Exam 4 (Chapters 14, 4, and 5)

All of the following are true about presidential appointments to the Supreme Court except Select one: a. presidents usually appoint people who belong to the president's political party. b. presidents see their appointments as a way to institutionalize their political views long after they have left office. c. Republican presidents have usually appointed liberal justices. d. President Bush appointed two justices to the Court. e. President Clinton appointed many judges to the district and appeals courts.

In order to insulate the courts from ____________, the founders ensured that federal judges are _____________. Select one: a. popular passions; chosen in a secret process b. popular passions; appointed for life c. Congress; elected by the people d. the President; chosen by Congress e. corruption; accountable for their decisions through re-appointment

In the appeals court Select one: a. witnesses and testimony are presented to the jury. b. grand juries decide if there is enough evidence to have a trial. c. attorneys from both sides try to work out an agreement. d. judges review lower court case records to determine if there is evidence of an error. e. All of the above are true.

Judges and justices in the federal court system are Select one: a. appointed by the president with the advice and consent of the Senate. b. appointed by the president with the advice and consent of the House of Representatives. c. appointed by the president with the advice and consent of both houses of Congress. d. part of a seniority system that gradually moves them toward the Supreme Court. e. elected by the people every ten years.

Judicial activism means Select one: a. the Supreme Court should accept as many cases for decision as it can. b. the Supreme Court should actively check the other branches of government when they exceed their authority. c. the Supreme Court should have the power of judicial review. d. the courts should defer to decisions made by the elected representatives of the people whenever possible. e. the members of the Supreme Court should deliver as many public speeches as possible, in an effort to engage and inform the American people.

Judicial interpretations of common law principles and doctrines, constitutional law, statutory law, and administrative law is Select one: a. called case law. b. called judicial review. c. a power of federal but not state courts. d. a power of state but not federal courts. e. not permitted of any court in the United States.

Most court cases are decided on precedent because Select one: a. it is important to set a uniform common set of rules for the country. b. judges would rather play it safe and reuse old decisions. c. it is easier for recording-keeping purposes. d. the established body of judge-made law covers all cases that might come up. e. Options B and C are true.

Public opinion can serve as a check on the judiciary because Select one: a. people have the ability to vote federal judges out of office if they do not approve of the rulings of the courts. b. the public may pressure elected officials not to enforce an unpopular ruling. c. the Supreme Court typically polls the public as a basis for their decisions. d. the president will veto a Supreme Court decision if it is politically unpopular. e. Congress will override a decision of the Supreme Court with a majority vote in both houses.

Standing to sue is Select one: a. determined by whether or not a court has jurisdiction over the matter. b. determined by whether or not the Supreme Court will hear a case. c. determined by whether or not a person or group has suffered harm as a result of the action that led to the dispute in question. d. the decorum that is expected in dealing with the Supreme Court during trial. e. also known as stare decisis.

The concept of senatorial courtesy refers to the Select one: a. Senate approving judges only if they belong to the same party that is in control of the Senate. b. practice of allowing senators to have the exclusive right to nominate candidates for the federal district courts in their state. c. practice of allowing members of the House to participate in the nomination process. d. practice of allowing senators to veto candidates for federal district courts in their state. e. Senate's deferring to the president and routinely approving his or her nominees.

The doctrine of stare decisis Select one: a. means to reverse the decision of a lower court. b. says that the court does not have jurisdiction in a case. c. allows the court to refer a case to the next highest court. d. is the policy of following precedent established by past decisions to decide cases. e. means strict interpretation

​The notion of a "living Constitution" is often associated with Select one: a. ​judicial restraint. b. ​judicial activism. c. ​broad construction. d. ​strict construction. e. ​Both A and D. Feedback

​The power of judicial review Select one: a. ​is not specifically listed in the Constitution. b. is the judicial power to review the constitutionality of laws or actions by other branches of government. c. ​was claimed by the Supreme Court in Marbury v. Madison. d. ​All of the above. e. ​None of the above. Feedback

The Supreme Court's decision to take a case is based on the following factor: Select one: a. if there is disagreement between how different lower courts decided the legal question b. if a lower court's ruling conflicts with a previous ruling by the Supreme Court c. if the Court determines the issue has significance beyond the parties in the dispute d. if the solicitor general, representing the president, requests that the Court hear the case e. All of the above are true.

The term amicus curiae (friend of the court) brief refers to Select one: a. arguments by those interested in the outcome of a case but who are not parties to the case. Correct b. a request that the Supreme Court order a lower court to send up the records of a case. c. a Supreme Court order barring further testimony during oral arguments. d. the belief that the Supreme Court should actively practice judicial review. e. None of the above is true.

