American Government Power and

Purpose 13th Edition Lowi Test Bank

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CHAPTER 8: The Federal Courts

MULTIPLE CHOICE

1. Cases in which the government (as plaintiff) charges an individual with violating a statute that has
been enacted to protect the public health, safety, morals, or welfare are classified as ________ law.
a. civil d. international
b. public e. common
c. criminal
ANS: C DIF: Easy TOP: Criminal Law (I.A.i)
MSC: Applying

2. Most criminal cases arise in which of the following courts?

a. the Supreme Court
b. state and municipal courts
c. federal district courts
d. federal appellate courts
e. arbitration outside of the court system
ANS: B DIF: Moderate TOP: Criminal Law (I.A.i)
MSC: Remembering

3. An individual accused of a traffic violation, such as speeding, would be accused of violating a

________ law.
a. civil d. natural
b. criminal e. public
c. private
ANS: B DIF: Moderate TOP: Criminal Law (I.A.i)
MSC: Applying

4. Cases involving disputes among individuals (or between individuals and the government) in which the
losers may be required to pay monetary damages for their actions but are not fined or sent to prison are
classified as ________ law.
a. civil d. international
b. public e. natural
c. criminal
ANS: A DIF: Moderate TOP: Civil Law (I.A.ii)
MSC: Understanding

5. The two most common types of civil cases involve:

a. contracts and torts d. tax evasion and illegal drugs
b. robbery and murder e. illegal drugs and petty thievery
c. traffic offenses and mail fraud
ANS: A DIF: Moderate TOP: Civil Law (I.A.ii)
MSC: Remembering
 6. Smith Manufacturing Corporation charges that Jones Distributors failed to honor an agreement to
deliver raw materials at a specified time, causing Smith to lose business. Smith asks the Court to order
Jones for compensation for damage that was allegedly suffered. This is an example of a typical
________ case.
a. public law d. contract
b. natural law e. tort
c. criminal
ANS: D DIF: Moderate TOP: Contracts (I.A.ii.a)
MSC: Applying

7. In a medical malpractice case, an individual alleges that he or she has been injured by another’s
negligence or malfeasance. Medical malpractice cases such as this involve which kind of law?
a. tort d. public law
b. contract e. natural law
c. criminal law
ANS: A DIF: Moderate TOP: Torts (I.A.ii.b)
MSC: Applying

8. Which of the following examples is a major form of public law?

a. tort law d. criminal law
b. contract law e. constitutional law
c. stare decisis
ANS: E DIF: Moderate TOP: Public Law (I.A.iii)
MSC: Applying

9. Under which condition would a criminal case enter the realm of public law?
a. if the plaintiff appeals to a higher court
b. if the plaintiff waives the right to a jury trial
c. if the defendant is found not to have standing
d. if the defendant claims that constitutional rights were violated
e. if the losing party in federal court appeals to a state court
ANS: D DIF: Moderate TOP: Public Law (I.A.iii)
MSC: Applying

10. Which of the following examples describes the arena of public law that involves disputes over the
jurisdiction, procedures, or authority of government agencies?
a. regulatory law d. agency mediation
b. administrative law e. agency resolution
c. juridical oversight
ANS: B DIF: Moderate TOP: Public Law (I.A.iii)
MSC: Remembering

11. A dispute over the jurisdiction of the Department of Agriculture has been filed in the federal courts.
What is the case classified as?
a. regulatory law d. agency mediation
b. administrative law e. agency resolution
c. judicial oversight
 ANS: B DIF: Moderate TOP: Public Law (I.A.iii)
MSC: Applying

12. In a court case, the party that brings charges is called the:
a. litigant d. defendant
b. suspect e. accused
c. plaintiff
ANS: C DIF: Moderate TOP: Plaintiffs and Defendants (I.B)
MSC: Remembering

13. If John Smith was pulled over for speeding and he appealed his ticket in court, the plaintiff would be
the:
a. arresting officer d. local sheriff
b. judge e. district attorney
c. government
ANS: C DIF: Moderate TOP: Plaintiffs and Defendants (I.B)
MSC: Applying

