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HohenfelsAPGovt10

Flashcards For Chapter10
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Side ASide B
1) Americans have been raised to think of the federal courts as     A) generally insignificant and powerless.B) the strongest branch of government.C) an extension...
E
2) Alexander Hamilton believed that the Supreme Court was      A) the most dangerous branch.B) likely to be a source of corruption and graft.C) the least dangerous...
C
3) Congressional checks on judicial power include all but which of the following?    A) Passing a law to reverse some judicial decisionsB) Ability to impeach federal...
E
4) What does the Constitution say about the salaries of federal judges?      _A) Judges' salaries should be commensurate with the salaries of those employed...
D
5) According to Article III, the salaries of federal judges      A) must be the same as members of the Senate.B) can only be raised once during their tenure...
D
6) The power of the courts to review acts of the other branches of government is known as     A) judicial review.B) government review.C) judicial privilege.D)...
A
7) Which of the following is an advantage of a Supreme Court clerkship?      _A) When former clerks take jobs with law firms, they often receive large salaries...
A
8) In ________, the U.S. Supreme Court held that it had the power to review the constitutionality of acts of Congress.      B) Martin v. Hunter's LesseeC) McCulloch...
E
9) Who is considered the most important justice to ever serve on the Supreme Court?      A) Oliver Wendell HolmesB) John MarshallC) Warren BurgerD) Thurgood...
B
10) Which early court case led to the Eleventh Amendment prohibiting lawsuits against states?      A) Gibbons v. OgdenB) Dred Scott v. SanfordC) Marbury v....
D
11) The Marshall court helped establish which of the following for the Supreme Court?    A) The Court's power to interpret state lawsB) The supremacy of the federal government...
B
12) A court of original jurisdiction is generally known as a/an      A) trial court.B) small claims court.C) superior court.D) appellate Court.E) people's court.
A
13) Which early court case asserted the power of judicial review by finding Congress had erred in expanding the Court's powers?      A) Marbury v. MadisonB)...
A
14) In which decision did the Supreme Court declare that it could exercise judicial review over acts of the national government?      A) McCulloch v. MarylandB)...
D
15) In which decision did the Supreme Court declare that it could exercise judicial review over acts of state governments?      A) Martin v. Hunter's LesseeB)...
A
16) Judicial review, the power of the judiciary to review the acts of other branches of government, was claimed by the U.S. Supreme Court over state actions in      A)...
A
17) Why did the Framers include life tenure for federal judges?      A) They feared that no one would take the positions otherwise.B) It would make sure that...
C
18) Federal judges serve for     A) eight-year terms.B) life, with good behavior.C) twelve-year terms.D) ten-year terms.E) four-year terms.
B
19) Included among the checks on the powers of the U.S. Supreme Court are:I. Congress can alter the jurisdiction of the Supreme Court.II. Its decisions can be reversed by...
E
20) Precedent for judicial filibustering of Supreme Court nominees began with     A) George H. W. Bush's appointment of Clarence Thomas.B) John Adams's appointment...
E
21) How were Robert Bork's confirmation hearings different from those of other Supreme Court nominees?      A) Robert Bork's confirmation hearings were more...
E
22) All of the following are checks on the judiciary EXCEPT     A) Congress can alter the jurisdiction of the Supreme Court.B) The president appoints judges with...
E
23) The Judiciary Act of 1789      A) established the state court systems.B) established local court systems within the thirteen states.C) granted the Supreme...
D
24) The three-tiered structure of the federal court system was established by     A) the Judiciary Act of 1789.B) Article III.C) the Seventeenth Amendment.D) Article...
A
25) The Judiciary Act of 1789 set the size of the supreme court at      A) six.      B) nine.      C) five.     ...
A
26) Federal circuit courts originally were created by Congress to    A) function as trial courts for important cases.B) hear cases involving copyrights and patents.C)...
A
27) How many justices sit on the Supreme Court?    A) eight      B) nine      C) ten      D)...
B
28) The size of the Supreme Court is      A) set by the Supreme Court itself.B) set by Congress.C) set by the Constitution.D) only altered by constitutional...
B
29) The first chief justice of the United States was    A) James Wilson.B) Thomas Jefferson.C) John Jay.D) Clarence Thomas.E) John Marshall.
C
30) What was the response to the Supreme Court's decision in Chisholm v. Georgia?      A) Congress ignored the decision and created a national bank anyway.B)...
E
31) Initially, service on the Supreme Court was considered  A) a great honor.B) the apex of one's legal career.C) luxurious.D) undignified.E) a second job.
D
32) What does the Eleventh Amendment say?      A) The Supreme Court has the power of judicial review.B) Congress can establish a national bank.C) The Supreme...
E
33) McCulloch v. Maryland      A) outlawed seriatim opinions.B) applied the Bill of Rights to both the federal and state governments.C) broadly interpreted...
