Name:
Class:
Date:
1. Alexis de Tocqueville, an observer of nineteenth-century American society, indicated that Americans rely on courts
a.
to resolve political questions.
b.
very rarely when compared to Europe.
c.
only if there is no other alternative.
d.
to resolve economic questions, but not political ones.
e.
to provide a form of entertainment.
403
AGPT.BARD.16.14.1 – LO1
2. In the United States
a.
the judiciary is not part of the political arena.
b.
judges interpret the law becoming actors in the political arena.
c.
judges work outside of the political system to resolve disputes.
d.
judges are not policymakers when they interpret the law.
e.
Options A and C are true.
b
403
AGPT.BARD.16.14.1 – LO1
3. Most American law is based on
a.
French philosophy regarding the rights of man.
b.
the Bible.
c.
the English common law tradition.
d.
Roman law.
e.
the writings of Thomas Jefferson.
403
AGPT.BARD.16.14.1 – LO1
4. A previous court decision that influences and is the basis for deciding later, similar cases is called
a.
a precedent.
b.
criminal law.
c.
a judicial maxim.
d.
common law.
e.
statutory law.
403
AGPT.BARD.16.14.1 – LO1
Name:
Class:
Date:
5. The doctrine of stare decisis
a.
means to reverse the decision of a lower court.
b.
says that the court does not have jurisdiction in a case.
c.
allows the court to refer a case to the next highest court.
d.
is the policy of following precedent established by past decisions to decide cases.
e.
means strict interpretation.
d
403
AGPT.BARD.16.14.1 – LO1
6. Most court cases are decided on precedent because
a.
it is important to set a uniform common set of rules for the country.
b.
judges would rather play it safe and reuse old decisions.
c.
it is easier for recording-keeping purposes.
d.
the established body of judge-made law covers all cases that might come up.
e.
Options B and C are true.
403-404
AGPT.BARD.16.14.1 – LO1
7. Sources of American law include all of the following except
a.
the U.S. Constitution and state constitutions.
b.
case law.
c.
statutes passed by legislatures.
d.
administrative regulations.
e.
the charter of the United Nations.
403-404
AGPT.BARD.16.14.1 – LO1
8. The U.S. Constitution
a.
is the supreme law of the land.
b.
is subordinate to state constitutions in many matters.
c.
does not specify the details of state and federal powers, instead leaving that up to Congress.
d.
outlines the details of various state criminal codes.
e.
outlines the details of court case law.
404
AGPT.BARD.16.14.1 – LO1
9. With regard to constitutions
a.
the U.S. Constitution is the supreme law of the land.
b.
state constitutions are supreme within state borders, unless they conflict with the U.S. Constitution.
c.
the state constitution of one state may affect law in another state.
d.
Both A and B.
e.
Both A and C.
d
404
AGPT.BARD.16.14.1 – LO1
10. Judicial interpretations of common law principles and doctrines, constitutional law, statutory law, and administrative
law is
a.
called case law.
b.
called judicial review.
c.
a power of federal but not state courts.
d.
a power of state but not federal courts.
e.
not permitted of any court in the United States.
404
AGPT.BARD.16.14.1 – LO1
11. The United States has a dual court system, meaning there are
a.
civil and criminal courts.
b.
misdemeanor and felony courts.
c.
state and federal courts.
d.
state and local courts.
e.
district and territorial courts.
405
AGPT.BARD.16.14.2 – LO2
12. Which of the following are important requirements that must be met before a case can be brought to court?
a.
issues must be political questions
b.
jurisdiction and standing to sue
c.
precedents and stare decisis
d.
judicial maxims
e.
requirements for legislation
b
13. Jurisdiction refers to
a.
rules and principles announced in court decisions.
b.
the authority of a court to hear and decide a particular class of cases.
c.
the constitutionality of a law.
d.
statutory law.
e.
common law.
b
406
AGPT.BARD.16.14.2 – LO2
Conceptual
14. A question that has to do with the U.S. Constitution, acts of Congress, or treaties is known as a __________ question.
a.
justiciable
b.
political
c.
federal
d.
national
e.
legal
c
406
AGPT.BARD.16.14.2 – LO2
Factual
15. Standing to sue is
a.
determined by whether or not a court has jurisdiction over the matter.
b.
determined by whether or not the Supreme Court will hear a case.
c.
determined by whether or not a person or group has suffered harm as a result of the action that led to the
dispute in question.
d.
the decorum that is expected in dealing with the Supreme Court during trial.
e.
also known as stare decisis.
c
406
AGPT.BARD.16.14.2 – LO2
Conceptual
16. A class-action suit is one in which
a.
every person with standing to sue does so simultaneously.
b.
a suit is brought by one or more people which seeks damages for all who are similarly affected.
c.
standing to sue is based on socio-economic class.
d.
