Chapter 9

18 October 2022
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question
Which Article of the Constitution creates the federal judiciary? a. Article I b. Article II c. Article III d. Article IV
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c. Article III
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Which of the following confirms all federal judges? a. House of Representatives b. Supreme Court c. Senate d. president
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c. Senate
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The __________ Act of 1789 established the basic three-tiered structure of the federal court system. a. Federal Courts b. Appellate c. Confirmation d. Judiciary
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d. Judiciary
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How many justices currently serve on the Supreme Court? a. five b. six c. eight d. nine
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d. nine
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In which of the following cases did the Supreme Court first claim the right of judicial review? a. Chisholm v. Georgia b. Brown v. Board of Education c. United States v. Nixon d. Marbury v. Madison
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d. Marbury v. Madison
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In which type of court do cases generally begin? a. trial b. appellate c. legislative d. circuit
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a. trial
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A writ of __________ is a request submitted to the U.S. Supreme Court to review a lower court decision. a. mandamus b. prohibition c. attachment d. certiorari
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d. certiorari
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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. six
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b. four
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Following oral arguments, the justices gather for a __________ during which they discuss the case and cast preliminary votes. a. conference b. moot court session c. hearing d. review
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a. conference
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How many tiers does the federal judiciary have? a. three b. six c. 12 d. 15
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a. three
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Of all current federal judges, more were appointed by President __________ than by any other president. a. Barack Obama b. George W. Bush c. Bill Clinton d. George H. W. Bush
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b. George W. Bush
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Courts established by Congress for specialized purposes are known as __________ courts. a. appellate b. constitutional c. legislative d. public
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c. legislative
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Who represents the federal government in appeals to the Supreme Court? a. attorney general b. president c. Speaker of the House d. solicitor general
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d. solicitor general
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Who nominates judges to the U.S. district courts? a. the president b. the House of Representatives c. the Senate d. the Supreme Court
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a. the president
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Which of the following is the authority vested in a particular court to hear and decide the issues in a particular case? a. jurisdiction b. judicial review c. jurisprudence d. stare decisis
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a. jurisdiction
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__________ is the power of the courts to review and overturn the actions of the executive and legislative branches. a. Original jurisdiction b. Stare decisis c. Judicial review d. Precedent
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c. Judicial review
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Recent presidents have increased the __________ of the federal courts. a. size b. salaries c. experience level d. diversity
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d. diversity
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Federal district court judges are appointed to __________ terms. a. three-year b. ten-year c. twenty-year d. life
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d. life
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The authority to be the first court to hear a case is which type of jurisdiction? a. appellate b. constitutional c. federal d. original
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d. original
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A(n) __________ brief might be submitted by an interest group hoping to sway the Supreme Court's decision by providing the group's legal rationale for why the Court should rule a certain way. a. amicus curiae b. habeas corpus c. outsider d. coram nobis
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a. amicus curiae
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Only a(n) __________ court can review the decisions of a lower court. a. trial b. legislative c. administrative d. appellate
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d. appellate
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The U.S. courts of appeals are divided into __________ numbered circuits and two unnumbered circuits. a. six b. nine c. eleven d. twelve
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c. eleven
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In __________ the Supreme Court demonstrated its policy-making power by overruling its own prior decision in Plessy v. Ferguson. a. Gideon v. Wainwright b. McCulloch v. Maryland c. Brown v. Board of Education d. Marbury v. Madison
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c. Brown v. Board of Education
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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. dissenting d. per curiam
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a. concurring
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Proponents of which of the following believe that judges should use their power broadly to further justice? a. judicial restraint b. strict constructionism c. judicial activism d. originalism
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c. judicial activism
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The vast majority of all cases are tried in __________. a. federal courts b. the U.S. district courts c. appellate courts d. state courts
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d. state courts
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In which federal courts are trials conducted? a. circuit courts b. district courts c. courts of appeals d. state supreme courts
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b. district courts
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In 1987, the Senate refused to confirm the nomination of which of the following to the Supreme Court? a. Antonin Scalia b. Earl Warren c. Robert Bork d. John Roberts
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c. Robert Bork
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The Supreme Court provides a statement of the legal reasoning behind its decisions in written __________. a. briefs b. arguments c. opinions d. regulations
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c. opinions
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How and whether judicial decisions are translated into actual policy is known as judicial __________. a. implementation b. execution c. legislation d. intention
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a. implementation
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Of the following, who was appointed by President George W. Bush? a. Justice Alito b. Justice Kagan c. Justice Thomas d. Justice Ginsburg
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a. Justice Alito
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Which of the following is within the original jurisdiction of the Supreme Court? a. federal criminal matters b. tax disputes c. military tribunals d. cases involving the state governments
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d. cases involving the state governments
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Who presides over trials for presidential impeachment? a. the vice president b. the Speaker of the House c. the chief justice d. the president of the Senate
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c. the chief justice
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According to Marbury v. Madison, which clause implies the right of the Supreme Court to exercise judicial review? a. the necessary and proper clause b. the supremacy clause c. the faithful execution clause d. the full faith and credit clause
