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CHAPTER 13 MULTIPLE CHOICE ONLY

Terms in this set (58)

Which Article of the Constitution created the federal judiciary?
a. Article III
b. Article II
c. Article VI
d. Article I
e. Article IX
a. Article III
According to Article II, which of the following must confirm all federal judges?
a. House of Representatives
b. Supreme Court
c. Senate
d. president
e. states
c. Senate
The _______ Act of 1789 established the basic three-tiered structure of the federal court system.
a. Federal Courts
b. Appellate
c. Confirmation
d. Interpretation
e. Judiciary
e. Judiciary
How many justices currently serve on the Supreme Court?
a. five
b. six
c. twelve
d. nine
e. eight
d. nine
In which of the following cases did the Supreme Court first claim the right of judicial review?
a. Chishom v. Georgia
b. Brown v. Board of Education
c. United States v. Nixon
d. Dred Scott v. Sandford
e. Marbury v. Madison
e. Marbury v. Madison
In which court do cases generally begin?
a. trial
b. appellate
c. original
d. constitutional
e. state
a. trial
___________ law governs relations between individuals and defines their legal rights.
a. Criminal
b. Judicial
c. Civil
d. Tort
e. Adversary
c. Civil
A writ of ______ is a request submitted to the U.S. Supreme Court to review a lower court decision.
a. mandamus
b. prohibition
c. capias
d. attachment
e. certiorari
e. certiorari
For a case to be heard in the Supreme Court, a minimum of how many justices must vote to hear the case?
a. one
b. four
c. five
d. nine
e. six
b. four
The U.S. Department of Justice is led by the
a. U.S. attorney general
b. solicitor general
c. chief justice of the Supreme Court
d. president
e. Senate majority leader
a. U.S. attorney general
How many tiers/levels does the federal judiciary have?
a. two
b. six
c. four
d. three
e. five
d. three
Which type of case concerns the violation of the legal rights of one individual toward another?
a. civil
b. original
c. trial
d. appellate
e. criminal
a. civil
In a _______ bargain, both parties agree to a specified crime and punishment.
a. trial
b. punishment
c. judicial
d. plea
e. jury
d. plea
What is known as the power to interpret the Constitution?
a. adversary system
b. judicial review
c. common law
d. justiciable dispute
e. constitutional law
b. judicial review
Which of the following represents the federal government in the Supreme Court?
a. attorney general
b. president
c. Speaker of the House
d. solicitor general
e. chief prosecutor
d. solicitor general
Which of the following nominates U.S. federal judges?
a. president
b. vice president
c. chief justice
d. Senate
e. Supreme Court
a. president
Which of the following is the authority vested in a particular court to hear and decide the issues in a particular case?
a. jurisdiction
b. judicial review
c. jurisprudence
d. confirmation
e. filibuster
a. jurisdiction
What is the name given to the power of the courts to interpret, and overturn, the actions of the executive and legislative branches?
a. original jurisdiction
b. strict construction
c. judicial review
d. precedent
e. stare decisis
c. judicial review
Which of the following brings the case before the court in civil cases?
a. defendant
b. prosecutor
c. district attorney
d. plaintiff
e. appellee
d. plaintiff
Federal judges are appointed to _____ terms.
a. two-year
b. three-year
c. life
d. ten-year
e. twenty-year
c. life
The authority to be the first court to hear a case is which type of jurisdiction?
a. appellate
b. constitutional
c. federal
d. original
e. trial
d. original
A(n) _____ brief is submitted by someone who is not a party to the case.
a. amicus curiae
b. appellate
c. habeas corpus
d. outsider
e. coram nobis
a. amicus curiae
Only a(n) ________ court can review the decisions of a lower court.
a. trial
b. original
c. administrative
d. constitutional
e. appellate
e. appellate
The U.S. courts of appeals are divided into _____ judicial circuits in the states and U.S. territories; another court of appeal is located in the District of Columbia.
a. nine
b. twelve
c. thirteen
d. eleven
e. six
d. eleven
The ruling in which of the following cases struck down state-mandated segregation in public schools?
a. Gideon v. Wainwright
b. McCulloch v. Maryland
c. Brown v. Board of Education
d. Marbury v. Madison
e. Plessy v. Ferguson
c. Brown v. Board of Education
Which of the following is an opinion written by a justice in the majority that outlines additional considerations he or she thinks are important?
a. concurring
b. en banc
c. majority
d. per curiam
e. dissenting
concurring
Who attempted to expand the number of Supreme Court justices in 1937?
a. Chief Justice Warren
b. President Hoover
c. Chief Justice Marshall
d. President Roosevelt
e. President Wilson
d. President Roosevelt
Proponents of which of the following believe that judges should use their power broadly to further justice?
a. judicial restraint
b. judicial constructionism
c. judicial activism
d. judicial originalism
e. judicial implementation
c. judicial activism
Federal courts have writ of ______ jurisdiction, or the power to release persons from custody if a judge determines they are not being detained constitutionally.
a. amicus
b. curiae
c. certiorari
d. in forma pauperis
e. habeas corpus
e. habeas corpus
In which federal courts are trials conducted?
a. circuit
b. district
c. common
d. original
e. public
b. district
In 1987, the Senate refused to confirm the nomination of which of the following to the Supreme Court?
a. Antonin Scalia
b. Harlan Fiske
c. Earl Warren
d. Robert Bork
e. David Souter
d. Robert Bork
The Supreme Court provides a statement of the legal reasoning behind their decisions in written _________.
