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CHAPTER 9: The Federal Courts
TRUE/FALSE
1. In the United States, the courts resolve both civil and criminal disputes.
ANS: T DIF: Easy TOP: CH09 - The Judicial Process

MSC: Remembering
2. Public law is a form of criminal law.
ANS: F DIF: Difficult TOP: CH09 - The Judicial Process

MSC: Remembering
3. Defendants found guilty of civil wrongs can be fined or sent to prison.
ANS: F DIF: Moderate TOP: CH09 - The Judicial Process

MSC: Remembering
4. In a public law case, the government is the plaintiff.
ANS: F DIF: Moderate TOP: CH09 - The Judicial Process

MSC: Remembering
5. Losers in civil cases may be required to pay monetary damages for their actions.
ANS: T DIF: Moderate TOP: CH09 - The Judicial Process

MSC: Remembering
6. Most cases are settled before trial.
ANS: T DIF: Moderate TOP: CH09 - The Organization of the Court System
MSC: Remembering
7. Plea bargains may affect the severity of the charge and/or the severity of the sentence.
MSC: Understanding
8. State courts handle about the same number of cases as the federal courts in the American judicial system.
ANS: F DIF: Moderate TOP: CH09 - The Organization of the Court System
MSC: Remembering
9. Cases in the federal district courts are, in form, very different from cases in the state trial courts.
MSC: Remembering
10. Procedural requirements in state courts tend to be stricter than federal procedural requirements.
MSC: Remembering
11. The so-called legislative courts are generally viewed as more independent than the courts established
under Article III of the Constitution.
ANS: F DIF: Difficult TOP: CH09 - The Organization of the Court System
MSC: Remembering
12. Over the past four decades, the caseload of the federal courts has quadrupled.
MSC: Remembering
13. Most of the cases filed with the Supreme Court are dismissed without a ruling on their merits.
MSC: Remembering
14. The Supreme Court only hears cases involving public law.
ANS: F DIF: Easy TOP: CH09 - The Organization of the Court System
MSC: Remembering
15. The U.S. Supreme Court operates primarily as a trial court.
ANS: F DIF: Easy TOP: CH09 - The Organization of the Court System
MSC: Remembering
16. The U.S. Supreme Court has both original and appellate jurisdiction.
MSC: Remembering
17. 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.
MSC: Remembering
18. The appellate jurisdiction in the federal courts extends to cases originating in the state courts.
MSC: Remembering
19. The U.S. Supreme Court is obligated to accept appeals that assert important issues of federal law at stake
in the case.
MSC: Remembering
20. The federal district courts are trial courts of general jurisdiction.
MSC: Remembering
21. 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.
MSC: Remembering
22. The U.S. Courts of Appeals are divided into three geographic circuits.
MSC: Remembering
23. More than one judge is assigned for every appeals case at the federal level.
MSC: Remembering
24. In the Supreme Court’s deliberations and decisions, the chief justice exercises significantly more
influence on decisions than the associate justices.
MSC: Remembering
25. The Constitution specified the number of justices that should sit on the Supreme Court.
MSC: Remembering
26. If a court makes a constitutional ruling, Congress can then abrogate that ruling through new legislation.
ANS: F DIF: Moderate TOP: CH09 - How Courts Works as Political Institutions
MSC: Remembering
27. The U.S. Constitution gives the Supreme Court the power of judicial review.
ANS: F DIF: Moderate TOP: CH09 - The Power of Judicial Review

MSC: Remembering
28. In the 1954 case of Brown v. Board of Education, the Supreme Court overturned statutes from several
states.
ANS: T DIF: Moderate TOP: CH09 - The Power of Judicial Review

MSC: Remembering
29. 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.

MSC: Remembering
30. In the case of United States v. Nixon, the Supreme Court rejected the president’s refusal to turn over
tapes to congressional investigators.
MSC: Remembering
31. In the case of 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: CH09 - The Power of Judicial Review

MSC: Remembering
32. The Supreme Court is a policy-making body.

