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POLS 1113 American Federal Government

The outlines of the federal judicial branch can be found in __ of the Constitution.. a. Article I d. the Preambleb. Article II e. the Bill of Rightsc. Article III. In the federal court system, courts lower than the Supreme Court are established by

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POLS 1113 American Federal Government

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    1. POLS 1113 American Federal Government Chapter 9: The Judiciary

    2. The outlines of the federal judicial branch can be found in __ of the Constitution. a. Article I d. the Preamble b. Article II e. the Bill of Rights c. Article III Answer: C Page Ref: 300Answer: C Page Ref: 300

    3. In the federal court system, courts lower than the Supreme Court are established by a. the president. d. Congress. b. the Supreme Court. e. the state where proposed c. Article III. courts are to be established. Answer: D Page Ref: 300Answer: D Page Ref: 300

    4. Judicial review, the power of the judiciary to review and nullify acts of the other branches of government, was established for the national government in a. Article III. d. Gibbons v. Ogden. b. Marbury v. Madison. e. Martin v. Hunters c. McCulloch v. Lesse. Maryland. Answer: B Page Ref: 300Answer: B Page Ref: 300

    5. The Judiciary Act of 1789 a. established the state court systems. b. granted the Supreme Court the power of c. created the Supreme Court and its jurisdictions. d. determined the procedure by which the president could present political questions to the Supreme Court. e. established the basic structure of the federal court system. Answer: E Page Ref: 302Answer: E Page Ref: 302

    6. Among the checks on the powers of the judiciary are a. decisions can be reversed by constitutional amendment. b. Congress can alter the jurisdiction of the Supreme Court. c. judges can be impeached and removed from office. d. all of the above e. none of the above. Answer: E Page Ref: 302Answer: E Page Ref: 302

    7. Since 1869, the Supreme Court has consisted of __ justices. a. 6 d. 9 b. 7 e. 10 c. 8 Answer: D Page Ref: 304Answer: D Page Ref: 304

    8. __ jurisdiction refers to those courts who have the authority to hear a case at the start of the judicial process. a. Original d. Petition b. Appellate e. Common c. Statutory Answer: A Page Ref: 306Answer: A Page Ref: 306

    9. In a civil case, the party who brings a case against a defendant is described as the a. State. d. attorney general. b. offended party. e. party of the first part. c. plaintiff. Answer: C Page Ref: 307Answer: C Page Ref: 307

    10. Most cases heard before the Supreme Court fall under the courts __ jurisdiction. a. original d. military b. appellate e. international c. political Answer: B Page Ref: 309Answer: B Page Ref: 309

    11. The U.S. Supreme Court can hear appeals from a. lower federal courts. b. state high courts. c. the Court of Military Appeals. d. any outcome in which the Court agrees to hear on expedited appeal. e. all of the above. Answer: E Page Ref: 309Answer: E Page Ref: 309

    12. In general, appellate courts a. determine the credibility of the facts of a case. b. review the legal procedures of a case, and not the facts. c. hear only criminal cases. d. hear only civil cases. e. hear only capital cases in which the state is seeking the death penalty. Answer: B Page Ref: 310Answer: B Page Ref: 310

    13. A document containing the collected legal arguments in a case that is filled with a court prior to trial is called a(n) a. advocacy essay. d. brief. b. precedent. e. amicus curaie. c. initiative. Answer: D Page Ref: 310Answer: D Page Ref: 310

    14. The justices of the Supreme Court are a. elected in nonpartisan balloting. b. nominated by the president and confirmed by the Senate. c. appointed by the president. d. nominated by the House of Representatives and confirmed by the Senate. e. proposed by the Senate, selected by the president, and confirmed by the House of Representatives. Answer: B Page Ref: 312Answer: B Page Ref: 312

    15. In general, a nominee for the Supreme Court must fit certain criteria, including a. legal competence. b. the particular religious, gender, or ethnic exigencies that exist at that particular time. c. conformity with the ideological preferences of the nominating president. d. the ability to avoid antagonizing partisan opponents in the Senate. e. all of the above. Answer: E Page Ref: 315Answer: E Page Ref: 315

