c. Chief Justice Marshall
d. President Roosevelt
Answer: d
Test Bank Item Title: TB_Q13.5.28
Topic: Judicial Power and Its Limits
Learning Objective: LO 13.5: Assess the limits on judicial action and the role of
the judiciary in a constitutional democracy.
Page Reference: 409
Skill Level: Remember the Facts
Difficulty Level: Easy
29. Proponents of which of the following believe that judges should use their power
to strike down laws that violate broad norms and values?
a. judicial constructionism
b. judicial activism
c. judicial originalism
d. judicial implementation
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
30. 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. certiorari
c. in forma pauperis
d. habeas corpus
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
Page Reference: 393
Skill Level: Remember the Facts
Difficulty Level: Easy
441
31. You are an attorney representing a defendant in a criminal case at the state level.
Your client was convicted and would like to appeal. One what basis could your
client appeal her case to a federal court?
a. on the basis that the case concerned a federal issue
b. on the basis that her constitutional rights had been violated during the
investigation
c. on the basis that she believes she was wrongly convicted
d. on the basis that the state law in question was poorly designed
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
Page Reference: 393
Skill Level: Apply What You Know
Difficulty Level: Difficult
32. Which of the following was an important precedent set by George Washington in
his judicial appointments?
a. He sought the advice of senators in appointing justices.
b. He appointed individuals with no affiliation with a political party.
c. He appointed individuals with prior experience as attorneys.
d. He appointed political and ideological allies to the federal courts.
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: Analyze It
Difficulty Level: Difficult
33. The Supreme Court explains the legal reasoning behind its decisions through
__________.
a. amicus curiae briefs
b. writs of certiorari
c. written opinions
d. press conferences
Topic: How the Supreme Court Decides
442
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: Understand the Concepts
Difficulty Level: Moderate
34. 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
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: 407
Skill Level: Understand the Concepts
Difficulty Level: Moderate
35. In 1869, Republicans altered the Court’s appellate jurisdiction to prevent Supreme
Court review of the constitutionality of legislation related to __________.
a. prohibition
b. voter’s rights
c. Reconstruction
d. income taxes
Topic: Judicial Power and Its Limits
Learning Objective: LO 13.5: Assess the limits on judicial action and the role of
the judiciary in a constitutional democracy.
Page Reference: 409
Skill Level: Understand the Concepts
Difficulty Level: Moderate
36. How do President Obama’s judicial nominees compare to those of past
presidents?
a. Obama’s nominees are more likely to have advanced law degrees.
b. Obama’s nominees are more likely to be male.
443
c. Obama’s nominees tend to be slightly younger.
d. Obama’s nominees tend to be slightly older.
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: 397
Skill Level: Analyze It
Difficulty Level: Difficult
37. What are the two types of jurisdiction courts can have?
a. original and appellate
b. constitutional and statutory
c. active and restrained
d. legislative and constitutional
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: Easy
38. 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
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
39. Before being considered by the Senate Judiciary Committee, nominees for
__________ must survive a preliminary vote by the nominee’s two home-state
senators.
444
a. the Supreme Court
b. circuit court
c. district court
d. state Supreme Court
Topic: The Politics of Appointing Federal Judges
Learning Objective: LO 13.3: Analyze the factors that play an important role in
selecting judicial nominees.
Page Reference: 395
Skill Level: Remember the Facts
Difficulty Level: Easy
40. Just because judges make independent decisions does not mean they are free to do
whatever they wish. Which of the following concepts constrains judicial decision-
making?
a. judicial review
b. supremacy
c. originalism
d. precedent
Topic: The Three Types of Federal Courts
Learning Objective: LO 13.2: Outline the structure of the federal court system.
