Federal Government Test 3 Chapter 14

Front 1

1. The "rule of four" refers to the

a. Fact that four judges sit in appellate court proceedings.
b. Existence of four levels of courts from local to national.
c. What must happen before writs of habeas corpus are issued.
d. Need for four Supreme Court justices to vote to hear a case on appeal.

Back 1

d. Need for four Supreme Court justices to vote to hear a case on appeal.

Front 2

2. There are ______ federal district courts in the United States.

a. thirteen
b. fifty-one
c. ninety-four
d. one hundred

Back 2

c. ninety-four

Front 3

3. There are ______ U.S. courts of appeals.

a. twenty-five b. fifty
c. nine d. thirteen

Back 3

d. thirteen

Front 4

4. Appellate court proceedings may include

a. jurors.
b. witnesses.
c. cross-examination.
d. oral argument.

Back 4

d. oral argument.

Front 5

5. If the chief justice is not in the majority when the case is decided, the responsibility for opinion assignment rests with

a. the most junior justice on the Court.
b. the most senior associate justice in the minority.
c. the chief justice's law clerks.
d. the most senior associate justice in the majority.

Back 5

d. the most senior associate justice in the majority.

Front 6

6. The jurisdiction of federal courts is controlled by
A. Congress.
B. the executive branch, particularly the Department of Justice.
C. the Constitution and statutes.
D. the Constitution alone.

Back 6

C. the Constitution and statutes.

Front 7

7. Appellate courts usually
A. hear only criminal cases.
B. hear only civil cases.
C. determine the credibility of the facts of a case.
D. review the legal procedures of a case not the facts.

Back 7

D. review the legal procedures of a case not the facts.

Front 8

8. In a civil case, the party who brings a case against a defendant is referred to as the
A. state.
B. plaintiff.
C. petitioner.
D. attorney general.

Back 8

B. plaintiff.

Front 9

9. The Supreme Court's original jurisdiction accounts for __________% of its caseload.
A. 42-48
B. 21-32
C. 9-14
D. 2-5

Back 9

D. 2-5

Front 10

10. Most Supreme Court cases fall under the rubric of
A. original jurisdiction.
B. appellate jurisdiction.
C. political review.
D. legislative court.

Back 10

B. appellate jurisdiction.

Front 11

11. The U.S. Supreme Court can hear appeals from
A. lower federal courts.
B. state high courts.
C. the Court of Military Appeals.
D. all of the above.

Back 11

D. all of the above.

Front 12

12. A document containing the collected legal arguments in a case that is filed with a court prior to trial is called a(n)
A. precedent.
B. initiative.
C. brief.
D. amicus curiae.

Back 12

C. brief.

Front 13

13. In court rulings, a reliance on past decisions or precedents to formulate decisions on new cases is called
A. stare decisis.
B. solicitation.
C. strict construction.
D_certiorari.

Back 13

A. stare decisis.

Front 14

14. Since 1869, the Supreme Court has consisted of __________ justices.
A. 6
B. 7
C. 8
D. 9

Back 14

D. 9

Front 15

15. There have been 16 Chief Justices of the Supreme Court in history. The current Chief Justice is
A. Warren Burger.
B. John Roberts
C. Anthony Kennedy.
D. William Rehnquist.

Back 15

B. John Roberts

Front 16

16. The Supreme Court has a staff of
A. 700.
B. 500.
C. 400.
D. 250.

Back 16

C. 400.

Front 17

17. The justices of the Supreme Court are
A. elected in nonpartisan balloting.
B. appointed solely by the president.
C. selected by the Senate.
D. nominated by the president and confirmed by the Senate.

Back 17

D. nominated by the president and confirmed by the Senate.

Front 18

18. In general, a nominee for the Supreme Court must fit certain criteria including
A. competence.
B. ideological and/or policy preferences.
C. religion or gender.
D. all of the above.

Back 18

D. all of the above.

Front 19

19. The Supreme Court has had __________ African-American members in its history.
A. 1
B. 2
C. 5
D. 9

Back 19

B. 2

Front 20

20. The Supreme Court has had __________ female members in its history.
A. 2
B. 4
C. 7
D. 11

Back 20

A. 2

Front 21

21. The main function of the U.S. Courts of Appeals is to:

a. decide on the guilt or innocence of defendants.
b. hear any new evidence discovered after the trial
c. ease the workload of the judges in the District Court.
d. decide if the original trial was held correctly.

