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Title: Chapter 15 - The Federal Courts Started: April 1, 2008 11:52 PM Submitted: April 2, 2008 12:39 AM Time spent: 00:47:31 Total score: 69/70 = 98.5714% Total score adjusted by 0.0
Maximum possible score: 70
1.
What did the framers call the "least dangerous branch"? Student Response 1. the Senate 2. the system of state courts 3. the Supreme Court 4. the president Score: 1/1 Correct Answer Feedback
2.
Which of the following is the essence of the rule of law? Student Response 1. Every state needs to have a written constitution. 2. Every state must judge government officials by the same laws as its citizens are judged. 3. Every state needs to make its laws public. 4. Every state Correct Answer Feedback
must have an established system of common law. Score: 1/1
3.
In what type of law is the government always the plaintiff? Student Response 1. common law 2. criminal law 3. civil law 4. public law Score: 1/1 Correct Answer Feedback
4.
Compared to the other two branches of the federal government, the federal courts have had _____ institutional crises during its history. Student Response 1. more constitutionally significant 2. more frequent 3. fewer 4. more severe Score: 1/1 Correct Answer Feedback
5.
If a private individual brought a suit against a corporation for breaking a contract, what kind of law would this lawsuit involve? Student Response 1. public Correct Answer Feedback
2. criminal 3. civil 4. plaintiff Score: 1/1
6.
The party that brings a complaint in court is called the _____, and the one against whom the complaint is brought is called the _____. Student Response 1. plaintiff; defendant 2. litigator; juror 3. defendant; plaintiff 4. plaintiff; precedent Score: 1/1 Correct Answer Feedback
7.
The doctrine of _____ requires courts to follow authoritative prior decisions when ruling on a case. Student Response 1. lex talions 2. stare decisis 3. habeas corpus 4. ex post facto Score: 1/1 Correct Answer Feedback
8.
The phrase stare decisis means Student Response 1. "the decision is Correct Answer Feedback
void." 2. "let the decision stand." 3. "the state must be decisive." 4. "the state will decide." Score: 1/1
9.
Which of the following scenarios would most likely lead to a trial involving public law? Student Response 1. a suspect has been caught robbing a store 2. a doctor is accused of malpractice 3. a citizen accuses the police of searching her house without a warrant 4. a passerby trips on a rake left in someone's front yard and chips a tooth Score: 1/1 Correct Answer Feedback
10.
Prior cases whose principles are used by judges to decide current cases are called Student Response 1. common law. 2. public law. Correct Answer Feedback
3. precedents. 4. en blanc decisions. Score: 1/1
11.
In most circumstances, a Supreme Court is best described as a(n) _____ court. Student Response 1. appellate 2. advisory 3. trial 4. uniform Score: 1/1 Correct Answer Feedback
12.
When a case is resolved through a negotiated agreement before a full trial is completed, it is called Student Response 1. a misdemeanor. 2. a plea bargain. 3. a writ of certiorari. 4. taking the Fifth. Score: 1/1 Correct Answer Feedback
13.
What is the Uniform Commercial Code? Student Response 1. a federal law regulating all forms of advertisements Correct Answer Feedback
throughout the United States 2. judicial guidelines established by the Supreme Court explaining the meaning of federal economic regulations 3. a federal law establishing common practices in each state regarding commercial affairs 4. a set of codes states may voluntarily adopt, in order to reduce interstate differences in judicial opinions Score: 1/1
14.
The area of authority possessed by a court, in terms of either subject area or geography, is called its Student Response 1. judicial review. 2. precedents. 3. appellate scope. 4. jurisdiction. Score: 1/1 Correct Answer Feedback
15.
All of the following are part of the official jurisdiction of the federal courts, except Student Response 1. cases involving the United States Constitution. 2. treaties with other nations. 3. All of the above are part of the federal court's jurisdiction. 4. federal statutes. Score: 1/1 Correct Answer Feedback
16.
When all of the justices on the Supreme Court are hearing a case, they are said to be sitting Student Response 1. in full jurisdiction. 2. en blanc. 3. amicus curiae. 4. in the round. Score: 1/1 Correct Answer Feedback
17.
There are _____ United States district courts. Student Response 1. 50 Correct Answer Feedback
2. 94 3. 434 4. 100 Score: 1/1
18.
Which of the following is not a specialized "legislative court" created by Congress? Student Response 1. Court of International Trade 2. Court of Federal Claims 3. Court of Federal Territories 4. Court of Veterans Appeals Score: 1/1 Correct Answer Feedback
19.
Approximately what percentage of all court cases in the United States are heard in federal courts? Student Response 1. 30 percent 2. 55 percent 3. 10 percent 4. 1 percent Score: 1/1 Correct Answer Feedback
20.
