1. The framework for the federal judiciary is:
a. based on common law.
b. found in the Declaration of Independence.
c. outlined in The Federalist Papers, issue V
d. found in Article 3 of the U.S. Constitution.
2. The first Supreme Court was established by the:
a. Bill of Rights b. Federalist Papers
c. Federal Judiciary Act of 1789 d. First Amendment
3. The U.S. Supreme Court has original jurisdiction:
a. in cases dealing with foreign dignitaries and in legal disputes between states.
b. in cases brought before it on appeal.
c. when citizens claim violations of their rights under the Constitution.
d. in cases dealing with treaties and those involving federal officials.
4. Judicial review refers to:
a. a quarterly review of the Supreme Court by Congress.
b. the rating system that allows American citizens to express their level of satisfaction regarding Supreme
Court rulings.
c. the methodology used by a president in selecting a justice for appointment to the Supreme Court.
d. the power of the Supreme Court to analyze the constitutionality of decisions of other government entities
and lower courts.
5. The case of Marbury v. Madison established:
a. lifetime appointment for justices.
b. that the Supreme Court has the authority to review acts of Congress.
c. that police must notify suspects of their rights prior to questioning.
d. that the Supreme Court must function only as an appellate court.
6. The laws that emanate from the Supreme Court:
a. are the law of the land.
b. may be appealed to another court having similar jurisdiction.
c. constitute statutory law.
d. may hold only until the end of the
presiding
chief justice’s term.
7. When the Court grants certiorari, it will:
a. officially end that term.
b. hear and decide that case.
c. consider hearing that case.
d. allow the ruling of the lower court to stand.
8. Of the cases put before the Court, it accepts for review about:
a. 1% b. 10%
c. 50% d. 85%
9. The reason a Supreme Court appointment is lifetime is:
a. so a justice may not be unduly influenced.
b. because it is very time consuming to select and train a justice.
c. because it would be age discrimination to require them to retire.
d. to continue the political legacy of the appointing President.
10. How many justices sit on the Supreme Court?
a. five b. seven
c. eight d. nine
11. In Ex parte McCardle (1868), Congress reserved the right to:
a. overrule Supreme Court decisions with a two-thirds vote of the Senate.
b. limit the jurisdiction of federal courts, including the Supreme Court.
c. limit the jurisdiction of federal courts, but not the Supreme Court.
d. override the Constitution by promulgating unconstitutional law.
12. Supreme Court decisions that are pro–person accused or convicted of a crime, pro–civil liberties or civil rights
claimants, pro-indigents, pro-Native Americans and anti– government are considered to be:
a. Liberal decisions b. Conservative decisions
c. Libertarian decisions d. Independent decisions
13. The ability of a president to select a Supreme Court justice is a powerful political opportunity because:
a. the justice selected will treat that president with favoritism, should they ever be involved in a legal dispute.
b. the justice selected must rule the way the president wishes.
c. it might be possible to select a candidate with similar political views.
d. most judicial candidates are powerful people themselves.
14. Strict construction refers to:
a. a justice expressing hostility or anger in an opinion.
b. a rigid reading and interpretation of a law.
c. the manner in which our legal system was designed and developed.
d. a lenient means of interpreting the law.
15. The current Chief Justice is:
a. Sandra Day O’Connor. b. William Rehnquist
c. Clarence Thomas d. John G. Roberts, Jr.
16. The only other court or legislative body that can overrule a Supreme Court decision is:
a. another federal court having original jurisdiction.
b. the lower court to which the case was remanded.
c. Congress, with a three-fourths vote in the House and a two-thirds vote in the Senate.
d. no other body may overrule the U.S. Supreme Court.
17. Which of the following is not within the power of the Supreme Court?
a. It can override the will of the majority expressed in an act of Congress.
b. It can require redistribution of political power in every state.
c. It can issue proactive opinions to address and avoid future controversies.
d. It has original jurisdiction in all cases involving ambassadors, other public ministers and consuls.