MSC: Remembering
33. Judges make policy.
ANS: T DIF: Easy TOP: CH09 - The Power of Judicial Review

MSC: Remembering
34. The most dependable way an individual justice can express a clear view on the Supreme Court is to write
a dissent.
ANS: T DIF: Moderate TOP: CH09 - The Supreme Court in Action

MSC: Remembering
35. Dissents can be used to signal to defeated political forces in the nation that at least some members of the
Supreme Court support their position.
ANS: T DIF: Moderate TOP: CH09 - The Supreme Court in Action

MSC: Remembering
36. The chief justice assigns the task of writing the majority opinion on every case.
ANS: F DIF: Moderate TOP: CH09 - The Supreme Court in Action

MSC: Remembering
37. The Supreme Court explains its decisions in terms of how the majority of Americans will be affected.
ANS: F DIF: Moderate TOP: CH09 - Judicial Decision Making

MSC: Remembering
38. Activism and restraint by the court are the same as liberalism and conservatism.
ANS: F DIF: Difficult TOP: CH09 - Judicial Decision Making

MSC: Remembering
39. In recent years, 5–4 decisions on the Supreme Court have been rare.

MSC: Remembering
40. Rarely in American history have presidents been disappointed by the judges they have named to the
bench.
MSC: Remembering
41. Supreme Court decisions are automatically implemented.

MSC: Remembering
42. Supreme Court decisions almost always end political struggles over the particular issues in question.
ANS: F DIF: Difficult TOP: CH09 - Judicial Decision Making

MSC: Remembering
43. If two federal circuit courts disagree on a point of law, the Supreme Court usually avoids the controversy
so that it does not appear to pick favorites.
ANS: F DIF: Difficult TOP: CH09 - The Supreme Court in Action

MSC: Remembering
44. For a case to reach the Supreme Court, all nine judges must agree to grant a writ of certiorari.
ANS: F DIF: Difficult TOP: CH09 - The Supreme Court in Action

MSC: Remembering
45. The president of the United States can fire a federal judge for making bad decisions.
ANS: F DIF: Difficult TOP: CH09 - How Judges are Appointed

MSC: Remembering
46. Congress can overturn the Supreme Court’s interpretation of the Constitution by enacting a new
constitutional amendment.
ANS: T DIF: Difficult TOP: CH09 - MSC: Remembering
47. Senators comprising less than a majority of the Senate can block a nomination to the federal courts by
filibustering it.
ANS: F DIF: Moderate TOP: CH09 - Other Institutions of Government

MSC: Remembering
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 c. criminal
b. public d. common
ANS: C DIF: Easy TOP: CH09 - The Judicial Process
MSC: Applying
2. Most criminal cases are heard in

a. the Supreme Court.
b. state and local courts.
c. federal district courts.
d. federal appellate courts.
ANS: B DIF: Moderate TOP: CH09 - The Judicial Process
MSC: Remembering
3. 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 not fined or sent to prison are
classified as ______________ law.
b. public d. natural
ANS: A DIF: Moderate TOP: CH09 - The Judicial Process
MSC: Understanding
4. The two most common types of civil cases involve

a. contracts and torts. c. tax evasion and illegal drugs.
b. traffic offenses and mail fraud. d. illegal drugs and petty thievery.
ANS: A DIF: Difficult TOP: CH09 - The Judicial Process
MSC: Remembering
5. 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 to pay compensation for damage that was allegedly suffered. This is an example of a typical
______________case.
a. public law c. contract
b. criminal d. tort
ANS: C DIF: Moderate TOP: CH09 - The Judicial Process
MSC: Applying
6. 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 one involve which kind of law?
a. tort c. public law
b. contract d. criminal law
MSC: Applying
7. Which of the following is a major form of public law?

