Question 1

Precedent,while not an absolute constraint on the courts,is needed to

Accepted Answer

A)  preserve the courts as a counter majoritarian institution.
B)  maintain legal consistency over time,so confusion and uncertainty about the law can be avoided.
C)  check the president in the area of public law.
D)  balance the policy making authority of Congress.
E)  check the president in the area of foreign policy.F) All of the above
G) B) and C)

Question 2

What is the most common method in the states for the selection of judges?

Accepted Answer

A)  appointment by the state supreme courts
B)  promotion from within the legal establishment
C)  appointment by the governor
D)  election to office
E)  appointment by state legislaturesF) B) and E)
G) B) and C)

Question 3

The lowest level of the federal court system is the

Accepted Answer

A)  circuit court of appeal.
B)  highest level of the state courts.
C)  district court.
D)  justice of the peace.
E)  supreme judicial tribunal.F) All of the above
G) A) and D)

Question 4

The number and types of lower federal courts is established by

Accepted Answer

A)  Congress.
B)  the president.
C)  the Constitution.
D)  the Supreme Court.
E)  the Justice Department.F) A) and B)
G) B) and D)

Question 5

The discretionary power of judges is less than that of elected officials because judges

Accepted Answer

A)  are prohibited from relying on personal judgment when deciding an issue.
B)  must make decisions that can be justified in terms of existing provisions of the law.
C)  are prohibited from addressing issues that have not been previously addressed by elected officials.
D)  are prohibited from taking into account the political consequences of a decision.
E)  must render rulings on all appeals.F) A) and B)
G) C) and E)

Question 6

The Supreme Court is most likely to grant ________ when the U.S.government-through the solicitor general-requests it.

Accepted Answer

A)  original jurisdiction
B)  certiorari
C)  per curiam decision
D)  a writ of error
E)  mandamusF) A) and B)
G) B) and E)

Question 7

Discuss the doctrines of judicial restraint and judicial activism.

Accepted Answer

The doctrine of judicial restraint holds...

Question 8

The Supreme Court has original jurisdiction in legal disputes involving

Accepted Answer

A)  foreign diplomats.
B)  the president.
C)  the Congress.
D)  private parties.
E)  free speech and equal protection issues.F) C) and D)
G) A) and E)

Question 9

With regard to public opinion,the Supreme Court

Accepted Answer

A)  ignores it in order to make decisions that are based on enduring values rather than the public's passing whims.
B)  remains uninformed about it because justices stay on the bench for life and never face the public scrutiny of an election.
C)  attempts to stay close enough to public opinion so as to avoid outright defiance of its decisions.
D)  attempts to follow it very closely in order to create public enthusiasm for its rulings.
E)  None of these answers is correct.F) C) and D)
G) B) and D)

Question 10

The judiciary's status as an independent branch of national government depends on judicial review,which grants the judiciary the authority to

Accepted Answer

A)  make political decisions;judges can overturn any congressional or presidential decision they personally dislike.
B)  decide which laws apply to a particular case.
C)  ignore public opinion when making decisions.
D)  invalidate the actions of other institutions when judges believe they have acted unconstitutionally.
E)  strike down certain sections of the Constitution.F) B) and C)
G) All of the above

Question 11

,the Supreme Court

Accepted Answer

A)  blocked a manual recount of the Florida presidential vote.
B)  declined to get involved in the electoral process.
C)  cast a unanimous vote.
D)  deferred to the Florida Supreme Court in the election dispute between the two major party candidates.
E)  decided that there was no federal question in the dispute.F) A) and E)
G) B) and D)

Question 12

The U.S.courts of appeals

Accepted Answer

A)  hear new evidence in appealed cases.
B)  review trial court decisions.
C)  are the highest courts to use juries.
D)  decide for the Supreme Court the cases it will review.
E)  None of these answers is correct.F) A) and B)
G) B) and E)

Question 13

The long-serving chief justice that established the principle of judicial review was

Accepted Answer

A)  Charles Evans Hughes.
B)  Hugo Black.
C)  Clarence Thomas.
D)  John Marshall.
E)  Benjamin Cardozo.F) None of the above
G) A) and C)

Question 14

Federal judges are

Accepted Answer

A)  nominated by the president.
B)  confirmed by the U.S.Senate.
C)  appointed for an indefinite period,providing they maintain "good behavior".
D)  all of these: nominated by the president,confirmed by the U.S.Senate,and appointed for an indefinite period providing they maintain "good behavior".
E)  None of these answers is correct.F) B) and E)
G) C) and E)

Question 15

The constitutional provision that federal judges and justices hold office "during good behavior" has

Accepted Answer

A)  meant,in effect,that they will serve until they die or choose to retire.
B)  provided them the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress.
C)  enabled presidents to influence judicial policy through their appointments long after leaving the White House.
D)  had all these effects: Federal judges and justices serve,effectively,until they die or choose to retire;they are provided the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress;and presidents are able to influence judicial policy through their appointments long after leaving the White House.
E)  None of these answers is correct.F) A) and C)
G) C) and D)

Question 16

Which of the following is a recent trend in the appointment of new federal judges and justices?