14. Ninety-nine percent of all court cases in the United States are heard in which of the following venues?
a. the Supreme Court d. federal appellate courts
b. state and local courts e. military tribunals
c. federal district courts
ANS: B DIF: Moderate TOP: State versus Federal (II.A.i)
MSC: Remembering

15. In civil cases, most litigation is brought in the:

a. federal district courts
b. federal circuit courts
c. U.S. Supreme Court
d. courts established by the state in which the activity in question took place
e. judicial venue most likely to produce an unbiased jury for the issue in question
ANS: D DIF: Difficult TOP: State versus Federal (II.A.i)
MSC: Remembering

16. The court that initially hears a criminal or civil case is the ________ court.
a. trial d. appellate
b. circuit e. justice
c. original
ANS: A DIF: Moderate TOP: Trial Court (II.A.ii)
MSC: Remembering

17. If a defendant is convicted of robbery in a trial court, he or she may choose to re-file the case in a
higher court, such as:
a. the same court where it was previously heard
b. a different trial court
c. a secondary court
d. a tertiary court
 e. a court of appeals
ANS: E DIF: Easy TOP: Appellate Court (II.A.iii)
MSC: Applying

18. In the United States, the basis for the authority of judges is:
a. Congress
b. common law
c. their electoral base
d. the Constitution and laws
e. the Judicial Conference of the United States
ANS: D DIF: Easy TOP: Federal Jurisdiction (II.B)
MSC: Understanding

19. Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake
may be heard in either the federal or the state courts, usually depending on the preference of the:
a. judge d. prosecuting attorney
b. plaintiff e. grand jury
c. defendant
ANS: B DIF: Difficult TOP: Federal Jurisdiction (II.B)
MSC: Remembering

20. For the most part, Congress has assigned federal court jurisdictions on the basis of:
a. function d. level of government
b. ideology e. the type of law involved in the case
c. geography
ANS: C DIF: Moderate TOP: Federal Jurisdiction (II.B)
MSC: Understanding

21. Which of the following courts exercises appellate jurisdiction over cases heard by the district courts
within its region?
a. each circuit court d. the U.S. Court of Federal Claims
b. the Supreme Court e. the International Criminal Courts
c. state supreme courts
ANS: A DIF: Moderate TOP: Federal Jurisdiction (II.B)
MSC: Remembering

22. Which court hears appeals involving patent law and those appeals arising from the decisions of the
trade and claims court?
a. Commercial Tribunal
b. Court of Trade Appeals
c. Court of Federal Claims
d. Court of Appeals for the Federal Circuit
e. Court of International Trade
ANS: D DIF: Moderate TOP: Federal Jurisdiction (II.B)
MSC: Remembering

23. Which of the following is true regarding Article I courts and Article III courts?
 a. Article I court judges serve life terms, whereas Article III court judges serve terms of 10 to
15 years.
b. Neither Article I nor Article III court judges can have their salaries reduced during their
terms.
c. Article I courts are less independent than Article III courts.
d. Article I court judges are not required to have law degrees, whereas Article III court
judges are.
e. Article I courts can hear international cases, whereas Article III courts may not.
ANS: C DIF: Moderate TOP: Federal Jurisdiction (II.B)
MSC: Remembering

24. Under what circumstances is the U.S. Supreme Court able to claim jurisdiction over cases originally
heard in state courts?
a. if the losing litigant in state courts was unhappy with the outcome of the case and wants to
appeal to the U.S. Supreme Court
b. if the losing litigant raises a federal issue, often one in which they have been deprived of
their due-process rights in the U.S. Constitution
c. if the winning litigant and losing litigant agree that they would like the input of the
Supreme Court instead of the state courts
d. if the winning litigant and losing litigant want the U.S. Supreme Court to make the
outcome of the case precedent for the entire country
e. if the solicitor general is willing to write an amicus brief for the appellant
ANS: B DIF: Moderate TOP: Federal Jurisdiction (II.B)
MSC: Understanding

25. Which constitutional article gives the Supreme Court appellate jurisdiction in all federal cases?
a. Article I d. Article IV
b. Article II e. Article V
c. Article III
ANS: C DIF: Easy TOP: Federal Jurisdiction (II.B)
MSC: Remembering