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b. the supremacy clause
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According to Article III of the Constitution, __________ has/have the power to create inferior federal courts. a. Congress b. the president c. the Supreme Court d. the states
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a. Congress
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The U.S. Court of Appeals for Veterans Claims is an example of which type of court? a. constitutional b. Article III c. legislative d. ex officio
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c. legislative
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According to Figure 9.1, How Is the American Judicial System Structured?, which of the following has no original jurisdiction? a. Supreme Court b. U.S. District Court for the Eastern District of California c. U.S. District Court for the Northern District of Ohio d. U.S. Court of Appeals for the Ninth Circuit
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d. U.S. Court of Appeals for the Ninth Circuit
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How many courts of appeals are in the federal system? a. two b. six c. five d. thirteen
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d. thirteen
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In an informal 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 purview d. senatorial courtesy
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d. senatorial courtesy
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As of 2014, how many African Americans have served on the U.S. Supreme Court? a. zero b. one c. two d. five
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c. two
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Of the following presidents, who had the greatest influence on the composition of the federal judiciary as measured by the percentage of judgeships filled by that president? a. Jimmy Carter b. Ronald Reagan c. George W. Bush d. Bill Clinton
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b. Ronald Reagan
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When the U.S. Supreme Court agrees to hear a case appealed to it from a circuit court, it is exercising its __________ jurisdiction. a. original b. legislative c. mandatory d. appellate
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d. appellate
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Which of the following can modify or reverse a decision of the Supreme Court? a. an executive order b. a district court c. a constitutional amendment d. a writ of certiorari
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c. a constitutional amendment
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All federal judicial nominations are first referred to which of the following for a hearing? a. House Committee on the Courts b. Senate Nominations Committee c. attorney general d. Senate Judiciary Committee
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d. Senate Judiciary Committee
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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. original intent c. strict constructionism d. judicial restraint
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d. judicial restraint
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The conference of the U.S. Supreme Court is __________. a. limited to the justices and other court staff b. limited to the justices themselves c. open to the justices and the public d. open to the justices and the media
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b. limited to the justices themselves
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A court that hears and weighs evidence in order to reach the first decision in a civil or criminal case is a court of __________ jurisdiction. a. appellate b. constitutional c. mandatory d. original
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d. original
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Of the more than 100 people who have been Supreme Court justices, a majority have been Catholic.
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FALSE
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Article III of the Constitution contains the provisions related to the Supreme Court.
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TRUE
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The Judiciary Act of 1789 established the federal circuit courts and district courts.
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TRUE
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The federal district courts are appellate courts
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FALSE
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Litigants have an automatic right of appeal to the Supreme Court.
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FALSE
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The Supreme Court's annual term begins on the first Thursday in April
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FALSE
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A dissenting opinion is written by a justice who agrees with the final outcome of a case but disagrees with the rationale.
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FALSE
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The selection of federal judges is a highly political process.
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TRUE
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Justice Elena Kagan did not have any judicial experience prior to her appointment to the Supreme Court.
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TRUE
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Strict constructionists believe that the Constitution should be interpreted in light of modern values.
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FALSE
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The Supreme Court only has original jurisdiction.
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FALSE
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The U.S. Court of Appeals for the First Circuit is a constitutional court.
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TRUE
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The Supreme Court regularly exercises its original jurisdiction.
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FALSE
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Rotating three-judge panels typically decide cases in the federal courts of appeals.
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TRUE
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Marbury v. Madison significantly expanded the power of the federal judiciary.
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TRUE
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A lawyer's spoken presentation to the Court of the legal reasons why his or her client should win is called the __________.
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oral argument
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Of the federal courts, only the __________ is explicitly mentioned in the Constitution.
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supreme court
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Judicial __________ is a philosophy of judicial decision making that posits judges should use their power broadly to further justice.
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activism
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The courts of appeals hear appeals from the __________ courts.
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district
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__________ believe that courts should interpret the Constitution as the Framers wrote and originally intended it.
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Strict constructionists
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The president appoints federal judges with the advice and consent of the __________.
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senate
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Article III guarantees that the __________ of federal judges will not be reduced during their service on the bench.
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salaries
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The solicitor general handles all appeals on behalf of the __________ before the Supreme Court.
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US government
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Justices who do not agree with the outcome of a case write __________ opinions.
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dissenting
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If North Dakota sues South Dakota, the case will be heard by the __________.
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Supreme Court
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Judicial __________ encourages deference to the policy judgments of elected branches of government
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restraint