13
The Judiciary: The
Balancing Branch
Multiple–Choice Questions
1. Which article of the Constitution created the federal judiciary?
a. Article III
b. Article II
c. Article VI
d. Article I
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
Page Reference: 391
Skill Level: Remember the Facts
Difficulty Level: Easy
2. According to Article II, which of the following must confirm all federal judges?
a. House of Representatives
b. Supreme Court
c. Senate
d. president
Topic: The Politics of Appointing Federal Judges
Learning Objective: LO 13.3: Analyze factors that play an important role in
selecting judicial nominees.
Page Reference: 395
431
Skill Level: Remember the Facts
Difficulty Level: Easy
3. On the lowest tier of the federal judiciary are the __________.
a. state courts
b. trial courts
c. circuit courts
d. district courts
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
Page Reference: 391
Skill Level: Remember the Facts
Difficulty Level: Easy
4. How many justices currently serve on the Supreme Court?
a. five
b. six
c. twelve
d. nine
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
Page Reference: 392
Skill Level: Remember the Facts
Difficulty Level: Easy
5. When the Senate delays or rejects a federal judicial nomination, the president can
still appoint justices by __________.
a. changing the jurisdiction of federal courts
b. focusing on state courts
c. invoking precedent
d. using recess appointments
Topic: The Politics of Appointing Federal Judges
Learning Objective: LO 13.3: Analyze factors that play an important role in
selecting judicial nominees.
432
Page Reference: 398
Skill Level: Understand the Concepts
Difficulty Level: Moderate
6. In which court do federal cases generally begin?
a. district
b. appellate
c. constitutional
d. state
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
Page Reference: 391
Skill Level: Remember the Facts
Difficulty Level: Easy
7. __________ law governs relations between individuals and defines their legal
rights.
a. Criminal
b. Judicial
c. Civil
d. Tort
Topic: Understanding the Federal Judiciary
Learning Objective: LO 13.1: Determine characteristics of the federal judiciary
and implications of the adversarial process.
Page Reference: 389
Skill Level: Remember the Facts
Difficulty Level: Easy
8. The vast majority of in forma pauperis petitions seeking the Supreme Court’s
review come from __________.
a. law clerks
b. plaintiffs
c. prisoners
d. interest groups
433
Topic: How the Supreme Court Decides
Learning Objective: LO 13.4: Trace the process by which Supreme Court
decisions are reached, and assess influences on this process.
Page Reference: 400
Skill Level: Remember the Facts
Difficulty Level: Easy
9. Which of the following is a main task of Supreme Court law clerks?
a. granting or denying appeals
b. screening writs of certiorari
c. hearing oral arguments
d. summarizing legal arguments in written briefs
Topic: How the Supreme Court Decides
Learning Objective: LO 13.4: Trace the process by which Supreme Court
decisions are reached, and assess influences on this process.
Page Reference: 406
Skill Level: Understand the Concepts
Difficulty Level: Moderate
10. 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
Topic: Understanding the Federal Judiciary
Learning Objective: LO 13.1: Determine characteristics of the federal judiciary
and implications of the adversarial process.
Page Reference: 390
Skill Level: Remember the Facts
Difficulty Level: Easy
11. How many tiers/levels does the federal judiciary have?
a. two
b. six
c. four
d. three
434
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
Page Reference: 391
Skill Level: Remember the Facts
Difficulty Level: Easy
12. Enforcement of the federal judiciary’s decisions depends on____________.
a. the public’s willingness to accept its decisions
b. the complexity of judicial decisions
c. the ideology, race, and gender of judges
d. the use of precedent in judicial decisions
Topic: Understanding the Federal Judiciary
Learning Objective: LO 13.1: Determine characteristics of the federal judiciary
and implications of the adversarial process.
Page Reference: 388
Skill Level: Analyze It
Difficulty Level: Difficult
13. In a criminal case, a defendant might agree to a __________ to avoid facing trial
for a more serious offense and a lengthier sentence.
a. trial
b. punishment
c. judicial
d. plea bargain
Topic: Understanding the Federal Judiciary
Learning Objective: LO 13.1: Determine characteristics of the federal judiciary
and implications of the adversarial process.
Page Reference: 389
Skill Level: Remember the Facts
Difficulty Level: Easy
14. The __________ system is based on the theory that arguing over law and
evidence guarantees fairness.
a. appeals
b. adversary
435
c. amicus curiae
d. certiorari
Topic: Understanding the Federal Judiciary
Learning Objective: LO 13.1: Determine characteristics of the federal judiciary
and implications of the adversarial process.