a. tort law c. criminal law
b. contract law d. constitutional law
ANS: D DIF: Moderate TOP: CH09 - The Judicial Process
MSC: Applying
8. 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
MSC: Understanding
9. Administrative law is a subset of what category of law?
a. civil law c. bureaucratic law
b. criminal law d. public law
MSC: Remembering
10. One of the foundations of judicial independence in the United States is

a. judicial review. c. the federal bailiff force.
b. independent elections. d. immunity from impeachment.
MSC: Applying
11. Cases in which a plaintiff or defendant alleges the government’s misuse of powers or abuse of citizens’
rights as defined under the Constitution or by statute are called ________________ law.
b. public d. tort
ANS: B DIF: Moderate TOP: CH09 - The Judicial Process
MSC: Remembering
12. What is the name of the court practice in which a previous decision by a court applies as a precedent in
similar cases until the decision is overruled?
a. common law c. habeas corpus
b. path dependency d. stare decisis
MSC: Remembering
13. Why does the history principle apply to the judicial branch more than the other two branches of the
federal government?
a. Judges typically serve much longer careers than members of Congress or executive branch
employees.
b. Judges tend to favor plaintiffs from their home districts, so the location of federal courts has
a long-term effect on local economies.
c. Courts rely on precedents from previous cases to guide current decisions.
d. The Supreme Court’s small size makes it more resistant to changes in process or ideology.
ANS: C DIF: Moderate TOP: CH09 - The Judicial Process
MSC: Applying
14. Under what authority does the U.S. military operate its own court system that governs the behavior of
men and women in uniform?
a. Defense Judiciary System c. Uniform Code of Military Justice
b. Military Tribunal Authority d. Federal Circuit Court
ANS: C DIF: Difficult TOP: CH09 - The Organization of the Court System
MSC: Remembering
15. Ninety-nine percent of all court cases are heard in which of the following venues?
a. the Supreme Court c. federal appellate courts
b. state and local courts d. federal district courts
ANS: B DIF: Moderate TOP: CH09 - The Organization of the Court System
MSC: Remembering
16. In civil cases, most litigation is brought in the

a. federal district courts.
b. federal circuit courts.
c. U.S. Supreme Court.
d. state and local courts.
ANS: D DIF: Difficult TOP: CH09 - The Organization of the Court System
MSC: Remembering
17. The court that initially hears a criminal or civil case is the __________ court.
a. trial c. appellate
b. circuit d. original
ANS: A DIF: Moderate TOP: CH09 - The Organization of the Court System
MSC: Remembering
18. If a defendant is convicted of robbery in a state trial court, he or she may challenge the outcome in a
higher court, such as
a. a different state trial court.
b. a grand jury court.
c. a tertiary state court.
d. a state court of appeals.
ANS: D DIF: Easy TOP: CH09 - The Organization of the Court System
MSC: Applying
19. What is the difference between the Supreme Court’s original jurisdiction and its appellate jurisdiction?
a. Cases in the Court’s original jurisdiction receive a full oral argument and written opinion,
while appellate cases are decided without oral argument, vote tally, or written opinion.
b. The Court’s original jurisdiction consists of issues considered during the first 10 years of its
history, while its appellate jurisdiction is every new issue considered since 1798.
c. Cases in the Court’s original jurisdiction go directly to the Supreme Court, while cases in its
appellate jurisdiction go to state or lower federal courts first.
d. Cases in the original jurisdiction are brand-new legal topics for the court to consider, while
cases in the appellate jurisdiction are resolved by the application of precedents.
ANS: C DIF: Difficult TOP: CH09 - The Organization of the Court System
MSC: Analyzing
20. In the United States, the basis for the authority of judges is
a. Congress.
b. authorizing laws for the Department of Justice.
c. the Constitution and laws.
d. the Judicial Conference of the United States.
ANS: C DIF: Easy TOP: CH09 - The Organization of the Court System
MSC: Understanding
21. Civil cases that involve 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. c. defendant.
b. plaintiff. d. grand jury.
ANS: B DIF: Difficult TOP: CH09 - The Organization of the Court System
MSC: Remembering
22. For the most part, Congress has assigned federal court jurisdictions on the basis of
a. function. c. geography.
b. ideology. d. type of law involved in the case.
ANS: C DIF: Moderate TOP: CH09 - The Organization of the Court System
MSC: Understanding
23. Which of the following courts exercises appellate jurisdiction over cases heard by the district courts
within its region?
a. each circuit court c. the U.S. Court of Federal Claims
b. the Supreme Court d. state supreme courts
MSC: Remembering
24. 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
ANS: D DIF: Moderate TOP: CH09 - The Organization of the Court System
MSC: Remembering
25. The Federal Ninth Circuit of Appeals includes eleven western states and territories, making it the largest
court in terms of both population and land area. There have been attempts to divide the Ninth Circuit, but
it has proven difficult to organize a coalition in favor of a specific alternative. Which of the five
principles of politics highlights the importance of coalition building?
a. All political behavior has a purpose.
b. Institutions structure politics.
c. All politics is collective action.
d. Policy outcomes are the result of institutions and preferences.
ANS: C DIF: Moderate TOP: CH09 -The Organization of the Court System
MSC: Remembering
26. 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 courts can hear international cases, whereas Article III courts may not.
MSC: Remembering
27. Most of the cases filed with the Supreme Court