Back 21

d. decide if the original trial was held correctly.

Front 22

22. The total number of justices on the Supreme Court is:

a. 7 b. 9 c. 11 d. 13

Back 22

b. 9

Front 23

23. What is a writ of mandamus?

a. A court order directing an official to act
b. The most common method by which cases come to the Supreme Court
c. The process by which cases are settled out of court
d. A court's judgment in tort cases

Back 23

a. A court order directing an official to act

Front 24

24. Lower federal courts are created by:

a. Congress c. the President
b. the Constitution d. the Supreme Court

Back 24

a. Congress

Front 25

25. Cases before the Supreme Court are decided:

a. unanimously c. by majority vote
b. by 2/3 vote d. by plurality vote

Back 25

c. by majority vote

Front 26

26. The number of seats on the Supreme Court is determined by:

a. the Constitution
b. the Congress
c. the president:
d. the current members of the Supreme Court

Back 26

b. the Congress

Front 27

27. Which is not true of federal judges?

a. they never rule on cases involving state law.
b. they enjoy high prestige.
c. they are appointed for life.
d. they are nominated by the president and confirmed by the Senate.

Back 27

a. they never rule on cases involving state law.

Front 28

28. An important power of the chief justice of the Supreme Court is his/her power to

a. select associate justices of the court.
b. prohibit dissenting opinions.
c. assign the written opinion if he/she is in the majority.
d. remove associate justices from the Court.

Back 28

c. assign the written opinion if he/she is in the majority.

Front 29

29. One of the main Differences between the selection of federal and state judges is the

a. nonpolitical selection of federal judges.
b. appointment of all state judges.
c. election of many federal judges.
d. election of many state judges.

Back 29

d. election of many state judges.

Front 30

30. Federal judges can be removed

a. by presidential dismissal.
b. by national election.
c. only by impeachment.
d. only if they are senile.

Back 30

c. only by impeachment.

Front 31

31. The federal court system is a three-tiered model consisting of

a. trial courts, intermediate courts of appeals, and the Supreme Court.
b. county courts, stat courts, and national appellate courts.
c. legislative courts, executive courts, and judicial courts.
d. civil case courts, criminal case courts, and appellate courts.

Back 31

a. trial courts, intermediate courts of appeals, and the Supreme Court.

Front 32

32. The doctrine of stare decisis means

a. to reverse the decision of a lower court.
b. that the court does not have jurisdiction in a case.
c. to refer a case to the next highest court.
d. to stand on the decided cases.

Back 32

d. to stand on the decided cases.

Front 33

33. Most federal cases originate in

a. state district courts.
b. special legislative courts.
c. federal district court.
d. the state court of last resort for criminal cases.

Back 33

c. federal district court.

Front 34

34. Qualifications for members of the Supreme Court

a. are not established in the Constitution.
b. include a minimum of 7 years experience as a federal district court judge.
c. include admission to the bar in a minimum of 32 states.
d. both b and c.

Back 34

a. are not established in the Constitution.

Front 35

35. Before any court can hear a case

a. the jury must be selected.
b. all appeals must be filed with the court clerk.
c. both parties must agree on a neutral judge.
d. it must have jurisdiction- the power to decide the case.

Back 35

d. it must have jurisdiction- the power to decide the case.

Front 36

36. A writ of certiorari by the Supreme Court orders

a. both parties in a case to reach agreement without further litigation.
b. state courts to abide by the decisions of the Court.
c. a lower court to send it the record of a case for review.
d. the state legislature to rewrite legislation that was founded unconstitutional.

Back 36

c. a lower court to send it the record of a case for review.

Front 37

37. The chief justice

a. presides at the conference.
b. writes all the dissenting opinions.
c. writes all opinions of the Court.
d. decides which cases the Court will review.

Back 37

a. presides at the conference.

Front 38

38. The Supreme Court's original jurisdiction is conferred by

a. Congress.
b. Article III of the Constitution.
c. the president.
d. the chief justice.

