Which recent Supreme Court nominee became the object of a notable Senate rejection?
a.
Antonin Scalia
b.
Robert Bork
c.
Clarence Thomas
d.
Samuel Alito
e.
Anthony Kennedy
B
In recent years, ________ Supreme Court nominees have been treated more roughly by the U.S. Senate.
a.
male
b.
liberal
c.
conservative
d.
Democratic
e.
moderate
C
The reason that the Senate has increasingly paid attention to who becomes a federal judge is
a.
the decrease in the number of cases reviewed by appellate courts.
b.
controversies in the office of the U.S. Attorney General.
c.
the increase in the number of non-unanimous judicial decisions.
d.
changes in the rules regarding appeals.
e.
the policymaking ability of courts.
E
A primary weapon in the government’s system of checks and balances is known as
a.
judicial activism.
b.
judicial interpretivism.
c.
judicial review.
d.
judicial standing.
e.
judicial bypass.
C
Which of the following statements about British courts is true?
a.
Judicial review is tightly regulated but fiercely protected.
b.
Courts are frequently called on by Parliament to settle procedural issues.
c.
No court may strike down a law that Parliament passes.
d.
The British federalist system guarantees a minor role for the judiciary.
e.
Common law ensures that judges actively participate in the policymaking process.
C
Which statement is incorrect?
a.
Political liberals can be strict constructionists.
b.
Political conservatives can be activists.
c.
Activists amplify constitutional principles on the basis of some moral or economic philosophy.
d.
Strict constructionists try to confine themselves to rules stated or clearly implied in the Constitution.
e.
None of the above
E
Seventy years ago, judicial activists tended to be
a.
conservatives.
b.
liberals.
c.
strict constructionists.
d.
trial court judges.
e.
both B and D.
A
Today, judicial activists tend to be
a.
conservatives.
b.
liberals.
c.
strict constructionists.
d.
trial court judges.
e.
both B and D.
B
There have only been ______ chief justices of the United States Supreme Court.
a.
sixteen
b.
twenty
c.
thirty
d.
fifty
e.
sixty
A
The current chief justice of the Supreme Court is
a.
Anthony Kennedy.
b.
David Souter.
c.
Warren Burger.
d.
John Paul Stevens.
e.
John Roberts.
E
Which of the following statements concerning the Founders and the courts is incorrect?
a.
Most of the Founders probably expected the Supreme Court to have the power of judicial review.
b.
The Founders did not mention judicial review in the Constitution.
c.
The Founders did not expect federal courts to play a large role in federal policymaking.
d.
The Founders expected that the courts would find law, not make it.
e.
None of the above
E
In Federalist No. 78, Alexander Hamilton described the judiciary as
a.
“the sword of the community.”
b.
“least dangerous” to political rights.
c.
“command[ing] the purse.”
d.
“encouraging factions.”
e.
“beyond reproach.”
B
Between 1789 and the Civil War, the Supreme Court was primarily occupied with the issues of
a.
states’ rights and slavery.
b.
trade relations and states’ rights.
c.
national supremacy and trade relations.
d.
slavery and national supremacy.
e.
commerce and civil liberties.
D
In McCulloch v. Maryland, the Supreme Court held that
a.
states could tax a federal bank.
b.
state militias were subservient to the federal armed services.
c.
the federal government could pass any laws necessary and proper to the attainment of constitutional ends.
d.
the federal government had the power to regulate commerce that occurred among states.
e.
the judicial branch had the power to determine the legitimate governing power in the states.
C
President ________ attacked the Supreme Court bitterly for its decisions.
a.
Washington
b.
Jackson
c.
Jefferson
d.
Adams
e.
Taylor
B
Andrew Jackson selected Roger B. Taney for the Supreme Court because Taney
a.
supported the notion of judicial review.
b.
supported the notion of judicial supremacy.
c.
was an advocate of states’ rights.
d.
opposed a narrow interpretation of the commerce clause.
e.
had supported Jackson during the campaign.
C
A crucial decision involving the protection of private property interpreted the Fourteenth Amendment’s reference to “person” to also mean
a.
whites only.
b.
adults.
c.
labor unions.
d.
business firms.
e.
males.
