Quiz 15: The Federal Court System

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

Which of the following does Article III establish? A)the House of Representatives B)the Supreme Court C)the Senate D)the president E)the states

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

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

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

In which court do cases generally begin? A)trial B)appellate C)original D)constitutional E)state

When a case is granted review before the Supreme Court,the parties submit written __________ presenting their arguments. A)ledgers B)motions C)briefs D)opinions E)plans

A writ of __________ is a request submitted to the U.S.Supreme Court to review a lower court decision. A)mandamus B)prohibition C)capias D)attachment E)certiorari

For a case to be heard in the Supreme Court,a minimum of how many justices must vote to hear the case? A)one B)four C)five D)nine E)six

Following oral arguments,the justices gather for a __________,during which they discuss the case and cast preliminary votes. A)conference B)meeting C)hearing D)review E)circuit

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

Which type of case concerns the violation of the legal rights of one individual toward another? A)civil B)original C)trial D)appellate E)criminal

In a __________ bargain,both parties agree to a specified crime and punishment. A)trial B)punishment C)judicial D)plea E)jury

Law made by judges when no legislation currently exists is which type of law? A)case B)judicial C)common D)public E)constitutional

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

Which of the following nominates U.S.federal judges? A)president B)vice president C)chief justice D)Senate E)Supreme Court

In Citizen's United v.Federal Election Commission,the Supreme Court struck down limits on which type of funding by corporations,nonprofits,and labor unions? A)grant B)campaign C)scientific D)legal E)congressional

Which of the following indicates the right of the Supreme Court to be the first to hear a case rather than simply review the decision of a lower court? A)original jurisdiction B)judicial review C)jurisprudence D)confirmation E)filibuster

What is the name given to the power of the courts to interpret,and overturn,the actions of the executive and legislative branches? A)original jurisdiction B)strict construction C)judicial review D)precedent E)stare decisis

Which of the following brings the case before the court in civil cases? A)defendant B)prosecutor C)district attorney D)plaintiff E)appellee

Federal judges are appointed to __________ terms. A)two-year B)three-year C)life D)ten-year E)twenty-year

The authority to be the first court to hear a case is which type of jurisdiction? A)appellate B)constitutional C)federal D)original E)trial

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)coram nobis

Only a(n)__________ court can review the decisions of a lower court. A)trial B)original C)administrative D)constitutional E)appellate

The U.S.courts of appeals are divided into __________ numbered circuits and two unnumbered circuits. A)nine B)twelve C)thirteen D)eleven E)six

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

Which of the following is an opinion written by a justice in the majority that outlines additional considerations he or she thinks are important? A)concurring B)en banc C)majority D)per curiam E)dissenting

During World War II,__________ unilaterally decided to place 120,000 Japanese Americans into internment camps. A)Chief Justice Warren B)President Hoover C)Chief Justice Marshall D)President Roosevelt E)President Wilson

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

In 2009,__________ courts resolved more than 10 million civil cases and 12 million criminal cases. A)federal B)supreme C)constitutional D)appellate E)state

In which federal courts are trials conducted? A)circuit B)district C)common D)original E)public

In 1987,the Senate refused to confirm the nomination of which of the following to the Supreme Court? A)Antonin Scalia B)Harlan Fiske C)Earl Warren D)Robert Bork E)David Souter

The Supreme Court provides a statement of the legal reasoning behind their decisions in written __________. A)briefs B)arguments C)opinions D)laws E)pamphlets

Through the power of __________,judges interpret and,when necessary,overturn actions taken by the legislative and executive branches of government. A)judicial review B)judicial execution C)judicial legislation D)judicial intention E)judicial power

Alexander Hamilton believed that the judiciary would be the ____________ branch. A)most powerful B)least effective C)least dangerous D)most effective E)most dangerous

In which type of suit does the plaintiff typically consist of a group that suffered a common injury? A)class action B)group action C)class litigation D)common action E)group litigation

Which court tends to have the biggest impact on American society at large? A)the Supreme Court B)federal appellate court C)U.S.district court D)state court E)municipal court

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

Which of the following is considered to be one of the judiciary's most important powers? A)levying taxes B)controlling the military C)interpreting the Constitution D)lobbying for legislation E)prosecuting treason

According to Marbury v.Madison,what power did the judiciary claim for itself that cannot be found in the Constitution? A)public law B)judicial policymaking C)common law D)originalism E)judicial review

According to the legal model of judicial decision making,to which most constitutional law scholars adhere,what do judges rely on to decipher the correct interpretation of a law,the relevant portion of the Constitution,and whether there is any conflict between the two? A)their judgment and expertise B)their degree of activism C)the party identification of the president that appointed them D)the laws of the states E)the policy preferences of the majority of people

