Ch.14 Judicial Test Bank

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The Judiciary Test Bank 1. Which of the following correctly states the relationship between the federal and state judiciaries? A. Federal courts are higher courts than state courts and may overturn state decisions on any grounds. B. The two are entirely autonomous, and neither ever hears cases that originate in the other. C. The two are generally autonomous, although federal courts may rule on the constitutionality of state court decisions. D. State courts are trial courts; federal courts are appeals courts. E. State courts try all cases except those that involve conflicts between two states which are tried in the federal courts. 2. Cases of Equity can be defined as cases that cannot be resolved by: A. natural law C. the Supreme Court B. common law D. lower federal courts E. the Congress 3. Which of the following is an example of the Supreme Court accepting a case based on original jurisdiction? A. an appeal by a state regarding the decision of a lower court to overturn the state’s restrictive abortion law. B. a habeas corpus petition from a convict who is on death row. C. a suit on the part of a citizen who believes his 1st Amendment rights are being violated. D. a dispute between environmentalists and land developers regarding the

Transcript of Ch.14 Judicial Test Bank

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The Judiciary Test Bank

1. Which of the following correctly states the relationship between the federal and state judiciaries?

A. Federal courts are higher courts than state courts and may overturn state decisions on any grounds. B. The two are entirely autonomous, and neither ever hears cases that originate in the other. C. The two are generally autonomous, although federal courts may rule on the constitutionality of state court decisions. D. State courts are trial courts; federal courts are appeals courts. E. State courts try all cases except those that involve conflicts between two states which are tried in the federal courts.

2. Cases of Equity can be defined as cases that cannot be resolved by: A. natural law C. the Supreme Court B. common law D. lower federal courts E. the Congress

3. Which of the following is an example of the Supreme Court accepting a case based on original jurisdiction?

A. an appeal by a state regarding the decision of a lower court to overturn the state’s restrictive abortion law. B. a habeas corpus petition from a convict who is on death row. C. a suit on the part of a citizen who believes his 1st Amendment rights are being violated. D. a dispute between environmentalists and land developers regarding the constitutionality of the Endangered Species Act. E. a dispute between New York and New Jersey over the plans of New York to build a hotel on Ellis Island.

4. Proponents of judicial restraint make which of the following arguments? A. It should be the role of Congress, not the Court, to make policy. B. The interest of government is not realized by a Court that won’t make crucial decisions. C. States should be able to develop their own laws without having to worry about federal court interpretation. D. The federal system will be strengthened by a court that rules state laws unconstitutional. E. The Court could initiate, not facilitate, judicial precedent.

5. The Supreme Court has the constitutional authority to check Congress by A. vetoing legislation signed by the president. B. settling disputes among states. C. applying original jurisdiction to cases brought before them on appeal. D. declaring parts of legislation unconstitutional. E. assigning the Chief Justice to preside over the impeachment trial of the

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Speaker of the House.

6. During what time period was the dominate issue in the Supreme Court the relationship between the government and the economy?

A. 1780- 1801 C. 1835- 1865 E. 1937- present B. 1801- 1835 D. 1865- 1937

7. Historically, the Supreme Court has been most powerful during times whenA. broad public consensus existed on the proper course of action. B. political parties were strong and cohesive. C. political parties were weak, deeply divided, and/or undergoing a realignment. D. the president and Congress were in general agreement with their policies. E. the members of the Supreme Court itself were in general agreement with one another on major issues.

8. A writ of certiorari from the Supreme Court indicates that the Court A. will review a lower court decision. B. has rendered a decision in a case. C. has decided not to hear an appeal. D. will recess until the end of the calendar year. E. plans to overturn one of its previous rulings.

9. Which of the following committees is responsible for reviewing Supreme Court nominees?

A. House Judiciary C. House Rules B. Senate Judiciary D. Senate Appropriations E. House Ways and Means

10. Supreme Court cases mainly derive from A. plea bargains that fail. B. Congressional legislation that is vetoes. C. state legislation that goes unchallenged. D. original jurisdiction cases. E. appellate jurisdiction cases.