    16. In judicial decision-making, a reliance on past decisions otherwise known as precedents to formulate decisions on new cases before the court is called a. solicitation. d. stare decisis. b. amicus curaie. e. caveat emptor. c. judicial activism. Answer: D Page Ref: 311Answer: D Page Ref: 311

    17. The Supreme Court has had __ African-American members in its history. a. 2 d. 15 b. 5 e. 42 c. 7 Answer: A Page Ref: 317Answer: A Page Ref: 317

    18. The Supreme Court has had __ female members in its history. a. no d. 4 b. 1 e. 10 c. 2 Answer: C Page Ref: 317Answer: C Page Ref: 317

    19. Which of the following presidents was most successful at appointing racial minorities and women? a. Ronald Reagan d. Bill Clinton b. Jimmy Carter e. George W. Bush c. George H. W. Bush Answer: D Page Ref: 316Answer: D Page Ref: 316

    20. __ is a theory in vogue among judicial conservatives that judges and justices should seek to identify the original intentions of the Framers of the Constitution in making decisions. Deconstructionism d. Strict constructionism b. Textualism e. Madisonianism c. Judicial activism Answer: D Page Ref: 315Answer: D Page Ref: 315

    21. The Supreme Court has had __ Jewish members in its history. a. 1 d. 5 b. 2 e. 7 c. 3 Answer: E Page Ref: 318Answer: E Page Ref: 318

    22. During the 2003-2004 term, __ petitions were filed with the Supreme Court. a. 53 d. 98,883 b. 90 e. over 1 million c. 20,071 Answer: D Page Ref: 320Answer: D Page Ref: 320

    23. During the 2003-2004 term, the Supreme Court actually handed down __ signed opinions. a. 4 d. 2,002 b. 73 e. 423,975 c. 99 Answer: B Page Ref: 320Answer: B Page Ref: 320

    24. Since the current chief justices elevation to the top position on the Supreme Court, nearly all appellate cases that have been accepted by the Court have arrived through a. expedited appeal. d. advisory opinions from b. a writ of certiorari. state supreme courts. c. a writ in forma e. amicus curaie briefs. pauperis. Answer: B Page Ref: 322Answer: B Page Ref: 322

    25. Generally, cases that the Supreme Court will accept share certain characteristics, including a. conflicts among circuit courts. b. cases that trigger the ideological or policy preferences of sitting justices. c. the federal government asks the Court for a review. d. the case presents a civil rights or civil liberties question. e. all of the above. Answer: E Page Ref: 324 If you miss this one, you need to go back to high school!Answer: E Page Ref: 324 If you miss this one, you need to go back to high school!

    26. The __ is the fourth-ranking member of the Justice Department who handles all appeals before the Supreme Court on behalf of the administration. a. Secretary of Justice d. ombudsman b. Associate Attorney e. procurator General c. solicitor general Answer: C Page Ref: 324Answer: C Page Ref: 324

    27. Interest groups often attempt to influence the judicial process through the filing of __ in order to advance their policy preferences through the court system. a. pecuniary briefs d. amicus curaie briefs b. certiorari briefs e. honorariums c. monetary donations Answer: D Page Ref: 324Answer: D Page Ref: 324

    28. During Supreme Court conferences, justices speak in order by a. seniority. d. recognition by the chief b. age. justice. c. gender. e. expertise relative to that particular case. Answer: A Page Ref: 325Answer: A Page Ref: 325

    29. A(n) opinion is issued by the Court when there is no majority opinion. a. seriatim d. concurring b. dissenting e. joint c. plurality Answer: C Page Ref: 326Answer: C Page Ref: 326

    30. A(n) opinion is the expression of at least five of the justices, and has the force of law. a. minority d. majority b. concurring e. dissenting c. seriatim Answer: D Page Ref: 326Answer: D Page Ref: 326