C
34) In McCulloch v. Maryland, the Supreme Court   A) established seriatim opinions.B) outlawed per curium opinions.C) declared state laws invalid.D) broadly interpreted the...
D
35) In McCulloch v. Maryland, the Supreme Court     A) outlawed per curium opinions.B) made Congress the final arbiter of constitutionality.C) declared state laws...
D
36) As it exists in the United States, judicial review is the power      A) of the federal courts to change state laws.B) of Congress to review Supreme Court...
E
37) ________ is generally considered to have been the most influential chief justice of the Supreme Court of the United States.     A) John G. RobertsB) Earl WarrenC)...
C
38) As chief justice, John Marshall initiated several reforms to strengthen the Court and the power of the chief justice, including      A) revoking the authority...
E
39) John Marshall can best be described as a      A) Federalist.B) Tory.C) Son of Liberty.D) Whig.E) Anti-Federalist.
A
40) The Supreme Court set the precedent that it has the power of judicial review in      A) McCullough v. MarylandB) Chisholm v. GeorgiaC) Fletcher v. PeckD)...
D
41) The doctrine of judicial review was established by      A) Marbury v. Madison.B) Article III.C) Congress.D) the Judiciary Act of 1789.E) Chisholm v. Georgia.
A
42) The belief that the Supreme Court should have the power of judicial review is included in      A) the Fourteenth Amendment.B) Chisholm v. Georgia.C) the...
E
43) State courts of original jurisdiction where cases begin are called     A) appellate courts.B) select courts.C) district courts.D) original courts.E) trial...
E
44) Before any state or federal court can hear a case, it must have ________, which is the authority to hear a case.      44) ______ A) jurisdictionB) the...
A
45) Appellate courts usually      A) determine the credibility of the facts of a case.B) hear bankruptcy cases.C) hear only civil cases.D) review the legal...
D
46) Courts with appellate jurisdiction typically    A) determine factual matters in the case involved.B) review the factual record of a lower court for mistakes.C) review...
C
47) In a civil case, the party who brings a case against a defendant is referred to as the      A) plaintiff.B) state.C) accused.D) attorney general.E) petitioner.
A
48) ________ includes codes of behavior related to business and contractual relationships between groups and individuals.      A) Criminal lawB) Family lawC)...
C
49) Which of the following is a legislative court?   A) Federal District CourtsB) Court of Military AppealsC) U.S. Supreme CourtD) Federal Appellate CourtsE) All of the above.
B
50) Legislative courts    A) have judges with life tenure.B) hear all federal cases involving laws passed by Congress.C) issue advisory opinions to Congress about the...
E
51) How many district courts does each state have?     A) between zero and five, depending on the state's populationB) oneC) threeD) at least oneE) two
D
52) The second most powerful court in the U.S. is the      A) U.S. Court of Appeals for the New York Circuit.B) U.S. Court of Appeals for the Ninth Circuit.C)...
D
53) The U.S. Court of Appeals for the D.C. Circuit is the second most powerful federal court because      A) its decisions cannot be appealed to the Supreme...
B
54) The court that handles most cases involving federal regulatory agencies is the    A) U.S. Court of Appeals for the Federal Circuit.B) First Circuit Court of...
C
55) Which of the following is NOT a characteristic of the federal appellate courts?     A) After a hearing in the appellate system, petitioners have an automatic...
A
56) The major purpose of the federal circuit courts of appeals is to    A) hear new testimony that was not available at the original trial.B) provide more opportunities...
D
57) Who is the current Chief Justice of the United States? A) Clarence ThomasB) John RobertsC) William RehnquistD) John Paul StevensE) Antonin Scalia
B
58) In court rulings, a reliance on past decisions to formulate decisions on new cases is called      A) past is prologue.B) stare decisis.C) certiorari.D)...
B
59) A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature is known as      59) ______A) the rule of four.B) stare...
E
60) If the Supreme Court decides to permit the use of the hallucinogenic hoasca tea in a religious service because it has previously allowed the use of hallucinogenic peyote in Native...
E
61) The justices of the Supreme Court are      A) nominated by the president and confirmed by the House.B) nominated by the president and confirmed by the Senate.C)...
B
62) How many associate justices serve on the Supreme Court?  A) nine      B) six      C) seven      D)...
D
63) Senatorial courtesy     A) requires a majority of the Senate to invoke.B) is the deference a president gives to the preferences of home state senators of the...
B
64) What is senatorial courtesy?   A) The penchant for members of Congress to influence Supreme Court decisions.B) The practice of subjecting Supreme Court nominees to public...
C
65) What are recess appointments?     A) appointments to the federal judiciary made by Congress when the president is overseasB) the ability of the president to...