a. briefs
b. arguments
c. opinions
d. laws
e. pamphlets
c. opinions
Although the Court resolves many issues, it also sometimes ______ the case, sending it back to the lower court with instructions to act in accordance with its opinion.
a. remands
b. denies
c. rejects
d. discards
e. recommends
a. remands
In 1869, Republicans altered the Court's appellate jurisdiction in order to prevent Supreme Court review of the constitutionality of which type of legislation?
a. anti-slavery
b. prohibition
c. voter's rights
d. reconstruction
e. income tax
d. reconstruction
Senatorial ______ is the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
a. proposal
b. approval
c. submission
d. selection
e. courtesy
e. courtesy
What are the two types of jurisdiction courts can have?
a. original and appellate
b. trial and appeals
c. constitutional and statutory
d. active and restrained
e. legislative and constitutional
a. original and appellate
Which of the following is within the original jurisdiction of the Supreme Court?
a. federal criminal matters
b. tax disputes
c. military tribunals
d. controversies between the states
e. property disputes
d. controversies between the states
Interest groups may file _______ briefs to encourage the Supreme Court to review a case.
a. habeas corpus
b. certiorari
c. amicus curiae
d. in forma
e. pauperis
c. amicus curiae
Just because judges make independent decisions does not mean they are free to do whatever they wish; which of the following concepts constrains judicial activism?
a. the rule of four
b. judicial review
c. supremacy
d. originalism
e. the rule of precedent
e. the rule of precedent
To which of the following does Article III give the power to create inferior federal courts?
a. Congress
b. the president
c. the Supreme Court
d. the states
e. the people
a. Congress
_______ courts are the trial courts where nearly all federal cases begin.
a. Common
b. Circuit
c. District
d. Legislative
e. Original
c. District
What implies the authority of a court to hear a case "in the first instance"?
a. originalism
b. first jurisdiction
c. precedent
d. original jurisdiction
e. appellate jurisdiction
d. original jurisdiction
If you sue your neighbor over damage to your property, how are you referred to in the legal documents?
a. defendant
b. prosecutor
c. plaintiff
d. adversary
e. initiator
c. plaintiff
In court rulings, reliance on past decisions to formulate decisions in new cases is known as which of the following?
a. per curiam
b. stare decisis
c. coram nobis
d. amicus curiae
e. common law
b. stare decisis
In a process known as ____, presidents generally allow senators from the state in which a judicial vacancy occurs to block the nomination.
a. advice and consent
b. presidential deference
c. judicial review
d. senatorial courtesy
e. Senate confirmation
d. senatorial courtesy
The Supreme Court has ______ jurisdiction, the authority to hear a case essentially as a trial court would, only in cases involving ambassadors and other consuls, and cases in which a state or states are a party.
a. appellate
b. circuit
c. district
d. constitutional
e. original
e. original
When the U.S. Supreme Court agrees to hear a case appealed to it from a circuit court, it is exercising its _______ jurisdiction.
a. original
b. constitutional
c. mandatory
d. appellate
e. legislative
d. appellate
According to the principle of ______ a court should not overturn precedent unless it is absolutely necessary.
a. original intent
b. judicial review
c. stare decisis
d. prior restraint
e. judicial privilege
c. stare decisis
What type of law governs relationships between individuals and defines their legal rights?
a. positive
b. civil
c. criminal
d. constitutional
e. personal
b. civil
Which of the following can modify a decision of the Supreme Court?
a. executive order
b. federal statute
c. lower court decision
d. constitutional amendment
e. writ of certiorari
d. constitutional amendment
All federal judicial nominations are first referred to which of the following for a hearing?
a. House Judiciary Committee
b. Senate Nominations Committee
c. Supreme Court
d. Senate Judiciary Committee
e. attorney general
d. Senate Judiciary Committee
If a judge believes that she should only strike down laws that clearly violate the Constitution, she likely believes in which of the following?
a. judicial activism
b. judicial conservatism
c. judicial originalism
d. judicial restraint
e. judicial construction
d. judicial restraint
The conference of the U.S. Supreme Court is
a. open to the justices and the public
b. limited to the justices themselves
c. open to the justices and other court staff
d. open to the justices and the president
e. open to the justices and all members of Congress
b. limited to the justices themselves
Who heads the entire federal judiciary?
a. the president
b. the attorney general
c. the solicitor general
d. the Supreme Court clerk of courts
e. the chief justice of the Supreme Court
e. the chief justice of the Supreme Court
Which of the following limits judicial power?
a. judicial review
b. judicial activism
c. stare decisis/ precedent
d. constitutional courts
e. senatorial courtesy
c. stare decisis/ precedent
A court that hears and weighs evidence in order to reach the first decision in a civil or criminal case is a court of _____ jurisdiction.
a. appellate
b. constitutional
c. trial
d. original
e. mandatory
d. original
What could denying a writ of certiorari by the Supreme Court mean?
a. Justices wish to establish precedent.
b. Justices agree with the decision of a lower court.
c. Justices are united on an issue.
d. Justices may wish to avoid a political hot potato.
e. Justices may not want an issue to "percolate" in the federal courts.
d. Justices may wish to avoid a political hot potato.
Which of the following presidents was least likely to have a judicial nominee confirmed?
a. Clinton
b. Obama
c. Reagan
d. Nixon
e. Ford
c. Reagan
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