26. Which constitutional article gives the Supreme Court original jurisdiction in cases involving foreign
ambassadors and issues in which a state is a party?
a. Article I d. Article IV
b. Article II e. Article V
c. Article III
ANS: C DIF: Easy TOP: Original versus Appellate (II.B.i)
MSC: Remembering

27. A court order to the authorities to release a prisoner deemed to be held in violation of his or her rights
is known as a(n):
a. writ of mandamus d. in propie persona decree
b. writ of habeas corpus e. non compos mentis decree
c. writ of te libero
ANS: B DIF: Moderate
TOP: Appellate Jurisdiction over State Decisions (II.B.ii) MSC: Remembering
28. A state supreme court ruled against an individual claiming that she was denied her Fifth Amendment
right to due process. It is possible that the state court’s decision can be appealed in which of the
following venues?
a. U.S. Supreme Court d. U.S. International Trade Court
b. State Courts of Appeals e. U.S. Court of Federal Claims
c. U.S. District Courts
ANS: A DIF: Moderate
TOP: Appellate Jurisdiction over State Decisions (II.B.ii) MSC: Applying

29. The trial courts of general jurisdiction at the federal level are called ________ courts.
a. supreme d. federal claims
b. circuit e. district
c. original
ANS: E DIF: Moderate TOP: Federal Trial Courts (II.C)
MSC: Remembering

30. Except for a handful of cases selected for review by the U.S. Supreme Court, the final federal courts to
which a case can be appealed are the:
a. U.S. District Courts d. U.S. Court of Criminal Appeals
b. U.S. Circuit Courts of Appeals e. U.S. Court of Federal Claims
c. U.S. Military Tribunals
ANS: B DIF: Moderate TOP: Federal Appellate Courts (II.D)
MSC: Understanding

31. Which constitutional article grants the Supreme Court “the judicial Power of the United States”?
a. Article I d. Article IV
b. Article II e. Article V
c. Article III
ANS: C DIF: Easy TOP: The Supreme Court (II.E)
MSC: Remembering

32. The justice on the Supreme Court who presides over the Court’s public sessions is the ________
justice.
a. supreme d. senior
b. honorable e. high
c. chief
ANS: C DIF: Easy TOP: Chief Justice (II.E.i)
MSC: Remembering

33. The specific number of justices who sit on the United States Supreme Court is determined by:
a. the U.S. attorney general
b. Congress
c. the president
d. the Supreme Court
e. the chief justice of the Supreme Court
ANS: B DIF: Moderate TOP: Court Size (II.E.ii)
MSC: Remembering
34. The Supreme Court’s reaction to President Franklin Roosevelt’s plan to “pack” the Court by
increasing the number of justices has been nicknamed in history as:
a. “the whole nine yards” d. “Court stuffing”
b. “the cat with nine lives” e. “Court bashing”
c. “the switch in time that saved nine”
ANS: C DIF: Moderate TOP: Court Size (II.E.ii)
MSC: Remembering

35. Federal judges are appointed by the:

a. president d. Senate Judiciary Committee
b. Supreme Court e. chief justice
c. American Bar Association
ANS: A DIF: Easy TOP: Judicial Appointments (II.F)
MSC: Remembering

36. Although presidents prefer Supreme Court candidates to mirror their policy preferences, which of the
following explains why they cannot always expect nominees to fulfill their expectations?
a. judicial disconfirmation d. judicial expansion
b. judicial activism e. judicial independence
c. Article III of the U.S. Constitution
ANS: E DIF: Moderate TOP: Judicial Appointments (II.F)
MSC: Analyzing

37. Individual senators who share the president’s party identification can effectively exercise veto power
over appointments to the federal bench in their own states through an informal but seldom violated
practice called:
a. judicial abatement d. senatorial privilege
b. legislative blackball e. senatorial courtesy
c. advise and consent
ANS: E DIF: Moderate TOP: Senatorial Courtesy (II.F.i)
MSC: Remembering