D
The text suggests judicial activism was born in the
a.
1990s.
b.
1980s.
c.
1960s.
d.
1920s.
e.
1880s.
E
From the Civil War to the 1930s, the Supreme Court was primarily occupied with
a.
the civil rights of former slaves.
b.
economic regulation by government.
c.
the rights of the criminally accused.
d.
the balance of power between states and the federal government.
e.
First Amendment freedoms.
B
A key principle of the McCulloch decision was that the power granted by the Constitution to the federal government flows from
a.
the states.
b.
the Declaration of Independence.
c.
state constitutions.
d.
Supreme Court decisions.
e.
the people.
E
The principle that the Supreme Court used in overturning Fulton’s monopoly on a New York steamboat operation was that
a.
a monopoly is a restraint on trade.
b.
patents cannot be issued on recent technology.
c.
state law cannot prevail over federal law.
d.
interstate commerce cannot be regulated.
e.
the indirect effects of commerce are beyond the scope of government regulation.
C
Marbury v. Madison had both legal and political significance. Which of the following rulings was of political significance?
a.
Congress may not add to the original jurisdiction of the Supreme Court.
b.
The Supreme Court may declare void any laws repugnant to the U.S. Constitution.
c.
Persons seeking writs of mandamus must go to a lower court.
d.
The Supreme Court will try to avoid direct confrontations with other branches of government.
e.
Congress can expand or contract the appellate jurisdiction of the Court.
D
The commission at issue in Marbury was the result of an attempt by _________ to pack the judiciary with loyal supporters.
a.
William Marbury
b.
John Marshall
c.
Thomas Jefferson
d.
James Madison
e.
John Adams
E
The commission at issue in Marbury was supposed to be delivered by the secretary of state,
a.
William Marbury.
b.
John Marshall.
c.
Thomas Jefferson.
d.
James Madison.
e.
John Adams.
B
Marbury v. Madison had its origins in the aborted commission of ________ and three others.
a.
William Marbury
b.
John Marshall
c.
Thomas Jefferson
d.
James Madison
e.
John Adams
A
The chief justice of the Supreme Court who wrote the opinion in the Marbury case was
a.
William Marbury.
b.
John Marshall.
c.
Thomas Jefferson.
d.
James Madison.
e.
John Adams.
B
The Supreme Court’s opinion in the Marbury case was supported by a ________ vote.
a.
unanimous
b.
5–1
c.
4–2
d.
3–3
e.
3–2
A
The amazing result of the Marbury decision was that
a.
Madison was given his commission.
b.
the Court ordered Jefferson to fire Madison.
c.
the secretary of state was replaced by John Marshall.
d.
Adams was held responsible for the firing of Madison.
e.
the Court decided it had no power to decide the case.
E
In the Marbury decision, Marshall argued that the ________ jurisdiction of the Supreme Court could not be changed.
a.
concurrent
b.
appellate
c.
original
d.
diversity
e.
dual
C
In Ex Parte McCardle, the Supreme Court ruled that Congress had the power to
a.
change the Court’s appellate jurisdiction.
b.
change the Court’s original jurisdiction.
c.
change both the Court’s original and appellate jurisdiction.
d.
increase but not decrease the size of the Court.
e.
decrease but not increase the size of the Court.
A
Until the 1930s, the Supreme Court interpreted the Fourteenth and Fifteenth Amendments to
a.
view civil rights very narrowly.
b.
view civil rights very broadly.
c.
expand the notion of interstate commerce.
d.
contract the notion of interstate commerce.
e.
distinguish precedents in a manner that favored minorities.
A
If the Court were designed by Franklin Roosevelt’s reorganization plan, it could have as many as ____ members.
a.
nine
b.
ten
c.
twelve
d.
thirteen
e.
fifteen
E
Franklin Roosevelt’s court-packing plan would have allowed him to name a new justice
a.
for every incumbent justice older than age seventy.
b.
once a year, irrespective of retirements.
c.
every time the court struck down one of his laws.
d.
to replace any incumbent justice older than age seventy.
e.
each time a justice removed himself/herself from a case.
