Chapter 16 Rippee 4th
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- 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
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