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Q:
An unscientific poll that gathers the opinions of people who are conveniently available in a particular gathering place is called
A.a straw poll.
B.an election.
C.a drill.
D.a public opinion poll.
E.a generalized public survey.
Q:
What is the name of the method of measuring the opinions of a large group of people by selecting a subset of the larger group, asking them a set of questions, and generalizing the findings to the larger group?
A.election
B.canvass
C.public opinion poll
D.sample
E.public mindset assessment
Q:
Discuss the advantages and disadvantages of judicial activism and judicial restraint.
Q:
Discuss the criteria for nominating Supreme Court justices and the process by which the nominees are confirmed. How has the process changed in recent years?
Q:
Describe the racial, ethnic, and gender makeup of the federal courts. Does it matter that some groups are underrepresented and other groups are overrepresented? Why?
Q:
What discretion does the U.S. Supreme Court have in choosing the cases in which it will issue a ruling? Describe the process in which justices reach their decisions.
Q:
A hotly debated political topic in recent decades has involved judicial restraint versus judicial activism. Describe these two judicial ideologies. What are the differences between them? How does each ideology impact the social and political environment?
Q:
Discuss some of the considerations taken and prerogatives involved when the president appoints justices to the U.S. Supreme Court.
Q:
Article III of the U.S. Constitution creates the judicial branch and the U.S. Supreme Court, yet it describes little as to the powers of the Court. Describe the case of Marbury v. Madison (1803) and the reasons for its importance. Discuss its impact on checks and balances among the branches of government.
Q:
The U.S. Supreme Court is the "highest court in the land," yet it does not have original jurisdiction in most cases. How does a case from a state court enter the federal system? Describe the different ways in which cases move on to the Supreme Court.
Q:
Several types of laws have influenced the creation of the American judicial system. Discuss the differences among the following: criminal law, constitutional law, administrative law, and common law.
Q:
__________ has been referred to as the unofficial member of the Supreme Court.
A.The solicitor general
B.The U.S. attorney general
C.The surgeon general
D.The U.S. Department of Justice
E.The chairman of the Senate Judiciary Committee
Q:
The U.S. Supreme Court has original jurisdiction in all cases EXCEPT
A.cases affecting diplomats.
B.cases affecting federal agents.
C.cases where a citizen seeks a writ of mandamus.
D.those where one of the parties is a state.
E.those where two of the parties are states.
Q:
Senatorial courtesy
A.requires a two-thirds majority vote to begin the process.
B.refers to the procedural process in the Senate to be polite to other senators.
C.refers to the right of a single senator to bar any judicial nomination.
D.prevents politics from influencing the selection process for federal judges.
E.is the deference a president gives to select senators when nominating district court judges.
Q:
If the Supreme Court decides to allow law enforcement officials to use electronic data scanners for surveillance purposes because it has previously allowed the use of thermal imaging cameras in criminal investigations, it is applying the doctrine of
A.amicus curiae.
B.stare decisis.
C.fortuna opes auferre.
D.per curiam.
E.seriatim.
Q:
When relying on a prior judicial decision in a case that is similar in nature, the ruling is based on
A.stare decisis.
B.per curium.
C.writ of certiorari.
D.precedent.
E.the rule of four.
Q:
__________ includes codes of behavior related to business relationships between groups and individuals.
A.Criminal Law
B.Civil Law
C.Family Law
D.Natural Law
E.Constitutional Law
Q:
On the state court level of original jurisdiction, cases begin in
A.high courts.
B.appellate courts.
C.trial courts.
D.select courts.
E.district courts.
Q:
The belief that the Supreme Court should have the power of judicial review is included in
A.the Declaration of Independence.
B.the Bill of Rights.
C.the Fourteenth Amendment.
D.the Federalist Papers.
E.the Constitution.
Q:
John Marshall's interpretations demonstrated his ideology was consistent with that of a
A.Tory.
B.Whig.
C.Federalist.
D.Anti-Federalist.
E.Son of Liberty.
Q:
In McCulloch v. Maryland, the Supreme Court
A.established per curium opinions.
B.eliminated per curium opinions.
C.declared Congress would be the final arbiter of constitutionality.
D.declared States would be the final arbiter of constitutionality.
E.broadly interpreted the necessary and proper clause.