A
The Supreme Court’s acceptance of New Deal principles probably avoided
a.
a conflict between the president and Congress.
b.
the election of a Republican president in 1936.
c.
an assault on the Supreme Court by the other branches.
d.
the early demise of the New Deal.
e.
the creation of an even higher appellate court.
C
The Supreme Court entered its most active period with the arrival of Chief Justice
a.
Warren.
b.
Rehnquist.
c.
Burger.
d.
Taft.
e.
White.
A
When Congress passed a law that forbade anyone from carrying a gun near a school, the Supreme Court declared the law invalid because such behavior
a.
was protected by the First Amendment.
b.
did not affect interstate commerce.
c.
was not proven to be dangerous.
d.
was jealously guarded by NRA lobbyists.
e.
could only violate state law.
B
When Congress passed a law allowing Indian Tribes to sue states in federal court, the Supreme Court found the law to be in violation of the notion of
a.
full faith and credit.
b.
picket fence federalism.
c.
the police power of the states.
d.
parallel federalism.
e.
sovereign immunity.
E
In the immediate aftermath of the passage of President Obama’s health care plan, several states argued that it violated the Constitution by
a.
raising the eligibility age for federal programs.
b.
lowering benefits for recipients in some states, but not others.
c.
failing to provide comprehensive coverage.
d.
requiring everyone to purchase health insurance.
e.
replacing state agencies with federal administrative offices.
D
Which of the following are mandated by the U.S. Constitution?
a.
The Supreme Court only
b.
The Supreme Court and appellate courts
c.
The Supreme Court and appellate and district courts
d.
Both constitutional and legislative courts
e.
Legislative courts
A
What does the U.S. Constitution have to say about the size of the Supreme Court?
a.
It specifically sets the number of justices at six, later amended to nine.
b.
It specifically sets the number of justices at nine.
c.
It suggests but does not mandate a Court of nine justices.
d.
It does not indicate how large the Court should be.
e.
It specifically places the matter in the hands of the House of Representatives.
D
Which of the following courts exercise the judicial powers found in Article III of the Constitution?
a.
Legislative courts
b.
Courts of appeals
c.
District courts
d.
Constitutional courts
e.
Intermediate appellate courts
D
One basic difference between a constitutional court and a legislative court is that
a.
constitutional court judges handle cases that need not be decided by the Supreme Court.
b.
constitutional court judges cannot be fired.
c.
legislative court judges handle cases that need not be decided by the Supreme Court.
d.
legislative court judges cannot be fired.
e.
legislative court judges are not confirmed by the Senate.
B
There are 94 ___________ in the federal judiciary.
a.
constitutional courts
b.
district courts
c.
courts of appeal
d.
legislative courts
e.
supreme courts
B
There are thirteen ___________ in the federal judiciary.
a.
constitutional courts
b.
district courts
c.
courts of appeal
d.
legislative courts
e.
supreme courts
C
___________ 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.
a.
Constitutional courts
b.
District courts
c.
Courts of appeal
d.
Legislative courts
e.
Supreme courts
D
The Court of Military Appeals is an example of a
a.
constitutional court.
b.
district court.
c.
court of appeal.
d.
legislative court.
e.
supreme court.
D
Democratic judges are more likely to make _______ decisions than Republican judges.
a.
quick
b.
timely
c.
traditional
d.
conservative
e.
liberal
E
The authors suggest there is no reliable way to predict how judges will decide all cases because their decisions are shaped by
a.
the facts of the case.
b.
prior rulings by other courts.
c.
the arguments presented by lawyers.
d.
ideology.
e.
all of the above.
E
The behavior of Justices Holmes, Burger, and Blackmun suggests that
a.
presidents can sometimes be mistaken in their prediction about the actions of their judicial appointees.
b.
the Supreme Court follows the election returns.
c.
presidents clearly control the Supreme Court through their appointments.
d.
dissenters on the Supreme Court have more influence than the majority.
e.
presidents are rarely concerned with court packing today.
A
Senatorial courtesy is an especially important consideration in nominations to
a.
legislative courts.
b.
courts of appeals.
c.
district courts.
d.
constitutional courts.
e.
intermediate appellate courts.