a. affirm lower court decisions.
b. overturn lower court decisions.
c. are dismissed without rulings on their merits.
d. are remanded to lower courts after oral arguments.
MSC: Understanding
28. 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 c. Article III
b. Article II d. Article IV
MSC: Remembering
29. Which constitutional article gives the Supreme Court appellate jurisdiction in all federal cases?
MSC: Remembering
30. 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 the litigant has been deprived
of his or her constitutional due process rights
c. 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
d. if the solicitor general is willing to write an amicus brief for the appellant
MSC: Understanding
31. 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. c. in propie persona decree.
b. writ of habeas corpus. d. non compos mentis decree.
MSC: Remembering
32. A state supreme court ruled against an individual claiming that she was denied her Fifth Amendment
right to due process. The state court’s decision can be appealed in which of the following venues?
a. U.S. Supreme Court c. U.S. District Court
b. State Court of Appeals d. U.S. Court of Federal Claims
MSC: Applying
33. The trial courts of general jurisdiction at the federal level are called ________ courts.
a. supreme c. federal claims
b. circuit d. district
MSC: Remembering
34. Considering that the U.S. Supreme Court rejects the vast majority of cases, what is typically the final
federal court to which a case can be appealed?
a. U.S. District Courts c. U.S. Dispute Commission
b. U.S. Circuit Courts of Appeals d. U.S. Courts of Federal Claims
MSC: Understanding
35. Which constitutional article grants the Supreme Court “the judicial Power of the United States?”
MSC: Remembering
36. The justice on the Supreme Court who presides over the Court’s public sessions is the _____________
justice.
a. supreme c. senior
b. chief d. high
ANS: B DIF: Easy TOP: CH09 - The Organization of the Court System
MSC: Remembering
37. The specific number of justices who sit on the U.S. Supreme Court is determined by
a. the U.S. attorney general.
b. Congress.
c. the president.
d. the Supreme Court.
MSC: Remembering
38. 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. c. The Court revolt.
b. the cat with nine lives. d. the switch in time that saved nine.
MSC: Remembering
39. Federal judges are nominated by the

