CH-10 The Judiciary – Government by the People : Exam Guide

Chapter 10 – The Judiciary Reading Comprehension Quiz Multiple Choice Questions 1. Your text defines an adversary system as A. the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter. B. the power of a court to refuse to enforce a law. C. the authority of a court to review decisions made by lower courts. D. a dispute growing out of an actual case or controversy that is capable of settlement by legal methods. E. the authority of a court to hear a case “in the first instance.” Answer: A 2. Law that governs relationships between individuals and defines their legal rights is called A. criminal law. B. civil law. C. a defendant. D. a plaintiff. E. a plea bargain. Answer: B 3. An agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense is called A. criminal law. B. civil law. C. a defendant. D. a plaintiff. E. a plea bargain. Answer: E 4. A law that defines crimes against the public order is called a A. criminal law. B. civil law. C. law of defense. D. plaintiff’s law. E. plea bargain. Answer: A 5. Your text defines a justiciable dispute as A. the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter. B. the power of a court to refuse to enforce a law. C. the authority of a court to review decisions made by lower courts. D. a dispute growing out of an actual case or controversy that is capable of settlement by legal methods. E. the authority of a court to hear a case “in the first instance.” Answer: D 6. The authority of a court to review decisions made by lower courts is called A. an adversary system. B. judicial review. C. an appellate jurisdiction. D. a justiciable dispute. E. an original jurisdiction. Answer: C 7. A precedent is A. the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court. B. an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys. C. a court with appellate jurisdiction that hears appeals from the decisions of lower courts. D. a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts. E. a court order requiring explanation to a judge as to why a prisoner is being held in custody. Answer: D 8. A court order requiring explanation to a judge as to why a prisoner is being held in custody is called A. a writ of habeas corpus. B. stare decisis. C. an amicus curiae brief. D. in forma pauperis. E. a writ of certiorari. Answer: A 9. What is the philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution? A. Judicial activism B. Judicial oversight C. Judicial courtesy D. Judicial restraint E. Judicial compromise Answer: D 10. Senatorial courtesy refers to the A. scheduling of the Senate vote on nominees. B. deference senators show toward the president’s Supreme Court nominee. C. consultation of senators on the nomination of federal judges in their states. D. treatment of nominees during Senate confirmation hearings. E. None of the above Answer: C 11. A philosophy proposing that judges should strike down laws that are inconsistent with norms and values stated or implied in the Constitution is called A. judicial activism. B. a priori resistance. C. judicial restraint. D. striking activism. E. violable activism. Answer: A 12. A writ of certiorari is A. the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. B. literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. C. a petition that allows a party to file “as a pauper” and avoid paying Court fees. D. a formal writ used to bring a case before the Supreme Court. E. a court order requiring explanation to a judge as to why a prisoner is being held in custody. Answer: D 13. The list of potential cases that reach the Supreme Court is known as a(n) A. concurring opinion. B. opinion of the Court. C. dissenting opinion. D. docket. E. senatorial courtesy. Answer: D 14. Literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case, is a(n) A. writ of habeas corpus. B. stare decisis. C. amicus curiae brief. D. in forma pauperis. E. writ of certiorari. Answer: C 15. The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented, is known as A. the writ of habeas corpus. B. stare decisis. C. an amicus curiae brief. D. in forma pauperis. E. a writ of certiorari. Answer: B True/False Questions 1. A law that defines crimes against the public order is called a criminal law. Answer: True 2. In the adversarial system of justice, judges are expected to be active participants. Answer: False 3. A court with appellate jurisdiction that hears appeals from the decisions of lower courts is called a court of appeals. Answer: True 4. Decisions of the Circuit Court of Appeals are frequently appealed to the Supreme Court. Answer: False 5. The custom of senatorial courtesy is NOT observed in the selection of Supreme Court justices. Answer: True 6. A philosophy proposing that judges should strike down laws that are inconsistent with norms and values stated or implied in the Constitution is called judicial activism. Answer: True 7. An opinion disagreeing with the majority in a Supreme Court ruling is called an opinion of the court. Answer: False 8. Amicus curiae brief literally means “friend of the court” brief. Answer: True 9. The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented, is called stare decisis. Answer: True 10. Whether or not a court’s decision will be obeyed is an issue of compliance. Answer: True Chapter Examination Multiple Choice Questions 1. Your text defines judicial review as A. the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter. B. the power of a court to refuse to enforce a law. C. the authority of a court to review decisions made by lower courts. D. a dispute growing out of an actual case or controversy that is capable of settlement by legal methods. E. the authority of a court to hear a case “in the first instance.” Answer: B 2. The view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter is called A. an adversary system. B. judicial review. C. an appellate jurisdiction. D. a justiciable dispute. E. an original jurisdiction. Answer: A 3. A dispute growing out of an actual case or controversy that is capable of settlement by legal methods is A. an adversary system. B. judicial review. C. an appellate jurisdiction. D. a justiciable dispute. E. an original jurisdiction. Answer: D 4. The party initiating a civil lawsuit is called A. criminal law. B. civil law. C. the defendant. D. the plaintiff. E. a plea bargain. Answer: D 5. A criminal law is A. a law that defines a crime against the public order. B. a law that governs relationships between individuals and defines their legal rights. C. the person or party accused of an offense in a criminal action. D. the party instigating a civil lawsuit. E. an agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. Answer: A 6. A defendant is A. a law that defines a crime against the public order. B. a law that governs relationships between individuals and defines their legal rights. C. the person or party accused of an offense in a criminal action. D. the party instigating a civil lawsuit. E. an agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. Answer: C 7. A plaintiff is A. a law that defines a crime against the public order. B. a law that governs relationships between individuals and defines their legal rights. C. the person or party accused of an offense in a criminal action. D. the party initiating a civil lawsuit. E. an agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. Answer: D 8. A plea bargain is A. a law that defines a crime against the public order. B. a law that governs relationships between individuals and defines their legal rights. C. the person or party accused of an offense in a criminal action. D. the party initiating a civil lawsuit. E. an agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. Answer: E 9. In the adversarial system of justice, judges are expected to be A. impartial arbiters. B. passive litigants. C. advocates. D. active participants. E. constitutional constructivists. Answer: A 10. Defendants who cannot afford their own attorneys in criminal trials may be represented by A. a private attorney appointed by the court. B. a public defender. C. a solicitor general. D. Either A or B E. None of the above Answer: D 11. The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court is called A. the solicitor general. B. the public defender system. C. a court of appeals. D. a precedent. E. a writ of habeas corpus. Answer: A 12. An arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys is known as A. the solicitor general. B. the public defender system. C. a court of appeals. D. a precedent. E. a writ of habeas corpus. Answer: B 13. The solicitor general is A. the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court. B. an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys. C. a court with appellate jurisdiction that hears appeals from the decisions of lower courts. D. a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts. E. a court order requiring explanation to a judge as to why a prisoner is being held in custody. Answer: A 14. The public defender system is A. the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court. B. an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys. C. a court with appellate jurisdiction that hears appeals from the decisions of lower courts. D. a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts. E. a court order requiring explanation to a judge as to why a prisoner is being held in custody. Answer: B 15. What is known as the power of a court to refuse to enforce a law that in the opinion of the judges conflicts with the U.S. Constitution? A. Judicial review B. Oversight C. Adversarial power D. Judicial refusal E. Judicial restraint Answer: A 16. An adversary system of justice is one in which A. the police bring charges. B. judges are political appointees. C. the court is a neutral referee. D. justice is based on majority vote. E. None of the above Answer: C 17. Who is the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S Supreme Court? A. Attorney general B. Commissioner C. Solicitor general D. Public defender E. Surveyor general Answer: C 18. In a criminal action, the person or party accused of an offense is called a A. criminal. B. civilian. C. defendant. D. plaintiff. E. plea bargainer. Answer: C 19. Judicial review is A. the power to invalidate laws of Congress that conflict with the Constitution. B. not specifically mentioned in the U.S. Constitution. C. derived by Chief Justice Marshall from the supremacy clause. D. All of the above E. All of the above, except A Answer: D 20. A civil law is A. a law that defines a crime against the public order. B. a law that governs relationships between individuals and defines their legal rights. C. the offense of which a person is accused. D. a law that is not justiciable in court. E. a law that states that a prosecutor and a defendant may come to an agreement that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. Answer: B 21. There are five characteristics that distinguish the federal judiciary from Congress, the presidency, and the administrative system. Please indicate which of the following is NOT a characteristic of the federal judiciary. A. The federal judiciary is an adversary system. B. The federal judiciary is passive and reactive. C. Every person who stands before the court must have standing to sue. D. The federal judiciary decides whether a person will be prosecuted for a crime. E. All of the above are characteristics of the federal judiciary. Answer: D 22. Your text defines an appellate jurisdiction as A. the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter. B. the power of a court to refuse to enforce a law. C. the authority of a court to review decisions made by lower courts. D. a dispute growing out of an actual case or controversy that is capable of settlement by legal methods. E. the authority of a court to hear a case “in the first instance.” Answer: C 23. Your text defines an original jurisdiction as A. the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter. B. the power of a court to refuse to enforce a law. C. the authority of a court to review decisions made by lower courts. D. a dispute growing out of an actual case or controversy that is capable of settlement by legal methods. E. the authority of a court to hear a case “in the first instance.” Answer: E 24. A court of appeals is A. the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court. B. an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys. C. a court with appellate jurisdiction that hears appeals from the decisions of lower courts. D. a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts. E. a court order requiring explanation to a judge as to why a prisoner is being held in custody. Answer: C 25. A court with appellate jurisdiction that hears appeals from the decisions of lower courts is called A. the solicitor general. B. the public defender system. C. a court of appeals. D. a precedent. E. a writ of habeas corpus. Answer: C 26. A decision made by a higher court, such as a circuit court of appeals or the Supreme Court, that is binding on all other federal courts is called A. the solicitor general. B. the public defender system. C. a court of appeals. D. a precedent. E. a writ of habeas corpus. Answer: D 27. A writ of habeas corpus is