constrain the judiciary, because court decisions must be based on applicable laws.
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2. The Supreme Court is most likely to grant a hearing when a case involves
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an issue that is being decided inconsistently by the lower courts.
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3. The Missouri Plan applies to _____ in the _____ court system.
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selection of judges; state
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4. Which of the following Supreme Court justices was appointed during the Clinton Administration?
answer
Ruth Bader Ginsburg
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5. In Bush v. Gore (2000), the Supreme Court
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halted the manual recount of "undervotes" in Florida.
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6. Opposition to the judiciary's creative policy-making role is a consistent tenet of judicial
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restraint.
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7. A written Supreme Court opinion that, in the absence of a majority opinion, represents the reasoning of most of the justices who side with the winning party is a
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plurality opinion.
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8. The judiciary's status as an independent branch of national government depends on judicial review, which grants the judiciary the authority to
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invalidate the actions of other institutions when judges believe they have acted unconstitutionally.
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9. Compared with the decision in a Supreme Court case, the opinion is more significant because it
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informs others of the Court's interpretation of the laws and thereby guides their decisions.
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10. The case Schenck v. United States (1919), which upheld a congressional restriction on free speech, represented the exercise of
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judicial restraint
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11. Compared to Supreme Court nominations, those for the lower federal courts
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None of these answers is correct.
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12. Most cases heard by the Supreme Court reach it under
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a writ of certiorari.
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13. If Congress disagreed with a Supreme Court ruling on a federal statute, it could possibly
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All these answers are correct.
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14. When asked if he had made any mistakes as president, _____ replied, "Yes, two, and they are both sitting on the Supreme Court."
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Dwight Eisenhower
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15. Precedent, while not an absolute constraint on the courts, is needed to
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maintain legal consistency over time, so confusion and uncertainty about the law can be avoided.
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16. The power of the Supreme Court is strengthened by its ability to
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declare another institution's action to be unconstitutional.
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17. The Supreme Court has original jurisdiction in legal disputes involving
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foreign diplomats
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18. According to the Constitution, the federal courts can make a ruling
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only in response to actual legal cases.
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19. Major shifts in the Supreme Court's positions have usually been due to
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turnover in the Court's membership
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20. Which of the following Supreme Court justices was appointed by President Ronald Reagan?
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Sandra Day O'Connor
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21. The U.S. courts of appeal
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review trial court decisions.
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22. The Supreme Court invoked the _____ in Bush v. Gore (2000).
answer
equal protection clause
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23. The appointment of federal judges is influenced most substantially by
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partisanship
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24. With regard to the lower courts, the Supreme Court's most important function is
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establishing legal precedents that will guide their decisions.
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25. In selecting judges, the states rely on what method?
answer
All these answers are correct.
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26. The Supreme Court's term begins on
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October 1.
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27. Senatorial courtesy refers to the tradition whereby
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...
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28. An amicus curiae ("friend of the court") brief provides a court with the view held by
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an interest which is not a direct party to the case
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29. A concurring opinion
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is delivered when a justice agrees with the majority's decision, but for different reasons
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30. A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a
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precedent
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31. The structure of the lower federal court system is established by
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Congress.
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32. The constitutional provision that federal judges and justices hold office "during good behavior" has
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done all of these: provided them the opportunity to carry out their duties without immediate fear of reprisal; meant, in effect, that they will serve until they die or choose to retire; and enabled presidents to influence judicial policy through their appointments long after leaving the White House
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33. The debate about the proper role of judicial authority in a political system based on majority rule is over the issue of
answer
legitimacy.
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34. As distinct from private law, public law is law that defines the relationship
answer
...
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35. With regard to public opinion, the Supreme Court
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attempts to stay close enough to public opinion so as to avoid a grave loss of public support
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36. Regarding Supreme Court procedures, which one of the following statements is not accurate?
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A concurring opinion is a view written by a justice who votes with the majority and agrees with its reasoning.
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37. A writ of certiorari is
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permission granted by a higher court allowing a losing party to bring its case before the court for a ruling.
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38. The debate of whether a court's decision will be respected and obeyed is the issue of
answer
legitimacy
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39. The facts of a case
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affect which law or laws will apply to the case.
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40. _____ was the first African American justice to serve on the U.S. Supreme Court.
answer
Thurgood Marshall
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41. The lowest level of the federal court system is the
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district court.
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42. According to the doctrine of judicial restraint, the judiciary should
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defer to the decisions of elected officials.
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43. About _____ percent of the nation's legal cases are decided in state court systems.
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95%
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44. The term stare decisis refers to
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adherence to precedent.
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45. The long-serving Chief Justice that established the principle of judicial review was
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John Marshall.
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46. Fewer than _____ percent of the cases heard by federal appeals courts are later reviewed by the Supreme Court.
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1%
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47. Federal judges are
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all of these: nominated by the president; confirmed by the U.S. Senate; and appointed for an indefinite period, providing they maintain "good behavior."
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48. Most of the judicial review rulings by the Supreme Court have involved actions by
answer
the states.
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49. The federal court myth overlooks the fact that
answer
most cases arise under state law; nearly all cases that originate in state courts are never reviewed by federal courts; and federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.
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50. The federal district courts
answer
All these answers are correct.
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51. The United States has two court systems, state and federal. The federal system
answer
None of these answers is correct.
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52. The discretionary power of judges is less than that of elected officials because judges
answer
must make decisions that can be justified in terms of existing provisions of the law.
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53. Although federal district courts are theoretically bound by Supreme Court precedents, they sometimes deviate because
answer
All these answers are correct.
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