Question 1

Opposition to the judiciary's creative policy-making role is a consistent tenet of judicial

Accepted Answer

A)  activism.
B)  liberalism.
C)  restraint.
D)  conservatism.
E)  relativism.F) A) and C)
G) None of the above

Question 2

The Supreme Court decision in Marbury v.Madison is significant

Accepted Answer

A)  as the first instance of the court ruling on a state matter.
B)  as the first use of judicial activism.
C)  for the establishment of judicial review.
D)  as the first instance of the Court ruling on a disagreement between states.
E)  as the Court's first non-majority opinion.F) A) and E)
G) A) and D)

Question 3

According to the doctrine of judicial restraint,the judiciary should

Accepted Answer

A)  defer to precedent and to decisions made by legislature.
B)  deny most appeals for retrials.
C)  deny individual rights when they conflict with the majority's desires.
D)  decline to make any decision that requires judges to give added meaning to the words of the Constitution.
E)  conform to the will of the people as measured by public opinion polls.F) A) and E)
G) All of the above

Question 4

Of the following Supreme Court justices,which has been the MOST conservative?

Accepted Answer

A)  Anthony Kennedy
B)  Earl Warren
C)  Ruth Bader Ginsburg
D)  Clarence Thomas
E)  Thurgood MarshallF) A) and C)
G) B) and D)

Question 5

The term stare decisis refers to

Accepted Answer

A)  adherence to precedent.
B)  judicial activism.
C)  judicial restraint.
D)  judicial review.
E)  excessive partisanship.F) C) and E)
G) A) and B)

Question 6

What role does partisanship play in federal court appointments?

Accepted Answer

Federal judges are political officials w...

Question 7

A writ of certiorari is

Accepted Answer

A)  a request to a lower court to submit to the Supreme Court a record of the case it has been requested to hear.
B)  the statement explaining the reasoning behind a Supreme Court decision.
C)  the official transcript of Supreme Court proceedings.
D)  a statement from a group not directly involved in a Supreme Court case,indicating the group's opinion on the legal issue at hand.
E)  an application for a waiver of court fees due to indigence.F) None of the above
G) A) and D)

Question 8

A concurring opinion

Accepted Answer

A)  explains the chief justice's position on a case.
B)  is a separate view written by a justice who votes with the majority but disagrees with its reasoning.
C)  is delivered when the Court interprets a constitutional issue.
D)  is delivered when at least two justices,but less than a majority,hold the same opinion in a case.
E)  explains why the Court accepted the case in the first place.F) None of the above
G) A) and B)

Question 9

When asked if he had made any mistakes as president,________ replied,"Yes,two,and they are both sitting on the Supreme Court."

Accepted Answer

A)  Ronald Reagan
B)  Jimmy Carter
C)  Richard Nixon
D)  Lyndon Johnson
E)  Dwight EisenhowerF) A) and E)
G) A) and D)

Question 10

Originalism theory

Accepted Answer

A)  is a prominent philosophy among conservatives.
B)  bolsters the principles of most liberals.
C)  currently has no adherents on the Supreme Court.
D)  is easy to implement.
E)  None of these answers is correct.F) C) and E)
G) A) and B)

Question 11

The appointment of this Supreme Court justice in 2006 swung the Supreme Court to the right:

Accepted Answer

A)  Ruth Bader Ginsburg.
B)  Samuel Alito.
C)  John Roberts.
D)  Elena Kagan.
E)  Antonin Scalia.F) A) and B)
G) B) and D)

Question 12

A written Supreme Court opinion that describes what the majority of the justices decided is a

Accepted Answer

A)  majority opinion.
B)  plurality opinion.
C)  dissenting opinion.
D)  concurring opinion.
E)  adjunct opinion.F) A) and B)
G) None of the above

Question 13

A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a

Accepted Answer

A)  writ of certiorari.
B)  landmark decision.
C)  writ of mandamus.
D)  precedent.
E)  writ of error.F) All of the above
G) B) and C)

Question 14

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) A) and B)
G) B) and D)

Question 15

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

Question 16

The appointment of federal judges is influenced MOST substantially by

Accepted Answer

A)  partisanship.
B)  logrolling.
C)  pork barreling.
D)  affirmative action.
E)  personal friendships.F) A) and E)
G) A) and B)

Question 17

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) None of the above
G) A) and D)

Question 18

The facts of a case

Accepted Answer

A)  are largely irrelevant,in that the judiciary has wide freedom with decisions.
B)  affect which law or laws will apply to the case.
C)  are important only if the case involves a statutory dispute.
D)  are important only if the case involves a constitutional dispute.
E)  are important about 50 percent of the time.F) A) and E)
G) C) and E)

Question 19

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) A) and E)
G) C) and E)

Question 20

The "federal court myth" overlooks the fact that

Accepted Answer

A)  most cases arise under state law,not federal law.
B)  nearly all cases that originate in state courts are never reviewed by federal courts.
C)  federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.
D)  most cases arise under state law,not federal law;nearly all cases that originate in state courts are never reviewed by federal courts;and federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.
E)  None of these answers is correct.F) A) and D)
G) D) and E)

Exam 14: The Federal Judicial System: Applying the Law

A written Supreme Court opinion that describes what the majority of the justices decided is a

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A writ of certiorari is

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The term stare decisis refers to

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Of the following Supreme Court justices,which has been the MOST conservative?

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The "federal court myth" overlooks the fact that

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A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a

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According to the doctrine of judicial restraint,the judiciary should

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

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The Supreme Court decision in Marbury v.Madison is significant

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

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Originalism theory

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The appointment of this Supreme Court justice in 2006 swung the Supreme Court to the right:

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The appointment of federal judges is influenced MOST substantially by

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The lowest level of the federal court system is the

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A concurring opinion

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The facts of a case

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Opposition to the judiciary's creative policy-making role is a consistent tenet of judicial

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What role does partisanship play in federal court appointments?

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

When asked if he had made any mistakes as president,________ replied,"Yes,two,and they are both sitting on the Supreme Court."

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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

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Federal judges are political officials w...
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