission of ________ and three others.
The commission at issue in Marbury was the result of an attempt by _________ to pack the judiciary with loyal supporters.
The commission at issue in Marbury was supposed to be delivered by the secretary of state,
The chief justice of the Supreme Court who wrote the opinion in the Marbury case was
The amazing result of the Marbury decision was that
the Court decided it had no power to decide the case
The principle that the Supreme Court used in overturning Fulton's monopoly on a New York steamboat operation was that
state law cannot prevail over federal law
The reaction of early presidents to Supreme Court rulings such as Marbury v. Madison and McCulloch v. Maryland can best be described as
The Dred Scott case involved
a slave owner's property rights to an escaped slave
Which of the following statements concerning the exercise of judicial review over federal statutes is most accurate?
It was very rarely used at first, and has been used with some frequency since
From the Civil War to the 1930s, the Supreme Court was primarily occupied with
economic regulation by government
A crucial decision involving the protection of private property interpreted the Fourteenth Amendment's reference to "person" to mean
Until the 1930s, the Supreme Court interpreted the Fourteenth and Fifteenth Amendments to
view civil rights very narrowly
In the period following the Civil War, the Fourteenth Amendment was consistently interpreted by the Supreme Court to protect
Between 1887 and 1910, the Supreme Court upheld state regulation of business opportunity approximately ________ of the time?
The period in Supreme Court history from 1936 to the present has been marked by a concern for
After 1936, the Supreme Court stopped imposing regulations on the power of the government to regulate the economy. In its previous rulings in this area, the Court found itself
making detailed judgments that it was not always competent to make
Court-packing refers to the practice of
appointing only justices who agree with the president's political philosophy
Franklin Roosevelt's court-packing plan would have allowed him to name a new justice
for every sitting justice older than age seventy
The Supreme Court's acceptance of New Deal principles probably avoided
an assault on the Supreme Court by the other branches
There are 94 ___________ in the federal judiciary
There are 12 ___________ in the federal judiciary.
courts of appeal
___________ are established in the federal judiciary for some special purpose and are staffed by people who have fixed terms of office and can have their salaries reduced
The Court of Military Appeals is an example of a
Which court(s) are mandated by the U.S. Constitution?
The Supreme Court only
What does the U.S. Constitution have to say about the size of the Supreme Court?
It does not indicate how large the Court should be
Which of the following courts exercises the judicial powers found in Article III of the Constitution?
One basic difference between a constitutional court and a legislative court is that
constitutional court judges cannot be fired
The behavior of Justices Holmes, Burger, and Blackmun suggests that
presidents can sometimes be mistaken in their prediction about the actions of their judicial appointees
Senatorial courtesy is an especially important consideration in nominations to
Which of the following statements about the selection of federal judges is correct?
Presidents generally appoint judges whose political views reflect their own
It has been suggested that senators actually appoint district judges, and presidents confirm them, through the practice of
The president who appointed the largest percentage of Hispanics to the federal courts was
George W. Bush
Typically, those who complain about the litmus testing of judicial candidates are
out of power
The litmus test is perhaps of greatest importance in nominations to
the Supreme Court
In this century, the number of Supreme Court nominees rejected by the Senate is
fewer than 10
The dual-court system of the United States refers to
The dual-court system of the United States refers to
A diversity case is one involving
citizens of different states
Citizen X is suing his neighbor Y for ramming his $7,000 car. This case could be heard in
a state court
The litigation involving four police officers accused of beating Rodney King illustrates the fact that
some defendants are tried in both state and federal courts
California is suing Arizona over the use of the Colorado River. The case will be heard by
the U.S. Supreme Court
The majority of cases heard by federal courts begin in
What is the relationship between an appeal and certiorari?
Only some appeals are granted certiorari
Certiorari is a Latin word meaning, roughly
"made more certain."
If it wanted to make its caseload significantly more manageable, the Supreme Court could probably do so most easily by
requiring more votes for certiorari.
Which of the following significantly increases the odds that the Supreme Court will review a case?
All of the above
In a typical year, the Supreme Court may consider over ______ petitions asking it to review decisions of lower or state courts.
In a typical year, the Supreme Court rarely gives full review to more than about __________________ of the petitions which request review of the decisions of lower or state courts.
One unintended consequence of the Supreme Court's heavy caseload is an increase in the influence wielded by
Which of the following observations about the Supreme Court's law clerks is incorrect?
They are confirmed by the Senate
Clarence Gideon managed to have his case heard before the Supreme Court by
filing as a pauper
An organization that has been influential in getting First Amendment cases appealed to the Supreme Court is the
Indigent A, Middle-Class B, and Rich C are contemplating taking a case to the U.S. Supreme Court. Which one is most likely to be discouraged by the costs involved?
Two common ways for a plaintiff to lower the costs of an appeal are by filing and being heard as a pauper (in forma pauperis) and by
finding an interest group to support the case.
Fee shifting refers to the practice of
getting the loser to pay court costs
When a citizen sues and wins a suit against a government official for withholding a benefit to which a citizen is entitled, such a suit is called a
Section 1983 suit
Taxpayer X believes that the federal Endangered Species Act is unconstitutional. What will he have to show before his case can be heard on its merits?