38. Once the president has formally nominated an individual for the courts, the nominee must be
considered by the:
a. American Bar Association
b. Senate Judiciary Committee
c. House Judiciary Committee
d. House and Senate Judiciary Committees
e. American Civil Liberties Union
ANS: B DIF: Moderate TOP: Senate Judiciary Committee (II.F.ii)
MSC: Remembering

39. Because the Supreme Court has so much influence over American law and politics, presidents often
make decisions about Supreme Court appointments on the basis of:
a. the personality and temperament of the nominee
b. personal connections to the nominee
 c. political factors, like the nominee’s political ideology and philosophy
d. intellect and the quality of the nominee’s law school training
e. the number of law review publications written by the nominee
ANS: C DIF: Moderate TOP: Political Factors (II.F.iv)
MSC: Understanding

40. Which term best describes the power of the courts to declare actions of the legislative and executive
branches invalid or unconstitutional?
a. judicial review d. judicial legislation
b. judicial activism e. judicial rule making
c. judicial restraint
ANS: A DIF: Easy TOP: The Power of Judicial Review (III)
MSC: Understanding

41. When the Supreme Court declares that a new law recently passed by Congress is unconstitutional,
which of its powers is it utilizing?
a. coordination d. rule interpretation
b. judicial review e. arbitration
c. dispute resolution
ANS: B DIF: Moderate TOP: Review of Congressional Acts (III.A)
MSC: Applying

42. The court case of Marbury v. Madison established the legal power of the Supreme Court to:
a. amend the Constitution
b. review acts of Congress
c. establish lower federal courts
d. force parties in a legal conflict to settle prior to trial
e. issue a writ of mandamus
ANS: B DIF: Moderate TOP: Review of Congressional Acts (III.A)
MSC: Remembering

43. Which of the following explains why the Supreme Court has been more secure in its ability to strike
down acts of Congress?
a. Congress and the president tend to have less concern for the Supreme Court since the
number of landmark decisions has decreased over time.
b. The limited use of judicial review during its infancy has helped to reinforce greater
acceptance of the Court’s power to strike down laws.
c. Many Americans believe that federal law often supersedes state law.
d. Supreme Court justices have been less strategic about the decisions they make.
e. Controversy over judicial nominations has caused justices to be more hostile toward
Congress.
ANS: B DIF: Difficult TOP: Review of Congressional Acts (III.A)
MSC: Analyzing

44. The power of the Supreme Court to review state legislation or other state action and to determine its
constitutionality is implied by the logic contained in the:
a. tradition of common law inherited from the English judicial system
b. system of separated institutions sharing powers as outlined in the Constitution
 c. 1890 State Act and the necessary and proper clause to the Constitution
d. supremacy clause of Article VI of the Constitution and the Judiciary Act of 1789
e. cases and controversies clause of Article III
ANS: D DIF: Difficult TOP: Review of State Actions (III.B)
MSC: Understanding

45. When the Supreme Court mandated that Yaser Esam Hamdi, an apparent Taliban soldier, was entitled
to basic civil rights such as the right to counsel even though the Bush administration had classified him
as an enemy combatant, the Court exemplified its power to:
a. review actions of Congress d. interpret federal statutes
b. review actions of the president e. interpret administrative rules
c. review actions of state courts
ANS: B DIF: Easy TOP: Review of Presidential Actions (III.D)
MSC: Applying

46. Over the centuries, judges have developed a body of rules and principles of interpretation that are not
grounded in specific statutes that are called ________ law.
a. basic d. judicial
b. unwritten e. fundamental
c. common
ANS: C DIF: Moderate TOP: Judicial Review and Lawmaking (III.E)
MSC: Remembering

47. An individual who claims that she will be damaged by a bill passing through Congress calls into
question which of the following standards?
a. ripeness d. forma pauperis
b. mootness e. certiorari
c. standing
ANS: A DIF: Moderate TOP: Rules of Access (IV.A.i)
MSC: Applying

48. Article III of the Constitution and Supreme Court decisions define judicial power as extending only to:
a. laws and policies d. crimes and misdemeanors
b. rules and regulations e. federal and international crimes
c. cases and controversies
ANS: C DIF: Difficult TOP: Cases and Controversies (IV.A.i.a)
MSC: Remembering

