Question 1

In a criminal case,a defendant might agree to a __________ to avoid facing trial for a more serious offense and a lengthier sentence.
A)trial
B)punishment
C)judicial
D)plea bargain

Accepted Answer

A plea bargain is when a defendant agrees to plead guilty to a lesser charge or to provide information in exchange for a reduced sentence or other benefits. This is often done to avoid the risk of being found guilty of a more serious offense and facing a longer prison sentence.

Question 2

Who nominates U.S.federal judges?
A)the president
B)the solicitor general
C)the chief justice of the Supreme Court
D)the Senate majority leader

Accepted Answer

The president nominates federal judges, including Supreme Court justices, with the advice and consent of the Senate.

Question 3

On the lowest tier of the federal judiciary are the __________.
A)state courts
B)trial courts
C)circuit courts
D)district courts

Accepted Answer

The lowest tier of the federal judiciary consists of the district courts, which serve as the trial courts in the federal system.

Question 4

In which court do federal cases generally begin?
A)district
B)appellate
C)constitutional
D)state

Accepted Answer

Federal cases typically begin in the district court, which are the trial courts of the federal system. These courts have jurisdiction over both civil and criminal cases and are located in different regions across the country. Ultimately, if a party wishes to appeal a district court's decision, they can do so to the appellate court within their circuit.

Question 5

How many justices currently serve on the Supreme Court?
A)five
B)six
C)twelve
D)nine

Accepted Answer

Currently, there are nine justices serving on the Supreme Court.

Question 6

Who brings the case before the court in civil cases?
A)the prosecutor
B)the district attorney
C)the plaintiff
D)the appellee

Accepted Answer

The plaintiff is the one who brings the case before the court in civil cases.

Question 7

Circuit court decisions are usually made by __________.
A)panels of three judges
B)panels of five judges
C)juries
D)individual judges

Accepted Answer

Circuit court decisions are usually made by panels of three judges. This allows for different perspectives and opinions to be considered in the decision-making process. Additionally, having a panel of judges helps to ensure that decisions are fair and impartial.

Question 8

After the Supreme Court hears oral arguments in a case,what is the next step?
A)granting the appeal
B)writing the opinion
C)meeting in conference
D)briefing the case

Accepted Answer

After oral arguments, the Supreme Court Justices meet in conference to discuss the case and vote on a decision. The writing of the opinion comes after the conference and vote. Granting the appeal and briefing the case occur earlier in the process.

Question 9

The __________ system is based on the theory that arguing over law and evidence guarantees fairness.
A)appeals
B)adversary
C)amicus curiae
D)certiorari

Accepted Answer

The adversary system is a legal system in which two sides present their arguments to an impartial third party, usually a judge, who then decides on the case based on the arguments presented. The theory is that by arguing over law and evidence, the truth will be revealed and justice will be served. The other options, such as appeals, amicus curiae, and certiorari, are legal terms related to specific aspects of the legal process, but do not directly relate to the theory of arguing over law and evidence for fairness.

Question 10

The vast majority of in forma pauperis petitions seeking the Supreme Court's review come from __________.
A)law clerks
B)plaintiffs
C)prisoners
D)interest groups

Accepted Answer

According to several studies, a large number of in forma pauperis petitions seeking Supreme Court review are filed by prisoners who cannot afford to pay the normal filing fees. In the 2019 term, for example, approximately 48% of in forma pauperis petitions were filed by prisoners.

Question 11

According to Article II,which of the following must confirm all federal judges?
A)House of Representatives
B)Supreme Court
C)Senate
D)president

Accepted Answer

According to Article II of the US Constitution, federal judges must be confirmed by the Senate. The House of Representatives and Supreme Court do not have this authority, and the president can only nominate judges for confirmation by the Senate.

Question 12

How many tiers/levels does the federal judiciary have?
A)two
B)six
C)four
D)three

Accepted Answer

The federal judiciary has three levels/tiers: the district courts (trial courts), the circuit courts (intermediate appellate courts), and the Supreme Court (final appellate court).

Question 13

What is the most common prior job experience for a Supreme Court justice?
A)governor
B)attorney general
C)practicing lawyer
D)federal judge

Accepted Answer

The most common prior job experience for a Supreme Court justice is being a federal judge. The vast majority of Supreme Court justices have previously served on federal courts of appeals or district courts. This experience gives them a strong understanding of the federal court system and the legal issues that come before the Supreme Court. Governors and attorneys general have occasionally been appointed to the Supreme Court, but they are much less common than federal judges. Practicing lawyers are also rare, as the vast majority of Supreme Court nominees have significant judicial experience.