C
When senatorial courtesy is a factor in a nomination, failure to return a “blue slip” means
a.
the nomination will be delayed for at least one week.
b.
the nomination will likely be rejected by the Senate.
c.
the Senate will confirm a nominee in a unanimous vote.
d.
the Senate will confirm a nominee in a roll call vote.
e.
a nominee will be asked to appear before the Senate Judiciary Committee
B
It has been suggested that senators actually appoint district judges, and presidents confirm them, through the practice of
a.
senatorial courtesy.
b.
advice and consent.
c.
legislative vetoes.
d.
requiring a two-thirds majority for confirmation.
e.
requiring a three-fourths majority for confirmation.
A
Which of the following statements about the selection of federal judges is correct?
a.
The principle of senatorial courtesy applies to the selection of judges in the legislative courts.
b.
Presidents generally appoint judges whose political views reflect their own.
c.
Nominees for district court judge often face tough confirmation battles in the Senate.
d.
The application of political litmus tests to Supreme Court nominees was established with the nomination of David Souter.
e.
Supreme Court nominations have only recently become controversial.
B
In judicial appointments, the litmus test can be thought of as a test for
a.
decision-making savvy.
b.
judicial temperament.
c.
ideological purity.
d.
the proper experience.
e.
a sense of fairness and equity.
C
Typically, those who complain about the litmus testing of judicial candidates are
a.
in power.
b.
out of power.
c.
liberal.
d.
conservative.
e.
centrist.
B
In recent years, the percentage of nominees to federal court who have been confirmed by the Senate
a.
has increased significantly.
b.
has increased somewhat.
c.
has remained about the same.
d.
has decreased somewhat.
e.
has decreased significantly.
E
The authors suggest the chief motive for using the litmus test involves a judicial nominee’s views on
a.
abortion.
b.
affirmative action.
c.
gender discrimination.
d.
the rights of criminal defendants.
e.
states’ rights.
A
The “gang of fourteen” vowed to work together to avoid
a.
nomination of individuals to the federal courts who did not have judicial experience.
b.
any discussion of abortion in Senate Judiciary Committee hearings.
c.
the use of litmus tests by presidents.
d.
the filibuster of judicial nominees.
e.
none of the above.
D
The litmus test is perhaps of greatest importance in nominations to
a.
constitutional courts.
b.
district courts.
c.
courts of appeal.
d.
legislative courts.
e.
the Supreme Court.
E
In the twentieth century, the number of Supreme Court nominees rejected by the Senate was
a.
zero.
b.
fewer than ten.
c.
between ten and twenty.
d.
more than twenty.
e.
more than thirty.
B
The dual-court system of the United States refers to
a.
trial and appellate courts.
b.
criminal and civil courts.
c.
statutory and common law courts.
d.
federal and state courts.
e.
legislative and constitutional courts.
D
A diversity case is one involving
a.
the jurisdiction of more than one appellate court.
b.
the jurisdiction of more than one district court.
c.
citizens of different states.
d.
a writ of certiorari.
e.
a writ of mandamus.
C
If citizens of different states wish to sue each other, their case can be heard in either a state or a federal court if it involves more than
a.
$10,000.
b.
$25,000.
c.
$50,000.
d.
$75,000.
e.
$200,000.
D
Citizen X robs a state bank that is insured by the federal government. He can be prosecuted in
a.
a federal court.
b.
a federal or a state court, or both.
c.
a state court.
d.
an appellate court.
e.
an intermediate appellate court.
B
The litigation involving four police officers accused of beating Rodney King illustrates the fact that
a.
some defendants are tried in both state and federal courts.
b.
some cases can be tried only in state courts.
c.
civil rights cases can be tried only in federal courts.
d.
one level of government can block the prosecutions of another.
e.
cases cannot be appealed across the state and federal judiciary.
A
The majority of cases heard by federal courts begin in
a.
district courts.
b.
state courts.
c.
municipal courts.
d.
appellate courts.
e.
circuit courts.
A
Certiorari is a Latin word meaning, roughly,
a.
“beyond all uncertainties.”
b.
“certified.”
c.
“to be heard.”
d.
“rule of four.”
e.
“made more certain.”
E
The Supreme Court will grant cert and hear a case if ____ justices agree to do so.
a.
two
b.
three
c.
four
d.
five
e.
six
C
Which of the following significantly increases the odds that the Supreme Court will review a case?
a.