11. Which of the following actions requires Senatorial courtesy? A. A bill introduced by a senator from one state must get agreement from the other senator in that state. B. Members of the same party agree on the order of legislation. C. Senators from the state in which a judicial appointment is being made by the president are informed of who the candidate is prior to the actual appointment. D. The majority leader of the Senate informed the minority leader who he is appointing as committee chairmen. E. The president informs the chairman of the Judiciary Committee of a Supreme Court nominee prior to the announcement.

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12. An example of a decision that would be classified as activist is A. San Antonio v. Rodriguez B. Dred Scott v. Sanford C. Plessy v. Ferguson D. Brown v. Topeka Board of Educ. E. New Jersey v. TlO

13. The vast majority of cases heard by federal courts begin in A. the state courts B. the court of appeals C. the legislative courts D. the Supreme Court E. the district courts

14. Which Chief Justice is best known as the head of a court pursuing judicial restraint?A. John Marshall C. Roger B. Taney

B. William Rehnquist D. Earl Warren E. Warren Burger

15. Acceptance of a writ of certiorari is based on all the following criteria exceptA. a recommendation by any of the Supreme Court justices. B. a court decision that conflicts with precedent. C. a court of appeals decision that conflicts with another court of appeals decision. D. inconsistencies between courts of different states. E. a split decision in the court of appeals.

16. Who has the power to increase the size of the Supreme Court? A. the voters B. by presidential appointment acting alone C. the Congress D. through constitutional amendment E. the Supreme Court

17. Judicial activists would probably support which of the following rulings made by the Supreme Court?

A. An abortion case that ruled there should be a 24-hour waiting period before a woman could get an abortion. B. A search and seizure case limiting the no-knock restrictions placed on the police. C. A death penalty habeas corpus appeal to the federal court which was turned down. D. a free speech case where a provision of a congressional act restricting access to obscene sites on the internet was declared unconstitutional. E. a free press case giving school officials greater latitude in censoring school newspapers.

19. Which represents a major reason for the submittal of an amicus curiae brief? A. The Court must rely on precedent cases.

B. A friend of the court wishes to provide additional information to the Court.

C. Lower courts must provide transcripts of its decisions. D. The Supreme Court requires related interests in the case to submit briefs.

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E. The brief from the petitioner provides amended information about the case.

20. Federal district courts do not try military cases, claims brought against the US government, or tax disputes between citizens and the government because A. they cannot be expected to rule impartially on cases involving the government.

B. original jurisdiction for such cases belongs to the Supreme Court. C. such cases are tried exclusively in state courts. D. Congress has created special legislative courts to deal specifically with such cases. E. federal law prohibits citizens from bringing such cases under any circumstances.

21. Which Chief Justice is best known as the head of an activist court? A. Salmon Chase C. Earl Warren E. William Rehnquist B. Roger B. Taney E. Warren Burger

23. The influence of the principle of precedent in Supreme Court policy making is most accurately described in which of the following?

A. Once precedent is set, it is almost never revoked. B. Today many previous court cases are overturned, making precedent almost meaningless. C. For many years, decisions of judges were almost totally unpredictable, but in this century, precedent is a major stabilizing force in court decisions. D. Precedence is an important basic guideline for Supreme Court decisions, but the Court is flexible enough to overturn previous decisions. E. Precedence is not as important as it once was because it violates the principle of equal justice.

24. A procedure that the Supreme Court can use to call a case from a lower court because the decision involves a “substantial federal question” is called

A. appellate jurisdiction B. discharge petition C. writ of certiorari D. judicial activism E. ‘discuss list’

25. Which of the following most accurately describes “bloc” voting among justices of the Supreme Court?

A. The liberals tend to vote together, as do the conservatives. B. Scholars have not been able to determine any consistent pattern of bloc voting among justices. C. Liberal justices and conservative justices tend to vote together on cases involving civil liberties but not economics. D. Liberal justices and conservative justices tend to vote together on issues involving economics but not on civil liberties. E. Justices tend to vote together consistently as liberals and conservatives

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within each of the two dimensions: civil liberties and economics.