A. the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court. B. an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys. C. a court with appellate jurisdiction that hears appeals from the decisions of lower courts. D. a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts. E. a court order requiring explanation to a judge as to why a prisoner is being held in custody. Answer: E 28. The three levels of the federal court system are A. district courts, circuit courts of appeal, and the Supreme Court. B. district courts, state supreme courts, and the U.S. Supreme Court. C. 50 district courts, 95 circuit courts of appeal, and 2 Supreme Courts. D. 95 district courts, 50 circuit courts of appeal, and 2 Supreme Courts. E. county courts, state courts, and federal courts, including the Supreme Court. Answer: A 29. How many district courts are there in the United States? A. 11 B. 12 C. 13 D. 94 E. 114 Answer: D 30. How many circuit courts of appeal are there in the United States? A. 11 B. 12 C. 13 D. 94 E. 114 Answer: C 31. Decisions of the circuit court of appeals are A. frequently overturned by the Supreme Court. B. seldom appealed to the Supreme Court. C. never overturned by the Supreme Court. D. not subject to the jurisdiction of the Supreme Court. E. indistinguishable from those of the Supreme Court. Answer: B 32. The Supreme Court has ______________ in cases involving ambassadors and diplomats. A. original jurisdiction B. no jurisdiction C. last jurisdiction D. tribunal jurisdiction E. None of the above Answer: A 33. Federal courts of appeal normally have A. original jurisdiction. B. a three-judge jury. C. grand juries. D. judges with ten-year terms. E. a twelve-person jury. Answer: B 34. A court order requiring explanation to a judge as to why a prisoner is being held in custody is referred to as A. a solicitor. B. a defender. C. an appeal. D. a precedent. E. a writ of habeas corpus. Answer: E 35. The Supreme Court’s most important function with regard to the lower courts is A. correcting technical mistakes they make. B. establishing legal precedents. C. settling jurisdictional disputes. D. reviewing trial court decisions. E. aiding in the impeachment process. Answer: B 36. The authority of a court to hear a case “in the first instance” is called A. an adversary system. B. judicial review. C. an appellate jurisdiction. D. a justiciable dispute. E. an original jurisdiction. Answer: E 37. Federal district courts are NOT A. courts of last resort. B. the only federal courts to regularly use juries. C. the courts that most often render the final decision for federal cases. D. courts of original jurisdiction. E. Federal district courts are all of the above. Answer: A 38. Key people or organizations in the selection of judges include A. the president. B. interest groups. C. party leaders in Congress. D. the Justice Department. E. All of the above Answer: E 39. The custom of senatorial courtesy is NOT observed in the selection of A. Supreme Court justices. B. Circuit Court of Appeals justices. C. district justices. D. Senior Circuit Court of Appeals justices. E. the chief justice of the Supreme Court. Answer: A 40. Who was NOT confirmed by the Senate as a Supreme Court justice? A. Robert Bork B. David Souter C. Clarence Thomas D. Stephen Breyer E. John Roberts Answer: A 41. A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution is known as A. judicial activism. B. a priori resistance. C. judicial restraint. D. striking activism. E. violable activism. Answer: C 42. All judicial nominations are referred to the ____________ for a hearing and committee vote. A. Office of Personnel Management B. Senate Judiciary Committee C. House Judiciary Committee D. Senate Nominations Committee E. House Nominations Committee Answer: B 43. The presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work is referred to as a(n) A. concurring statement. B. amicus curiae. C. dissenting opinion. D. docket. E. senatorial courtesy. Answer: E 44. The use of judicial activism A. is confined to liberal judges. B. is confined to conservative judges. C. occurs among liberal and conservative judges. D. is looked down upon by all judges. E. None of the above Answer: C 45. Judicial activism proposes that the Supreme Court should A. disregard judicial precedent. B. protect people from governmental interference in their private lives. C. interpret the law to achieve social justice. D. All of the above, except A E. All of the above, except B Answer: D 46. Which of the following statements about partisanship and judicial appointments is NOT correct? A. Partisanship was cited more often as a reason the Senate rejected court nominees in the last century than it is this century. B. Presidents most often ignore partisanship in their consideration of judicial nominees. C. Both Democratic and Republican presidents have made partisan judicial selections. D. The partisanship of judges influences their decisions. E. All of the above are correct statements. Answer: B 47. Major changes in the position of the Supreme Court are usually due to A. turnover in the membership of the Court. B. public opinion. C. a need to immediately address a new event or development. D. threats from Congress. E. threats from the president. Answer: A 48. There are _______ steps to a Supreme Court judgment. A. three B. four C. seven D. eight E. twelve Answer: D 49. A petition that allows a party to file “as a pauper” and avoid paying court fees is a(n) A. writ of habeas corpus. B. stare decisis. C. amicus curiae brief. D. in forma pauperis. E. writ of certiorari. Answer: D 50. A formal writ used to bring a case before the Supreme Court is called A. a writ of habeas corpus. B. stare decisis. C. an amicus curiae brief. D. in forma pauperis. E. a writ of certiorari. Answer: E 51. The second step to a Supreme Court judgment is A. reviewing appeals. B. granting the appeal. C. briefing the case. D. holding oral arguments. E. meeting in conference. Answer: B 52. The term docket refers to A. an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning. B. an opinion disagreeing with the majority in a Supreme Court ruling. C. the list of potential cases that reach the Supreme Court. D. the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. E. an explanation of a decision of the Supreme Court or any other appellate court. Answer: C 53. The third step to a Supreme Court judgment is A. reviewing appeals. B. granting the appeal. C. briefing the case. D. holding oral arguments. E. meeting in conference. Answer: C 54. The fourth step to a Supreme Court judgment is A. reviewing appeals. B. granting the appeal. C. briefing the case. D. holding