18. Martin v. Hunter’s Lessee held that the Supreme Court could:
a. reverse state court decisions that involved federal legal issues.
b. declare acts of Congress unconstitutional.
c. be the final arbiter in disputes between states.
d. have original jurisdiction in cases involving Constitutional issues.
19. It is the
Supreme
Court’s
responsibility
to monitor
government infringement
on civil rights
according
to the
doctrine of:
a. strict construction b. judicial restraint
c. judicial review d. natural law
20. The minimum number of justices required to vote in favor or granting certiorari to review a case is:
a. 2 b. 4
c. 3 d. 1
21. The percentage of cases submitted to the Supreme Court which are summarily denied, having no justices
expressing an interest in them is approximately:
a. 30% b. 50%
c. 70% d. 90%
22. Federal judges (including Supreme Court justices) can be removed from their office “on impeachment for and
conviction
of” all of the following, except:
a. high crimes and misdemeanors b. treason
c. dereliction of duty d. bribery
23. The Court has jurisdiction over two general types of cases, cases that reach it on appeal and cases over which the
Court has:
a. original jurisdiction. b. appellate jurisdiction.
c. the power of judicial review d. subject–matter jurisdiction
24. The case which authorized the Court to maintain a position of the ultimate de facto lawmaker by deciding what
legislation is and is not constitutional is:
a. Martin vs. Hunter’s Lessees b. Ex parte McCardle
c. Plessy v. Ferguson d. Marbury v. Madison
25. The number of women who have served on the Supreme Court through 2010 is:
a. zero b. one
c. three d. four
26. The current Supreme Court:
a. overwhelmingly supports judicial review.
b. is impartial on the issue of judicial review.
c. supports the expansion of rights for offenders within the criminal justice system.
d. is perceived to be a “law and order” court that supports expanded
discretionary
authority for criminal
justice professionals.
27. When the Supreme Court denies certiorari, it means the Court:
a. is upholding the lower court ruling. b. believes the case lacks merit.
c. finds the issue moot. d. takes no official position on the case.
28. Since the origin of the Supreme Court, justices have served.
a. nearly 40 b. between 60 and 65
c. more than 100 d. nearly 210
29. Of the following statements about dissenting opinions, all are accurate except:
a. They carry no legal authority.
b. They date to the King’s Bench of Great Britain in 1792.
c. They are often used in hope of influencing future decisions.
d. They carry the same legal authority as the majority opinion.
30. The Supreme Court established its authority as the final interpreter of the Constitution in the case of:
a. Martin vs. Hunter’s Lessees b. Ex parte McCardle
c. Plessy v. Ferguson d. Marbury v. Madison
31. Decisions made by the Supreme Court affect the everyday lives of Americans.
a. True
b. False
32. In determining which cases to hear, the justices are often looking for cases involving matters that directly influence
the law and the nation.
a. True
b. False
33. The Supreme Court, powerful as it is, cannot override the will of the majority expressed in acts of Congress.
a. True
b. False
34. Due to its strict conformance to stare decisis, the Supreme Court cannot overrule itself.
a. True
b. False
35. The framers of the Constitution were very specific as to how the Supreme Court was to be organized.
a. True
b. False
36. The Supreme Court has tremendous power through the process of judicial review.
a. True
b. False
37. A petition is a written statement from the Court.
a. True
b. False
38. The Supreme Court has original jurisdiction in any criminal case where controversies over the death penalty are
involved.
a. True
b. False
39. In the case of Martin v. Hunter’s Lessee, the final
determination
was that the Supreme Court had the authority to
review cases involving federal law, even though the case is pending in a state court.
a. True
b. False
40. In Ex parte McCardle (1868), Congress reserved the right to limit the jurisdiction of federal courts, including the
Supreme Court.
a. True
b. False
41. is a Latin term that means “to be informed.”
42.
Decisions
that favor the
government’s
interest in
prosecuting
and
punishing
offenders over recognition or
expansion of individual rights tend to be classified as decisions.