26. Denial of review means all except A. Supreme Court will not hear the case. B. lower court’s decision stands. C. precedent is binding on lower courts. D. case is finished.

27. Supreme Court justices will write concurring opinions when A. they disagree with the decision of the Court B. they think the Court erred in not hearing a case. C. they agree with the decision for a reason different from the one stated in the majority decision. D. the Court reverses an opinion without comment.E. the dissenting justices want their opinions heard

28. A political question is A. any case involving politics. B. a question judges think should be decided by other branches. C. one involving a redistricting suit. D. one brought in a lawsuit by a political party.

29. The Supreme Court can intrude on state court decisions in all cases except:A. when the question involves the interpretation of the state constitution. B. when there is a disagreement over interpretation of the Constitution. C. when there is a conflict over the interpretation of federal law. D. when the question involves a federal agency regulation.

30. A Supreme Court that demonstrates a willingness to change public policy and alter judicial precedent is said to be engaging in

A. judicial activism B. due processC. judicial restraint D. ex post facto lawmakingE. judicial review

31. A writ of certiorari from the Supreme Court indicates that the CourtA. will review a lower court decisionB. has rendered a decision on a caseC. has decided not to hear an appealD. will recess until the end of the calendar yearE. plans to overturn one of its previous rulings

33. The power of the Supreme Court to declare laws unconstitutional was first established

A. through executive orderB. by the Twelfth Amendment

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C. by federal statuteD. in Article III of the ConstitutionE. in Marbury v. Madison

34. Which of the following has NOT been used to limit the judicial powers of the federal courts?

A. Legislation to circumvent a previous decisionB. Amendment to the U.S. ConstitutionC. Failure to provide funds to implement court decisionsD. Term limitation for the federal judiciaryE. Senatorial rejection of Supreme Court nominees

35. Congress has the constitutional power to control the judicial branch byA. determining the size of the Supreme CourtB. nominating the Chief Justice of the Supreme CourtC. censuring judges for unethical behaviorD. reducing the salary of judges while they are in officeE. altering the original jurisdiction of the Supreme Court

36. In the United States judicial system, when a judge decides a case based on decisions rendered in similar cases in the past, the judge is following the principle of

A. amicus curiae B. stare decisisC. justiciability D. diversity E. certiorari

37. Senate confirmation of appointments to the Supreme Court illustrates the principle of

A. senatorial courtesy B. federalismC. checks and balances D. judicial reviewE. iron triangles

38. Which of the following is the primary function of the Senate Judiciary Committee?A. Conducting oversight hearings on the Supreme Court budgetB. Conducting investigations into allegedly subversive activitiesC. Conducting hearings on judicial appointments made by the PresidentD. Conducting investigations of wrongdoing by the executive branchE. Initiating appointments to the Supreme Court

39. Which of the following is empowered to create new federal courts and specify the number of judges who will sit on them?

A. The Supreme Court B. CongressC. The President D. The Department of JusticeE. The attorney general

40. When a lower court decision is appealed to the Supreme Court, which of the following is MOST likely to occur?

A. The Supreme Court will reconsider the case, and overturn the lower court decision

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B. The Supreme Court will reprimand the lower court judge for improperly deciding the case

C. The plaintiffs or defendants will file motions for a change of venueD. The case will be retried at the lower court levelE. The Supreme Court will not hear the appeal

41. A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that

A. justices are expected to act like politicians in their decision-makingB. Presidents seek to place individuals on the Court whose policy views

are similar to their own C. the Senate will refuse to confirm any nominee to the Court who is not familiar

with the political processD. appointment to the Supreme Court is a reward for political party loyaltyE. the Court is expected to defer to the political branches in making its

decisions

42. Which of the following is true of nominees for federal judgeships?A. They are recruited from the current pool of U.S. attorneysB. They are nominated by the Senate and approved by the House.C. They are elected in popular elections in individual statesD. They must receive an approval of the American Bar Association upon

nominationE. They are appointed for life by the President with the advice and consent

of the Senate

43. In the United States, most criminal cases end inA. a plea bargain negotiated by the defense and prosecutionB. an appeal to the U.S. Court of AppealsC. an appeal to the state court of appealsD. a trial by judgeE. a trial by jury