oral arguments. E. meeting in conference. Answer: D 55. An amicus curiae brief is A. the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. B. literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. C. a petition that allows a party to file “as a pauper” and avoid paying Court fees. D. a formal writ used to bring a case before the Supreme Court. E. a court order requiring explanation to a judge as to why a prisoner is being held in custody. Answer: B 56. A concurring opinion is A. an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning. B. an opinion disagreeing with the majority in a Supreme Court ruling. C. the list of potential cases that reach the Supreme Court. D. the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. E. an explanation of a decision of the Supreme Court or any other appellate court. Answer: A 57. An opinion of the Court is A. an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning. B. an opinion disagreeing with the majority in a Supreme Court ruling. C. the list of potential cases that reach the Supreme Court. D. the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. E. an explanation of a decision of the Supreme Court or any other appellate court. Answer: E 58. The fifth step to a Supreme Court judgment is A. reviewing appeals. B. granting the appeal. C. briefing the case. D. holding oral arguments. E. meeting in conference. Answer: E 59. The sixth step to a Supreme Court judgment is A. meeting in conference. B. holding oral arguments. C. explaining the decision. D. writing the opinion. E. releasing the opinion. Answer: C 60. An explanation of a decision of the Supreme Court or any other appellate court is a(n) A. concurring opinion. B. opinion of the Court. C. dissenting opinion. D. docket. E. senatorial courtesy. Answer: B 61. The seventh step to a Supreme Court judgment is A. meeting in conference. B. holding oral arguments. C. explaining the decision. D. writing the opinion. E. releasing the opinion. Answer: D 62. The eighth step to a Supreme Court judgment is A. meeting in conference. B. holding oral arguments. C. explaining the decision. D. writing the opinion. E. releasing the opinion. Answer: E 63. The primary influence upon Supreme Court decisions is A. Supreme Court precedent. B. senatorial influence. C. congressional regulation. D. presidential pressure. E. the press. Answer: A 64. Law clerks are influential figures in the Supreme Court decision-making process because A. justices rely upon them to make initial decisions after oral arguments. B. justices rely upon them in the decision to grant certiorari. C. justices allow them to hear cases. D. they write final concurring opinions. E. they screen justices from the press. Answer: B 65. Within the Supreme Court, the chief justice A. is constitutionally required to be a man. B. is first among equals. C. is in charge of the other justices. D. is elected by the Senate. E. can remove another justice from office. Answer: B 66. Law clerks are drawn from A. district courts. B. courts of appeal. C. state congresses. D. recent law school graduates. E. state supreme courts. Answer: D 67. The Supreme Court will NOT move forward with a case unless A. all nine judges participate. B. six judges express agreement to hear it. C. at least four justices are interested in it. D. at least two judges are interested and represent majority opinion. E. all nine judges agree to hear it. Answer: C 68. A formal petition seeking to bring a case before the Supreme Court is called a(n) A. petition of decisis. B. in forma pauperis. C. writ of habeas corpus. D. writ of certiorari. E. writ of mandamus. Answer: D 69. The “rule of four” in Supreme Court procedure provides that four judges A. may adjourn the Court. B. grant a writ of certiorari. C. give priority to the order of hearing a case. D. are a quorum. E. may sit to hear a case if the others do not want to. Answer: B 70. Which of the following are filed by outside groups to make arguments specific to their members and of interest to the justices? A. Writs of certiorari B. Writs of habeas corpus C. Amicus curiae briefs D. In forma pauperis E. Writs of mandamus Answer: C 71. At the Friday conference of Supreme Court justices, all BUT which of the following is true? A. The chief justice presides. B. The chief justice votes first. C. A majority decides the case. D. Only the nine justices attend. E. All of the above are true. Answer: B 72. The chief basis for judicial decisions is probably A. precedent. B. agreeing with the opinion of the party in power. C. concurring with public opinion. D. obeying laws of checks and balances. E. responding to presidential requests. Answer: A 73. The powers of the chief justice include all BUT which of the following? A. Presiding over the Court B. Choosing the opinion writer if the chief justice has voted with the majority C. Barring dissenting justices from the Friday conference D. Leading conference discussion E. None of the above is a power of the chief justice. Answer: C 74. The first step to a Supreme Court judgment is A. reviewing appeals. B. granting the appeal. C. briefing the case. D. holding oral arguments. E. meeting the conference. Answer: A 75. In forma pauperis refers to A. the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. B. a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. C. a petition that allows a party to file “as a pauper” and avoid paying Court fees. D. a formal writ used to bring a case before the Supreme Court. E. a court order requiring explanation to a judge as to why a prisoner is being held in custody. Answer: C 76. An opinion disagreeing with the majority in a Supreme Court ruling is known as a(n) A. concurring opinion. B. opinion of the Court. C. dissenting opinion. D. docket decision. E. per curiam opinion. Answer: C 77. An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning is a(n) A. concurring opinion. B. opinion of the Court. C. dissenting opinion. D. per curiam opinion. E. senatorial courtesy. Answer: A 78. A dissenting opinion is A. an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning. B. an opinion disagreeing with the majority in a Supreme Court ruling. C. the list of potential cases that reach the Supreme Court. D. the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. E. an explanation of a decision of the Supreme Court or any other appellate court. Answer: B 79. Stare decisis refers to A. the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. B. literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. C. a petition that allows a party to file “as a pauper” and avoid paying Court fees. D. a formal writ used to bring