49. In the American judicial system, parties to a case must demonstrate that they have a substantial stake
in the outcome of the case called:
a. standing d. status
b. stature e. mootness
c. stability
ANS: A DIF: Moderate TOP: Standing (IV.A.i.b)
MSC: Remembering

50. Which criterion is used by the courts to screen cases that no longer require resolution?
 a. standing d. status
b. stature e. mootness
c. stability
ANS: E DIF: Moderate TOP: Mootness (IV.A.i.c)
MSC: Remembering

51. Most cases reach the Supreme Court through a writ of:
a. certiorari d. habeas corpus
b. publici juris e. in forma pauperis
c. jurisprudence
ANS: A DIF: Moderate TOP: Writ of Certiorari (IV.A.ii)
MSC: Remembering

52. In order for the Supreme Court to grant certiorari, agreement has to be reached by at least ________
justices.
a. two d. five
b. three e. six
c. four
ANS: C DIF: Moderate TOP: Writ of Certiorari (IV.A.ii)
MSC: Remembering

53. Besides the justices who staff the Court, the individual who has the greatest immediate influence on
the work of the Supreme Court is the:
a. president d. attorney general
b. vice president e. White House counsel
c. solicitor general
ANS: C DIF: Moderate TOP: Solicitor General (IV.B.i)
MSC: Remembering

54. Individuals or groups who are not parties to a lawsuit but who seek to assist the court in reaching a
decision (including, often, the solicitor general) can present additional briefs called:
a. per curiam d. dissenting opinions
b. amicus curiae e. concurring opinions
c. assenting opinions
ANS: B DIF: Moderate TOP: Amicus Briefs (IV.B.i.a)
MSC: Remembering

55. Attorneys on both sides of a legal case muster the most compelling precedents they can in support of
their arguments about why the Court should rule in favor of their clients in written documents called:
a. torts d. contracts
b. briefs e. opinions
c. claims
ANS: B DIF: Moderate TOP: Preparation (IV.C.i)
MSC: Remembering

56. Including time for questions, attorneys presenting oral arguments before the Supreme Court must limit
their presentation to within:
 a. thirty minutes d. four hours
b. one hour e. one day
c. two hours
ANS: A DIF: Difficult TOP: Oral Argument (IV.C.ii)
MSC: Remembering

57. After a decision has been reached, one of the members of the majority is assigned to write the:
a. opinion d. writ of habeas corpus
b. writ of certiorari e. brief
c. regular concurrence
ANS: A DIF: Moderate TOP: Majority Opinion (IV.C.iv.a)
MSC: Remembering

58. Some members of the majority may agree with both the outcome and the rationale of a Supreme Court
decision, but wish to emphasize or highlight a particular point and so draft a:
a. regular concurrence d. conditional accordance
b. special concurrence e. writ of clarification
c. qualified accordance
ANS: A DIF: Moderate TOP: Concurring Opinions (IV.C.iv.b)
MSC: Remembering

59. One or more justices may agree with the majority but disagree with the rationale presented in the
majority opinion. These justices may then draft the:
a. written objection d. special concurrence
b. dissenting opinion e. writ of clarification
c. regular concurrence
ANS: D DIF: Moderate TOP: Concurring Opinions (IV.C.iv.b)
MSC: Remembering

60. The decision written by a justice with the minority opinion in a particular case, in which the justice
fully explains the reasoning behind his or her opinion, is known as a:
a. reproachment d. dissenting opinion
b. minority report e. special concurrence
c. judicial objection
ANS: D DIF: Moderate TOP: Dissenting Opinions (IV.C.iv.c)
MSC: Remembering

61. In 2002, Justice David Souter wrote a 34-page dissent, which upheld the use of government-funded
school vouchers to pay for parochial school tuition. Why might Supreme Court justices decide to write
a long, dissenting opinion such as this?
a. It might help justices clarify their arguments for a more knowledgeable public.
b. It might help them convince a swing justice to join their side on the next round of cases
dealing with a similar topic.
c. It may help justices deal with any confusion they might have about the facts of a case.
d. It will allow justices to craft a superior legal argument.
e. Justices can ensure greater respect from their colleagues.
ANS: B DIF: Moderate TOP: Dissenting Opinions (IV.C.iv.c)
 MSC: Analyzing