According to one study,judges rule on civil liberties cases in ways that are consistent with their ideological preferences roughly 80 percent of the time.Which model of judicial decision-making does this represent? A)the legal model B)the constitutional law model C)the attitudinal model D)the stare decisis model E)the strategic model

In what country do religious courts coexist with secular magistrate,district,and supreme courts? A)Portugal B)Finland C)Italy D)Israel E)the United States

How many courts of appeals are in the federal system? A)two B)six C)thirteen D)eleven E)five

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)coram nobis D)amicus curiae E)common law

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

In terms of demographics,how do nominees to the federal judiciary from President Obama's first term look different from the rest of the population? A)There was virtually no Hispanic representation. B)Almost all nominees were small business owners. C)The average age of a nominee is about 70 years. D)Over half of the nominees were African American. E)Almost two-thirds of the nominees had a net worth of more than $1 million.

Which doctrine prohibits a court from hearing a case in which the plaintiff alleges that a future harm may occur? A)mootness B)restraint C)justiciability D)preemption E)ripeness

When the U.S.Supreme Court agrees to hear a case rather than simply review the decision of a lower court,it is exercising its __________ jurisdiction. A)original B)constitutional C)mandatory D)appellate E)legislative

According to the doctrine 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

What type of law governs relationships between individuals and defines their legal rights? A)positive B)civil C)criminal D)constitutional E)personal

Which of the following indicates a formal acceptance by the Supreme Court to review a decision of a lower court? A)executive order B)federal statute C)lower court decision D)constitutional amendment E)writ of certiorari

All federal judicial nominations are first referred to which of the following for a hearing? A)House Judiciary Committee B)Senate Nominations Committee C)Supreme Court D)Senate Judiciary Committee E)attorney general

If a judge believes that she should only strike down laws that clearly violate the Constitution,she likely believes in which of the following? A)judicial activism B)judicial conservatism C)judicial originalism D)judicial restraint E)judicial construction

The conference of the U.S.Supreme Court is __________. A)open to the justices and the public B)limited to the justices themselves C)open to the justices and other court staff D)open to the justices and the president E)open to the justices and all members of Congress

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

Which of the following limits judicial power? A)judicial review B)judicial activism C)stare decisis/precedent D)constitutional courts E)senatorial courtesy

The right of the Supreme Court to be the first to hear a case rather than simply review the decision of a lower court is known as __________ jurisdiction. A)appellate B)constitutional C)trial D)original E)mandatory

Which type of opinion issued by the Supreme Court is officially binding? A)the oral arguments B)concurring opinions C)dissenting opinions D)the majority opinion E)the conference

If a Supreme Court justice voted to overrule Roe v.Wade based entirely upon his or her personal moral objection to abortion,which judicial decisional model did the justice use? A)judicial review model B)legal model C)personal opinion model D)attitudinal model E)strategic model

Article III specifies the powers of the Supreme Court.

The Judiciary Act of 1789 established the federal circuit courts and district courts.

The district courts are appellate courts.

Litigants have an automatic right of appeal to the Supreme Court.

There is no single template for how a judicial system ought to be structured worldwide.

A dissenting opinion is written by a justice who agrees with the decision of the majority,but disagrees with the rationale.

According to Figure 15.1,The Federal Judiciary Is Hierarchical,the U.S.Tax Court is a trial court.

Appellate courts primarily consider challenges to cases that have already been decided at the district level.

The Supreme Court has original jurisdiction over cases where states are in conflict.

The U.S.Court of Appeals for the First Circuit is a constitutional court.

The Supreme Court regularly exercises its original jurisdiction.

Rotating three-judge panels decide cases in the federal courts of appeals.

Marbury v.Madison significantly expanded the power of the federal judiciary.

The United States has a dual system of justice.

Only the Supreme Court can review the decisions of state courts.

A lawyer's spoken presentation to the court of the legal reasons that his or her client should win is called the __________.

__________ typically render decisions on matters of fact.

In U.S.court cases,the __________ brings the case before the court and,usually,makes accusations of wrongdoing.

Of all the federal courts,only the __________ is established by the Constitution.

__________ render decisions on matters of fact.

The circuit courts hear appeals from the __________ courts.

According to Figure 15.2,U.S.Federal Courts Are Divided into Circuits,the largest circuit geographically is the __________ circuit.

In a __________,the defendant generally agrees to plead guilty to a lesser offense in order to avoid trial on a more serious offense.

The president,with the __________ and __________ of the Senate,appoints all federal judges.

Article III recognizes a(n)__________ power that applies to laws,treaties,and other formal acts of government.

The solicitor general handles all appeals on behalf of the __________ before the Supreme Court.

Following oral arguments,the justices gather for a __________,during which they discuss their current thinking on the case and cast preliminary votes.

Justices who do not agree with the outcome of a case write __________ opinions.

If North Dakota sues South Dakota,the case will be heard by the __________.

Judicial __________ encourages deference to the policy judgments of elected branches of government.