a. president. c. Senate Judiciary Committee.
b. Supreme Court. d. chief justice.
ANS: A DIF: Easy TOP: CH09 - The Organization of the Court System
MSC: Remembering
40. An individual who claims in court that she would be damaged by a bill passing through Congress, but
not yet law, is likely to fail which test for access to the court system?
a. ripeness c. standing
b. mootness d. certiorari
MSC: Applying
41. 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. c. senatorial privilege.
b. advise and consent. d. senatorial courtesy.
MSC: Remembering
42. The practice of senatorial courtesy plays an important role in which of the following courts more than
the others?
a. military courts c. U.S. Circuit Courts of Appeals
b. U.S. District Courts d. U.S. Supreme Court
MSC: Remembering
43. After the president has formally nominated an individual for the courts, the nominee must be considered
by the
a. American Bar Association. c. House and Senate Judiciary Committees.
b. Senate Judiciary Committee. d. House Judiciary Committee.
MSC: Remembering
44. After the Republicans won a narrow Senate majority in the 2002 national elections, how did Democrats
block action on several of President George W. Bush’s other federal appeals court nominees?
a. a filibuster c. senatorial courtesy
b. a legislative veto d. a self-executing rule
ANS: A DIF: Difficult TOP: CH09 - The Organization of the Court System
MSC: Remembering
45. 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.
MSC: Understanding
46. An employee sues his or her employer for allegedly violating the terms of a privately negotiated
employment contract. This scenario is an example of the court system’s role in
a. coordination. c. rule interpretation.
b. judicial review. d. dispute resolution.
ANS: D DIF: Moderate TOP: CH09 - How Courts Work as Political Institutions
MSC: Applying
47. A consumer sues a manufacturer for violating the terms of a product warranty. This scenario is an
example of the court’s role in
MSC: Applying
48. A business associate decides to resist the temptation to embezzle from the company because of the likely
chance that he or she will be effectively prosecuted and punished by the legal system. This scenario is an
example of the court’s role in
ANS: A DIF: Moderate TOP: CH09 - How Courts Work as Political Institutions
MSC: Applying
49. Two acquaintances confidently entertain the possibility of going into business together knowing that the
courts will intervene if either of them fails to live up to the terms they agreed upon for their
collaboration. This scenario is an example of the court’s role in
MSC: Applying
50. Why are the courts able to serve as a before-the-fact coordination mechanism for private parties?
a. The federal courts issue binding advisory opinions to instruct citizens what is and is not
legal before citizens decide what to do.
b. The federal courts offer consultation on the development of legal documents.
c. Individuals anticipate the legal consequences of their actions and, in accordance with the
rationality principle, usually make decisions to coordinate in a legal way.
d. Individuals note that the policies of courts, in accordance with the policy principle, will
frequently change and that they are thus free to generally do as they wish.
ANS: C DIF: Difficult TOP: CH09 - How Courts Work as Political Institutions
MSC: Analyzing
51. If a court were to rule on whether a 1927 law regulating the electronic transmission of radio waves
currently applies to television, cell phones, fax machines, and e-mail, it would be acting in the judicial
role of
b. judicial review. d. extrapolation.
ANS: C DIF: Difficult TOP: CH09 - How Courts Work as Political Institutions
MSC: Applying
52. The single most important activity in which higher courts engage is probably
a. rule interpretation. c. judicial confirmation processes.
b. dispute resolution. d. coordination.
MSC: Applying
53. Congress may pass legislation to explicitly reverse a court ruling if it is unhappy with a specific
a. judicial ruling. c. constitutional interpretation.
b. treaty interpretation. d. statutory interpretation.
MSC: Remembering
54. Which term best describes the power of the courts to declare actions of the legislative and executive
branches invalid or unconstitutional?
a. judicial review c. judicial restraint
b. judicial activism d. judicial rule making
ANS: A DIF: Easy TOP: CH09 - The Power of Judicial Review
MSC: Understanding
55. The Supreme Court declares that a law passed by Congress is unconstitutional. Which power is the
Court utilizing?
a. coordination c. rule interpretation
b. judicial review d. dispute resolution
ANS: B DIF: Moderate TOP: CH09 - The Power of Judicial Review
MSC: Applying
56. 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.
MSC: Remembering
57. 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 because 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. Controversy over judicial nominations has caused justices to be more hostile toward
Congress.
ANS: B DIF: Difficult TOP: CH09 - The Power of Judicial Review
MSC: Analyzing
58. 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. system of separated institutions sharing powers as outlined in the Constitution.
b. 1890 State Act and the necessary and proper clause to the Constitution.
c. supremacy clause of Article VI of the Constitution and the Judiciary Act of 1789.
d. cases and controversies clause of Article III.
ANS: C DIF: Difficult TOP: CH09 - The Power of Judicial Review
MSC: Understanding
59. When the U.S. Supreme Court invalidated a Virginia statute prohibiting interracial marriages in the 1967
case, it asserted its power to
a. review acts of Congress. c. interpret state constitutions.
b. review state actions. d. issue marriage licenses.
ANS: B DIF: Easy TOP: CH09 - The Power of Judicial Review
MSC: Applying
60. In the case of Arizona et al. v. United States (2012), which of the following legal principles explains the
Supreme Court’s ruling that federal law shall supersede attempts by the state to regulate immigration?
a. legal precedent c. supremacy clause
b. judicial review d. stare decisis
ANS: C DIF: Moderate TOP: CH09 - The Power of Judicial Review
MSC: Applying
61. 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 George W. Bush administration had
classified him as an enemy combatant, the Court exemplified its power to
a. review actions of Congress. c. review actions of state courts.
b. review actions of the president. d. interpret administrative rules.
ANS: B DIF: Easy TOP: CH09 - The Power of Judicial Review
MSC: Applying
62. Over the centuries, judges have developed a body of rules and principles of interpretation called
___________ law that are not grounded in specific statutes.
a. basic c. judicial
b. unwritten d. common
ANS: D DIF: Moderate TOP: CH09 - The Power of Judicial Review
MSC: Remembering
63. In the case of Gideon v. Wainwright, the U.S. Supreme Court ordered a new trial for Gideon because he
had been denied the right to
a. privacy. c. refrain from self-incrimination.
b. legal counsel. d. remain silent.
MSC: Remembering
64. One example of the courts setting policy is from a 1966 case involving the state of Arizona, where the
Supreme Court developed a set of principles requiring that persons under arrest be informed of their
legal rights, including their right to legal counsel and their right to remain silent. This legal doctrine has
come to be known as the
a. Schiff mandate. c. due process clause.
b. Miranda rule. d. O’Brien rule.
MSC: Remembering
65. Article III of the Constitution defines judicial power as extending only to
a. laws and policies. c. crimes and misdemeanors.
b. rules and regulations. d. cases and controversies.
ANS: D DIF: Difficult TOP: CH09 - The Supreme Court in Action
MSC: Remembering
66. In the American judicial system, parties to a case must demonstrate that they have ______, or a
substantial stake in the outcome of the case.
a. standing c. status
b. stature d. mootness
ANS: A DIF: Moderate TOP: CH09 - The Supreme Court in Action
MSC: Remembering
67. Which of the following criteria do the courts use to screen cases that no longer require resolution?
a. stare decisis c. status
b. stature d. mootness
ANS: D DIF: Moderate TOP: CH09 - The Supreme Court in Action
MSC: Remembering
68. Most cases reach the Supreme Court through a writ of