The right of due process is best described as the right of
Student Response 1. every person not to be treated arbitrarily by a government official or agency. 2. every person to be a lawyer. 3. everyone to appeal their trial. 4. every citizen to vote. Score: 1/1
Correct Answer
Feedback
21.
Each year, the Supreme Court receives about _____ appeals and hears about _____ of them in full court. Student Response 1. 9,500; 75 2. 1,000; 500 3. 200; 10 4. 12,000; 300 Score: 1/1 Correct Answer Feedback
22.
Original jurisdiction refers to Student Response 1. the court with the authority to hear a case first. 2. the highest court with the power to Correct Answer Feedback
overrule other courts. 3. the Constitution as the supreme law of the land. 4. Congress's power to determine what cases the federal courts will hear. Score: 1/1
23.
Trial courts in the federal judicial system are called Student Response 1. grand juries. 2. administrative courts. 3. district courts. 4. appellate courts. Score: Correct Answer Feedback
1/1
24.
In which of the following types of cases does the Supreme Court have original jurisdiction? Student Response 1. any case involving an ambassador 2. any case involving the Constitution 3. any case involving the president Correct Answer Feedback
4. all of the above Score: 1/1
25.
Approximately how many judges currently sit on the federal district courts? Student Response 1. 700 2. 75 3. 9 4. 2,500 Score: 1/1 Correct Answer Feedback
26.
Which of the following statements about the U.S. Courts of Appeals is incorrect? Student Response 1. The appeals courts are able to hear all cases involving federal law, but not constitutional law. 2. There are over ten appeals courts in the United States. 3. About 20 percent of federal cases are heard by the appeals courts. 4. The appeals courts were created by Congress, not by the Correct Answer Feedback
Constitution. Score: 1/1
27.
What is the main function of the chief justice of the Supreme Court? Student Response 1. The chief justice always writes the Court's majority opinions. 2. The chief justice decides what cases will be heard by the full Court each term. 3. The chief justice presides over the Court's public sessions and private conferences. 4. The chief justice is also the constitutional adviser to the president. Score: 1/1 Correct Answer Feedback
28.
What is the most frequent and best known action of Supreme Court justices in their role as circuit justices? Student Response 1. writing writs of Correct Answer Feedback
habeas corpus 2. hearing challenges to state laws 3. vetting cases for the Supreme Court 4. reviewing requests for stays of execution Score: 1/1
29.
How many justices currently serve on the Supreme Court? Student Response 1. seven 2. eleven 3. nine 4. fifteen Score: 1/1 Correct Answer Feedback
30.
What was known as the court-packing plan? Student Response 1. the desire in Congress during the 1890s to expand the number of federal courts, to ease the workload of the Supreme Court 2. the decision in the early Correct Answer Feedback
nineteenth century that all federal courts should be guarded by members of the armed forces 3. the attempt by Franklin D. Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional 4. the attempt by the Republicandominated Senate of the 1990s to confirm as many conservative judges as possible Score: 1/1
31.
The size of the U.S. Supreme Court is set by Student Response 1. Congress. 2. a national convention. 3. the American Bar Association. 4. the U.S. Constitution. Correct Answer Feedback
Score:
1/1
32.
When the president places a judicial candidate on the bench while Congress is not in session, it is called a Student Response 1. recess appointment. 2. expedited confirmation. 3. Senate bypass. 4. pocket veto. Score: 1/1 Correct Answer Feedback
33.
Which of the following Supreme Court justices was not appointed by a Republican president? Student Response 1. David Souter 2. Clarence Thomas 3. Ruth Bader Ginsburg 4. Sandra Day O'Connor Score: 1/1 Correct Answer Feedback
34.
In recent years, federal court appointments have Student Response 1. been characterized by intense partisan Correct Answer Feedback
and ideological efforts to support or defeat the candidate. 2. been unaffected by ideological concerns. 3. attracted very little attention from the media and special interest groups. 4. been characterized by strict neutrality on the part of Congress. Score: 1/1
35.
Which of the following Supreme Court justices was not appointed by Bill Clinton? Student Response 1. Stephen Breyer 2. Ruth Bader Ginsburg 3. David Souter 4. All of the above were Clinton appointees. Score: 1/1 Correct Answer Feedback
36.
Through the exercise of _____, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional. Student Response Correct Answer Feedback
1. clemency 2. stare decisis 3. writs of certiorari 4. judicial review Score: 1/1
37.
Why is the Supreme Court case of Marbury v. Madison important? Student Response 1. In this case, the Court declared the authority of Congress to regulate the economy of the United States. 2. In this case, the Court authorized itself to exercise judicial review over laws passed by Congress. 3. In this case, the Court nationalized the Bill of Rights. 4. In this case, the Court declared the secession of the Confederate states to be in violation of the Constitution. Score: 1/1 Correct Answer Feedback
38.