Q:
The Judiciary Act of 1789
A.created the Supreme Court and its jurisdiction.
B.established the state court systems.
C.established the basic structure of the federal court system.
D.granted the Supreme Court the power of judicial review.
E.established local court systems within the 13 states.
Q:
Why did the Framers include life-long tenure for federal judges?
A.It would make the judiciary more powerful than Congress or the president.
B.It was a measure intended to make the process of locating and agreeing on good candidates more difficult.
C.It was a measure intended to make judges more independent and free from political pressures.
D.It was believed that no one would take the responsibility without a strong sense of job security.
E.It was believed that this would ensure that judges would remain ethical while in office.
Q:
Who is considered the most influential justice to ever serve on the Supreme Court?
A.John Jay
B.Thurgood Marshall
C.John Marshall
D.Warren Burger
E.Oliver Wendell Holmes
Q:
Which of the following is an advantage of a being a Supreme Court clerk?
A.Clerks receive the same salary that justices receive.
B.Clerks can be the deciding vote if the Court is tied.
C.Clerks are the only people who can listen to oral arguments.
D.Clerks decide which cases the justices will hear.
E.Former clerks are highly recruited by law firms and often receive large salaries.
Q:
Alexander Hamilton once said that the Supreme Court was
A.the least dangerous branch.
B.the most dangerous branch.
C.the most prestigious branch.
D.the most influential branch.
E.the least corrupt branch.
Q:
Outside parties with an interest in the case may file "friend of the court" briefs, which in legal terminology are referred to as
A.concurring opinions.
B.dissenting opinions.
C.amicus curiae briefs.
D.rallying briefs.
E.solicitations.
Q:
In recent decades many federal judges have been accused of "legislating from the bench" by departing from judicial precedent in favor of social policies that they favored. Critics, who complain that such action circumvents the legislative function, refer to this procedure as
A.precedent raiding.
B.amicus curiae.
C.judicial activism.
D.judicial restraint.
E.judicial prejudice.
Q:
The legal procedure by which a current court "stands by the decision" of a previous court that has already settled the issue is referred to as
A.amicus curiae.
B.habeas corpus.
C.certiorari.
D.stare decisis.
E.concurrence.
Q:
Which high-ranking employee of the United States government is responsible for arguing on behalf of the government before the U.S. Supreme Court?
A.Chief Justice of the Supreme Court
B.White House Legal Counsel
C.District Attorney
D.U.S. Attorney General
E.U.S. Solicitor General
Q:
Most cases that come before the U.S. Supreme Court are discretionary, meaning the Court chooses to hear the case. They are "called up" from the lower courts using a legal process referred to as
A.writ of habeas corpus.
B.writ of mandamus.
C.writ of certiorari.
D.subpoena.
E.warrant.
Q:
The first female justice of the U.S. Supreme Court was appointed in what year?
A.1790
B.1865
C.1900
D.1981
E.2001
Q:
Traditionally the U.S. Supreme Court has been dominated by the appointment of white males. This tradition was first broken with the appointment of an African American in what year?
A.1865
B.1883
C.1920
D.1967
E.2005
Q:
Which of the following characteristics is NOT one of the considerations that a president normally uses when selecting a nominee for an open seat on the U.S. Supreme Court?
A.the nominee's ideological and policy preferences
B.the nominee's judicial competence
C.the nominee's experience as a trial lawyer
D.demographic considerations such as race or gender of the nominee
E.the current political environment
Q:
Growing in popularity and use is the "Missouri Plan" for selecting judges at the state level. What are the steps in this process?
A.A non-partisan commission appoints the judge, and after a two-year trial service the governor may appoint for life.
B.A judge is appointed by the governor through a partisan process but later must run for reelection as a non-partisan candidate.
C.A judicial nominating committee chooses three judicial candidates based on merit, the governor appoints one from the list, and after two years the judge stands for election by the voters.
D.The state supreme court convenes a committee comprised of three of its justices, who then choose the new judge based on merit issues.
E.The legislature chooses the judge by a three-fourths vote and the judge is then appointed for a life term.
Q:
A circuit court of appeals may meet "en banc," meaning that
A.the entire court must unanimously agree to convene.
B.it is meeting in secret.
C.the court does not publish its rulings.
D.the litigant appeals from the three-judge panel to the full circuit court, which may contain twenty or more judges.