Two or more federal courts of appeals have decided the same issue in different ways.
b.
The highest court in a state has held a federal law in violation of the Constitution.
c.
The highest court in a state has held a state law in violation of the Constitution.
d.
The highest court in a state has upheld a state law against a claim that it is in violation of the Constitution.
e.
All of the above
E
In a typical year, the Supreme Court may consider over ______ petitions asking it to review decisions of lower or state courts.
a.
one thousand
b.
two thousand
c.
five thousand
d.
seven thousand
e.
thirty thousand
D
n a typical year, the Supreme Court rarely gives full review to more than about __________________ of the petitions that request review of the decisions of lower or state courts.
a.
ten
b.
one hundred
c.
one thousand
d.
three thousand
e.
ten thousand
B
What is the relationship between an appeal and certiorari?
a.
Judges must hear all appeals but only some certiorari.
b.
A case granted certiorari may be heard in either state or federal court.
c.
Appeals are paid for by plaintiffs, certiorari by defendants.
d.
Only some appeals are granted certiorari.
e.
Appeals are directed to appellate courts, whereas a writ of certiorari is sought from a trial court.
D
One unintended consequence of the Supreme Court’s heavy caseload is an increase in the influence wielded by
a.
the chief justice.
b.
associate justices.
c.
the attorney general.
d.
the deputy attorney general.
e.
law clerks.
E
Which of the following observations about the Supreme Court’s law clerks is incorrect?
a.
They play a big role in deciding which cases are granted certiorari.
b.
They are recent law school graduates.
c.
They are confirmed by the Senate.
d.
Some of the opinions written by the justices are drafted by the clerks.
e.
None of the above
C
Clarence Gideon managed to have his case heard before the Supreme Court by
a.
filing a mandatory appeal.
b.
claiming diversity of citizenship.
c.
seeking expert legal assistance.
d.
filing as a pauper.
e.
appealing to the Court in a personal letter.
D
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
a.
finding an interest group to support the case.
b.
filing a writ of certiorari.
c.
asking the courts to rule in absentia.
d.
suing under the principle of sovereign immunity.
e.
applying for a writ of mandamus.
A
An organization that has been influential in getting First Amendment cases appealed to the Supreme Court is the
a.
National Rifle Association (NRA).
b.
National Taxpayers’ Union.
c.
AFL-CIO.
d.
American Civil Liberties Union (ACLU).
e.
National Organization for Women (NOW).
D
Fee shifting is the practice of
a.
dividing attorneys’ fees among all participants in a class-action suit.
b.
reducing fees if the votes of appellate court judges are divided.
c.
getting the government to pay the fees of all parties.
d.
having attorneys adjust their fees according to their experience and the damages awarded.
e.
getting the loser to pay court costs.
E
When a citizen sues and wins a suit against a government official for withholding a benefit to which that citizen is entitled, such a suit is called a
a.
First Amendment suit.
b.
civil rights suit.
c.
common law suit.
d.
Section 1983 suit.
e.
civil liberties suit.
D
Christopher sues his buddy Jack in hopes that Jack will win, because he wants to prove Jack is right. The case is not likely to be entertained by courts because
a.
it probably involves a small sum.
b.
courts do not declare winners and losers.
c.
litigants are not allowed to know each other.
d.
there is no true controversy.
e.
both A and B.
D
Courts do not issue _________ opinions.
a.
advisory
b.
diverse
c.
unanimous
d.
contentious
e.
multiple
A
Taxpayer X believes that the federal Endangered Species Act is unconstitutional. Before his case can be heard on its merits, he will have to show that
a.
he has exhausted all other means to settle his grievance.
b.
more than $10,000 is involved.
c.
he has suffered personal harm as a result of enforcement of the act.
d.
Congress will not change the law.
e.
the legislative branch is incapable of addressing the issue in a competent manner.
C
Under the doctrine of sovereign immunity, a citizen cannot
a.
sue the government without its consent.
b.
bring two suits against one individual for the same crime.
c.
bring the same suit to courts in two different states.
d.
appeal a case that has already been ruled on by the Supreme Court.
e.
appeal a case that was decided more than one year earlier.