a. certiorari. c. habeas corpus.
b. publici juris. d. in forma pauperis.
MSC: Remembering
69. For the Supreme Court to grant certiorari, agreement has to be reached by at least _______ justices.
a. two c. four
b. three d. five
ANS: C DIF: Moderate TOP: CH09 - The Supreme Court in Action
MSC: Remembering
70. 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. c. attorney general.
b. vice president. d. solicitor general.
ANS: D DIF: Moderate TOP: CH09 - The Supreme Court in Action
MSC: Remembering
71. 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. c. dissenting opinions.
b. amicus curiae. d. concurring opinions.
ANS: B DIF: Moderate TOP: CH09 - The Supreme Court in Action
MSC: Remembering
72. To research legal issues and assist with the preparation of opinions, each Supreme Court justice is
assigned four _________ to aid them.
a. paralegals c. accomplished attorneys
b. law clerks d. circuit court judges
MSC: Remembering
73. A written document in which an attorney explains—using case precedents—why the court should rule in
favor of his or her client is also known as a(n)
a. tort. c. claim.
b. brief. d. opinion.
MSC: Remembering
74. In general, including time for questions, attorneys presenting oral arguments before the Supreme Court
must limit their presentations to
a. thirty minutes. c. four hours.
b. one hour. d. one day.
ANS: A DIF: Difficult TOP: CH09 - The Supreme Court in Action
MSC: Remembering
75. After a decision has been reached, one of the members of the majority is assigned to write the
a. opinion. c. regular concurrence.
b. writ of certiorari. d. brief.
MSC: Remembering
76. This is the term for a court opinion agreeing with the decision of the majority but not entirely agreeing
with the rationale provided in the majority opinion.
a. concurrence c. conditional acceptance
b. amicus curiae d. qualified accordance
MSC: Remembering
77. 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. regular concurrence. c. special concurrence.
b. dissenting opinion. d. writ of clarification.
ANS: C DIF: Difficult TOP: CH09 - The Supreme Court in Action
MSC: Remembering
78. Justices who disagree with the majority decision of the Court may choose to publicize the character of
their disagreement in the form of a
a. judicial objection. c. dissenting opinion.
b. minority report. d. special concurrence.
ANS: C DIF: Moderate TOP: CH09 - The Supreme Court in Action
MSC: Remembering
79. In 2002, Justice David Souter wrote a 34-page dissent that 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 one?
a. It might help justices clarify their arguments for a more knowledgeable public.
b. It might help justices convince a swing justice to join their side on the next round of cases
dealing with a similar topic.
c. It might 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.
MSC: Analyzing
80. Justice Kennedy is known for breaking ties in 5–4 Supreme Court decisions. These tiebreakers are also
known as
a. ideological voters. c. swing voters.
b. coalition voters. d. outlier voters.
ANS: C DIF: Moderate TOP: CH09 - Judicial Decision Making
MSC: Applying
81. Prior court decisions which apply to a current case are also known as
a. touchmarks. c. bench rulings.
b. legal precedents. d. briefs.
ANS: B DIF: Easy TOP: CH09 - Judicial Decision Making
MSC: Remembering
82. Which of the following guiding legal doctrines is a Latin phrase for “let the decision stand?”
a. stare decisis c. ex post facto
b. leonina societus d. a writ of habeas corpus
ANS: A DIF: Moderate TOP: CH09 - Judicial Decision Making
MSC: Remembering
83. 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 c. judicial constitutionalism
b. legal continuity d. original intent
MSC: Applying
84. According to stare decisis, judges are significantly influenced by