E.the case is heard without the justices having actually to be present but the ruling by the attorneys may be appealed to the full court.
Q:
Though the Supreme Court often lacks enforcement power for its decisions, it has historically issued a number of very influential and powerful rulings. One such ruling was Brown v. Board of Education (1954). What was the effect of this ruling?
A.All slaves born within the borders of the United States were free.
B.The southern states in the confederacy during the Civil War did not have the legal standing or authority to withdraw from the Union.
C.All children received the right to a free education.
D.Compulsory education was considered unconstitutional.
E."Separate but equal" school facilities for black and white children were unconstitutional and must desegregate immediately, thus breaking down legal segregation overall.
Q:
Which of the following is NOT a limitation on the powers of the judicial branch?
A.Federal courts cannot initiate or maintain lawsuits.
B.Federal courts can only hear lawsuits that constitute true cases or controversies.
C.Federal courts can provide only a limited scope of relief.
D.Federal courts must rely on other branches of government for enforcement.
E.Federal courts may not hear cases that arise out of state court cases.
Q:
The Supreme Court uses a significant power to declare acts of the other two branches of government, and of state governments, as unconstitutional and thus invalid. This power is referred to as
A.appellate review.
B.judicial veto.
C.judicial review.
D.veto override.
E.ratification.
Q:
Which Fifth Amendment protection prohibits a defendant who has been tried and found not guilty from ever being tried again for same crime?
A.protection against double jeopardy
B.protection from self-incrimination
C.plea bargain
D.negotiated plea
E.right to a speedy trial
Q:
Approximately what percentage of convictions in the federal judicial system are the direct result of a negotiated plea bargain?
A.less than 10 percent
B.about 45 percent
C.approximately 65 percent
D.about 89 percent
E.about 95 percent
Q:
Which of the following is NOT a result of plea bargaining?
A.It allows the defendant to avoid a trial until an appeal can be filed to a higher court.
B.It normally allows the defendant to avoid a prison sentence or significantly reduces the sentence.
C.It avoids lengthy and expensive trials.
D.It often allows prosecutors to gain cooperation in other cases from the defendant in exchange for the reduced sentence.
E.It reduces the court docket length and time.
Q:
The formal document, issued by the grand jury, which authorizes the government to proceed to trial against the defendant is called the
A.discovery.
B.indictment.
C.subpoena.
D.plea bargain.
E.arrest.
Q:
Which of the following is NOT one of the purposes and functions of a grand jury?
A.It receives complaints from the prosecutor.
B.It hears evidence from the prosecutor.
C.It determines whether a trial jury is justified.
D.It has a greater number of jurors than a trial jury and often uses them for a much longer time.
E.It determines guilt or innocence of the defendant in the action.
Q:
The standard of evidence in a criminal trial is the finding of guilt "beyond a reasonable doubt." What is the standard in a civil case?
A.the same, that is, "beyond a reasonable doubt"
B."preponderance of the evidence"
C."clear and convincing evidence"
D."probable cause"
E."reasonable suspicion"
Q:
The vast majority of civil cases never make it to trial. Which of the following is NOT a reason that a case may fail to proceed to trial?
A.The judge dismisses the case.
B.The judge determines in pre-trial activities that insufficient evidence exists.
C.The two parties settle the case out of court.
D.One or both of the parties decide not to participate.
E.The court rules that it does not have jurisdiction in the case.
Q:
What is the pre-trial stage that occurs when the judge finds no reason to dismiss a case and the case then moves forward toward trial?
A.complaint
B.indictment
C.litigation
D.moot court
E.discovery
Q:
The target of the complaint, who normally responds to the complaint with a formal written defense prior to appearing formally in court, is called the
A.recipient.
B.plaintiff.
C.defendant.
D.counsel.
E.adjudicated party.
Q:
The party that chooses to initiate formal legal proceedings is called the
A.initiator.
B.defendant.
C.plaintiff.
D.barrister.
E.counsel.
Q:
When one private party contests another and the lawsuit or action is brought before a judge in a court of law, the process is referred to collectively as
A.prosecution.
B.indictment.
C.litigation.
D.appeal.
E.civil discourse.
Q:
Which of the following is a system of justice used in the American legal system in which opposing parties contend against each other for a result favorable to themselves, while judges act as independent referees overseeing the contest?