Both A and C.
405
AGPT.BARD.16.14.2 – LO2
Conceptual
Name:
Class:
Date:
e.
None of the above.
b
406
AGPT.BARD.16.14.2 – LO2
17. Almost all cases involving civil liberties or racial or gender discrimination are brought to trial by
a.
a single individual plaintiff.
b.
interest groups.
c.
the federal government.
d.
state governments.
e.
None of the above.
b
406
AGPT.BARD.16.14.2 – LO2
18. The term amicus curiae (friend of the court) brief refers to
a.
arguments by those interested in the outcome of a case but who are not parties to the case.
b.
a request that the Supreme Court order a lower court to send up the records of a case.
c.
a Supreme Court order barring further testimony during oral arguments.
d.
the belief that the Supreme Court should actively practice judicial review.
e.
None of the above is true.
406
AGPT.BARD.16.14.2 – LO2
19. U.S. district courts
a.
are courts of intermediate appellate courts.
b.
have final appellate jurisdiction to review cases.
c.
are the state courts.
d.
are the trial courts of the federal system.
e.
are courts of limited jurisdiction.
d
407
AGPT.BARD.16.14.2 – LO2
20. In the appeals court
a.
witnesses and testimony are presented to the jury.
b.
grand juries decide if there is enough evidence to have a trial.
c.
attorneys from both sides try to work out an agreement.
Name:
Class:
Date:
d.
judges review lower court case records to determine if there is evidence of an error.
e.
All of the above are true.
d
408
AGPT.BARD.16.14.2 – LO2
21. The U.S. Supreme Court can review a state supreme court decision
a.
if there are damages in excess of $50,000.
b.
only if a federal question is involved.
c.
if the solicitor general asks them to do so.
d.
in all cases.
e.
in cases in which the state is a party.
b
409
AGPT.BARD.16.14.2 – LO2
22. The Supreme Court can serve as a trial court of original jurisdiction in cases
a.
in which a state is a party.
b.
affecting foreign diplomats.
c.
involving a civil liberties complaint.
d.
Both A and B.
e.
Both A and C.
d
409
AGPT.BARD.16.14.2 – LO2
23. The number of justices on the Supreme Court
a.
is set by the Constitution.
b.
is set by the president.
c.
used to be six, but is currently nine.
d.
used to be fifteen, but is currently nine.
e.
Both A and C.
409
AGPT.BARD.16.14.2 – LO2
24. The FISA court can
a.
issue warrants without revealing the information used to justify the warrant.
b.
deprive American citizens of their citizenship.
Name:
Class:
Date:
c.
rule laws enacted by Congress to be unconstitutional.
d.
strike certain provisions from the Constitution.
e.
direct the president to take certain actions in order to protect national security.
409
AGPT.BARD.16.14.2 – LO2
25. The Anti-Terrorism and Effective Death Penalty Act that created an alien removal court was passed
a.
in 1996 as a response to the bombing of a federal building in Oklahoma City.
b.
in 2001 as a response to the 911 attacks in New York, Washington, DC, and Pennsylvania.
c.
in 2010 as a solution to dealing with prisoners at the Guantanamo Bay detention center.
d.
in 2000 as a response to the attack of the naval ship, the USS Cole.
e.
in 1993 as a response to the first attack on the World Trade Center in New York.
410
AGPT.BARD.16.14.2 – LO2
26. The right to appeal one’s case to the U.S. Supreme Court
a.
only exists to criminal cases.
b.
only exists in federal cases.
c.
only exists in cases where someone has been sentenced to death.
d.
exists in all cases.
e.
is almost entirely at the court’s discretion.
412
AGPT.BARD.16.14.3 – LO3
27. The Supreme Court’s decision to take a case is based on the following factor:
a.
if there is disagreement between how different lower courts decided the legal question
b.
if a lower court’s ruling conflicts with a previous ruling by the Supreme Court
c.
if the Court determines the issue has significance beyond the parties in the dispute
d.
if the solicitor general, representing the president, requests that the Court hear the case
e.
All of the above are true.