44. Citizen X is suing his neighbor Citizen Y for ramming his $30,000 car. This case could be heard in

A. a federal courtB. either federal or state courtC. a state courtD. an appellate court

45. What happens if a vote by the Supreme Court ends in a tie?A. The Chief Justice breaks the tieB. A majority of both houses of Congress decides the case C. The lower court decision is left standingD. A vote cannot end in a tie since nine justices always decide on a caseE. The vote of the least senior member is eliminated

46. The fact that prayer continues in some public schools, even though the

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Supreme Court has declared it unconstitutional, is an example ofA. the slowness of the appeals processB. ambiguity of the Court's decisionsC. lack of effective enforcement by the CourtD. the power given to states to countermand judicial rulingsE. the lack of legitimacy given to the Court

47. The removal of federal judges from their positions is left toA. the Chief Justice B. the PresidentC. the House of Representatives D. the SenateE. once appointed, federal judges cannot be removed from office

48. Questioning of prospective jurors to determine whether they are sufficiently unbiased to serve is referred to as

A. stare decisis questioning B. peremptory challengingC. causal summation D. debriefingE. voire dire questioning

49. The duty of a grand jury is to A. decide if a defendant is guilty in a criminal caseB. decide whether to award damages in a civil caseC. determine the crime for which a person will be chargedD. decide whether or not to issue a bill of indictment in a felony caseE. determine the sentence in a capital case

50. An example of cross-examination would beA. the questioning of potential jurors by the prosecution lawyer and then

the defense lawyerB. the questioning of defense witnesses after all of the prosecution

witnesses had been questionedC. the questioning of a prosecution witness by the defense lawyerD. the questioning of a hostile defense witness by the defense lawyerE. all of the above

51. The guarantee of a grand jury is found in what section of the Constitution?A. Article III B. Article VII C. Amendment ID. Amendment V E. Amendment 14

52. The number of petit jurors required in a federal criminal trial isA. 16 to 23 B. 6 to 12 C. 23D. 12 E. decided by the both sides

53. The case of Gideon v. Wainwright decided thatA. the Supreme Court must accept informa pauperis casesB. a lawyer must be provided if a defendant is unable to afford one C. in certiorari requests must be filed by lawyersD. a trial must be held in the location of the crimeE. all appeals to the Supreme Court must be paid for by the Court

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54. If a trial is held in a place other than where the crime took place, thenA. a plea bargain was agreed toB. a change of venue was requested by the defenseC. a change of venire was requested by the prosecutionD. the original judge recused herselfE. a request for a habeas corpus writ was granted

55. Which of the following is true of court cases in which one private party is suing another?

a. they are tried in civil courtb. the federal court system has exclusive jurisdiction over themc. they are tried in criminal courtd. the state court system has exclusive jurisdiction over themthey are tried before a grand jury

56. Which of the following is true of the Supreme Court?a. every case appealed to the Supreme Court is ruled upon by the Courtb. The Court helps set the public agenda by deciding which cases to hear c. The Court hears all cases when two or more justices agree that the case has meritd. In deciding cases, the chief justice's vote counts as two votese. The Court does not rule on cases in which five justices refuse to sign an opinion

57. The Supreme Court has used the Fourteenth Amendment to apply portions of the Bill of Rights to state law by citing the amendment's

a. prohibition against unreasonable search and seizure*b. due process clausec. guarantee of privacy rightsd. abolition of slaverye. "reserved powers" provision

58. Which of the following is true of federal judges?a. they serve four-year terms that coincide with the presidential termb. they are appointed for life and can only be removed by impeachmentc. they are elected by Congress and serve ten-year termsd. They are appointed for life and cannot be removed from officee. They are appointed by the Supreme Court to life terms