a case before the Supreme Court. E. a court order requiring explanation to a judge as to why a prisoner is being held in custody. Answer: A 80. The judicial doctrine of stare decisis provides that the courts decide cases largely on the basis of A. present economic and social conditions. B. earlier court decisions. C. interpreting the will of Congress. D. equity. E. the public’s opinion. Answer: B 81. Which of the following is NOT a way that Congress and the president can affect the judiciary? A. Changing the number of federal judgeships B. Increasing or decreasing the size of the Supreme Court C. Changing the structure of the courts D. Altering the jurisdiction of the courts E. Limiting the number of years a federal judge may serve Answer: E 82. The power of the judiciary is limited by A. precedent. B. changes in the number of federal judgeships. C. changes in jurisdiction. D. public opinion. E. All of the above Answer: E True/False Questions 1. The power of a court to refuse to enforce a law is called judicial review. Answer: True 2. A dispute growing out of an actual case or controversy that is capable of settlement by legal methods is called a justiciable dispute. Answer: True 3. A law that governs relationships between individuals and defines their legal rights is called a civil law. Answer: True 4. In a criminal action, the person or party accused of an offense is called the plaintiff. Answer: False 5. The party instigating a civil lawsuit is called the defendant. Answer: False 6. An agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense is called a plea bargain. Answer: True 7. The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court is called the solicitor general. Answer: True 8. An arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys is known as a court of appeals. Answer: False 9. Justices of the Supreme Court are directly elected by the public in the state in which they are from. Answer: False 10. Civil law governs relationships between individuals and defines their legal rights. Answer: True 11. Executive power is the power to decide cases and controversies and in doing so, decide the meaning of the Constitution and laws of Congress. Answer: False 12. The view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter defines the adversary system. Answer: True 13. “Judicial review” is used to describe the power of the court to refuse to enforce a law or governmental regulation that in the opinion of the judges conflicts with the U.S. Constitution. Answer: True 14. The authority of a court to review decisions made by lower courts is called a justiciable dispute. Answer: False 15. The authority of a court to hear a case “in the first instance” is called original jurisdiction. Answer: True 16. A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts is called a precedent. Answer: True 17. There are 94 district courts in the United States. Answer: True 18. There are five levels of the federal court system. Answer: False 19. A court order requiring explanation to a judge as to why a prisoner is being held in custody is called a writ of habeas corpus. Answer: True 20. There are no cases where the Supreme Court has original jurisdiction. Answer: False 21. The federal courts are always superior to the state courts. Answer: False 22. Original jurisdiction refers to the authority of a court to hear a case “in the first instance.” Answer: True 23. Appellate jurisdiction refers to the authority of a court to review decisions made by lower courts. Answer: True 24. The United States Courts of Appeals review trial court decisions. Answer: True 25. District courts are the trial courts where almost all federal cases begin. Answer: True 26. When state court decisions are based solely on state law, their rulings cannot be appealed to or reviewed by federal courts. Answer: True 27. Courts that hear appeals from the decisions made by lower courts are exercising their authority of original jurisdiction. Answer: False 28. The circuit court of appeals represents the highest court in the federal judiciary system. Answer: False 29. The Supreme Court has changed very little since its inception. Answer: True 30. Robert Bork was confirmed by the Senate by an overwhelming majority. Answer: False 31. A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution is called judicial restraint. Answer: True 32. Presidents are likely to nominate judges that agree with them on key issues before the courts. Answer: True 33. An example of a litmus test is asking a judicial nominee what his or her position on abortion is. Answer: True 34. George Washington established two precedents about judicial appointments that continue to this day: (1) appointees were political and ideological allies of the president, and (2) every state was represented on a court somewhere, assuring at least some representation across the nation. Answer: True 35. The Senate may choose NOT to confirm a nominee to the federal court system. Answer: True 36. The Constitution of the United States does NOT require federal judges to have legal training. Answer: True 37. Partisanship is one of the most important factors in the selection of Supreme Court nominees. Answer: True 38. Judicial selection processes are a primary reason that American courts are political institutions despite their efforts to appear “nonpolitical.” Answer: True 39. Both liberals and conservatives can engage in judicial activism. Answer: True 40. One thing that differentiates judicial activists from those who practice judicial restraint is the degree to which they are willing to depart from the literal meaning of the Constitution. Answer: True 41. Judicial restraint refers to the philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say. Answer: True 42. Judicial activism refers to the philosophy proposing that judges should interpret the Constitution to reflect current conditions and values. Answer: True 43. Judicial activism by the Supreme Court pits the power of the courts against the power of other branches of government. Answer: True 44. Literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case, is called an in forma pauperis. Answer: False 45. All nine members of the Supreme Court are required to participate in each decision. Answer: False 46. The great majority of in forma pauperis petitions come from prisoners. Answer: True 47. If a Supreme Court justice agrees with the majority decision but differs on the reasoning, he or she files a minority opinion. Answer: False 48. A formal writ used to bring a case before the Supreme Court is called a writ of certiorari. Answer: True 49. An explanation of a decision of