A.adversarial system
B.inquisitorial system
C.civil system
D.criminal system
E.appellate system
Q:
From what sources does the U.S. Supreme Court receive its appeals?
A.All appeals are forwarded from the federal system's lower appellate courts.
B.Nearly all cases are appealed from the state courts.
C.Most cases are referred to the Supreme Court by the executive branch.
D.About half of the cases heard by the Supreme Court come from federal appellate courts and the other half come from the fifty state supreme courts.
E.The majority of Supreme Court appellate cases originated in the military courts.
Q:
A federal case that is appealed from the U.S. District Court may be appealed to one of 13 regional courts before it is presented to the U.S. Supreme Court. These 13 courts are referred to as
A.the U.S. Magistrates Court.
B.the U.S Court of Appeals.
C.the state supreme court.
D.the Superior Court.
E.the administrative court.
Q:
Which of the following would NOT be a circumstance in which a case would originate in the federal courts?
A.The lawsuit requires interpretation of the U.S. Constitution.
B.The lawsuit or action requires application or interpretation of federal law or treaty.
C.The federal government is suing or prosecuting someone or is itself being sued.
D.The lawsuit is between two citizens of different states.
E.The lawsuit or case involves a violation of a state's civil process.
Q:
Article III of the U.S. Constitution also gives Congress authority to create "inferior courts" as it determines a need. Which of the following is NOT an actual federal court?
A.military court
B.tax court
C.U.S. district court
D.bankruptcy court
E.court of impeachment
Q:
Article III of the U.S. Constitution creates the U.S. Supreme Court. How many justices does the Constitution require for the Supreme Court?
A.three
B.six
C.nine
D.12
E.the Constitution does not determine a number, but leaves this to the discretion of Congress
Q:
What was the importance of the U.S. Supreme Court ruling in Marbury v. Madison (1803)?
A.It established voting rights for women and freed slaves.
B.It overruled the Constitution by allowing state governments to enact laws that contradict the Constitution.
C.It established the power of the Supreme Court to review all acts of Congress for their constitutionality.
D.It ruled that Congress was subordinate to the judicial branch.
E.It established that the judicial branch could preapprove actions by the executive branch.
Q:
The U.S. Constitution declares that the Constitution is supreme law. The reality of this pronouncement can be quite complicated. But in theory, what impact does this have on state-level courts?
A.The federal courts have full authority over the state criminal and civil laws as well as the state courts.
B.All decisions by the state courts must be reviewed by the federal courts.
C.This is actually a common law statement from the 1700s that now has no meaning.
D.State courts must comply with pronouncements from the U.S. Supreme Court over the meaning of the Constitution and Bill of Rights.
E.All state courts are subordinate to the federal court system and Congress.
Q:
In order to appeal a case beyond the state supreme court directly to the U.S. Supreme Court, a losing party
A.must gain approval of its respective state senators.
B.must have approval of the federal court.
C.need not have filed the case in the state courts.
D.must have exhausted all remedies available at the state level.
E.must show that the U.S. Supreme Court has addressed similar cases in the past.
Q:
Approximately how many cases do the state courts process each year?
A.100,000
B.500,000
C.1 million
D.35 million
E.2 billion
Q:
Approximately 95 percent of the criminal and civil matters in the United States are handled by
A.state courts.
B.federal courts.
C.the federal appellate courts.
D.administrative hearing units.
E.plea bargains.
Q:
When the government acts like any other private citizen in a case, such as a lawsuit against a person for damage caused to the government, this type of law is referred to as
A.criminal law.
B.public law.
C.private law.
D.constitutional law.
E.administrative law.
Q:
What is the term used for the laws and rules that address disputes in which the government is acting in its official capacity upon individuals?
A.private law
B.case law
C.administrative law
D.public law
E.martial law
Q:
The rules, regulations, orders, and decisions issued by administrative agencies of government such as the Federal Trade Commission and the Environmental Protection Agency are collectively called
A.civil law.
B.common law.
C.case law.
D.constitutional law.
E.administrative law.
Q:
The rules and judicial interpretations of rules found in the fundamental law of a nation or state, such as the Constitution of the United States, are collectively called
A.criminal law.
B.civil law.
C.constitutional law.