Back 38

b. Article III of the Constitution.

Front 39

39. The common law is also known as

a. judge-made law.
b. statutory law.
c. constitutional law.
d. executive-made law.

Back 39

a. judge-made law.

Front 40

40. All of the following are limitations on the power of the supreme Court except

a. the Congress establishes the Supreme Court's appellate jurisdiction.
b. the Court must depend on the executive branch to enforce its decisions.
c. the Court's members are selected by the chief justice.
d. members of the Court are subject to impeachment and conviction by Congress.

Back 40

c. the Court's members are selected by the chief justice.

Front 41

41. Which of the following would be a case of original jurisdiction before the U.S. Supreme Court?

a. A lawsuit between the United states and one of the states.
b. The kidnap and murder of a federal official.
c. Any case appealed from a U.S. district court.
d. The president appoints the judges and decides the cases they will hear.

Back 41

a. A lawsuit between the United states and one of the states.

Front 42

42. Who decides what cases the Supreme Court will hear on appeal from the lower courts?

a. The Constitution specifies the appeals cases the Court must hear.
b. Congress has ruled that the Court must hear all cases appealed to it.
c. The Court decides for itself what cases it will hear.
d. The president appoints the judges and decides the cases

Back 42

c. The Court decides for itself what cases it will hear.

Front 43

43. Once the Supreme Court has decides how it will rule on a case, who writes the Court's opinion?

a. The chief justice writes the opinion.
b. The most junior justice has to do all the writing.
c. The justices vote on who should write for them.
d. Either the Chief justice or the senior justice in the majority assigns the opinion writing

Back 43

d. Either the Chief justice or the senior justice in the majority assigns the opinion writing

Front 44

44. The largest portion of the Supreme Court's caseload comes from

a. judicial review.
b. appellate jurisdiction.
c. writs of mandamus.
d. original jurisdiction.

Back 44

b. appellate jurisdiction.

Front 45

45. U.S. attorneys, who are the main administrators of federal law enforcement, are

a. popularly elected.
b. appointed by federal district court judges.
c. appointed by U.S. house members in whose districts they serve.
d. appointed by the president, whit advice and consent of the Senate.

Back 45

d. appointed by the president, whit advice and consent of the Senate.

Front 46

46. When state law conflicts with federal law,

a. state law takes precedence.
b. federal law takes precedence.
c. the Supreme Court decides which shall take precedence.
d. Congress decides which shall take precedence.

Back 46

b. federal law takes precedence.

Front 47

47. When a party not directly involved in a court case files a brief supporting one side or the other, it is called a(n) _______ brief.

a. certiorari
b. stare decisis
c. tort
d. amicus curiae

Back 47

d. amicus curiae

Front 48

48. The dissenting opinion is important because

a. it represents the position of the Chief Justice of the Supreme Court.
b. it is the statement of the defendant's attorney to the Court.
c. in criminal law it must be carried out by local police units.
d. it often forms the basis of the arguments used years later in reversing the majority opinion in a similar case.

Back 48

d. it often forms the basis of the arguments used years later in reversing the majority opinion in a similar case.

Front 49

49. In Supreme Court decisions, a concurring opinion is

a. written by the chief justice to show that he agrees.
b. written by a "friend of the Court" to disagree with the decision.
c. written by a member of the minority to disagree with the decision.
d. written by a member of the majority, who disagrees with the reasoning in the decision.

Back 49

d. written by a member of the majority, who disagrees with the reasoning in the decision.

Front 50

50. Which of the following is an example of a civil case?
a. a divorce action
b. a suit for damages arising from an automobile accident
c. a suit for violation of a business contract
d. all of the above

Back 50

d. all of the above

Front 51

51. Which of the following agencies is a part of the Department of Homeland Security?
a. the Secret Service
b. U.S. Citizenship and Immigration Services (formerly the Immigration and Naturalization Service)
c. the Federal Trade Commission
d. all of the above

Back 51

b. U.S. Citizenship and Immigration Services (formerly the Immigration and Naturalization Service)

Front 52

52. The outlines of the federal judicial branch are located in
A. the Preamble.
B. Article I.
C. Article II.
D. Article III.