62. Justices O’Connor and Kennedy have both been known for breaking ties in 5–4 Supreme Court
decisions. These “tie breakers” are also known as:
a. ideological voters d. collegial voters
b. coalition voters e. outlier voters
c. swing voters
ANS: C DIF: Moderate TOP: Supreme Court Justices (V.A.i)
MSC: Applying

63. A judicial philosophy holding that, when making decisions, the courts should remain as close as
possible to the actual wording of the Constitution and other laws as well as to the original intent of
lawmakers is considered to be indicative of judicial:
a. restraint d. flexibility
b. activism e. impartiality
c. discipline
ANS: A DIF: Moderate TOP: Activism and Restraint (V.A.ii)
MSC: Remembering

64. A judicial philosophy that, when making decisions, the courts should see beyond the text of the
Constitution or a statute in order to consider broader societal implications is considered to be
indicative of judicial:
a. restraint d. flexibility
b. activism e. expansion
c. discipline
ANS: B DIF: Moderate TOP: Activism and Restraint (V.A.ii)
MSC: Remembering

65. Justice Harry Blackmun’s decision in Roe v. Wade was based on a judicial philosophy that involved
looking beyond the text of the Constitution to find a right to an abortion. He used the philosophy of
judicial:
a. restraint d. flexibility
b. activism e. expansion
c. discipline
ANS: B DIF: Moderate TOP: Activism and Restraint (V.A.ii)
MSC: Applying

66. What is the president’s most direct influence on the Court?

a. to instruct and direct the solicitor general
b. to nominate judges whom he or she believes are close to the administration’s policy
preferences
c. to file an amicus brief
d. to threaten to impeach sitting justices
e. lobby sitting justices in special White House meetings
ANS: B DIF: Moderate TOP: The President (V.A.v)
MSC: Remembering
 67. The application of prior court decisions to a case is also known as:
a. standards d. bench rulings
b. legal precedents e. briefs
c. touchmarks
ANS: B DIF: Moderate TOP: Precedent and Stare Decisis (VI.A.i)
MSC: Remembering

68. Which of the following guiding legal doctrines is a Latin phrase for “let the decision stand”?
a. stare decisis d. ex post facto
b. leonina societus e. a writ of habeas corpus
c. lex loci contractus
ANS: A DIF: Moderate TOP: Precedent and Stare Decisis (VI.A.i)
MSC: Remembering

69. When the Supreme Court ruled that it would apply the ruling of a previous establishment clause case
to a new establishment clause case, what doctrine did it implement?
a. stare decisis d. judicial constitutionalism
b. judicial activism e. original intent
c. legal continuity
ANS: A DIF: Moderate TOP: Precedent and Stare Decisis (VI.A.i)
MSC: Applying

70. According to stare decisis, judges are significantly influenced by:

a. federal statutes
b. the Constitution
c. prior judicial decisions
d. administrative rules and regulations
e. the original intent of the documents they interpret
ANS: C DIF: Moderate TOP: Precedent and Stare Decisis (VI.A.i)
MSC: Understanding

71. A lawsuit in which a large number of persons with common interests join together under a
representative party to bring or defend a lawsuit is called a ________ lawsuit.
a. group d. multimotion
b. joint e. tort
c. class-action
ANS: C DIF: Moderate TOP: Sources of Expanding Judicial Power (VII)
MSC: Remembering

TRUE/FALSE

1. In the United States, the courts resolve both civil and criminal disputes.

ANS: T DIF: Easy TOP: Types of Law (I.A)

MSC: Remembering

2. Public law is a form of criminal law.

 ANS: F DIF: Difficult TOP: Types of Law (I.A)
MSC: Remembering

3. Defendants found guilty of civil wrongs can be fined or sent to prison.

ANS: F DIF: Moderate TOP: Criminal Law (I.A.i) | Civil Law (I.A.ii)
MSC: Remembering