Question 14

The federal judiciary is a passive and reactive branch,meaning that __________.
A)it is reluctant to reverse prior court decisions
B)it cannot instigate cases or conduct its own investigations
C)it is reluctant to exercise the power of judicial review
D)it only acts after the president and Congress have made their intentions clear

Accepted Answer

The federal judiciary is limited to enforcing the laws enacted by Congress and cannot initiate cases or conduct its own investigations. It only acts upon cases that have been brought before it by individuals or organizations. This reflects the judiciary's passive and reactive role in the US political system.

Question 15

The U.S.Department of Justice is led by the __________.
A)U.S.attorney general
B)solicitor general
C)chief justice of the Supreme Court
D)president

Accepted Answer

The U.S. Department of Justice is headed by the U.S. Attorney General, who is appointed by the President and must be confirmed by the Senate.

Question 16

Which of the following is a main task of Supreme Court law clerks?
A)granting or denying appeals
B)screening writs of certiorari
C)hearing oral arguments
D)summarizing legal arguments in written briefs

Accepted Answer

Supreme Court law clerks assist justices by screening writs of certiorari, which involves reviewing petitions and recommending whether the Court should hear the case.

Question 17

__________ law governs relations between individuals and defines their legal rights.
A)Criminal
B)Judicial
C)Civil
D)Tort

Accepted Answer

Civil law deals with private disputes between individuals or organizations and governs their legal rights and obligations. Criminal law deals with crimes and punishments, while judicial law refers to the rules and procedures governing the administration of justice. Tort law deals with civil wrongs committed against someone, resulting in legal liability.

Question 18

When the Senate delays or rejects a federal judicial nomination,the president can still appoint justices by __________.
A)changing the jurisdiction of federal courts
B)focusing on state courts
C)invoking precedent
D)using recess appointments

Accepted Answer

If the Senate delays or rejects a federal judicial nomination, the president can still make a temporary appointment without Senate confirmation during a congressional recess, also known as a recess appointment. This allows the president to fill a vacancy in the court until the end of the next congressional session.

Question 19

Which article of the Constitution created the federal judiciary?
A)Article III
B)Article II
C)Article VI
D)Article I

Accepted Answer

Article III of the Constitution establishes the federal judiciary, including the Supreme Court and other federal courts.

Question 20

Enforcement of the federal judiciary's decisions depends on____________.
A)the public's willingness to accept its decisions
B)the complexity of judicial decisions
C)the ideology,race,and gender of judges
D)the use of precedent in judicial decisions

Accepted Answer

The enforcement of federal judiciary decisions ultimately depends on the public's willingness to accept and comply with these decisions. While other factors such as the complexity of the decisions and the use of precedent may also play a role, without societal acceptance and compliance, the judiciary's decisions would be difficult to enforce. Additionally, factors such as the ideology, race, and gender of judges may influence their decision-making, but these do not directly impact the enforcement of decisions.

Quiz 13: The Judiciary: the Balancing Branch

In a criminal case,a defendant might agree to a __________ to avoid facing trial for a more serious offense and a lengthier sentence.

Who nominates U.S.federal judges?

On the lowest tier of the federal judiciary are the __________.

In which court do federal cases generally begin?

How many justices currently serve on the Supreme Court?

Who brings the case before the court in civil cases?

Circuit court decisions are usually made by __________.

After the Supreme Court hears oral arguments in a case,what is the next step?

The __________ system is based on the theory that arguing over law and evidence guarantees fairness.

The vast majority of in forma pauperis petitions seeking the Supreme Court's review come from __________.

According to Article II,which of the following must confirm all federal judges?

How many tiers/levels does the federal judiciary have?

What is the most common prior job experience for a Supreme Court justice?

The federal judiciary is a passive and reactive branch,meaning that __________.

The U.S.Department of Justice is led by the __________.

Which of the following is a main task of Supreme Court law clerks?

__________ law governs relations between individuals and defines their legal rights.

When the Senate delays or rejects a federal judicial nomination,the president can still appoint justices by __________.

Which article of the Constitution created the federal judiciary?

Enforcement of the federal judiciary's decisions depends on____________.