Back 52

D. Article III.

Front 53

53. The judiciary was called the "least dangerous branch" by
A. Alexander Hamilton.
B. James Madison.
C. George Washington.
D. Thomas Jefferson.

Back 53

A. Alexander Hamilton.

Front 54

54. In the federal court system, courts lower than the Supreme Court are established by
A. Article III.
B. judicial review.
C. Congress.
D. the Supreme Court.

Back 54

C. Congress.

Front 55

55. Judicial review, the power of the judiciary to review the acts of other branches of government, was established for the national government in
A. Marbury v. Madison.
B. Martin v. Hunter's Lessee.
C. McCulloch v. Maryland.
D. Gibbons v. Ogden.

Back 55

A. Marbury v. Madison.

Front 56

56. Judicial review, the power of the judiciary to review the acts of other branches of government, was established for the state governments in
A. Marbury v. Madison.
B. Martin v. Hunter's Lessee.
C. McCulloch v. Maryland.
D. Gibbons v. Ogden.

Back 56

B. Martin v. Hunter's Lessee.

Front 57

57. The term for Supreme Court justices and federal judges is for
A. 4 years.
B. 8 years.
C. 10 years.
D. good behavior.

Back 57

D. good behavior.

Front 58

58. Among the checks on the powers of the Court are
A. Congress can alter the jurisdiction of the Supreme Court.
B. decisions can be reversed by constitutional amendment.
C. judges can be impeached and removed from office.
D. all of the above.

Back 58

D. all of the above.

Front 59

59. The Judiciary Act of 1789
A. created the Supreme Court and its jurisdictions.
B. established the state court structures.
C. established the basic structure of the federal court system.
D. granted the Supreme Court the power of judicial review.

Back 59

C. established the basic structure of the federal court system.

Front 60

59. The Judiciary Act of 1789
A. created the Supreme Court and its jurisdictions.
B. established the state court structures.
C. established the basic structure of the federal court system.
D. granted the Supreme Court the power of judicial review.

Back 60

B. established the state court structures.

Front 61

61. The first Chief Justice of the Supreme Court was
A. Thomas Jefferson.
B. James Wilson.
C. John Jay.
D. John Marshall.

Back 61

C. John Jay.

Front 62

62. In the case of __________, the Supreme Court ruled that it had the right to hear suits brought by the citizens of one state against another under Article I, section 2.
A. Chisholm v. Georgia
B. Marbury v. Madison
C. Gibbons v. Ogden
D. Fletcher v. Peck

Back 62

A. Chisholm v. Georgia

Front 63

63. The third Chief Justice of the Supreme Court was
A. Oliver Ellsworth.
B. John Marshall.
C. Samuel Chase.
D. Joseph Story.

Back 63

A. Oliver Ellsworth.

Front 64

64. John Marshall, as Chief Justice, transformed the Court into a coequal branch of government through key decisions such as McCulloch v. Maryland that
A. outlawed seriatim opinions.
B. made the Court the final arbiter of constitutionality.
C. declared state laws invalid.
D. broadly interpreted the necessary and proper clause.

Back 64

D. broadly interpreted the necessary and proper clause.

Front 65

65. The jurisdiction of courts to hear the facts of a case is termed
A. original.
B. appellate.
C. trial.
D. standing.

Back 65

A. original.

Front 66

66. In the federal court system, the majority of disputes end in the

a. courts of appeals.
b. U.S. Supreme Court.
c. district courts.
d. U.S. Court of Appeals for the Federal Circuit.

Back 66

c. district courts.

Front 67

67. Civil cases between citizens of different states

a. are heard first in the relevant state supreme courts.
b. may be heard in federal court if the matter in controversy exceeds $10,000.
c. are automatically heard in federal court.
d. are always heard in state court.

Back 67

b. may be heard in federal court if the matter in controversy exceeds $10,000.

Front 68

68. The Supreme Court's original jurisdiction is conferred by

a. the president.
b. the chief justice.
c. Congress.
d. Article III of the Constitution.

Back 68

d. Article III of the Constitution.

Front 69

69. The solicitor general is appointed by the

a. Congress.
b. attorney general.
c. president.
d. chief justice.

