POLS Chapter 12

3 January 2024
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Senatorial courtesy describes the practice of
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senators from a president's party approving of a judicial nominee from their home state.
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Most cases reach the Supreme Court through
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a writ of certiorari.
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Activist judges believe that federal judges should
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o beyond the words of a constitution or statute to consider the broader societal implications of their decisions.
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In ________ cases, the losers cannot be fined or incarcerated by the state.
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civil law
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Under normal rules of oral argument, each lawyer has ________ to present his or her case before the Supreme Court.
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30 minutes
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Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake
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may be heard in either the federal or the state courts, usually depending on the preference of the plaintiff.
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Which of the following kinds of cases are LEAST likely to be accepted by the Supreme Court?
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Cases that address state laws but that do not raise constitutional issues.
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Normally, ________ judge(s) hear(s) a specific case on a federal circuit court of appeals.
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3
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What is the main function of the chief justice of the Supreme Court?
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The chief justice presides over the Court's public sessions and private conferences.
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There are ________ circuits in the U.S. Court of Appeals.
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12
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Roe v. Wade (1973) was
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based on a strict interpretation of the Constitution. WRONG!
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What is the most frequent and best-known action of Supreme Court justices in their role as circuit justices?
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reviewing requests for stays of execution
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The U.S. Supreme Court has been composed of
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nine justices throughout American history. WRONG!
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If a defendant is found not guilty in a criminal case, the government is
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not entitled to appeal the verdict.
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A writ of habeas corpus declares that
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the government must show a legal cause for holding someone in detention.
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Why did many Republicans oppose President Obama's nomination of Sonia Sotomayor to the Supreme Court?
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She supported affirmative action
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There are approximately ________ federal district court judges in the United States.
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678
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The Supreme Court's power to review acts of Congress has not been seriously questioned because
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the Court has been reluctant to strike down congressional laws and has overturned only a small number over the last 200 years
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Each year, the Supreme Court receives about ________ appeals and hears about ________ of them in full court.
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9,000; 80
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In recent years, federal court appointments have
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been characterized by intense partisan and ideological efforts to support or defeat the candidate.
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Marbury v. Madison was decided in
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1803.
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Which of the following statements about federal courts is most accurate?
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Although the federal courts hear only a small fraction of all of the civil and criminal cases decided each year in the United States, their decisions are extremely important because they interpret the Constitution and the federal laws that govern all Americans.
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Which of the following best describes the role of the solicitor general?
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The solicitor general is the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party.
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When a private individual brings a suit against a company for breaking a contract, this is an example of ________ law.
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civil
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About ________ percent of all cases in the United States are heard in state courts.
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97
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The number of cases filed in the Supreme Court
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has increased dramatically since 1940.
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The power of the Supreme Court to review state actions and legislation comes from
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Marbury v. Madison. WRONG!
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The Administrative Procedure Act is important in civil law because it
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governs agency rule making.
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Each Supreme Court justice is assigned ________ law clerks.
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4
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In a typical tort case,
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one individual charges that he or she has been injured by another's negligence or malfeasance.
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________ occurs when a criminal case is resolved through a negotiated agreement before a full trial is completed.
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A plea bargain
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Why has partisan conflict surrounded federal judicial appointments in recent years?
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The federal courts play an important role in shaping American law and politics.
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A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ________ brief.
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amicus curiae
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If someone is an advocate of the philosophy of judicial restraint, he or she believes
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in looking only at the words of the Constitution in order to understand its meaning.
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Why is Marbury v. Madison (1803) an important case?
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In this case, the justices authorized the Supreme Court to exercise judicial review over laws passed by Congress.
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In all of American history, the Supreme Court has concluded that fewer than ____ acts of Congress have directly violated the Constitution.
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160
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In what type of law is the government always the plaintiff?
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criminal
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The doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case.
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stare decisis
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How many justices currently serve on the Supreme Court?
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9
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Through the exercise of ________, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.
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judicial review
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There are ________ U.S. district courts.
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94
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What was known as the "court-packing" plan?
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the attempt by President Franklin Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional
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Cases in which the U.S. government is a party are
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always heard in a federal court.
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Which Supreme Court nominee was accused of sexual harassment during his confirmation hearing?
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Clarence Thomas
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The first court to hear a case is called a(n) ________ court.
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trial
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Which of the following statements best describes the formal requirements of serving as a federal court judge?
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There are no formal requirements to serve as a federal court judge.