the Supreme Court or any other appellate court is called a dissenting opinion. Answer: False 50. The Supreme Court sometimes remands a case, sending it back to the lower court with instructions to act in accordance with its opinion. Answer: True 51. A petition that allows a party to file “as a pauper” and avoid paying court fees is called an amicus curiae brief. Answer: False 52. An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning is called a concurring decision. Answer: True 53. One of the first actions a political party takes after gaining control of the White House and Congress is often to increase the number of federal judgeships. Answer: True 54. The Supreme Court and the federal judiciary, rather than the president or Congress, have taken the lead in deciding many of the most heated issues in American politics. Answer: True Skill: Understanding 55. Precedent is NOT needed to maintain legal consistency over time. Answer: False 56. The judiciary is not only a legal institution; it is a political institution as well. Answer: True Short Answer Questions 1. In just a few sentences, define an adversarial system. Answer: Adversarial System: An adversarial system is a legal framework where two opposing parties present their cases to an impartial judge or jury, each seeking to prove their side of the argument, with the aim of achieving a fair and just resolution. 2. What is the solicitor general’s role in the Supreme Court? Answer: Solicitor General’s Role: The Solicitor General represents the federal government before the Supreme Court, deciding which cases to appeal and advocating on behalf of the government in cases before the Court. 3. How is the Chinese judicial system different from the U.S. system? Answer: Chinese vs. U.S. Judicial System: The Chinese judicial system is under the control of the Communist Party and focuses on maintaining social stability, whereas the U.S. system is based on an independent judiciary that ensures justice through adversarial proceedings and constitutional protections. 4. In just two or three sentences, describe the concept of judicial review. Answer: Judicial Review: Judicial review is the power of courts to evaluate the constitutionality of legislative and executive actions, ensuring that laws and policies comply with the Constitution. 5. What makes a dispute justiciable? Answer: Justiciable Dispute: A dispute is justiciable if it involves a legal question or issue that can be adjudicated by a court, rather than a political or non-legal matter. 6. Name and offer a one-sentence description of the three levels of federal courts. Answer: Three Levels of Federal Courts: • District Courts: The trial courts where cases are first heard and facts are established. • Courts of Appeals: Intermediate appellate courts that review decisions from district courts for legal errors. • Supreme Court: The highest court, which has the final authority on constitutional and federal issues. 7. A writ of habeas corpus compels a court to do what? Answer: Writ of Habeas Corpus: A writ of habeas corpus compels a court to determine the legality of a person's detention and to either release the individual if unlawful or justify their continued detention. 8. Describe the concept of precedent. Answer: Precedent: Precedent refers to the principle that courts should follow previous judicial decisions when deciding cases with similar facts and legal issues, ensuring consistency and predictability in the law. 9. What is senatorial courtesy? Answer: Senatorial Courtesy: Senatorial courtesy is a tradition where senators from a president's party have influence over federal judicial appointments in their state by blocking nominees they oppose. 10. What is meant by judicial activism? Answer: Judicial Activism: Judicial activism refers to judges interpreting the law broadly to address societal issues and bring about policy changes, often through expansive interpretations of the Constitution. 11. What is meant by judicial restraint? Answer: Judicial Restraint: Judicial restraint is the philosophy that judges should limit their own power by deferring to the legislative and executive branches and adhering closely to precedent rather than creating new legal principles. 12. How is an amicus curiae brief used to influence the Supreme Court? Answer: Amicus Curiae Brief: An amicus curiae brief is a legal document filed by a non-party (an "amicus") in a case to provide information, expertise, or perspectives to assist the court in reaching a decision, influencing the court's understanding and interpretation of the legal issues at hand. 13. Why are dissenting opinions important? Answer: Dissenting Opinions: Dissenting opinions are important because they provide alternative perspectives on a case, can influence future legal reasoning, and contribute to the development of legal thought by highlighting differing views. 14. How does a writ in forma pauperis protect access to the legal system? Answer: Writ in Forma Pauperis: A writ in forma pauperis allows individuals unable to afford legal fees to access the court system without paying the usual costs, ensuring that economic barriers do not prevent them from seeking justice. 15. How is a concurring opinion different from an opinion of the court? Answer: Concurring vs. Opinion of the Court: A concurring opinion agrees with the majority's decision but offers different reasons, while the opinion of the court reflects the majority's official ruling and rationale. 16. Describe the role of the chief justice of the Supreme Court. Answer: Role of Chief Justice: The Chief Justice leads the Supreme Court, presides over oral arguments, sets the agenda for court sessions, and represents the judiciary in administrative functions and ceremonial duties. 17. What is the role of law clerks in the Supreme Court? Answer: Role of Law Clerks: Law clerks assist Supreme Court justices by researching legal issues, preparing drafts of opinions, and providing administrative support, thereby helping justices in their decision-making processes. Essay Questions 1. Describe the difference between criminal and civil law. Answer: Criminal law and civil law serve distinct purposes within the legal system. Criminal law addresses actions that are considered offenses against the state or society, such as robbery or murder, and involves the government prosecuting individuals accused of committing crimes. The objective is to maintain public order, with potential penalties including fines, imprisonment, or probation. In contrast, civil law deals with disputes between private parties over rights and obligations, such as contract breaches or personal injury claims. Civil cases are resolved through compensation or specific performance rather than criminal sanctions. While criminal law seeks to punish and deter wrongful conduct, civil law aims to resolve conflicts and provide remedies to individuals harmed by another's actions. 