59. In Planned Parenthood v. Casey, the Supreme Court upheld all of the following provisions of the law restricting abortion EXCEPT

a. the legality of abortions if the fetus is not viableb. parental notification in the case of an unmarried minorc. spousal notification in the case of a married womand. a twenty-four hour waiting period before obtaining an abortione. requiring that medical personnel provide information about alternatives to

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abortion

60. If, in reaching a judicial decision, a court relies upon the reasoning in an earlier case, the court relied upon

a. precedent b. the Constitutionc. common sense d. a statutee. the Chief Justice

61. A "concurring opinion" by a judge meansa. the judge supports the Presidentb. the judge strongly opposes the court's decisionc. the judge agrees with the majority reasoning, but rejects their conclusiond. the judge agrees with the majority conclusion, but rejects their reasoninge. the judge has refused to write a decision in the case

62. Double jeopardy, the portion of the Fifth Amendment that mentions “ no person shall be put twice in jeopardy for the same offense,” was meant to accomplish which of the following?

a. It avoids the need for a criminal jury to reach unanimous verdicts.b. It prohibits the accused from being tried in both civil and criminal courts, as in the case of O.J. Simpsonc. It prevents the police and prosecutors from introducing new evidence after an acquittal has been granted d. It prevents criminals from seeking an appeal to an earlier convictione. It created the concept of the “mistrial” and “hung jury”

63. Which of the following is true of an ex post facto law?a. They can apply to neither criminal nor civil lawsb. A law may not be passed after the fact if it will permit amnesty or other leniency towards a previous criminal actc. They may apply to both civil and criminal lawsd. They may be applied to civil but not criminal lawe. An ex post facto law is not constitutional because it violates the principle of “no double jeopardy”

64. The tradition of senatorial courtesy is criticized because a. it effectively allows a senator to nominate a federal judge

b. it gives too much power to the Senate to investigate judicial nomineesc. it gives the President Pro Tempore responsibilities not provided for in

the Constitutiond. it allows the Senate Judiciary Committee to delay hearings on a judicial

appointmente. it allows the Senate Judiciary Committee alone rather than the full Senate

to reject a nominee to the federal bench

65. Which of the following courts has only original jurisdiction?a. U.S. Court of Appeals for the ninth Circuitb. California Supreme Court

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c. U.S. District Court of the Southern District of New Yorkd. New York State Court of Appealse. U.S. Supreme Court

66. The Supreme Court will agree to hear a case whena. the Chef Justice orders itb. only if a majority of the justices agreec. a single justice insists a case be put on the docketd. it is a referral from a state Supreme Courte. four justices agree

67. All of the following statements about the judicial branch are true EXCEPTa. The overwhelming majority of criminal cases are handled in state courtsb. Only judges determine verdicts in cases in federal courtsc. The only court specifically established in the Constitution is the Supreme

Courtd. Most judges that sit on state or municipal courts are electede. Most cases come to the Supreme Court on appeal from the lower federal

courts

68. An important difference between constitutional courts and legislative courts isa. judges in legislative courts serve for a fixed terma. only legislative courts are established by Congressc. constitutional courts do not have jury trialsd. the jurisdiction of legislative courts is broadere. the Constitution only mentions constitutional courts

69. Prerogatives of the Chief Justice of the Supreme Court include

I. determining the cases on the "discuss" listII. nominating the next Chief JusticeIII. assigning the opinion when in the majorityIV. determining the order of seating when the court is in session

a. I onlyb. I and II onlyc. I, II, and IIII onlyd. III onlye. I and III only

70. Supreme Court Justice William O. Douglas said, "I don't follow precedents. I make 'em." This statement reflects

a. judicial conservatismb. judicial activismc. strict constructionismd. judicial restrainte. stare decisis

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71. A ruling made by a court of appeals isa. valid only within the states that make up the circuit of that courtb. automatically brought to the Supreme Courtc. most likely the result of a decision of all the judges in the circuitd. based on the factual evidence brought in a triale. made on the basis of oral argument alone