A
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?
a.
Yes, without qualification.
b.
Yes, but only if the government gives its consent under the sovereign immunity doctrine.
c.
No, because the government can be sued only when personal injury is involved.
d.
No, because the sovereign immunity doctrine protects the government from lawsuits.
e.
No, unless a neutral magistrate determines the act was intentional.
B
The Supreme Court ruled against a taxpayer who brought suit to force the CIA to
a.
disband and become a branch of the navy.
b.
suspend operations in Greece.
c.
reveal the names of all agents.
d.
end covert activity in South America.
e.
make its budget public.
E
Brown v. Board of Education is an example of a
a.
taxpayer suit.
b.
class-action suit.
c.
Section 1983 suit.
d.
reapportionment suit.
e.
client participatory suit.
B
The major reason class-action suits became more common after the 1960s was that
a.
they became financially attractive to lawyers.
b.
laws changed to deregulate such suits.
c.
the requirements for bringing such suits to court were easy to satisfy.
d.
attorneys’ fees could be shared among all plaintiffs.
e.
bar associations have insisted that lawyers participate in them.
A
Beginning in 1974, the Supreme Court reacted to the implications of class-action suits by greatly
a.
expanding settlement awards.
b.
reducing settlement awards.
c.
tightening the rules governing class-action suits.
d.
easing the rules governing class-action suits.
e.
expanding the scope of such suits in the field of commercial activity.
C
The youngest justice on the current U.S. Supreme Court is
a.
Elena Kagan.
b.
David Souter.
c.
Anthony Kennedy.
d.
Sonia Sotomayor.
e.
Clarence Thomas.
A
Among the current members of the U.S. Supreme Court there is (are) ________ woman(en).
a.
no
b.
one
c.
three
d.
four
e.
five
C
The most common background or professional experience among members of the current Supreme Court is experience as a
a.
attorney general.
b.
state judge.
c.
prosecutor.
d.
defense attorney.
e.
federal judge.
E
Republican presidents have appointed _____ of the current members of the Supreme Court.
a.
nine
b.
six
c.
five
d.
three
e.
two
C
The text argues that getting into court depends most strongly on having
a.
a just cause and standing.
b.
standing and resources.
c.
resources and an opponent.
d.
an opponent and a just cause.
e.
a litigious action and connections in the judiciary.
B
The Supreme Court’s term begins in the month of
a.
January.
b.
August.
c.
October.
d.
November.
e.
December.
C
In most cases presented to the Supreme Court, the bulk of the argumentation presented by either side will be found in the
a.
brief.
b.
certiorari petition.
c.
oral argument.
d.
per curiam decision.
e.
complaint.
A
Oral arguments before the Supreme Court usually feature
a.
half-hour presentations from each side.
b.
hour-long presentations from each side.
c.
three hours of presentations.
d.
two hours of presentations and one hour of questions.
e.
two hours of presentations and two hours of questions.
A
The function of the U.S. solicitor general is to
a.
approve every case the federal government presents to the Supreme Court.
b.
enforce the decisions of the Supreme Court.
c.
serve as the principal legal adviser, or counsel, to members of the Supreme Court.
d.
maintain order in the Supreme Court’s courtroom.
e.
direct participants in oral argument before the Supreme Court.
A
“Amicus curiae” is usually translated as
a.
no probably jurisdiction.
b.
amicable, but curious.
c.
without cause.
d.
friend of the court.
e.
no substantial federal question.
D
An interest group such as the ACLU or the NAACP is most likely to attempt to influence the Supreme Court by
a.
appealing a decision directly to the president.
b.
consulting in the nomination process of a new Supreme Court justice.
c.
writing an amicus curiae brief.
d.
raising a political question with the solicitor general.
e.
lobbying the American Bar Association.
C
Sources of influence on Supreme Court justices include all of the following except
a.
the ACLU.
b.
amicus curiae.
c.
law reviews.
d.
the NAACP.
e.
legal aid societies.
E
A chief justice is able to exercise his/her influence most effectively by
a.
setting the agenda.
b.
guiding the voting.
c.
guiding the debate.
d.
enforcing the decision.
e.
directing oral argument.