2. What is the public defender system? Why is it important? Answer: The public defender system is a government-funded program that provides legal representation to individuals charged with crimes who cannot afford to hire a private attorney. Public defenders are attorneys appointed to represent defendants in criminal cases, ensuring that everyone has access to legal counsel regardless of their financial situation. This system is crucial for upholding the constitutional right to a fair trial, as it ensures that low-income defendants receive competent legal representation. Without public defenders, many individuals might face the criminal justice system without any legal assistance, potentially leading to unjust outcomes and undermining the principles of fairness and equality under the law. 3. Explain the structure of the federal court system, paying close attention to the function of each court. Answer: The federal court system is structured in three tiers, each with distinct functions. At the base are the District Courts, which serve as the trial courts where cases are initially heard, evidence is presented, and verdicts are rendered. Above them are the Circuit Courts of Appeals, which review decisions made by District Courts to ensure the law was correctly applied, handling appeals and addressing procedural issues. At the top is the Supreme Court, which serves as the highest appellate court, resolving major legal questions and ensuring uniform interpretation of federal law across the nation. Each tier plays a crucial role in interpreting and applying the law, with the Supreme Court having the final authority on constitutional and legal matters. 4. Why aren’t more state Supreme Court decisions appealed to the Supreme Court? Describe the litmus test of possible grounds for appeal and describe a hypothetical case. Answer: State Supreme Court decisions are infrequently appealed to the U.S. Supreme Court because the latter only hears cases involving significant federal or constitutional issues. For a case to be considered, it must present a substantial question of federal law or resolve conflicting interpretations of the Constitution among state courts. The "litmus test" for appeal includes whether the case involves a federal question, has nationwide importance, or addresses an issue where the lower courts' rulings conflict. Hypothetical Case: Suppose a state Supreme Court upholds a law that restricts free speech in a manner inconsistent with the First Amendment. If a petition is filed, the U.S. Supreme Court may review the case to determine if the state law violates constitutional rights. If the case does not meet these criteria or lacks broader significance, it is less likely to be appealed. 5. Describe how the concept of judicial review protects citizens in the United States. From whom does it protect them? When was the concept established? Answer: Judicial review protects U.S. citizens by allowing courts to evaluate and invalidate laws or government actions that violate the Constitution. This power ensures that both federal and state governments adhere to constitutional principles, safeguarding individual rights and liberties against unconstitutional legislation or executive actions. Established in the landmark case Marbury v. Madison (1803), judicial review was introduced by Chief Justice John Marshall. It serves as a check on legislative and executive branches, reinforcing the rule of law and maintaining the balance of power among government branches. Through judicial review, the judiciary acts as a guardian of constitutional rights and democratic principles. 6. What factors are taken into consideration by the president in appointing judicial nominees? How does the president select nominees? Answer: When appointing judicial nominees, the president considers several factors including ideological alignment, ensuring that nominees share similar views on constitutional interpretation and policy issues. Professional qualifications and judicial experience are crucial, as the president seeks candidates with a strong legal background and proven competence. Additionally, political considerations play a role, as nominees may be chosen to appease certain political factions or demographics. Diversity in terms of gender, race, and background is also a factor to reflect the nation's diversity. The president typically selects nominees through consultations with advisors, legal experts, and senators, often relying on recommendations from influential figures or organizations. The nomination process also involves background checks and vetting to ensure nominees meet all requirements and are suitable for confirmation. 7. What factors are taken into consideration by the Senate in advising and consenting to judicial nominees? What official role does the Senate play? Answer: In advising and consenting to judicial nominees, the Senate considers several key factors. Qualifications and experience are paramount, with a focus on the nominee's legal background, judicial record, and adherence to the rule of law. Ideological alignment is also scrutinized, as Senators evaluate whether the nominee's views align with their own or with the prevailing political climate. Ethical considerations include background checks to identify any potential conflicts of interest or past misconduct. The nominee's impact on the judiciary, including how their appointment might shift the balance of the court, is also assessed. The Senate’s official role involves holding confirmation hearings, reviewing the nominee's qualifications, and ultimately voting to confirm or reject the appointment, thereby providing a crucial check on the president's nominations. 8. Do you think judges should be activists? Why or why not? Answer: Whether judges should be activists is a contentious issue. Advocates for judicial activism argue that it allows judges to address societal injustices and adapt the law to contemporary issues when legislative bodies fail to act. This approach can drive progressive change and uphold individual rights in evolving contexts. Critics, however, believe judicial activism can lead to judicial overreach, where judges impose personal or political views rather than strictly interpreting the law. They argue that this undermines democratic processes by bypassing elected representatives. Ideally, judges should balance activism with restraint, ensuring they uphold constitutional principles while respecting the roles of other branches of government. This balance maintains judicial integrity and respects democratic norms. 