What was the Supreme Court's decision regarding the line-item Student veto? Response 1. It was upheld as a constitutional exercise of congressional power. 2. It was struck down as an unconstitutional violation of the separation of powers. 3. It was upheld as an authorized delegation of federal powers to the states. 4. The Supreme Court refused to hear the issue, employing its "political question" doctrine. Score: 1/1 Correct Answer Feedback
39.
In what year was Marbury v. Madison decided? Student Response 1. 1929 2. 1861 3. 1803 4. 1789 Score: Correct Answer Feedback
1/1
40.
The power of the Supreme Court to review state actions and legislation comes from Student Response 1. the judicial review clause of Article III. 2. the supremacy clause of Article VI. 3. Marbury v. Madison. 4. the Tenth Amendment. Score: 1/1 Correct Answer Feedback
41.
Which of the following was not a case involving the Supreme Court overturning a state law? Student Response 1. Brown v. Board of Education 2. Marbury v. Madison 3. Loving v. Virginia 4. Griswold v. Connecticut Score: 1/1 Correct Answer Feedback
42.
In which of the following cases did the Supreme Court exercise judicial review to uphold a state law? Student Response 1. Brandenburg v. Ohio Correct Answer Feedback
2. Loving v. Virginia 3. Brown v. Board of Education 4. The Court overturned state laws in all of the above. Score: 1/1
43.
The increase of administrative agencies since the New Deal has resulted in Student Response 1. an increased occurrence of Congress writing administrative rules. 2. a strict nondelegation doctrine pronounced by the Supreme Court. 3. a delegation of power by Congress to administrative agencies. 4. an increase in states making administrative law. Score: 1/1 Correct Answer Feedback
44.
What is common law?
Student Response 1. law made by judges through their decisions, not through specific statutes 2. law made by an administrative body 3. another name for federal law 4. law that is guided by the Constitution Score: 1/1
Correct Answer
Feedback
45.
What was the Supreme Court's ruling in 1948, regarding restrictive covenants? Student Response 1. It was acceptable for private contracts to have discriminatory provisions. 2. Only state supreme courts had the authority to rule on the legality of restrictive covenants. 3. Individuals had the right to discriminate in private contracts, but courts could not enforce these Correct Answer Feedback
contracts. 4. It was illegal for homeowners to discriminate in sales contracts. Score: 1/1
46.
Which of the following was not part of the Supreme Court's ruling in Hamdi v. Rumsfeld? Student Response 1. A United States citizen could be declared an enemy combatant. 2. All of the above are decisions made in the Hamdi case. 3. Persons the president designates as an enemy combatant do not have to be granted an opportunity to rebut those charges. 4. All persons accused of being terrorists had the right to a lawyer. Score: 1/1 Correct Answer Feedback
47.
The written opinions of appellate courts have been described as halfway between
_____ and _____. Student Response 1. public law; private law 2. common law; statutory law 3. civil law; constitutional law 4. stare decisis; administrative rulemaking Score: 1/1 Correct Answer Feedback
48.
In Roe v. Wade, the Supreme Court was required to rule on the issue of _____, due to the fact that the pregnancy had already come to term. Student Response 1. ripeness 2. mootness 3. standing 4. jurisdiction Score: 1/1 Correct Answer Feedback
49.
Which of the following is not part of the Miranda rule? Student Response 1. Arrested people have a right to remain silent. 2. Arrested people have the right to know that anything they say will be used Correct Answer Feedback
against them. 3. Arrested people have a right to a lawyer present during interrogations. 4. All of the above are part of the Miranda rule. Score: 1/1
50.
The requirement of standing means that parties in a case must Student Response 1. be present in court during the trial. 2. know the law they are using to defend themselves. 3. have a concrete injury or interest at stake. 4. be alive. Score: 1/1 Correct Answer Feedback
51.
The case Baker v. Carr concerns Student Response 1. apportionment of legislative seats. 2. unwarranted searches and seizures. 3. the separation Correct Answer Feedback
of church and state. 4. desegregation of schools. Score: 1/1
52.
Cases between two or more states are originally heard by Student Response 1. the Supreme Court. 2. both state supreme courts simultaneously. 3. the federal district court in the state that initiates the lawsuit. 4. the federal circuit court of appeals. Score: Correct Answer Feedback
1/1
53.
Most cases reach the Supreme Court through the Student Response 1. writ of amicus curiae. 2. writ of appeal. 3. writ of habeas corpus. 4. writ of certiorari. Score: Correct Answer Feedback
1/1
54.