That he has suffered personal harm as a result of enforcement of the act
Under the doctrine of sovereign immunity, a citizen cannot
sue the government without its consent
The president's helicopter lands in your rose garden and causes thousands of dollars' worth of damage to your prize roses. Can you sue the government for damages?
Yes, but only if the government gives its consent under the sovereign immunity doctrine
Brown v. Board of Education is an example of a
The major reasons class-action suits became more common in recent years was that
they became financially attractive to lawyers
Among the current members of the U.S. Supreme Court there is (are) ________ women
The most common background or professional experience among members of the current Supreme Court is experience as
Almost all of the justices on the current Supreme Court came to the court with previous experience as a
Republican presidents Nixon, Ford, Reagan and Bush appointed _____ of the current members of the Supreme Court.
The current Chief Justice of the U.S. Supreme Court is
The youngest justice on the U.S. Supreme Court is
Beginning in 1974, the Supreme Court reacted to the implications of class-action suits by greatly
tightening the rules governing class-action suits
The text argues that getting into court depends most strongly on having
standing and resources
In most cases presented to the Supreme Court, the bulk of the argumentation presented by either side will be found in the
The function of the U.S. solicitor general is to
approve every case the federal government presents to the Supreme Court
An interest group such as the ACLU or the NAACP is most likely to attempt to influence the Supreme Court by
writing an amicus curiae brief
Sources of influence on Supreme Court justices include all of the following except
legal aid societies
A chief justice is able to exercise his influence most effectively by
guiding the debate
What happens if a vote by the Supreme Court ends in a tie?
The lower court decision is left standing
Among the types of written opinions issued by the Supreme Court are all of the following except
Justice Ruth Bader Ginsburg, for example, votes on the side of a majority of Supreme Court justices on a particular case even though her reasoning differs from the others. She may choose to express her reasons in a(n)
Typically, about ________ percent of U.S. Supreme Court opinions are unanimous.
The number of federal laws that have actually been overturned by the Supreme Court is
well in excess of 100
Supreme Court rather than congressional interpretation of acts of Congress can result from
interpretation of federal laws
One measure of the policy-making role of the Supreme Court is the frequency with which it
departs from stare decisis
An important reason federal courts follow precedent is that
equal justice requires similar cases to be decided the same way.
Each of the following is a measure of the power of the federal courts except
the reluctance of these courts to deal with political questions
The willingness of the Supreme Court to deal with congressional redistricting is an example of judicial
When a federal judge orders the reorganization of a state prison system in a case brought by a single convict, the judge is issuing a
Justices who believe the Supreme Court should change the direction of legislative policy are advocating
The argument that courts are the last resort for the powerless is most likely to be used by those favoring
The argument that justices usually lack expertise in many aspects of society today is most likely to be used by those favoring
Cases that come before the courts usually originate from
The fastest growing portion of the federal courts' civil work load involves
Federal courts are frequently provided with opportunities to design remedies, in part, because Congress
writes laws that require interpretation through litigation.
A study of appellate court reviews of decisions made by regulatory agencies found that the agencies' position was supported by the courts
approximately two-thirds as often as it was reversed
The ways in which the Supreme Court has interpreted ambiguities in the law can best be explained by
the personal political beliefs of judges
The fact that prayer continues in some public schools, even though the Supreme Court has declared it unconstitutional, is an example of
lack of effective enforcement by the Court
One restraint under which the federal courts operate is that
their decisions can sometimes be ignored
The 1952 steel mill seizure case is an example of the
ability of the Supreme Court to check the president
Which of the following statements about impeachment proceedings against federal judges is true?
They are ineffective restraints on the judiciary
The Fourteenth Amendment overturned
Dred Scott v. Sandford
One practicable way that Congress can get around an unfavorable Supreme Court ruling on a law is to
repass the law in slightly altered form
Which of the following statements about the Dred Scott decision is correct?
It infuriated public opinion and harmed the Supreme Court.
Congress has the power to decide the jurisdiction of lower federal courts. This means that
Congress can decide what types of cases these courts hear.
In the 1868 habeas corpus case involving a Mississippi newspaper editor named McCardle, Congress sought to thwart the Supreme Court by
withdrawing part of the Court's appellate jurisdiction.
The Supreme Court is protected to a considerable extent from frontal attacks by president and Congress through
its prestige in the nation
Withdrawing some of the appellate jurisdiction of the Supreme Court would probably shift policy making to
lower federal courts and state courts
When Supreme Court justices read law review articles commenting on their opinions, they are acknowledging
Historically, the Supreme Court has been especially activist when
the political system was undergoing considerable change
Public confidence in the Supreme Court since 1976 has
Public confidence in the Supreme Court at any given time is most closely related to
the popularity of government as a whole.
Attempts by Presidents Nixon, Reagan, and Bush to produce a less activist court have been
If the size and scope of government were reduced, we could expect
less judicial activism
One cause of today's increased judicial activism is the fact that
more judges believe they should be activists
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