D.negotiated law.
E.case law.
Q:
In some cases, such as that of O.J. Simpson in the 1990s, the defendant may be acquitted of a murder charge but may also be required in a separate court action to pay a large fine for "wrongful death." Under what type of law is this action generated?
A.criminal law
B.civil law
C.constitutional law
D.common law
E.appeal
Q:
How does criminal law differ from civil law with regard to charges and punishments?
A.Only criminal law allows for imprisonment as a punishment.
B.Criminal law does not allow for the use of fines as does civil law.
C.The two terms are interchangeable.
D.Civil law grants no authority for punishments.
E.An offender cannot be charged with both a criminal and a civil offense.
Q:
The rules and regulations that declare what types of conduct constitute an "offense against society" and prescribe the punishment to be imposed for such conduct are collectively referred to as
A.case law.
B.civil law.
C.constitutional law.
D.precedent.
E.criminal law.
Q:
Britain has historically differed from other European countries such as France and Germany because of its reliance upon
A.common law.
B.civil law.
C.legislative law.
D.administrative law.
E.executive precedent.
Q:
Judge-made law handed down through judicial opinions, which establish slowly evolving precedents over time, is referred to as
A.civil law.
B.common law.
C.legislative law.
D.pre-emptive law.
E.martial law.
Q:
Sets of legislative codes, laws, or rules that are enacted by duly authorized lawmaking bodies or offices are broadly known as
A.civil law.
B.martial law.
C.case law.
D.common law.
E.executive law.
Q:
Philosophers such as John Locke argued that a body of law existed that predates the formal creation of society and government. Locke argued that such laws are god-given, exist within human beings from the time they are born, and are intrinsic in human nature. This concept is referred to as
A.statutory law.
B.common law.
C.biblical law.
D.natural law.
E.moral law.
Q:
During confirmation hearings what authority does the Senate have in regard to examining a nominee's personal background?
A.The U.S. Constitution prohibits the Senate from delving into or divulging personal matters of the nominee prior to his/her nomination.
B.The Senate has no Constitutional restrictions on examining personal issues in the nominee's past.
C.The Senate may investigate a personal matter of a nominee only if it is directly related to his/her prior judicial experience.
D.The Senate may question the president concerning the nominee's past history but the nominee may not be questioned directly in the hearings.
E.An informal agreement has emerged over the decades in which the president's Supreme Court nominees are generally approved without challenge in the Senate.
Q:
In recent decades the Supreme Court has become rather evenly divided ideologically. What effect, if any, has this divide had on Senate confirmation hearings for potential justices?
A.The Senate is highly respected for its non-partisan approach to the hearings.
B.The Senate, in an attempt to block public opinion from influencing the nominee's proceedings, has held the hearings behind closed doors.
C.Because of the controversial nature of the hearings, the Senate has often relinquished its confirmation authority to the House of Representatives.
D.The Senate has tended to use the confirmation hearings as confrontational public forums in which many individuals and groups have a chance to publicly express their support or displeasure with the nominee and his/her ideology.
E.The Senate very rarely confirms any of the nominees presented to them.
Q:
How long do justices of the U.S. Supreme Court serve?
A.four-year terms with no reappointment
B.four-year terms but may be reappointed
C.eight-year terms
D.20-year terms
E.appointed for life
Q:
Article III of the U.S. Constitution creates the judicial branch and appoints the Supreme Court as the highest court in the land. How do Supreme Court justices gain their positions?
A.elected in a nationwide vote
B.elected by vote in a regional district
C.chosen by Congress
D.appointed by the president and confirmed by the U.S. Senate
E.appointed by the chief justice and confirmed by Congress
Q:
How does Congress, the president, and the judicial branch make bureaucracies accountable?
Q:
Compare and contrast the spoils system with a merit-based system. What are the advantages and disadvantages of each system? Which system would you prefer? Why?
Q:
Discuss how the following events have affected the nature of the American bureaucracy: the Civil War, Civil Service reform, the New Deal, World War II, and the 9/11 terrorist attacks. Give specific examples.
Q:
What impact did President Roosevelt's New Deal policies have on the federal bureaucracy during the Great Depression and into the 1940s? How did the policies of the Roosevelt administration compare to those of the Reagan administration in the 1980s and the emergence of devolution?