4. Losers in civil cases may be required to pay monetary damages for their actions.

ANS: T DIF: Moderate TOP: Civil Law (I.A.ii)

MSC: Remembering

5. In a public law case, the government is the plaintiff.

ANS: F DIF: Moderate TOP: Public Law (I.A.iii)

MSC: Remembering

6. Most cases are settled before trial.

ANS: T DIF: Moderate TOP: The Organization of the Court System (II)
MSC: Remembering

7. The Supreme Court only hears cases involving public law.

ANS: F DIF: Easy TOP: Federal Jurisdiction (II.B)

MSC: Remembering

8. The U.S. Supreme Court operates primarily as a trial court.

ANS: F DIF: Easy TOP: Original versus Appellate (II.B.i)

MSC: Remembering

9. The U.S. Supreme Court has both original and appellate jurisdiction.

ANS: T DIF: Moderate TOP: Original versus Appellate (II.B.i)

MSC: Remembering

10. In both civil and criminal cases, a decision of the highest state court can be appealed to the U.S.
Supreme Court by raising a federal issue.

ANS: T DIF: Moderate

TOP: Appellate Jurisdiction over State Decisions (II.B.ii) MSC: Remembering

11. The appellate jurisdiction in the federal courts extends to cases originating in the state courts.

ANS: T DIF: Moderate

TOP: Appellate Jurisdiction over State Decisions (II.B.ii) MSC: Remembering
12. The U.S. Supreme Court is obligated to accept appeals that assert important issues of federal law at
stake in the case.

ANS: F DIF: Moderate

TOP: Appellate Jurisdiction over State Decisions (II.B.ii) MSC: Remembering

13. The federal district courts are trial courts of general jurisdiction.

ANS: T DIF: Moderate TOP: Federal Trial Courts (II.C)

MSC: Remembering

14. Federal trial courts must provide a grand jury, a trial jury, and a unanimous jury verdict in order to
convict someone of a federal crime.

ANS: T DIF: Moderate TOP: Federal Trial Courts (II.C)

MSC: Remembering

15. Cases in the federal district courts are, in form, very different from cases in the state trial courts.

ANS: F DIF: Moderate TOP: Federal Trial Courts (II.C)

MSC: Remembering

16. Procedural requirements in state courts tend to be stricter than federal procedural requirements.

ANS: F DIF: Moderate TOP: Federal Trial Courts (II.C)

MSC: Remembering

17. The nation is currently, by statute, divided into three judicial circuits.

ANS: F DIF: Moderate TOP: Federal Appellate Courts (II.D)

MSC: Remembering

18. More than one judge is assigned for every appeals case at the federal level.

ANS: T DIF: Moderate TOP: Federal Appellate Courts (II.D)

MSC: Remembering

19. In the Court’s deliberations and decisions, the chief justice exercises significantly more authority than
the associate justices.

ANS: F DIF: Moderate TOP: Chief Justice (II.E.i)

MSC: Remembering

20. The Constitution specifies the number of justices that should sit on the Supreme Court.

ANS: F DIF: Moderate TOP: Court Size (II.E.ii)

MSC: Remembering
21. The U.S. Constitution gives the Supreme Court the power of judicial review.

ANS: F DIF: Moderate TOP: The Power of Judicial Review (III)

MSC: Remembering

22. For the most part in recent years, assertions of presidential power in such realms as foreign policy, war
and emergency powers, legislative power, and administrative authority have been upheld by the
federal courts.

ANS: T DIF: Moderate TOP: Review of Presidential Actions (III.D)

MSC: Remembering

23. In United States v. Nixon, the Supreme Court rejected the president’s refusal to turn over tapes to
congressional investigators.

ANS: T DIF: Moderate TOP: Review of Presidential Actions (III.D)

MSC: Remembering

24. In Hamdi v. Rumsfeld, the Supreme Court rejected the president’s most important claim—the
unilateral power to declare individuals, including U.S. citizens, as “enemy combatants” who could be
detained by federal authorities under adverse legal conditions.