Page Reference: 389
Skill Level: Remember the Facts
Difficulty Level: Easy
15. The federal judiciary is a passive and reactive branch, meaning that __________.
a. it is reluctant to reverse prior court decisions
b. it cannot instigate cases or conduct its own investigations
c. it is reluctant to exercise the power of judicial review
d. it only acts after the president and Congress have made their intentions clear
Topic: Understanding the Federal Judiciary
Learning Objective: LO 13.1: Determine characteristics of the federal judiciary
and implications of the adversarial process.
Page Reference: 389
Skill Level: Understand the Concepts
Difficulty Level: Moderate
16. Who nominates U.S. federal judges?
a. the president
b. the solicitor general
c. the chief justice of the Supreme Court
d. the Senate majority leader
Topic: The Politics of Appointing Federal Judges
Learning Objective: LO 13.3: Analyze factors that play an important role in
selecting judicial nominees.
Page Reference: 394
Skill Level: Remember the Facts
Difficulty Level: Easy
17. What is the most common prior job experience for a Supreme Court justice?
436
a. governor
b. attorney general
c. practicing lawyer
d. federal judge
Topic: The Politics of Appointing Federal Judges
Learning Objective: LO 13.3: Analyze factors that play an important role in
selecting judicial nominees.
Page Reference: 395
Skill Level: Remember the Facts
Difficulty Level: Easy
18. Circuit court decisions are usually made by __________.
a. panels of three judges
b. panels of five judges
c. juries
d. individual judges
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
Page Reference: 392
Skill Level: Remember the Facts
Difficulty Level: Easy
19. After the Supreme Court hears oral arguments in a case, what is the next step?
a. granting the appeal
b. writing the opinion
c. meeting in conference
d. briefing the case
Topic: How the Supreme Court Decides
Learning Objective: LO 13.4: Trace the process by which Supreme Court
decisions are reached, and assess influences on this process.
Page Reference: 403
Skill Level: Understand the Concepts
Difficulty Level: Moderate
20. Who brings the case before the court in civil cases?
437
a. the prosecutor
b. the district attorney
c. the plaintiff
d. the appellee
Topic: Understanding the Federal Judiciary
Learning Objective: LO 13.1: Determine characteristics of the federal judiciary
and implications of the adversarial process.
Page Reference: 390
Skill Level: Remember the Facts
Difficulty Level: Easy
21. Federal judges are appointed to __________ terms.
a. 2-year
b. life
c. 10-year
d. 20-year
Topic: Understanding the Federal Judiciary
Learning Objective: LO 13.1: Determine characteristics of the federal judiciary
and implications of the adversarial process.
Page Reference: 388
Skill Level: Remember the Facts
Difficulty Level: Easy
22. How does the United States judicial system differ from those of most other
countries?
a. The United States has both federal and state courts, whereas most countries
have a single national judiciary.
b. The United States has both federal and state courts, whereas most countries
have decentralized judicial systems.
c. Unlike most other countries, the United States offers justices life tenure.
d. Unlike most other countries, the United States grants the judicial branch the
power of judicial review.
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
438
Page Reference: 393
Skill Level: Understand the Concepts
Difficulty Level: Moderate
23. A(n) __________ brief is submitted by someone who is not a party to the case.
a. amicus curiae
b. appellate
c. habeas corpus
d. coram nobis
Topic: How the Supreme Court Decides
Learning Objective: LO 13.4: Trace the process by which Supreme Court
decisions are reached, and assess influences on this process.
Page Reference: 402
Skill Level: Understand the Concepts
Difficulty Level: Moderate
24. Only a(n) __________ court can review the decisions of a lower court.
a. trial
b. administrative
c. constitutional
d. appellate
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
Page Reference: 391
Skill Level: Understand the Concepts
Difficulty Level: Moderate
25. 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. 9
b. 12
c. 13
d. 11
439
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
Page Reference: 392
Skill Level: Remember the Facts
Difficulty Level: Easy
26. 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. Plessy v. Ferguson
Topic: The Politics of Appointing Federal Judges
Learning Objective: LO 13.3: Analyze factors that play an important role in
selecting judicial nominees.
Page Reference: 399
Skill Level: Understand the Concepts
Difficulty Level: Moderate
27. You are an attorney advising a client on a case that she has appealed to the
Supreme Court. What should you tell your client to expect with respect to the
appeals process?
a. Be prepared for your appeal to be denied.
b. Be prepared for the Court to issue a mixed opinion, agreeing with some but not
all of your claims.
c. Be prepared to take this appeal to a higher level if it denied by the Court.
d. Be prepared to wait at least a year before the Court issues a ruling.
Topic: How the Supreme Court Decides
Learning Objective: LO 13.4: Trace the process by which Supreme Court
decisions are reached, and assess influences on this process.
Page Reference: 400
Skill Level: Apply What You Know
Difficulty Level: Difficult
28. Who attempted to expand the number of Supreme Court justices in 1937?