72. When President Andrew Jackson heard about the Supreme Court's decision in Worcester v. Georgia (1832), he is said to have remarked, "….John Marshall (Chief Justice) has made his decision, now let him enforce it!." This raises the issue of

a. judicial nationalismb. judicial federalismc. judicial implementationd. judicial reviewe. judicial jurisdiction

73. In establishing the Judicial branch, Article III of the Constitution provided for all of the following EXCEPT

a. original jurisdiction of the Supreme Courtb. the scope of appellate jurisdictionc. the definition of treasond. trial by jurye. Office of the Attorney General

74. The Supreme Court is most likely to hear a case whenA. two courts of appeal have ruled in different ways on the same issueB. directed to do so by the Solicitor General of the U.S.C. the Congress indicates that the issue is importantD. the president expresses an opinion on a matter on appealE, the Court's calendar has an open date for oral argument

75. If the case of a poor criminal defendant is granted a writ of certiorari, the Supreme Court

a. asks an interest group like the ACLU to represent the individualb. allows the defendant to give her/his own oral argumentc. appoints an attorney to handle the cased. still requires the defendant to pay all fees and costse. asks the Justice Department to provide counsel

76. All of the following are legislative courts EXCEPTa. U.S. Court of Claimsb. U.S. District Courtc. Court of Veteran's Appealsd. U.S. Tax Courte. U.S. Territorial Courts

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77. An independent federal judiciary is the purpose ofa. having federal judges elected every seven yearsb. having the president appoint federal judges with the advice and consent

of the senatec. using the impeachment process for alleged wrongdoing by a federal judged. lifetime tenure for almost all federal judgese. congressional hearings into the fitness of a person to serve as a federal

judge before her or his appointment

78. All of the following are cases of original jurisdiction of the Supreme Court EXCEPTa. A case between two or more statesb. A case involving an appeal based on denial of due processc. A case between one state and citizens of another stated. A case involving a foreign diplomate. A case between a state and a foreign nation

79. Conservatives would most likely support which of the following Supreme Court decisions?

a. Upholding the Miranda ruleB. Ban on prayer led by students at high school football gamesC. Striking down of a law banning partial birth abortionsD. Decision to hear an appeal from a death row inmateE. Upholding of a law that allowed federal money to be used to purchase

computers for parochial school students

2010 additions

80. A president is LEAST likely to appoint which of the following to the Supreme Court?A. a woman justice of a state supreme courtB. a Court of Appeals judge from his / her home stateC. An Hispanic who served as Solicitor GeneralD. A Court of Appeals judge from the other partyE. A professor of the Harvard Law School

81. Which of the following statements about the relationship between Congress and the Supreme Court is valid?

A. A decision can be overturned by a 2/3 vote of both housesB. Nominations to the Supreme Court must be approved by CongressC. A constitutional amendment is the only way Congress can overturn

a Supreme Court decision D. Congress can expand the jurisdiction of the Supreme Court through

LegislationE. Congress can impeach a Supreme Court justice

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82. Which of the following statements about judicial review is NOT trueA. Judicial review gives the Supreme Court the power to declare an action by

the president unconstitutional B. The Supreme Court decision in Marbury v. Madison was based on judicial

ReviewC. Judicial review is specifically mentioned in the Constitution under the powers

of the Supreme Court D. Judicial review can significantly impact the meaning of the ConstitutionE. The power of the Supreme Court to declare a law unconstitutional was

recognized in the Federalist Papers.