B
66) How many successful Supreme Court appointments has George W. Bush made?     A) 0      B) 4      C) 2     ...
C
67) In recent years, the congressional confirmation process for a president's Supreme Court nominees could best be described as      A) a pie-eating contest.B)...
D
68) Qualifications for Supreme Court Justices can be found in which section of the Constitution?      A) Article IB) Article IIC) Article IIID) The AmendmentsE)...
E
69) Which of the followed played a diminished role in George W. Bush's Supreme Court nominations?      69) ______A) the Senate Judiciary CommitteeB) the American...
B
70) Which of the following informal criteria for being nominated to the Supreme Court is less important than it used to be?   A) Policy preferencesB) Judicial experienceC)...
D
71) Which of the following Supreme Court justices was the least likely to vote the way the president who appointed the justice would have hoped for?      A)...
C
72) The Supreme Court has had ________ African-American members in its history.      A) two      B) five     ...
A
73) The Supreme Court has had ________ female members in its history.     A) seven      B) no      C) four     ...
E
74) Although it is unusual for justices to comment about the nomination process,      A) Justice John Roberts quipped that "diversity of skin color does not...
C
75) Over the years, the role of the American Bar Association in the nomination and confirmation process of judges to the federal courts has      A) prevented...
E
76) While recent presidents have sent their judicial branch nominees to the American Bar Association for evaluation of their qualifications, George W. Bush abandoned this practice....
E
77) Which of the following nominees was NOT confirmed by the Senate largely as a result of lobbying by outside interests?     A) Roberts     ...
E
78) How well known are Supreme Court justices?      A) A majority of Americans can only name one justice.B) About 80% of Americans can name at least one justice.C)...
E
79) How many decisions did the Supreme Court issue in the 2005-2006 term?     A) 412      B) 1181      C)...
C
80) During the 2005-2006 term, approximately ________ cases were filed with the Supreme Court.      80) ______A) 1,600      B) 14,400     ...
E
81) The U.S. Supreme Court has original jurisdiction in all cases EXCEPT   A) cases affecting ambassadors.B) cases with other public ministers and consuls.C) those where...
E
82) The Supreme Court will hear a case if ________ justices vote to do so.      A) five      B) four     ...
B
83) Cases heard by the Supreme Court are most likely to involve  A) the Bill of Rights.B) the commerce clause.C) original jurisdiction.D) the elastic clause.E) the quartering clause.
A
84) A request from the Supreme Court to order up the records of a lower court case so that the Court may review the case is known as a Writ of     A) certiorari.B)...
A
85) The Court is most likely to hear a case under which of the following circumstances?      A) It concerns an issue on which the president and Congress agree.B)...
B
ing to political scientists, the Supreme Court is most likely to hear a case for all of the following reasons EXCEPT when:    A) it involves the ideological or policy...
E
87) ________ has been referred to as the Court's "ninth and a half" member.      A) The U.S. attorney generalB) The surgeon generalC) The chairman of the Senate...
D
88) Who is most likely to write an amicus brief?     A) the chief justiceB) the chief justice if he is in the majority; the associate justice with the most seniority...
E
89) During conference, Supreme Court justices speak     A) in order of ideology.B) in whatever order suits them.C) in order of seniority.D) in order of interest.E)...
C
90) Political scientists have found that oral arguments before the Supreme Court serve several important functions, includingI. allowing the media to observe part of the Court's...
D
91) When a justice agrees with the decision of the Court but not the reasoning, he or she may write a ________ opinion.      A) concordant     ...
E
92) The idea that judges should use their power broadly to further justice is called      A) judicial moderation.B) judicial restraint.C) judicial activism.D)...
C
93) The idea that judges should allow the decisions of other branches to stand is called      A) adherence to precedent.B) strict constructionism.C) judicial...
C
94) The idea that judges should refrain from making policy is referred to as     A) stare decisis.B) judicial theology.C) judicial delegation.D) judicial restraint.E)...
D
95) Which of the following is an example of judicial activism?     A) Gonzales v. CarhartB) Gregg v. GeorgiaC) Clinton v. JonesD) Brown v. Board of EducationE) Plessy...
D
96) Among the ________ looked at by some political scientists trying to explain Supreme Court decision making are childhood experiences, religious values, and previous careers. \ A)...
C
97) Some argue that Supreme Court justices will vote against hearing an interesting case if they think they will lose in the final decision. This would support the ________ model of...
E
98) Judicial implementation is   A) When judges use the power of the bench to influence policy.B) When judges emphasize the Framers' "Original Intent" when making decisions...
E
99) Korematsu v. U.S. is as an example of      A) how public opinion can influence the Supreme Court.B) how the Supreme Court can influence public opinion.C)...
A
100) The Supreme Court's decision that permitted the internment of the Japanese Americans during World War II is as an example of      100) _____ A) how public...
A


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