9. What are the arguments in favor of and against judicial activism? Where do you stand on the subject? Answer: Arguments in favor of judicial activism include its ability to address pressing social issues and injustices that legislators may ignore, ensuring that constitutional rights are protected and adapted to contemporary needs. Activist judges can advance civil rights and liberties when political processes are stalled or unresponsive. Arguments against judicial activism argue that it can lead to judicial overreach, where judges impose personal or political biases rather than interpreting the law objectively. Critics contend that activism undermines democratic principles by bypassing elected officials and distorting the separation of powers. I believe that while judicial activism can be necessary to address significant issues, it must be balanced with judicial restraint to respect the democratic process and avoid overstepping constitutional boundaries. 10. What is political about appointing federal judges? Answer: The appointment of federal judges is inherently political due to several factors. Presidents nominate judges based on ideological alignment, aiming to shape the judiciary in line with their policy preferences and long-term legacy. Senate confirmation involves political maneuvering, where Senators may support or oppose nominees based on partisan interests and strategic considerations. The confirmation process includes public hearings and debates that reflect broader political and social agendas. Additionally, judicial appointments can influence the balance of power within the courts, impacting significant legal and policy decisions. Consequently, judicial appointments often become a battleground for political ideology and strategy. 11. Do you believe that the current way of nominating and approving judges is good for democracy in the United States? Defend your opinion. Answer: The current method of nominating and approving judges in the United States, involving presidential nominations and Senate confirmation, has both strengths and weaknesses for democracy. On one hand, it ensures democratic accountability by requiring both the executive and legislative branches to participate in the appointment process. This can prevent unilateral judicial appointments that do not reflect broad consensus. On the other hand, the process is highly politicized, with nominees often selected and confirmed based on partisan interests rather than purely legal qualifications. This politicization can lead to polarization and undermine the perceived impartiality of the judiciary. While the system aims to balance power and prevent abuses, its current state may need reforms to reduce partisanship and enhance the focus on judicial competence and fairness. 12. What are the influences on U.S. Supreme Court decision making? Be sure to cover at least three influences in your answer. Answer: U.S. Supreme Court decision-making is influenced by several key factors: 1. Legal Precedent: Justices rely heavily on existing case law and precedents to guide their decisions, ensuring consistency and stability in the legal system. 2. Judicial Philosophy: Individual justices' judicial philosophies, such as originalism or interpretivism, shape how they interpret the Constitution and apply the law to cases. 3. Societal and Political Context: The broader social, political, and economic climate can impact decisions, as justices may consider the potential implications of their rulings on contemporary issues and public sentiment. These influences interact to shape the Court’s rulings, reflecting both legal principles and practical considerations. 13. Why is the solicitor general sometimes referred to as the tenth justice? Answer: The Solicitor General is sometimes referred to as the "tenth justice" due to their significant role in the Supreme Court’s proceedings. As the principal representative of the federal government before the Court, the Solicitor General plays a crucial role in shaping legal arguments and influencing the outcome of cases. Their expertise in constitutional and federal law, combined with frequent participation in oral arguments and the submission of briefs, positions them as a key figure in the judicial process. This prominent role often leads to the perception that the Solicitor General has a quasi-judicial influence, akin to a member of the Court. 14. What are the steps toward a Supreme Court decision? Please cover all eight steps. Answer: The steps toward a Supreme Court decision include: 1. Petition for Certiorari: A party seeking review files a petition asking the Court to hear the case. 2. Certiorari Granted: The Court decides to hear the case, granting certiorari if at least four justices agree. 3. Briefs Submitted: Both parties, along with amici curiae (friends of the court), submit written briefs presenting arguments and evidence. 4. Oral Arguments: The parties present their arguments in person before the justices, who ask questions to clarify issues. 5. Conference: Justices meet privately to discuss the case and vote on the outcome. 6. Drafting Opinions: The majority opinion is drafted, and justices may write concurring or dissenting opinions. 7. Opinion Review: Draft opinions are circulated among the justices for review and revisions. 8. Final Opinion Issued: The Court publishes its decision, which includes the majority opinion and any concurring or dissenting opinions. 15. Assess the role of the judiciary in a constitutional democracy. Answer: In a constitutional democracy, the judiciary plays a crucial role in upholding the rule of law and ensuring that the other branches of government adhere to constitutional principles. The judiciary interprets and applies the Constitution and laws, providing checks and balances by reviewing the actions of the executive and legislative branches for constitutionality. It protects individual rights and liberties by resolving disputes and addressing grievances through impartial adjudication. Additionally, the judiciary's role in judicial review allows it to strike down laws or actions that violate constitutional norms, thereby maintaining the integrity and stability of the democratic system. This function is essential for preserving the balance of power and safeguarding democratic governance. Test Bank for Government by the People David B. Magleby, Paul C. Light, Christine L. Nemacheck 9780205073245, 9780134732831