412
AGPT.BARD.16.14.3 – LO3
28. The most common way for the Supreme Court to take care of cases appealed to it is to
a.
decide on the case but not give an opinion.
Name:
Class:
Date:
b.
refuse to hear a case.
c.
grant a mistrial.
d.
hear the case.
e.
return it to the state court.
b
412
AGPT.BARD.16.14.3 – LO3
29. A procedure used by the Supreme Court in determining which cases it will hear is
a.
the rule of four.
b.
the gang of four.
c.
the sign of four.
d.
the rule of six.
e.
the sign of five.
412
AGPT.BARD.16.14.3 – LO3
30. 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 Supreme Court.
c.
a lower court to send up the record of a case for review.
d.
Congress to rewrite unconstitutional legislation.
e.
a prisoner to be brought before the court and the reasons for the detention to be provided.
412
AGPT.BARD.16.14.3 – LO3
31. If a case is remanded, it
a.
is sent to the supreme court of the state in question.
b.
is sent back to the court that originally heard the case.
c.
can only be of a civil nature—criminal cases cannot be remanded.
d.
must be decided within the calendar year.
e.
is not subject to any further action by the courts.
b
413
AGPT.BARD.16.14.3 – LO3
32. If a case is affirmed, it
Name:
Class:
Date:
a.
means all justices unanimously agree on an opinion.
b.
is sent back to the court that heard the case.
c.
means the decision is valid and must stand.
d.
will result in a new trial for the defendant.
e.
is accepted as a case that the Supreme Court will hear.
413
AGPT.BARD.16.14.3 – LO3
33. The last step in the decision-making process of the Supreme Court is
a.
announcing its decision to the public and the reasons for it.
b.
assigning a justice to write an opinion.
c.
deciding if the Court will hear the case.
d.
hearing oral arguments in the case.
e.
asking the lower court to send the records of the case for review.
413
AGPT.BARD.16.14.3 – LO3
34. An opinion prepared by a judge who supports the court’s decision but wishes to in some way clarify, emphasize, or
offer different reasons is
a.
a majority opinion.
b.
a dissenting opinion.
c.
a concurring opinion.
d.
a plurality opinion.
e.
a unanimous opinion.
413
AGPT.BARD.16.14.3 – LO3
35. A plurality opinion is one in which
a.
all of the justices agree with the decision and reasoning behind it.
b.
a justice agrees with the majority but wants to highlight or emphasize particular principles.
c.
the court reaches a decision with a combination of minority decisions.
d.
a justice writes an opinion disagreeing with the decision of the court.
e.
None of the above.
413
AGPT.BARD.16.14.3 – LO3
Name:
Class:
Date:
36. A dissenting opinion can be important because it
a.
represents the position of the chief justice of the Supreme Court.
b.
is the statement of the defendant’s attorney to the Court.
c.
must be carried out by local police in criminal law.
d.
often forms the basis of the arguments used later to reverse the previous decision and establish a new
precedent.
e.
means that the case cannot be used as a precedent.
d
413
AGPT.BARD.16.14.3 – LO3
Applied
37. The number of cases that the Supreme Court reviews each term has
a.
increased dramatically since the early 1950s.
b.
hovered around 150 cases since the mid-1980s.
c.
remained constant since the Civil War.
d.
dropped significantly since the 1980s.
e.
increased 50 percent after George W. Bush became president.
d
413
AGPT.BARD.16.14.3 – LO3
Factual
38. Judges and justices in the federal court system are
a.
appointed by the president with the advice and consent of the Senate.
b.
appointed by the president with the advice and consent of the House of Representatives.
c.
appointed by the president with the advice and consent of both houses of Congress.
d.
part of a seniority system that gradually moves them toward the Supreme Court.
e.
elected by the people every ten years.
a
414
AGPT.BARD.16.14.4 – LO4
Applied
39. Federal judges
a.
serve lifetime terms.
b.
are appointed by the president.
c.
may be impeached and removed from office.
d.
are approved by the Senate.
e.
All of the above are true.
e
414
40. In order to insulate the courts from ____________, the founders ensured that federal judges are _____________.
a.
popular passions; chosen in a secret process
b.
popular passions; appointed for life
c.
Congress; elected by the people
d.
the President; chosen by Congress
e.
corruption; accountable for their decisions through re-appointment
b
415
AGPT.BARD.16.14.4 – LO4
41. The concept of senatorial courtesy refers to the
a.