Back 69

c. president.

Front 70

70. The custom of senatorial courtesy

a. encourages courteous behavior on the floor of the Senate.
b. gives senators the power to appoint state court judges.
c. gives a senator of the president's party an influential role in the selection of district court judges when vacancies occur in his or her state.
d. requires the House of Representatives to vote for all Senate- approved judicial nominees.

Back 70

c. gives a senator of the president's party an influential role in the selection of district court judges when vacancies occur in his or her state.

Front 71

71. Plea Bargaining is a process by which

a. a defendant makes an emotional plea for mercy from the court.
b. jurors make deals among themselves in order to reach a verdict.
c. civil cases involving large sums of money are settled out of court.
d. a defendant pleads guilty in exchange for a lighter sentence.

Back 71

d. a defendant pleads guilty in exchange for a lighter sentence.

Front 72

72. Judges who tend to interject their own values into their interpretations of the law are practicing

a. judicial activism. b. judicial restraint.
c. habeas corpus. d. strict constructionism.

Back 72

a. judicial activism.

Front 73

73. The Constitution mandated the existence of

a. a three-tiered federal court system.
b. the Supreme Court only.
c. separate courts for civil and criminal cases.
d. elected judges.

Back 73

b. the Supreme Court only.

Front 74

74. Most traditional criminal offenses ( murder, theft, arson,) are defined and tried at the

a. federal level. b. state level.
c. federal and state levels equally. d. appellate level.

Back 74

b. state level.

Front 75

75. What power does the Supreme Court have over a lower court?

a. The power to fire disloyal judges.
b. The power to change its work assignments.
c. The power to reverse its decisions.
d. The power to reduce salaries and restrict budgets.

Back 75

c. The power to reverse its decisions.

Front 76

76. The difference between an appellate court and a trial court is that an appellate court

a. has original jurisdiction.
b. conducts trials jury.
c. reviews previous court decisions.
d. is a court of first instance.

Back 76

c. reviews previous court decisions.

Front 77

77. The district and appellate court structure of the federal court system was established by

a. the Constitution. b. an act of Congress.
c. the Supreme Court. d. presidential order.

Back 77

b. an act of Congress.

Front 78

78. Statutory law consists of all laws enacted by:

a. legislature. b. bureaucracy.
c. court. d. public-interest groups.

Back 78

a. legislature.

Front 79

79. A body of rules and regulations made by administrative agencies in the executive branch in order to carry out the objectives of legislative programs is :

a. constitutional law.
b. statutory law.
c. administrative law.
d. common law.

Back 79

c. administrative law.

Front 80

80. The Constitution contains all of the following provisions about the Supreme Court EXCEPT:

a. justices serve ten-year terms.
b. Congress can create courts inferior to the Supreme Court.
c. the president is to nominate candidates for the Supreme Court.
d. the Senate must confirm candidates for the Supreme Court.

Back 80

a. justices serve ten-year terms.

Front 81

81. More than __________ cases a year are filed with the Supreme Court.
A. 2,500
B. 5,800
C. 8,400
D. 11,000

Back 81

C. 8,400

Front 82

82. During the 1999-00 term, the Supreme Court handed down verdicts in __________ cases.
A. 55
B. 74
C. 135
D. 200

Back 82

B. 74

Front 83

83. Since 1988, nearly all appellate cases that have arrived at the Court have been through
A. a writ of certiorari.
B. stare decisis.
C. in forma pauperis.
D. state high courts.

Back 83

A. a writ of certiorari.

Front 84

84. The Supreme Court will hear a case if __________ justices vote to do so.
A. 7
B. 6
C. 5
D. 4

Back 84

D. 4

Front 85

85. In 2000, the Supreme Court employed __________ clerks.
A. 18
B. 27
C. 34
D. 45

Back 85

C. 34

Front 86

86. The appellate cases the Supreme Court chooses to hear tend to have certain characteristics including
A. the government is the party asking for review.
B. conflicts among circuit courts.
C. ideological or policy preferences of the justices.
D. all of the above.

Back 86

D. all of the above.

Front 87

87. The member of the Justice Department who handles all appeals in the Supreme Court is the
A. attorney general.
B. solicitor general.
C. Secretary of Justice.
D. procurator.