83. Which of the following courts has only original jurisdictionA. U.S. Court of Appeals for the Ninth CircuitB. California Supreme CourtC. U.S. District Court of the Southern District of N.Y.D. N.Y. State Court of AppealsE. U.S. Supreme Court

84. In making nominations to the federal courts, recent Democratic presidents haveA. selected more women and minorities than RepublicansB. not taken party affiliation into accountC. required that candidates have previous judicial experienceD. relied heavily on recommendations from large corporationsE. looked for candidates who were pro-life

85. A Supreme Court justice who agrees with the decision but nt with the legal reasoning is likely to write a

A. majority opinionB. per curium decisionC. concurring opinionD. dissenting opinionE. plurality opinion

86. Which of the following cases is LEAST likely to reach the Supreme Court?A. a dispute between Washington and Oregon over coastal fishingB. a case on the rights of students to publish a newspaper without

supervision by the administrationC. a case involving the constitutionality of a state law prohibiting abortionD. a case that challenges the president’s right to establish military tribunals

to try suspected terroristsE. a case involving the murder of a police officer during a drug arrest

87. All of the following statements about the judicial branch are true EXCEPTA. the overwhelming majority of criminal cases are handled by the state courtsB. only judges hear and decide cases in the federal courtsC. the only court specifically established in the Constitution is the Supreme

Court

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D. most judges that sit on state or municipal courts are electedE. most cases come to the Supreme Court on appeal from the lower federal

Courts

88. Perogatives of the Chief Justice of the Supreme Court include !. determining the cases on the discuss listII. nominating the next chief justiceIII. assigning the opinion when in the majorityIV. determining the order of seating when the Court is in session

A. I only B. I and II only C. I, II, and III onlyD. III only E. I and III only

89. Supreme Court Justice William O. Douglas said, “ I don’t follow precedents. I make ‘em.” This statement reflects

A. judicial conservatismB. judicial activismC. strict constructionismD. judicial restraintE. stare decisis

90. Which of the following about amicus curiae briefs is NOT valid?A. Amicus curiae briefs are an opportunity for third parties to provide

information to the courtB. Most amicus curiae briefs are filed by individuals who want the court

to consider their case C. Amicus curiae briefs are filed in connection with petitions for a writ of certioriD. With the exception of the solicitor general, attorneys who submit amicus

curiae briefs cannot participate in oral argumentE. Amicus briefs are a factor in the decision of the Court to hear a case

91. A ruling by a court of appeals isA. valid only within the states that make up the circuit of that courtB. automatically brought to the Supreme CourtC. most likely the result of a decision of all the judges in the circuitD. based on the factual evidence introduced at trialE. made on the basis of oral argument alone

92. When President Andrew Jackson heard about the Supreme Court’s decision in Worcester v. Georgia (1832), he is said to have remarked, “… John Marshall (Chief Justice)has made his decision, now let him enforce it!”. This raises the question of

A. judicial nationalismB. judicial federalismC. judicial implementationD. judicial reviewE. judicial jurisdiction

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93. In establishing the Judicial branch, Article III of the Constitution provided for all of the following EXCEPT

A. original jurisdiction of the Supreme CourtB. the scope of appellate jurisdictionC. the definition of treasonD. trial by juryE. Office of the Attorney General

94. The only organization outside of the government that has played a direct role in the selection of federal judges is

A. AFL_CIOB. ACLUC. American Bar AssociationD. National Governor’s AssociationE. Association of Trial Lawyers of America

95. President Bush stated during the 2000 campaign that he did not have a “litmus test” for the appointment of justices to the Supreme Court. This means

A. He will consider appointing a DemocratB. He is interested in making the Court as diverse as possibleC. A nominee’s previous judicial experience is importantD. He is looking for a loose constructionistE. He will a consider a nominee that may not share his views on

controversial issues

96. While interest groups testify before Congress and meet with the staff of a federal agency, how do they influence the courts?

A. They speak directly with judges about their concernsB. They try to determine how Supreme Court justices are leaning from their

law clerksC. They organize letter writing campaigns against an unfavorable Supreme

Court decisionD. They file briefs with the Supreme Court to get their views before the justicesE. They call for the impeachment of a federal judge that consistently rules

against their position

97. Which of the following is an accurate statement about the federal court system?A. The creation of new federal courts requires a constitutional amendmentB. The creation of new federal courts requires the unanimous consent of all

50 statesC. The Supreme Court has the sole power to create new federal courtsD. Congress has the power to create new federal courtsE. The number of federal courts is fixed by the Constitution and cannot be

changed