Senate approving judges only if they belong to the same party that is in control of the Senate.
b.
practice of allowing senators to have the exclusive right to nominate candidates for the federal district courts
in their state.
c.
practice of allowing members of the House to participate in the nomination process.
d.
practice of allowing senators to veto candidates for federal district courts in their state.
e.
Senate’s deferring to the president and routinely approving his or her nominees.
d
414
AGPT.BARD.16.14.4 – LO4
42. Appointments to the federal courts of appeal are
a.
far less numerous than federal district court appointments.
b.
usually selected because of their important position in state government.
c.
less important than federal district court appointments.
d.
often “stepping–stones” to the Supreme Court.
e.
Options A and D are true.
415
AGPT.BARD.16.14.4 – LO4
43. The chief justice of the Supreme Court has all of the following powers/responsibilities except
a.
chairing the Judicial Conference of the United States.
b.
serving as the executive of the judiciary bureaucracy.
c.
appointing the head of the Administrative Office of U.S. courts.
d.
enforcing the Court’s decisions through the Federal Judiciary Enforcement Bureau.
e.
All of the above are true.
AGPT.BARD.16.14.4 – LO4
Name:
Class:
Date:
a
416-417
AGPT.BARD.16.14.4 – LO4
Factual
44. All of the following are true about presidential appointments to the Supreme Court except
a.
presidents usually appoint people who belong to the president’s political party.
b.
presidents see their appointments as a way to institutionalize their political views long after they have left
office.
c.
Republican presidents have usually appointed liberal justices.
d.
President Bush appointed two justices to the Court.
e.
President Clinton appointed many judges to the district and appeals courts.
c
417
AGPT.BARD.16.14.4 – LO4
Applied
45. President Obama appointed
a.
Justices Sotomayor and Kagan, to replace Justices Souter and Stevens.
b.
the first Hispanic member of the Supreme Court.
c.
the first African American member of the Supreme Court.
d.
Both A and B.
e.
Both A and C.
d
417
AGPT.BARD.16.14.4 – LO4
Factual
46. President Obama has had
a.
ease in getting his judicial candidates approved by the Senate.
b.
difficulty in getting his judicial candidates approved by the Senate.
c.
ease in getting his judicial candidates approved by the House of Representatives.
d.
difficulty in getting his judicial candidates approved by the House of Representatives.
e.
difficulty finding qualified candidates for judicial appointments.
b
418
AGPT.BARD.16.14.4 – LO4
Factual
47. The power of the courts to determine the constitutionality of a law or action is called
a.
judicial review.
b.
appellate review of fact.
c.
precedent.
Name:
Class:
Date:
d.
the writ of judicial appeal.
e.
habeas corpus.
418-419
AGPT.BARD.16.14.5 – LO5
48. The power of judicial review
a.
is not specifically listed in the Constitution.
b.
is the judicial power to review the constitutionality of laws or actions by other branches of government.
c.
was claimed by the Supreme Court in Marbury v. Madison.
d.
All of the above.
e.
None of the above.
d
419
AGPT.BARD.16.14.5 – LO5
49. If a Federal Circuit Court declares a law unconstitutional, the ruling applies
a.
only to that specific case.
b.
only within that court’s jurisdiction.
c.
only at the federal level.
d.
only at the state level.
e.
to all applications of the law in the entire country.
b
419
AGPT.BARD.16.14.5 – LO5
50. A doctrine holding that the courts defer to the decisions of elected officials is called
a.
judicial activism.
b.
judicial restraint.
c.
strict construction.
d.
broad construction.
e.
conservative activism.
b
419
AGPT.BARD.16.14.5 – LO5
51. Judicial activism means
a.
the Supreme Court should accept as many cases for decision as it can.
b.
the Supreme Court should actively check the other branches of government when they exceed their authority.
Name:
Class:
Date:
c.
the Supreme Court should have the power of judicial review.
d.
the courts should defer to decisions made by the elected representatives of the people whenever possible.
e.
the members of the Supreme Court should deliver as many public speeches as possible, in an effort to engage
and inform the American people.
b
419
AGPT.BARD.16.14.5 – LO5
52. A court that overturns as unconstitutional a law that is clearly in violation of the Constitution
a.
may still be exercising judicial restraint.
b.
is exercising judicial activism.
c.
is exercising stare decisis.
d.
may have its decision overturned by a two-thirds majority in both houses of Congress.
e.
Both B and C.