a. federal statutes. c. prior judicial decisions.
b. the Constitution. d. the original intent of the documents they
interpret.
MSC: Understanding
85. Which of the following is a judicial philosophy whose adherents refuse to go beyond the text of the
Constitution in interpreting its meaning?
a. judicial restraint c. judicial discipline
b. judicial activism d. judicial impartiality
MSC: Remembering
86. A judicial philosophy that the courts should see beyond the text of the Constitution or a statute in order to
consider broader societal implications when making decisions is considered to be indicative of judicial
a. restraint. c. flexibility.
b. activism. d. expansion.
ANS: B DIF: Moderate TOP: CH09 - Judicial Decision Making
MSC: Remembering
87. 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 relied on the philosophy of
judicial
a. restraint. c. flexibility.
b. activism. d. expansion.
MSC: Applying
88. In the case of Citizens United v. Federal Election Commission (2010), the Supreme Court held that
corporations and unions could not be restricted from financial participation in elections. The Court’s
decision to expand corporate and union participation in elections best exemplifies which of the
following judicial philosophies?
a. judicial restraint c. judicial activism
b. judicial ideology d. judicial impartiality
MSC: Applying
89. What is the president’s most direct influence on the Supreme Court?
a. limiting or expanding the Court’s appellate jurisdiction
b. nominating justices whom he or she believes are close to the administration’s policy
preferences
c. selecting a White House counsel to direct the president’s legal strategy
d. lobbying sitting justices in special White House meetings
MSC: Remembering
90. 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. term limits c. judicial expansion
b. judicial activism d. judicial independence
ANS: D DIF: Moderate TOP: CH09 - Judicial Decision Making
MSC: Analyzing
91. Lower-court judges can rely on a variety of tactics to avoid implementing Supreme Court decisions.
Which of the following is a tactic used by the lower federal courts?
a. lobbying Congress to overturn Supreme Court decisions
b. applying the case as narrowly as possible
c. invoking the Fifth Amendment right to not incriminate citizens
d. filing a writ of certiorari to force the case back onto the Supreme Court’s agenda
MSC: Remembering
92. 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. class-action c. multi-motion
b. joint d. tort
ANS: A DIF: Moderate TOP: CH09 - The Expanding Judicial Power
MSC: Remembering
93. In 1999, several law firms filed which type of suit against firearms manufacturers on behalf of victims of
gun violence?
a. civil law c. public law
b. criminal law d. class-action
ANS: D DIF: Difficult TOP: CH09 - The Expanding Judicial Power
MSC: Applying
94. In February 2016, Supreme Court justice Antonin Scalia died. President Barack Obama nominated
Merrick Garland to replace him on March 16, 2016. If Garland replaced Scalia, the previous 5 to 4
conservative majority would be a 5 to 4 liberal majority. The Republican majority in the Senate refused
to act on the nomination before the November 2016 election, reasoning that the cost to their reputation
was outweighed by the possibility that the next president would be a Republican who could nominate a
conservative to replace Scalia. The Republicans’ decision-making illustrates which of the five principles
of politics?
a. rationality
b. institution
c. policy
d. history
MSC: Remembering
95. There are four components of the independent judicial system: constitutional authority as a separate
branch of government, Supreme Court authority over all other courts, judicial review, and which of the
following?
a. allied interest groups c. life appointments
b. stare decisis d. common law
ANS: C DIF: Difficult TOP: CH09 - The Federal Courts
MSC: Remembering
96. How many federal circuit courts are there, including the District of Columbia?
a. one c. twelve
b. twenty-seven d. ninety-four
ANS: C DIF: Easy TOP: CH09 - Federal Jurisdiction
MSC: Remembering
97. If government agents seize you and hold you in jail without explanation, you can file with a federal court
for this kind of writ, which forces the government to bring you before the court and explain why you are
in custody:
a. habeas corpus c. indictment
b. mandamus d. Miranda rule
ANS: A DIF: Easy TOP: CH09 - Federal Jurisdiction
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 because judges are not elected and are not accountable to
the people, what does this shift in power mean for American democracy?
ANS:
This shift occurs within the context of a permanent constitution that ensures all officials are ultimately
accountable to citizens. Federal judges are nominated and approved by elected politicians. Congress has
the power to impeach and remove judges, to enact new constitutional amendments (with the consent of
the states), and to restrict the jurisdiction of the Supreme Court. Given this, the appearance of autonomy
can also be seen as the Court’s successfully remaining within its bounds. The Court makes decisions that
are not so out of the mainstream of public opinion that Congress overrides the Court.
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ANS: T DIF: Easy TOP: CH09 - The Judicial Process