The United States has a dual court system, meaning there are Select one: a. civil and criminal courts. b. misdemeanor and felony courts. c. state and federal courts. Correct d. state and local courts. e. district and territorial courts.

A court that overturns as unconstitutional a law that is clearly in violation of the Constitution Select one: a. ​may still be exercising judicial restraint. b. ​is exercising judicial activism. c. ​is exercising stare decisis. d. may have its decision overturned by a two-thirds majority in both houses of Congress. e. ​Both B and C.

A dissenting opinion can be important because it Select one: a. represents the position of the chief justice of the Supreme Court. b. is the statement of the defendant's attorney to the Court. c. must be carried out by local police in criminal law. d. often forms the basis of the arguments used later to reverse the previous decision and establish a new precedent. e. means that the case cannot be used as a precedent.

A doctrine holding that the courts defer to the decisions of elected officials is called Select one: a. judicial activism. b. judicial restraint. c. strict construction. d. broad construction. e. conservative activism.

A plurality opinion is one in which Select one: a. all of the justices agree with the decision and reasoning behind it. b. a justice agrees with the majority but wants to highlight or emphasize particular principles. c. the court reaches a decision with a combination of minority decisions. d. a justice writes an opinion disagreeing with the decision of the court. e. None of the above.

A previous court decision that influences and is the basis for deciding later, similar cases is called Select one: a. a precedent. b. criminal law. c. a judicial maxim. d. common law. e. statutory law.

A procedure used by the Supreme Court in determining which cases it will hear is Select one: a. the rule of four. b. the gang of four. c. the sign of four. d. the rule of six. e. the sign of five.

A question that has to do with the U.S. Constitution, acts of Congress, or treaties is known as a __________ question. Select one: a. justiciable b. political c. federal d. national e. legal

A writ of certiorari by the Supreme Court orders Select one: a. both parties in a case to reach agreement without further litigation. b. state courts to abide by the decisions of the Supreme Court. c. a lower court to send up the record of a case for review. d. Congress to rewrite unconstitutional legislation. e. a prisoner to be brought before the court and the reasons for the detention to be provided.

An opinion prepared by a judge who supports the court's decision but wishes to in some way clarify, emphasize, or offer different reasons is Select one: a. a majority opinion. b. a dissenting opinion. c. a concurring opinion. d. a plurality opinion. e. a unanimous opinion.

If a case is affirmed, it Select one: a. means all justices unanimously agree on an opinion. b. is sent back to the court that heard the case. c. means the decision is valid and must stand. d. will result in a new trial for the defendant. e. is accepted as a case that the Supreme Court will hear.

If a case is remanded, it Select one: a. is sent to the supreme court of the state in question. b. is sent back to the court that originally heard the case. c. can only be of a civil nature-criminal cases cannot be remanded. d. must be decided within the calendar year. e. is not subject to any further action by the courts.

If a Federal Circuit Court declares a law unconstitutional, the ruling applies Select one: a. ​only to that specific case. b. only within that court's jurisdiction. c. only at the federal level. d. ​only at the state level. e. ​to all applications of the law in the entire country.

Jurisdiction refers to Select one: a. rules and principles announced in court decisions. b. the authority of a court to hear and decide a particular class of cases. Correct c. the constitutionality of a law. d. statutory law. e. common law.

The Bill of Rights Select one: a. protects individual religious freedom. Correct b. allows state government to regulate religion. c. allows the national government to regulate religion. d. provides for an official state religion. e. provides protection for street drug use in religious ceremonies.

​A century ago, most immigrants came to the United States from __________, while today most come from ___________. Select one: a. ​China; Mexico and Central America b. ​Western Europe; former Soviet states c. ​Asia; Latin America d. ​Europe; Latin American and Asia Correct e. ​Latin America; Eastern Europe

A major consequence of the Voting Rights Act of 1965 was Select one: a. the elimination of discriminatory voter registration tests. b. the establishment of federal voter registrars. c. the establishment of federally administered voter registration procedures. d. limitations on the abilities of counties in the South to change voter registration procedures without federal approval. e. All of the above are true.

A poll tax was used to Select one: a. prevent northern immigrants from moving to the South and voting in local elections. b. determine who was intelligent enough to vote. c. dissuade African Americans and poor whites from voting. d. force individuals to buy property in order to be eligible to vote. e. raise funds for voter registration among the minority community.

After the Civil War, civil rights legislation was passed by Congress Select one: a. but much of it was very ineffective and parts were declared unconstitutional by the Supreme Court. Correct b. and it played a major role in creating equality for African Americans. c. and was accepted by the American public. d. that prevented African Americans from being extended equal public accommodations. e. All of the above are true.

