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Chapter 16 Rippee 4th

31 Questions
Chapter 16 Rippee 4th

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Questions and Answers
  • 1. 
    Judicial interpretation of an act of Congress; Congress occasionally passes new legislation to clarify existing laws when this is an issue
  • 2. 
    Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties; attempt to influence a court's decision
  • 3. 
    Judicial interpretation of an act of Congress; Congress occasionally passes new legislation to clarify existing laws when this is an issue
  • 4. 
    Requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies
  • 5. 
    Statement of legal reasoning
  • 6. 
    Jurisdiction of courts, who view the legal issues involved rather than the factual record, that hear cases brought to them on appeal from lower courts
  • 7. 
    Jurisdiction of courts, who are the ones that determine the facts about a case, that hear a case first, usually in a trial
  • 8. 
    Judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground; emphasis that the courts can correct pressing needs, especially those unmet by the majoritarian political process, is important to advocates of this approach
  • 9. 
    Presidential appointee and the third-ranking office in the Department of Justice; in charge of the appellate court litigation of the federal government
  • 10. 
    Judicial philosophy in which judges play minimal roles, leaving that duty strictly to the legislatures
  • 11. 
    Latin phrase meaning "let the decision stand"; principle on which most cases reaching appellate courts are settled
  • 12. 
    Unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve; tradition applies to courts of appeal when there is opposition from the nominee's state senator
  • 13. 
    The Constitution provided for:
    • A. 

      A Supreme Court and an intricate system of lower federal courts

    • B. 

      A Supreme Court, federal courts, and state courts all connected in one federal system

    • C. 

      A federal court system that could include a Supreme Court and appellate courts

    • D. 

      State courts and the ability of Congress to create whatever federal courts it deemed necessary

    • E. 

      A Supreme Court and whatever other courts Congress deemed necessary and proper

  • 14. 
    The point of origin for most cases in the federal system would be:
    • A. 

      Legislative courts

    • B. 

      Appellate courts

    • C. 

      The Supreme Court

    • D. 

      Federal district courts

    • E. 

      Specialized courts

  • 15. 
    The United States Court of Appeals for the Federal Circuit:
    • A. 

      Hears appeals in specialized cases such as copyright law, patents, and tariffs

    • B. 

      Hears appeals from all federal district courts

    • C. 

      Conducts oversight on the Supreme Court

    • D. 

      Is a court of original jurisdiction

    • E. 

      Hears only military appeals resulting from court martial proceedings

  • 16. 
    The Supreme Court today consists of a Chief Justice and:
    • A. 

      Nine associate justices

    • B. 

      Two assistant chief justices and six associate justices

    • C. 

      Eight associate justices

    • D. 

      Twelve associate justices, one of which is designated as assistant to the Chief Justice

    • E. 

      Four assistant justices making a total of five

  • 17. 
    The Supreme Court’s docket is mainly comprised of cases from:
    • A. 

      State criminal courts

    • B. 

      Law suits from state civil courts

    • C. 

      Civil cases from federal courts

    • D. 

      Original jurisdiction

    • E. 

      United States Court of Appeals for the Federal Circuit

  • 18. 
    Which of the following statements concerning federal judges is NOT true?
    • A. 

      Federal judges are appointed by the president

    • B. 

      Federal judges, with the exception of a few specialized courts, have life tenure

    • C. 

      Federal judges cannot have their salaries reduced while in office

    • D. 

      Federal judges require confirmation by the Senate once appointed by the President

    • E. 

      Federal judges must be natural citizens born the United States

  • 19. 
    After being appointed by the President, a Supreme Court nominee is investigated by:
    • A. 

      The House Committee on Judges and Justices

    • B. 

      The Senate Judiciary Committee

    • C. 

      The FBI and the Justice Department

    • D. 

      The Attorney General

    • E. 

      The House Rules Committee

  • 20. 
    John Marshall strengthened the power of the Supreme Court by invoking judicial review in:
    • A. 

      McCulloch v. Maryland

    • B. 

      Gibbons v. Ogden

    • C. 

      Marbury v. Madison

    • D. 

      Brown v. Board of Education

    • E. 