2. Public law is a form of criminal law.

ANS: F DIF: Difficult TOP: CH09 - The Judicial Process

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

ANS: F DIF: Moderate TOP: CH09 - The Judicial Process

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

ANS: F DIF: Moderate TOP: CH09 - The Judicial Process

ANS: T DIF: Moderate TOP: CH09 - The Judicial Process

6. Most cases are settled before trial.

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

ANS: F DIF: Moderate TOP: CH09 - The Power of Judicial Review

ANS: T DIF: Moderate TOP: CH09 - The Power of Judicial Review

ANS: T DIF: Moderate TOP: CH09 - The Power of Judicial Review

ANS: F DIF: Moderate TOP: CH09 - The Power of Judicial Review

32. The Supreme Court is a policy-making body.

ANS: T DIF: Moderate TOP: CH09 - The Power of Judicial Review

33. Judges make policy.

ANS: T DIF: Easy TOP: CH09 - The Power of Judicial Review

ANS: T DIF: Moderate TOP: CH09 - The Supreme Court in Action

ANS: T DIF: Moderate TOP: CH09 - The Supreme Court in Action

ANS: F DIF: Moderate TOP: CH09 - The Supreme Court in Action

ANS: F DIF: Moderate TOP: CH09 - Judicial Decision Making

ANS: F DIF: Difficult TOP: CH09 - Judicial Decision Making

ANS: F DIF: Moderate TOP: CH09 - Judicial Decision Making

41. Supreme Court decisions are automatically implemented.

ANS: F DIF: Moderate TOP: CH09 - Judicial Decision Making

ANS: F DIF: Difficult TOP: CH09 - Judicial Decision Making

ANS: F DIF: Difficult TOP: CH09 - The Supreme Court in Action

ANS: F DIF: Difficult TOP: CH09 - The Supreme Court in Action

ANS: F DIF: Difficult TOP: CH09 - How Judges are Appointed

ANS: T DIF: Difficult TOP: CH09 - MSC: Remembering

ANS: F DIF: Moderate TOP: CH09 - Other Institutions of Government

2. Most criminal cases are heard in

4. The two most common types of civil cases involve

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

10. One of the foundations of judicial independence in the United States is

16. In civil cases, most litigation is brought in the

27. Most of the cases filed with the Supreme Court

39. Federal judges are nominated by the

68. Most cases reach the Supreme Court through a writ of

84. According to stare decisis, judges are significantly influenced by

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