Prisoners who are challenging their conviction are most likely to file a writ of Student Response 1. habeas corpus. 2. stare decisis. 3. jurisdiction. 4. certiorari. Score: 1/1 Correct Answer Feedback
55.
Which of the following best describes the role of the solicitor general? Student Response 1. the chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals 2. the chief legal council for the White House 3. the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party 4. the head of the Department of Justice Score: 1/1 Correct Answer Feedback
56.
A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) _____ brief. Student Response 1. standing 2. amicus curiae 3. per curiam 4. certiorari Score: 1/1 Correct Answer Feedback
57.
When the Supreme Court refuses to review a lower-court decision, announcing this decision through a brief unsigned opinion, it is called _____ opinion. Student Response 1. an ex parte 2. an amicus curiae 3. a concurrence 4. a per curiam Score: 1/1 Correct Answer Feedback
58.
Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the Supreme Court? Student Response 1. the state supreme courts 2. the attorney general 3. the Senate judiciary committee 4. the solicitor Correct Answer Feedback
general Score: 1/1
59.
Each Supreme Court justice is assigned _____ clerk(s). Student Response 1. four 2. fifteen 3. one 4. ten Score: 1/1 Correct Answer Feedback
60.
When interest groups involved in litigation pursue what is called a pattern of cases, then they are Student Response 1. filing multiple friend of the court briefs, in the hope of influencing the legal arguments of the Supreme Court. 2. using legal arguments that have won in the past. 3. shopping around for the district where the likelihood of a favorable decision is highest. 4. bringing the same type of Correct Answer Feedback
suit into multiple circuits, hoping that a contradiction in rulings will bring about a Supreme Court review. Score: 1/1
61.
The written document in which attorneys explain why the court should rule in favor of their client is called a/an Student Response 1. writ of habeas corpus. 2. intervention. 3. writ of certiorari. 4. brief. Score: 1/1 Correct Answer Feedback
62.
Under normal rules of oral argument, each lawyer has _____ to present his or her case before the Supreme Court. Student Response 1. an hour 2. ninety minutes 3. a half-hour 4. two hours Score: 1/1 Correct Answer Feedback
63.
When justices agree with the ruling of a court majority but not all of its
reasoning, they may often write a(n) Student Response 1. per curiam. 2. concurrence. 3. ex parte. 4. dissent. Score: 0/1 Correct Answer Feedback
64.
What is the significance of dissenting opinions? Student Response 1. They have as much weight of law as the majority's opinion does. 2. Dissents are meant to confuse lawyers and government officials as to the true meaning of a decided case. 3. They are made to appeal to a justice's constituency groups. 4. Dissents are signs that the Court is in disagreement on an issue and could change its ruling. Score: 1/1 Correct Answer Feedback
65.
If someone is an advocate of judicial restraint, he or she believes Student Response 1. that the Court should beware of overturning the judgments of popularly elected legislatures. 2. that judges should limit their interpretations to the intention of the law's framers. 3. in looking only at the words of the Constitution in order to understand its meaning. 4. all of the above Score: 1/1 Correct Answer Feedback
66.
Activist judges believe that the courts should Student Response 1. be more aggressive and ideological than the president when vacancies occur on the court. 2. always overrule state Correct Answer Feedback
legislatures and governors when making decisions. 3. interpret the U.S. Constitution according to the intentions of its framers and to defer to the views of Congress when interpreting federal statutes. 4. go beyond the words of a Constitution or a statute to consider the broader societal implications of its decisions. Score: 1/1
67.
Which of the following is not a traditional limitation on the power of the federal courts? Student Response 1. the ability of Congress to reduce federal judges' salaries 2. strict rules of standing 3. the inability of the courts to enforce their own decisions 4. the inability of the court to Correct Answer Feedback
offer relief to whole classes of people Score: 1/1
68.
Andrew Jackson reputedly said, "John Marshall has made his decision, now let him enforce it." What did he mean by this statement? Student Response 1. Jackson wasn't going to let Marshall serve him a subpoena. 2. The Supreme Court is unable to enforce its decisions without the aid of the executive branch. 3. It was time for Marshall to become an attorney general. 4. The federal courts depend on Congress to fund the judicial police force. Score: 1/1 Correct Answer Feedback
69.
Each of the following has been a method by which the federal courts have expanded their power, except Student Response 1. liberalizing the Correct Answer Feedback
concept of standing. 2. broadening the scope of relief from individuals to entire groups. 3. narrowing the discretionary authority of the president over foreign affairs and diplomacy. 4. holding onto jurisdiction over a case until the court's decision has been carried out. Score: 1/1
70.
A single lawsuit involving thousands of smokers suing a tobacco company would be a good example of Student Response 1. a plea bargain. 2. public law. 3. a class action suit. 4. amicus curiae. Score: 1/1 Correct Answer Feedback