Back 87

B. solicitor general.

Front 88

88. Interest groups often join in court cases through the use of __________ in order to advance their policy preferences through the court system.
A. amicus briefs
B. monetary donations
C. certiorari.
D. all of the above.

Back 88

A. amicus briefs

Front 89

89. During conference, Supreme Court justices speak in order by
A. age.
B. interest.
C. seniority.
D. choice.

Back 89

C. seniority.

Front 90

90. An unsigned opinion issued by the Court is called
A. majority.
B. per curiam.
C. seriatim.
D. plurality.

Back 90

B. per curiam.

Front 91

91. The idea that judges should use their power broadly to further justice is called
A. stare decisis.
B. original intent.
C. judicial restraint.
D. judicial activism.

Back 91

D. judicial activism.

Front 92

92. Although the Court is ruled by the principle of precedent, the Supreme Court has overruled itself __________ times since 1810.
A. 60
B. 100
C. 140
D. 200

Back 92

C. 140

Front 93

93. Judicial decisions are translated into actual public policy through
A. judicial implementation.
B. the executive branches ability and desire to enforce the ruling.
C. Congress's ability and desire to fund the implementation of the ruling.
D. all of the above.

Back 93

D. all of the above.

Front 94

94. Judicial decisions are most likely to be smoothly implemented if
A. responsibility falls to a single or small group of highly visible officials.
B. those affected by the decision know about it.
C. the decision is clear and easily understood.
D. all of the above.

Back 94

D. all of the above.

Front 95

95. The oldest justice currently sitting on the Supreme Court is
A. John Paul Stevens.
B. William Rehnquist.
C. Sandra Day O'Connor.
D. William Brennan.

Back 95

A. John Paul Stevens.

Front 96

96. The youngest current member of the Supreme Court is
A. David Souter.
B. Ruth Bader Ginsburg.
C. John Roberts.
D. Stephen Breyer.

Back 96

C. John Roberts.

Front 97

97. Today, the role of the courts is very similar to that envisioned in 1788.
True/False

Back 97

F

Front 98

98. Courts have a political nature.
True/False

Back 98

T

Front 99

99. The Judiciary Act of 1789 established the original and appellate jurisdictions of the Supreme Court.
True/False

Back 99

F

Front 100

100. The Supreme Court generally issues seriatim opinions.
True/False

Back 100

F

Front 101

101. Marbury v. Madison (1803) first asserted the doctrine of judicial review.
True/False

Back 101

T

Front 102

102. In courts of original jurisdiction, judges determine matters of law, not fact.
True/False

Back 102

F

Front 103

103. The Supreme Court's original jurisdiction includes cases involving two or more states.
True/False

Back 103

T

Front 104

104. The bulk of the judicial work in the federal system takes place in the Supreme Court.
True/False

Back 104

F

Front 105

105. There are currently 94 federal district courts.
True/False

Back 105

T

Front 106

106. The principle of stare decisis states that courts must rely on past decisions or precedents in order to decide new cases.
True/False

Back 106

T

Front 107

107. The former Chief Justice, William H. Rehnquist, was appointed by Nixon.
True/False

Back 107

T

Front 108

108. The Constitution sets the number of justices on the Supreme Court at nine.
True/False

Back 108

F

Front 109

109. In 1998, the Chief Justice spoke out to criticize the Republican Senate for failing to act on Clinton appointees to the federal bench.
True/False

Back 109

T

Front 110

110. Politics permeates the selection process for judges and justices.
True/False

Back 110

T

Front 111

111. There have been seven female justices and five African-Americans on the Supreme Court.
True/False

Back 111

F

Front 112

112. Interest groups are forbidden to lobby the federal courts at all levels.
True/False

Back 112

F

Front 113

113. The Supreme Court grants a writ of certiorari if a majority of judges vote in favor.
True/False

Back 113

F

Front 114

114. The Supreme Court's term begins on the first Monday in October.
True/False

Back 114

T

Front 115

115. Recently, it has become more common to see dissenting and concurring opinions coming from the Supreme Court.
True/False

Back 115

T