43. The current Supreme Court is considered by many to be .
44. An opinion that agrees with the majority is called a opinion.
45. After the President nominates a judge for appointment to the Supreme Court, the must
confirm the nomination.
46. The Supreme Court has effectively created most of its own power and authority through the process of
.
47. All questions are allowed, and politics become readily apparent, during a Supreme Court nominee’s
process.
48. During , the justices consider administrative matters and write opinions, but do not hear cases.
49. The justices not only render decisions, they also the Constitution.
50. It can be interpreted from The Federalist Papers that the Supreme Court was assigned the awesome task of
practically overseeing the .
51. Describe the ideological makeup of the current Supreme Court. In your opinion, do labels such as “liberal” or
“conservative”
provide an accurate portrayal of the current Court? Explain.
52. Describe the authority the Supreme Court has and how it has come by this authority.
53. Explain the process used in deciding which cases will be heard by the Supreme Court.
54. Explain the types of opinions that may be written by Supreme Court justices, who may write them, and the
purpose of each.
55. Describe the influence of the Supreme Court on the justice system.
56. The judicial power of the Supreme Court can be found in of the Constitution.
57. The Supreme Court has jurisdiction over cases that reach it on appeal and cases over which it has
jurisdiction.
58. The Supreme Court has jurisdiction in cases dealing with foreign dignitaries or cases involving legal disputes between
______.
59. The power of the Supreme Court to analyze decisions of other government entities and lower courts is known
as_______________.
60. In 1803, the United States Supreme Court established its power of judicial review in the case of .
61. The United States Supreme Court is the law of the land, no judicial or political body can overrule its decisions,
and even the Supreme Court cannot overrule itself.
a. True
b. False
62. Congress reserves the right to limit jurisdiction of federal courts, including the United States Supreme Court.
a. True
b. False
63. United States v. Klein overruled Ex Parte McCardle by holding that Congress did not have the right to limit the
jurisdiction of federal courts.
a. True
b. False
64. Martin v. Hunter‘s Lessee held that the Supreme Court can review and reverse state court decisions and can
review pending state cases.
a. True
b. False
65. The vast majority of cases before the Supreme Court come from mandatory review of all appealed state supreme
court cases.
a. True
b. False
66. The caseload of the Supreme Court has increased rapidly in recent years with the current workload exceeding
cases per term.
a. 10,000
b. 1000
c. 500
d. 350
67. The Supreme Court consists of one Chief Justice and Associate Justices.
a. 5
b. 6
c. 8
d. 9
68. A Supreme Court appointment is a lifetime appointment, but can be terminated by
a. impeachment.
b. resignation.
c. death.
d. B and C
e. all of the above
ANSWER: a
Supreme Court, which the must confirm.
a. the Senate
b. the House of Representatives
c. the American Bar Association
d. all of the above
70. If the Supreme Court declines to hear a case, it is the state’s ruling.
a. questioning
b. upholding
c. affirming
d. relinquishing
71. Opponents of judicial review contend that judges have too much power, while supporters believe there must be some
watchdog to maintain the constitutionality of law. Which position do you most agree with? Justify your answer and
give examples of recent cases or controversies that support your view.
72. The Supreme Court has molded law enforcement from a job with complete discretion to one that is highly
standardized with virtually every action officers take today subject to specific Supreme Court decisions. Is this a
good thing for law enforcement? Why or why not?
73. Some commentators feel that the appointment of Supreme Court justices by the chief executive (the President of the
United States) ensures that the Supreme Court will always be a political body, voting politically on cases that come
before it. Do you agree? Why or why not?
74. Some advocate that judges, even those on the United States Supreme Court, should be strict constructionist’s
meaning a rigid reading and interpretation of the law. Take an opposing view and justify your answer.
75. Supreme Court justices tend to evolve in their thinking once they are elevated to the Court. Therefore, the new
Supreme Court justice may take opinions different from what might be expected by the President who nominated
him or her or the Senate, which confirmed him or her. Is this a problem for the judicial system? Why or why not?