Page Reference: 391 – 392
Skill Level: Understand the Concepts
Difficulty Level: Moderate
41. The Constitution gives __________ the power to create lower federal courts.
a. Congress
b. the president
c. the Supreme Court
d. states
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
445
42. What is one of the main purposes of the Space of Her Own program?
a. to boost the number of women in the federal judiciary
b. to boost the number of women entering law school
c. to reduce young girls’ risk of involvement in criminal activity
d. to provide female defendants with legal counsel
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: Understand the Concepts
Difficulty Level: Moderate
43. What was the main consequence of the Supreme Court’s decision in United States
v. Windsor in 2013?
a. If a same-sex couple is legally married by their state, they must be treated as
married by the federal government.
b. If a same-sex couple is legally married in one state, their marriage must be
recognized by all states.
c. If a same-sex couple is legally married by their state, the federal government is
not required to recognize the marriage.
d. If a same-sex couple is legally married by a federal judge, their home state is
not required to recognize the marriage.
Topic: Introduction
Learning Objective: Introduction
Page Reference: 386, 388
Skill Level: Analyze It
Difficulty Level: Difficult
44. If you sue your neighbor over damage to your property, how are you referred to in
the legal documents?
a. defendant
b. plaintiff
c. adversary
d. initiator
Topic: Understanding the Federal Judiciary
446
Learning Objective: LO 13.1: Determine characteristics of the federal judiciary
and implications of the adversarial process.
Page Reference: 390
Skill Level: Apply What You Know
Difficulty Level: Difficult
45. As illustrated in the Roberts’ Court decision in Citizens United v. Federal
Election Commission, when a court strikes down legislation, __________.
a. it is usually supported in its decision to check the other branches
b. it risks drawing criticism and questions about its authority
c. it risks its decision being completely ignored by the other branches
d. it usually waits until it has complete unanimity in the decision
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: Analyze It
Difficulty Level: Difficult
46. You are a judicial nominee who is being questioned by the Senate Judiciary
Committee. A senator asks you to state your position on abortion. To have the
greatest chance of being confirmed, how should you respond?
a. by candidly explaining your personal views about abortion
b. by discussing whether you agree or disagree with the Court’s legal reasoning in
abortion cases such as Roe v. Wade
c. by offering an opinion on abortion that you believe most members of the
committee would endorse
d. by refusing to answer the question
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: 398
Skill Level: Apply What You Know
Difficulty Level: Difficult
47. Which of the following is true of the philosophy of judicial restraint?
a. It is the favored approach of legal scholars.
447
b. It is the favored approach of conservatives.
c. It is the favored approach of liberals.
d. It has been advocated by both liberals and conservatives.
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: Analyze It
Difficulty Level: Difficult
48. What impact does stare decisis have on the judicial system?
a. It promotes adherence to the Constitution.
b. It promotes responsiveness of judicial decisions to changing social conditions.
c. It promotes open discussion of competing legal arguments.
d. It promotes uniformity and stability.
Topic: Judicial Power and its Limits
Learning Objective: LO 13.5: Assess the limits on judicial action and the role of
the judiciary in a constitutional democracy.
Page Reference: 408
Skill Level: Analyze It
Difficulty Level: Difficult
49. 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
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
50. Why might it be important to diversify the federal judiciary?
448
a. A more diverse judiciary could boost the courts’ legitimacy.
b. A more diverse judiciary will lead to more balanced decisions.
c. A more diverse judiciary could boost the courts’ transparency.
d. A more diverse judiciary could rein in judicial activism.
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: 397
Skill Level: Analyze It
Difficulty Level: Difficult
51. The federal judiciary is reluctant to hear what type of cases?
a. cases involving conflict between federal and state laws
b. cases involving foreign policy questions
c. cases involving drug crimes
d. cases involving the death penalty
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: Understand the Concepts
Difficulty Level: Moderate
52. Which of the following can modify a decision of the Supreme Court?
a. executive order
b. federal statute
c. constitutional amendment
d. writ of 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: Understand the Concepts
Difficulty Level: Moderate
449
53. 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
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: 396
Skill Level: Understand the Concepts
Difficulty Level: Moderate
54. 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 conservatism
b. judicial originalism
c. judicial restraint
d. judicial construction
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: 400
Skill Level: Understand the Concepts
Difficulty Level: Moderate
55. 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
Topic: How the Supreme Court Decides
450