C
What happens if a vote by the Supreme Court results in a tie?
a.
The chief justice breaks the tie.
b.
A majority of both houses of Congress decides the case.
c.
The lower-court decision is left standing.
d.
A vote cannot end in a tie because all nine justices must participate in every vote.
e.
The U.S. attorney general casts the deciding vote.
C
Which type of opinion is usually brief and unsigned?
a.
Majority
b.
Per curiam
c.
Concurring
d.
Dissenting
e.
Mandatory
B
Justice Ruth Bader Ginsburg votes with 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)
a.
dissenting opinion.
b.
concurring opinion.
c.
opinion of the Court.
d.
per curiam opinion.
e.
plurality opinion.
B
Among the types of written opinions issued by the Supreme Court are all of the following except
a.
majority.
b.
per curiam.
c.
concurring.
d.
dissenting.
e.
mandatory.
E
The conservative bloc of the Supreme Court includes
a.
Samuel Alito.
b.
John Roberts.
c.
Antonin Scalia.
d.
Clarence Thomas.
e.
all of the above.
E
As a result of two clear blocs of liberal and conservative justices, Justice ______ often casts a “swing vote” on the Supreme Court.
a.
Breyer
b.
Stevens
c.
Kennedy
d.
Ginsburg
e.
Roberts
C
The number of federal laws that the Supreme Court has declared unconstitutional is
a.
fewer than twenty.
b.
approximately fifty.
c.
between seventy-five and one hundred.
d.
well in excess of one hundred.
e.
over three thousand.
D
One measure of the policymaking role of the Supreme Court is the frequency with which it
a.
supports the president.
b.
supports Congress.
c.
departs from stare decisis.
d.
challenges interest groups.
e.
upholds precedent.
C
“Stare decisis” is usually translated as
a.
let the decision stand.
b.
standing against the decision.
c.
friend of the court.
d.
no probable jurisdiction.
e.
stern defense.
A
An important reason that federal courts follow precedent is that
a.
lower court judges have less expertise than members of the Supreme Court.
b.
the Fourteenth Amendment requires that they follow precedent to avoid conflict with state courts.
c.
the practice of stare decisis makes judicial decision making chaotic.
d.
appellate courts are less likely to agree among themselves if the standards of decision making are too rigid.
e.
equal justice requires similar cases to be decided the same way.
E
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
a.
partisan decision.
b.
stare decisis.
c.
writ of certiorari.
d.
policymaking remedy.
e.
concurring opinion.
D
The argument that courts are the last resort for the powerless is most likely to be used by those favoring
a.
judicial activism.
b.
strict constructionism.
c.
interpretivism.
d.
conservative causes.
e.
natural jurisprudence.
A
Cases that come before the courts usually originate from
a.
ambitious lawyers.
b.
contending interests.
c.
conflicting laws.
d.
free-speech violations.
e.
incompetent trial court judges.
B
The fastest-growing portion of the federal courts’ civil workload involves
a.
economic regulation.
b.
environmental protection.
c.
states’ rights.
d.
civil rights.
e.
libel.
D
Federal courts are frequently provided with opportunities to design remedies, in part, because Congress
a.
issues mandates to courts that encourage judicial activism.
b.
nominates federal judges.
c.
confirms judges without the advice of bar associations.
d.
strips agencies of their regulatory powers.
e.
writes laws that require interpretation through litigation.
E
Each of the following is a measure of the power of the federal courts except
a.
the reluctance of these courts to deal with political questions.
b.
the number of state laws they declare unconstitutional.
c.
the number of federal laws they declare unconstitutional.
d.
the number of prior cases they overturn.
e.
the kinds of remedies they impose to correct situations.
A
A study of appellate court reviews of decisions made by regulatory agencies found that the agencies’ position was supported by the courts
a.
in almost every case.
b.
approximately two-thirds as often as it was reversed.
c.
approximately as often as it was reversed.
d.
in a distinct minority of the cases.
e.
rarely, if ever.
B
The fact that prayer continues in some public schools, even though the Supreme Court has declared it unconstitutional, is an example of
a.
the slowness of the appeals process.
b.
ambiguity in the Court’s decisions.
c.
lack of effective enforcement by the Court.
d.
the power of state governments to countermand judicial rulings.
e.
the complexity of the rules relating to federal and state courts.