Accepted Answer

A)  a higher rate of appointment of judges that have served as political appointees
B)  a lower rate of appointment due to longer serving times of federal judges and justices
C)  an increase in the ease of Senate confirmation
D)  a decrease in partisan reasons for nomination
E)  an increase in the number of federal judges and justices with prior judicial experienceF) A) and D)
G) B) and C)

Question 17

Why was the Supreme Court ruling in Faragher v.City of Boca Raton,which relied on the context of the antidiscrimination provisions of the Civil Rights Act of 1964,demonstrative of the ambiguities of the law?

Accepted Answer

A)  The case arrived at the Supreme Court without the Court requesting a writ of certiorari.
B)  The case involved administrative law,but the Court used statutory law as a basis for its decision.
C)  It involved the votes of justices that had opposed the Civil Rights Act,but who used the Civil Rights Act in the justification for their ruling.
D)  The minority dissenting opinion refused to use the Civil Rights Act as a justification.
E)  The case dealt with sexual harassment in the workplace,which is not mentioned in the Civil Rights Act.F) B) and E)
G) B) and C)

Question 18

Distinguish between the facts of a case and the relevant laws of a case.Discuss the three main sources of laws.

Accepted Answer

The legal constraints on a court when he...

Question 19

What role does partisanship play in federal court appointments?

Accepted Answer

Federal judges are political officials w...

Question 20

About ________ percent of the nation's legal cases are decided in state court systems.

Accepted Answer

A)  10
B)  25
C)  50
D)  75
E)  95F) C) and D)
G) B) and E)

Exam 14: The Federal Judicial System: Applying the Law

The constitutional provision that federal judges and justices hold office "during good behavior" has

Correct AnswerverifiedShow Answer

About ________ percent of the nation's legal cases are decided in state court systems.

Correct AnswerverifiedShow Answer

What role does partisanship play in federal court appointments?

Correct AnswerverifiedFederal judges are political officials w...View AnswerShow Answer

The long-serving chief justice that established the principle of judicial review was

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The discretionary power of judges is less than that of elected officials because judges

Correct AnswerverifiedShow Answer

The number and types of lower federal courts is established by

Correct AnswerverifiedShow Answer

Discuss the doctrines of judicial restraint and judicial activism.

Correct AnswerverifiedThe doctrine of judicial restraint holds...View AnswerShow Answer

The Supreme Court has original jurisdiction in legal disputes involving

Correct AnswerverifiedShow Answer

The U.S.courts of appeals

Correct AnswerverifiedShow Answer

Federal judges are

Correct AnswerverifiedShow Answer

With regard to public opinion,the Supreme Court

Correct AnswerverifiedShow Answer

Why was the Supreme Court ruling in Faragher v.City of Boca Raton,which relied on the context of the antidiscrimination provisions of the Civil Rights Act of 1964,demonstrative of the ambiguities of the law?

Correct AnswerverifiedShow Answer

What is the most common method in the states for the selection of judges?

Correct AnswerverifiedShow Answer

Which of the following is a recent trend in the appointment of new federal judges and justices?

Correct AnswerverifiedShow Answer

Precedent,while not an absolute constraint on the courts,is needed to

Correct AnswerverifiedShow Answer

The lowest level of the federal court system is the

Correct AnswerverifiedShow Answer

,the Supreme Court

Correct AnswerverifiedShow Answer

The Supreme Court is most likely to grant ________ when the U.S.government-through the solicitor general-requests it.

Correct AnswerverifiedShow Answer

Distinguish between the facts of a case and the relevant laws of a case.Discuss the three main sources of laws.

Correct AnswerverifiedThe legal constraints on a court when he...View AnswerShow Answer

The judiciary's status as an independent branch of national government depends on judicial review,which grants the judiciary the authority to

Correct AnswerverifiedShow Answer

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Federal judges are political officials w...
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The doctrine of judicial restraint holds...
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The legal constraints on a court when he...
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