ANS: F DIF: Moderate TOP: Review of Presidential Actions (III.D)

MSC: Remembering

25. The Supreme Court is a lawmaking body.

ANS: T DIF: Moderate TOP: Judicial Review and Lawmaking (III.E)

MSC: Remembering

26. Judges make law.

ANS: T DIF: Easy TOP: Judicial Review and Lawmaking (III.E)

MSC: Remembering

27. Most of the cases filed with the Supreme Court are dismissed without a ruling on their merits.

ANS: T DIF: Moderate TOP: Rules of Access (IV.A.i)

MSC: Remembering

28. The most dependable way an individual justice can exercise a direct and clear influence on the
Supreme Court is to write a dissent.

ANS: T DIF: Moderate TOP: Dissenting Opinions (IV.C.iv.c)

MSC: Remembering

29. Dissents can be used to signal to defeated political forces in the nation that their position is supported
by at least some members of the Supreme Court.
 ANS: T DIF: Moderate TOP: Dissenting Opinions (IV.C.iv.c)
MSC: Remembering

30. The most dependable way an individual justice can exercise a direct and clear influence on the
Supreme Court is to write a regular concurrence.

ANS: F DIF: Moderate TOP: Dissenting Opinions (IV.C.iv.c)

MSC: Remembering

31. In recent years, the current Supreme Court has often produced 5–4 decisions.

ANS: T DIF: Moderate TOP: Dissenting Opinions (IV.C.iv.c)

MSC: Remembering

32. The Supreme Court explains its decisions in terms of how the majority of Americans will be affected.

ANS: F DIF: Moderate TOP: Supreme Court Justices (V.A.i)

MSC: Remembering

33. Activism and restraint by the court are the same as liberalism and conservatism.

ANS: F DIF: Difficult TOP: Political Ideology (V.A.iii)

MSC: Remembering

34. Supreme Court decisions almost always end political struggles over the particular issues in question.

ANS: F DIF: Difficult TOP: Congress (V.A.iv)

MSC: Remembering

35. Rarely in American history have presidents been disappointed by the judges they have named to the
bench.

ANS: F DIF: Moderate TOP: The President (V.A.v)

MSC: Remembering

ESSAY

1. Over the past several decades, the number of major policy issues that have been fought and decided in
the judicial realm has sharply increased. But since judges are not elected and are not accountable to the
people, what does this shift in power mean for American democracy?

ANS:
Answer will vary.

MSC: Evaluating

2. How do the jurisdictions of federal and state courts differ?

ANS:
 Answer will vary.

MSC: Analyzing

3. Describe the process and politics surrounding the appointment of federal judges.

ANS:
Answer will vary.

MSC: Understanding

4. In the United States, how do the courts work as political institutions?

ANS:
Answer will vary.

MSC: Understanding

5. How do cases reach the Supreme Court? How does the Supreme Court control the flow of cases and its
own caseload?

ANS:
Answer will vary.

MSC: Analyzing

6. Explain the three major roles (dispute resolution, coordination, and rule interpretation) played by the
courts within the American political system.

ANS:
Answer will vary.

MSC: Analyzing

7. How has the power of the Supreme Court expanded beyond the limited role established by the
Constitution?

ANS:
Answer will vary.

MSC: Analyzing

8. List and explain the five limitations on judicial power.

ANS:
Answer will vary.

MSC: Analyzing
 9. Why do some cases reach the Supreme Court and not others? What strategies have some interest
groups employed to help cases reach the Supreme Court?

ANS:
Answer will vary.

MSC: Analyzing

10. Explain the various stages in the decision-making process of the Supreme Court.

ANS:
Answer will vary.

MSC: Analyzing

11. What is the difference between judicial activism and judicial restraint? Which one is better? What role
does ideology play in judicial decision making?

ANS:
Answer will vary.

MSC: Evaluating

12. Judges are sometimes described as “legislators in robes.” Is this an accurate statement? Why or why
not?

ANS:
Answer will vary.

MSC: Evaluating

13. How do presidents and Congress influence decision making by the Supreme Court?

ANS:
Answer will vary.

MSC: Understanding

14. To what extent can the president and Congress constrain the Supreme Court and the decisions it
makes?

ANS:
Answer will vary.

MSC: Analyzing