    31. When a justice disagrees with the decision of the rest of the justices, they may issue a separate __ opinion laying out their rationale for how the case should have been decided. a. majority d. concurring b. pur curiam e. demurral c. dissenting Answer: C Page Ref: 326Answer: C Page Ref: 326

    32. When a justice agrees with the decision of the Court but disagrees on the reasoning for the decision, they may issue a __ opinion laying out their alternative rationale for how the Courts decision ought to have been reasoned. a. demurral d. minority b. concurring e. plurality c. dissenting Answer: B Page Ref: 326Answer: B Page Ref: 326

    33. The idea that judges and justices should use their power broadly to further the end of a more just society is called a. stare decisis. d. judicial activism. b. judicial restraint. e. a judiciary run amok. c. original intent. Answer: 327Answer: 327

    34. Judicial decisions are translated into actual public policy through a. judicial implementation. b. the executive branchs active enforcement of a ruling. c. the executive branchs passive enforcement of a ruling. d. Congress ability and desire to fund implementation. e. all of the above. Answer: E Page Ref: 333Answer: E Page Ref: 333

    35. Judicial decisions are most likely to be smoothly implemented if a. the decision is clear and easily understood. b. responsibility falls to a single or small group of highly visible officials. c. those affected by the decision know about the decision and its implications. d. all of the above. e. none of the above. Answer: D Page Ref: 333Answer: D Page Ref: 333

    36. Supreme Court clerks perform all of the following tasks EXCEPT a. initial screening of petitions to the Supreme Court. b. draft summary memos of the facts & issues relevant to each case. c. Write first drafts of opinions. d. draft bench memos suggesting lines of questioning for oral arguments. e. order writs of certiorari on certain classes of cases where they have a clear expertise. Answer: E Page Ref: 323Answer: E Page Ref: 323

    37. True/False Universe

    38. The Supreme Court can refuse to hear an appeal of a lower court decision. True b. False Answer: True Page Ref: Instructor told you so!Answer: True Page Ref: Instructor told you so!

    39. Today the role of the courts is very similar to that envisioned by the Constitutions framers. a. True b. False Answer: False Page Ref: 299Answer: False Page Ref: 299

    40. Courts do not make policy. a. True b. False Answer: False Page Ref: 300Answer: False Page Ref: 300

    41. The Constitution set the membership to the Supreme Court at nine. a. True b. False Answer: False Page Ref: 304Answer: False Page Ref: 304

    42. Marbury v. Madison (1803) first asserted the doctrine of judicial review. a. True b. False Answer: True Page Ref: 305Answer: True Page Ref: 305

    43. In courts of original jurisdiction, judges determine matters of law, not fact. a. True b. False Answer: False Page Ref: 306Answer: False Page Ref: 306

    44. The bulk of judicial work in the federal system takes place in the Supreme Court. a. True b. False Answer: False Page Ref: 308Answer: False Page Ref: 308

    45. The Supreme Courts original jurisdiction includes cases involving two or more states. a. True b. False Answer: True Page Ref: 309Answer: True Page Ref: 309

    46. Currently, there are 94 federal district courts distributed throughout the United States. a. True b. False Answer: True Page Ref: 309Answer: True Page Ref: 309

    47. The principle of stare decisis states that courts must rely on past decisions in the process of deciding new cases. a. True b. False Answer: True Page Ref: 309Answer: True Page Ref: 309

    48. There have been seven female justices and five African Americans members of the Supreme Court. a. True b. False Answer: False Page Ref: 317Answer: False Page Ref: 317

    49. Interest groups are forbidden to lobby the federal courts at all levels. a. True b. False Answer: False Page Ref: 318Answer: False Page Ref: 318

    50. The Supreme Court will approve a writ of certiorari if a majority of judges vote in favor. a. True b. False Answer: False Page Ref: 322Answer: False Page Ref: 322

    51. Few Senate confirmation votes on Supreme Court justices are close. a. True b. False Answer: True Page Ref: 319Answer: True Page Ref: 319

    52. Supreme Court clerks exert a great deal of influence over the workings of the Court. a. True b. False Answer: True Page Ref: 323Answer: True Page Ref: 323

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