      Scott v. Stanford

  • 21. 
    The example of Eisenhower selecting Earl Warren to the Supreme Court demonstrates:
    • A. 

      The wisdom of putting a friend on the Court

    • B. 

      The ability of a President to select the right man for the administrations purposes

    • C. 

      The importance of partisanship in Court selection

    • D. 

      The possibility that a persons past record might not reflect his or her actions on the Court once appointed

    • E. 

      How a President can get his nominee rejected by the Senate Judiciary Committee

  • 22. 
    The most common manner for a case to come before the court is:
    • A. 

      On a writ of certiorari

    • B. 

      On a writ of mandamus

    • C. 

      As an amicus curiae brief

    • D. 

      As a stare decisis case

    • E. 

      On a per curiam decision

  • 23. 
    The concept of original intent means:
    • A. 

      The Supreme Court must decided cases as the original court of jurisdiction intended them to be decided

    • B. 

      All cases must be decided based on stare decisis

    • C. 

      The 14thAmendment must be considered in all cases dealing with the Bill of Rights as originally written by the Founders

    • D. 

      Judges should determine the purposes of the writers of the Constitution when deciding the outcome of cases

    • E. 

      Amicus curiae briefs must be the original basis of the Supreme Court’s rulings

  • 24. 
    President Nixon, hoping to move the court toward an attitude of strict construction selected ________________ as the Chief Justice in 1969.
    • A. 

      Earl Warren

    • B. 

      John Marshall

    • C. 

      Warren Burger

    • D. 

      William Rehnquist

    • E. 

      Sandra Day O’Connor

  • 25. 
    That the Supreme Court should be an advocate for the under-represented and politically weak would be an argument for:
    • A. 

      Judicial activism

    • B. 

      Judicial restraint

    • C. 

      Judicial review

    • D. 

      Original intent

    • E. 

      Stare decisis

  • 26. 
    When Alexander Hamilton stated that “the Constitution ought to be the standard of construction for the laws, and ... wherever there is an evident opposition; the laws ought to give place to the Constitution…” he was advocating for:
    • A. 

      Loose construction by the Courts

    • B. 

      Strict construction by the Courts

    • C. 

      The Courts to disregard the Constitution and do what they saw as correct

    • D. 

      Stare decisis in all cases

    • E. 

      Judicial activism

  • 27. 
    The general welfare clause and the necessary and proper clause are used as points of argument for those favoring:
    • A. 

      Judicial professionalism

    • B. 

      Judicial constraint

    • C. 

      Original intent

    • D. 

      Constitutionalism

    • E. 

      Loose constructionism

  • 28. 
    When a justice on the Supreme Court agrees with the opinion of the Court but wishes to announce a different Constitutional or legal basis for the decision, the justice would write a:
    • A. 

      Majority opinion

    • B. 

      Minority opinion

    • C. 

      Concurring opinion

    • D. 

      Dissenting opinion

    • E. 

      Opinion of the Court

  • 29. 
    In order for the Supreme Court to hear a case:
    • A. 

      A lower court must request the hearing

    • B. 

      Four of the justices must agree to hear the case

    • C. 

      A major Constitutional issue must be questioned

    • D. 

      The President must ask for the hearing

    • E. 

      The Chief Justice must want the case to appear on the Court’s Docket

  • 30. 
    Today, most judges are selected by Presidents based on:
    • A. 

      Ideology

    • B. 

      Partisanship

    • C. 

      Judicial experience

    • D. 

      Credentials and their resume

    • E. 

      Friendship with the President before the nomination

  • 31. 
    Which of the following is NOT true concerning Senatorial courtesy?
    • A. 

      Nominees for the federal bench are not confirmed if opposed by the senator of the President’s party from the home state of the nominee

    • B. 

      Presidents usually contact the Senators from a nominee’s home state prior to making the official announcement to avoid later problems with Senatorial courtesy

    • C. 

      The tradition of Senatorial courtesy places a great amount of power for the nomination process in the hands of the Senators

    • D. 

      Senatorial courtesy is an old fashion tradition which is not always followed by Presidents today

    • E. 

      Senators may invoke Senatorial courtesy without documentation or proof of why a nominee is unfit for the job