419
AGPT.BARD.16.14.5 – LO5
53. The notion of a “living Constitution” is often associated with
a.
judicial restraint.
b.
judicial activism.
c.
broad construction.
d.
strict construction.
e.
Both A and D.
420
AGPT.BARD.16.14.5 – LO5
54. When William Rehnquist was appointed chief justice in 1986
a.
Supreme Court decisions had always been in line with conservative ideology.
b.
justices became even more fixed in their ideological orientations.
c.
the commerce clause was struck down by liberal justices.
d.
the Supreme Court began a shift toward greater conservatism.
e.
the Supreme Court lost its swing votes.
d
420-421
AGPT.BARD.16.14.5 – LO5
55. Indications are that the Roberts Court will
Name:
Class:
Date:
a.
continue the Burger Court’s shift to the left.
b.
moderate conservative ideology on the environment and capital punishment.
c.
sustain the Reagan Court’s moderation on defendants’ rights.
d.
flip-flop ideologically.
e.
continue the Rehnquist Court’s shift to the right.
421-422
AGPT.BARD.16.14.5 – LO5
56. The Supreme Court cases, Citizens United v. Federal Election Commission and McDonald v. Chicago, were victories
for the
a.
political left.
b.
political right.
c.
gun control advocates.
d.
government reform advocates.
e.
Options A and C are true.
b
421
AGPT.BARD.16.14.5 – LO5
57. The implementation of judicial decisions is dependent upon ___________ because ___________.
a.
the other branches of government; the courts have no enforcement powers
b.
the police; they are the enforcement arm of the judiciary
c.
Congress; presidents often resist court decisions
d.
presidents; all decisions affect the executive branch, via the bureaucracy
e.
None of the above.
423
AGPT.BARD.16.14.5 – LO5
58. If Congress disagrees with a decision of the Supreme Court concerning the interpretation of the U.S. Constitution, it
can do all of the following except
a.
not fund the decision.
b.
require that the president veto the decision.
c.
pass a new law that negates the Court’s ruling.
d.
propose an amendment to the Constitution that would negate the Court’s ruling.
e.
amend an existing law that negates the Court’s ruling.
423-424
AGPT.BARD.16.14.5 – LO5
59. Public opinion can serve as a check on the judiciary because
a.
people have the ability to vote federal judges out of office if they do not approve of the rulings of the courts.
b.
the public may pressure elected officials not to enforce an unpopular ruling.
c.
the Supreme Court typically polls the public as a basis for their decisions.
d.
the president will veto a Supreme Court decision if it is politically unpopular.
e.
Congress will override a decision of the Supreme Court with a majority vote in both houses.
b
424
AGPT.BARD.16.14.5 – LO5
Factual
60. The Ledbetter Fair Pay Act of 2009
a.
specifies penalties to employers for discrimination based on gender.
b.
resets the statute of limitations for filing an equal-pay lawsuit each time an employer issues a discriminatory
paycheck.
c.
reaffirms the decision in the Supreme Court case, Ledbetter v. Goodyear.
d.
defines fair pay standards for different job classifications.
e.
was passed in response to employers dismissing female employees when becoming pregnant.
b
424
AGPT.BARD.16.14.5 – LO5
Applied
61. Describe the sources of American law.
Students’ answers may vary.
AGPT.BARD.16.14.1 – LO1
62. Explain the principle of stare decisis and discuss how it relates to the wide variety of courts in the United States.
Students’ answers may vary.
AGPT.BARD.16.14.1 – LO1
63. Discuss the role of interest groups in the U.S. court system and describe how they can affect politics through the
courts.
Students’ answers may vary.
AGPT.BARD.16.14.2 – LO2
64. Detail the levels of the federal court system, being sure to note the types of cases they hear and the forms of
jurisdiction they possess.
Students’ answers may vary.
AGPT.BARD.16.14.2 – LO2
65. Explain the process by which the U.S. Supreme Court decides to hear cases.
Students’ answers may vary.
Factual
66. Explain how the U.S. Supreme Court decides cases and explains its decisions.
67. Should federal judges serve for lifetime or be term-limited? Thoroughly explain your answer.
68. Describe the process of appointing judges to the federal courts. Explain how the process is fraught with partisan
bickering.
69. Is it legitimate that the U.S. Supreme Court possesses the power of judicial review? Why, or why not?
70. Compare and contrast the theories of judicial activism and judicial restraint and theories of strict construction and
broad construction.