C
One restraint under which the federal courts operate is that
a.
public opinion and election politics can undermine their efforts.
b.
their decisions can sometimes be ignored.
c.
the president can always fire a federal judge.
d.
Congress can always impeach a federal judge for backing an unpopular position.
e.
Congress can reduce the salary of federal judges.
B
The 1952 steel mill seizure case is an example of the
a.
limits of judicial power.
b.
U.S. commitment to the electoral process.
c.
ability of the Supreme Court to check the president.
d.
conflicting roles of the judicial and legislative branches of government.
e.
lack of consistency in the legislative process.
C
About ____ federal judges have been impeached in U.S. history.
a.
four
b.
seven
c.
nine
d.
fifteen
e.
sixty-seven
D
The willingness of the Supreme Court to deal with congressional redistricting is an example of judicial
a.
power.
b.
fairness.
c.
partisanship.
d.
reaction.
e.
objectivity.
A
Congressional desire to influence the Supreme Court during and after the Civil War may have been evident in
a.
changes in the size of the Court.
b.
attempted impeachments.
c.
investigations into the lives of justices.
d.
the arrests of two justices.
e.
legislation that limited the amount of time for oral argument.
A
Which amendment was passed so a citizen could not sue a state in federal court?
a.
Ninth Amendment
b.
Tenth Amendment
c.
Eleventh Amendment
d.
Thirteenth Amendment
e.
Sixteenth Amendment
C
The Thirteenth, Fourteenth and Fifteenth Amendments overturned
a.
Dred Scott v. Sandford.
b.
Marbury v. Madison.
c.
McCulloch v. Maryland.
d.
Brown v. Board of Education.
e.
Buck v. Bell.
A
One practicable way that Congress can get around an unfavorable Supreme Court ruling on a law is to
a.
remove the judges who voted against the law.
b.
overturn the Court’s ruling.
c.
repass the law in slightly altered form.
d.
strip the Court of its enforcement authority.
e.
contradict the original jurisdiction of the Court.
C
Congress has the power to decide the jurisdiction of lower federal courts. This means that
a.
Congress can determine the number of judges that sit on each court.
b.
Congress can decide which judges will hear which cases before these courts.
c.
Congress can veto decisions of lower courts, unlike those of the Supreme Court.
d.
lower courts cannot declare an act of Congress unconstitutional.
e.
Congress can decide what types of cases these courts hear.
E
In the 1868 habeas corpus case involving a Mississippi newspaper editor named McCardle, Congress sought to thwart the Supreme Court by
a.
threatening to impeach the justices.
b.
withdrawing part of the Court’s appellate jurisdiction.
c.
changing the original jurisdiction of the Court.
d.
changing the size of the Court.
e.
removing the Court from its building.
B
Withdrawing some of the appellate jurisdiction of the Supreme Court would probably shift policymaking to
a.
lower federal courts and state courts.
b.
Congress.
c.
the president.
d.
state prosecutors.
e.
state governors.
A
Which of the following statements about the Dred Scott decision is correct?
a.
It exceeded the formal authority of the Supreme Court.
b.
It infuriated public opinion and harmed the Supreme Court.
c.
It resulted from an inaccurate determination of facts.
d.
It was widely applauded throughout the nation.
e.
It was the primary cause of the Civil War.
B
Historically, the Supreme Court has been especially activist when
a.
Congress was in transition from control by one party to control by the other.
b.
the political system was undergoing considerable change.
c.
the president was weak and indecisive.
d.
Congress was weak and the president was strong.
e.
the states were without power.
B
Public confidence in the Supreme Court since 1976 has
a.
remained unchanged.
b.
seesawed dramatically.
c.
increased steadily.
d.
decreased steadily.
e.
decreased steadily except in election years.
B
Public confidence in the Supreme Court at any given time is most closely related to
a.
the appointment of a new justice to the Court.
b.
decisions that reflect either a clearly liberal or a clearly conservative outlook.
c.
the popularity of government as a whole.
d.
the performance of the economy, especially with regard to inflation.
e.
the perception of division on the Court.
C