All of the following are true of the 1964 and 1968 Civil Rights Acts except Select one: a. the right to equality of opportunity in employment was included. b. discrimination in public accommodations was banned. c. state governments to control school integration were allowed. Correct d. discrimination in housing was banned. e. penalties for those attempting to interfere with civil rights workers were provided.

Any practice, policy, or procedure that denies equality of treatment to an individual or to a group because of gender Select one: a. is sexual harassment. b. is gender discrimination. Correct c. violates Title IV. d. violates the Civil Rights Act of 1968. e. is considered illegal if engaged in by a private corporation but acceptable if engaged in by the government.

De facto segregation means Select one: a. segregation because of residential racial patterns and concentration of populations, not because of laws. Correct b. segregation based on different native languages. c. racial segregation based on law. d. segregation of southern European immigrants. e. segregation to a minor degree.

​In cases involving juveniles, courts have Select one: a. ​declared minors to have all the same rights as adults. b. ​declared minors to have only the rights that their parents allow them to have. c. ​maintained the right to act in the best interests of minors. d. ​bemoaned their inability to protect the best interests of minors. e. ​None of the above.

​In order to pass strict scrutiny, a law must do all of the following except Select one: a. ​be justified by a compelling government interest. b. ​be narrowly tailored to meet a government interest. c. ​be rationally related to a government interest. d. ​be the least restrictive means to accomplish the goal. e. ​None of the above.

​Laws that potentially interfere with fundamental rights or classify people based on race have to pass which test employed by the courts? Select one: a. ​strict scrutiny Correct b. ​intermediate or exacting scrutiny c. ​rational basis review d. ​the Korematsu test e. ​the de jure discrimination test

Since the Twenty-Sixth Amendment expanded the right to vote to all citizens over eighteen years, turnout rates among young voters have Select one: a. ​been about the same as older voters. b. ​been much lower than older voters. c. ​been much higher than older voters. d. ​slowly risen from very low to very high. e. ​slowly declined from very high to very low.

The Civil Rights Acts passed by Congress between 1865 and1875 Select one: a. were designed to enforce the Thirteenth, Fourteenth, and Fifteenth Amendments. b. implemented the extension of citizenship to anyone born in the United States. c. made it illegal to use law or custom to deprive anyone of rights, privileges, or immunities secured by the Constitution. d. declared that everyone is entitled to full and equal enjoyment of public accommodations. e. All of the above are true.

The law has given children certain defenses against criminal prosecution because Select one: a. parents punish children more effectively than the criminal justice system. b. of their presumed inability to have criminal intent. Correct c. the Constitution does not provide for criminal prosecution of juveniles. d. juveniles are too costly to incarcerate. e. constitutional protections regarding education shield a number of juvenile behaviors.

The term civil rights refers to Select one: a. the rights of all Americans provided for in the Fourteenth Amendment. b. civil liberties such as freedom of religion, speech, or assembly. c. what the government must do to ensure freedom from discrimination. d. limitations on what the government may not do to interfere with individual liberties. e. Options A and C are true.

The tests commonly administered as a precondition for voting were called Select one: a. poll tests. b. constitutional exams. c. literacy tests. d. primary tests. e. registration tests.

When reaching the age of majority Select one: a. a person is entitled to handle one's own affairs without parental interference. b. an individual is not legally liable for contracts signed. c. a person may be subject to more serious penalties for crimes committed. d. an immigrant is eligible to become an American citizen. e. Options A and C are true.

Which of the following are among the limitations imposed by the Supreme Court on affirmative action? Select one: a. ​Race cannot be used as the sole criterion. Correct b. ​Race cannot be used as a tie-breaker. c. ​A prohibition against the use of preferences or quotas for unqualified persons. d. ​The awarding by universities of points for racial minority status. e. ​All of the above.

Which of the following regarding immigration is true? Select one: a. Today, most immigrants to the United States come from Europe. b. Major issues include debate about whether illegal immigrants should be given amnesty and be allowed to become U.S. citizens. Correct c. The number of multi-racial persons has been declining in recent years. d. All Hispanics are from Mexico. e. Options C and D are true.

​The implementation of judicial decisions is dependent upon ___________ because ___________. Select one: a. ​the other branches of government; the courts have no enforcement powers Correct b. ​the police; they are the enforcement arm of the judiciary c. ​Congress; presidents often resist court decisions d. ​presidents; all decisions affect the executive branch, via the bureaucracy e. ​None of the above.

U.S. district courts Select one: a. are courts of intermediate appellate courts. b. have final appellate jurisdiction to review cases. Incorrect c. are the state courts. d. are the trial courts of the federal system. e. are courts of limited jurisdiction.