The Judiciary: The Balancing Branch
Response to the following multiple choice questions:
1. The __________ Act of 1789 established the basic three-tiered structure of the federal court system.
a. Federal Courts b. Appellate c. Confirmation d. Interpretation e. Judiciary
2. How many justices currently serve on the Supreme Court?
a. five b. six c. twelve d. nine e. eight
3. In which of the following cases did the Supreme Court first claim the right of judicial review?
a. Chishom v. Georgia b. Brown v. Board of Education c. United States v. Nixon
d. Dred Scott v. Sandford e. Marbury v. Madison
4. __________ law governs relations between individuals and defines their legal rights.
a. Criminal b. Judicial c. Civil d. Tort e. Adversary
5. What is known as the power to interpret the Constitution?
a. adversary system b. judicial review c. common law d. justiciable dispute e. constitutional law
6. Which of the following represents the federal government in the Supreme Court?
a. attorney general b. president c. Speaker of the House d. solicitor general e. chief prosecutor
7. Which of the following is the authority vested in a particular court to hear and decide the issues in a particular case?
a. jurisdiction b. judicial review c. jurisprudence d. confirmation e. filibuster
8. A(n) __________ brief is submitted by someone who is not a party to the case.
a. amicus curiae b. appellate c. habeas corpus d. outsider e. coramnobis
9. The U.S. courts of appeals are divided into __________ judicial circuits in the states and U.S. territories; another court of appeal is located in the District of Columbia.
a. nine b. twelve c. thirteen d. eleven e. six
10. The ruling in which of the following cases struck down state-mandated segregation in public schools?
a. Gideon v. Wainwright b. McCulloch v. Maryland c. Brown v. Board of Education
d. Marbury v. Madison e. Plessy v. Ferguson
11. Who attempted to expand the number of Supreme Court justices in 1937?
a. Chief Justice Warren b. President Hoover c. Chief Justice Marshall
d. President Roosevelt e. President Wilson
12. Proponents of which of the following believe that judges should use their power broadly to further justice?
a. judicial restraint b. judicial constructionism c. judicial activism
d. judicial originalism e. judicial implementation
13. Federal courts have writ of __________ jurisdiction, or the power to release persons from custody if a judge determines they are not being detained constitutionally.
a. amicus b. curiae c. certiorari d. in forma pauperis e. habeas corpus
14. Although the Court resolves many issues, it also sometimes __________ the case, sending it back to the lower court with instructions to act in accordance with its opinion.
a. remands b. denies c. rejects d. discards e. recommends
15. In 1869, Republicans altered the Court's appellate jurisdiction in order to prevent Supreme Court review of the constitutionality of which type of legislation?
a. anti-slavery b. prohibition c. voter's rights d. reconstruction e. income tax
16. Which of the following is within the original jurisdiction of the Supreme Court?
a. federal criminal matters b. tax disputes c. military tribunals
d. controversies between the states e. property disputes
17. Just because judges make independent decisions does not mean they are free to do whatever they wish; which of the following concepts constrains judicial activism?
a. the rule of four b. judicial review c. supremacy d. originalism e. the rule of precedent
18. If you sue your neighbor over damage to your property, how are you referred to in the legal documents?
a. defendant b. prosecutor c. plaintiff d. adversary e. initiator
19. In court rulings, reliance on past decisions to formulate decisions in new cases is known as which of the following?
a. per curiam b. stare decisis c. coramnobis d. amicus curiae e. common law
20. In a process known as __________, presidents generally allow senators from the state in which a judicial vacancy occurs to block the
nomination.
a. advice and consent b. presidential deference c. judicial review d. senatorial courtesy
e. Senate confirmation
21. The Supreme Court has __________ jurisdiction, the authority to hear a case essentially as a trial court would, only in cases involving ambassadors and other consuls, and cases in which a state or states are a party.
a. appellate b. circuit c. district d. constitutional e. original
22. According to the principle of __________, a court should not overturn precedent unless it is absolutely necessary.
a. original intent b. judicial review c. stare decisis d. prior restraint e. judicial privilege
23. Which of the following can modify a decision of the Supreme Court?
a. executive order b. federal statute c. lower court decision d. constitutional amendment
e. writ of certiorari
24. Who heads the entire federal judiciary?
a. the president b. the attorney general c. the solicitor general
d. the Supreme Court clerk of courts e. the chief justice of the Supreme Court
25. What could denying a writ of certiorari by the Supreme Court mean?
a. Justices wish to establish precedent. b. Justices agree with the decision of a lower court.
c. Justices are united on an issue. d. Justices may wish to avoid a political hot potato.
e. Justices may not want an issue to "percolate" in the federal courts.
True-False Questions:
26. The Judiciary Act of 1789 established the federal circuit courts and district courts.
27. Litigants have an automatic right of appeal to the Supreme Court.
28. There is a constitutional right to a jury at all state and federal trials.
29. The Supreme Court has original jurisdiction over cases involving ambassadors and cases in which a state or states are a party.
30. The Supreme Court regularly exercises its original jurisdiction.
31. Appellate jurisdiction allows the Supreme Court to review decisions of other federal courts and agencies and appeals from state supreme court decisions that raise questions of federal law.
32. The United States has a dual system of justice.
Fill-in-the-Blank Questions:
33. Other than the __________ jurisdiction the Constitution grants to the Supreme Court, no federal court has any jurisdiction except that granted to it by an act of Congress.
34. All district court decisions can be __________, or taken to a higher court for further review.
35. The parties that raise a civil case must have standing to __________.
36. Of all the federal courts, only the __________ is established by the Constitution.
37. Judges in the circuit courts of appeal are bound by __________, or decisions previously made by courts of appeals and the Supreme Court.
38. The circuit courts hear appeals from the __________ courts.
39. According to Figure 13.3, The Supreme Court Caseload, the size of the Supreme Court docket has grown significantly since 1930; during that same time, the number of cases heard by the Court __________.
40. In a __________, the defendant generally agrees to plead guilty to a lesser offense in order to avoid trial on a more serious offense.
41. The president, with the __________ and __________ of the Senate, appoints all federal judges.
42. Article III guarantees that the __________ of federal judges will not be reduced during their service on the bench.
43. The solicitor general handles all appeals on behalf of the __________ before the Supreme Court.
44. If a justice agrees with the majority on how the case should be decided but differs on the reasoning, that justice may write a(n) __________ opinion.
45. Justices who do not agree with the majority in a Supreme Court ruling can write __________ opinions.
46. If North Dakota sues South Dakota, the case will be heard by the __________.
47. Judicial __________ encourages deference to the policy judgments of elected branches of government.