Chapter 8: The Federal Courts: Structure and Strategies



Chapter 8: The Federal Courts: Structure and Strategies

MULTIPLE CHOICE

1. The final battle in the presidential election of 2000 was fought in the

|a. |civil law. |

|b. |public law. |

|c. |criminal law. |

|d. |international law. |

2. In modern times, a court is where judges hear cases and settle disputes, but originally, a “court” was

|a. |the place where a sovereign ruled. |

|b. |the written document that limited the king’s authority. |

|c. |a garden or yard space surrounded by protective walls. |

|d. |a specially marked area reserved for athletic competition. |

3. 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. |

4. In cases of criminal law, the government charges an individual with

|a. |violent behavior. |

|b. |committing a tort. |

|c. |breaking a contract involving a public trust or public monies. |

|d. |violating a statute enacted to protect the public health, |

| |safety, morals, or welfare. |

5. 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

|a. |civil law. |

|b. |public law. |

|c. |criminal law. |

|d. |international law. |

6. In a court case, the party that brings charges is called the

|a. |litigant. |

|b. |suspect. |

|c. |plaintiff. |

|d. |defendant. |

7. Most criminal cases in the United States are heard in

|a. |the Supreme Court. |

|b. |state and local courts. |

|c. |federal district courts. |

|d. |federal appellate courts. |

8. 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

|a. |civil law. |

|b. |public law. |

|c. |criminal law. |

|d. |international law. |

9. Medical malpractice is an example of a

|a. |tort case. |

|b. |breach of contract case. |

|c. |traffic offenses and mail fraud. |

|d. |tax evasion and narcotics sales. |

10. In deciding cases, courts apply statutes (laws) and prior decisions called legal

|a. |standards. |

|b. |precedents. |

|c. |touchmarks. |

|d. |bench rulings. |

11. When judges use previous court decisions as a basis to decide the outcomes of current court cases they are applying the doctrine described in the Latin phrase,

|a. |stare decisis. |

|b. |leonina societus. |

|c. |lex loci contractus. |

|d. |accessorius sequitur. |

12. A case called Smith v. Jones would most likely involve

|a. |civil law. |

|b. |social law. |

|c. |public law. |

|d. |criminal law. |

13. A case called New York v. Jones would most likely involve

|a. |civil law. |

|b. |social law. |

|c. |public law. |

|d. |criminal law. |

14. The court that initially hears a criminal or civil case is the

|a. |trial court. |

|b. |circuit court. |

|c. |supreme court. |

|d. |appellate court. |

15. Negotiated agreements among parties involved in criminal cases are called

|a. |plea bargains. |

|b. |judicial contracts. |

|c. |settlement decrees. |

|d. |prosecutorial pacts. |

16. The Constitution gives the Supreme Court appellate jurisdiction in all federal cases and original jurisdiction in cases involving foreign ambassadors and issues in which a state is a party under

|a. |Article I. |

|b. |Article II. |

|c. |Article III. |

|d. |Article IV. |

17. For the most part, Congress has assigned federal court jurisdictions on the basis of

|a. |function. |

|b. |ideology. |

|c. |geography. |

|d. |level of government. |

18. The judges of Article I courts are appointed for fixed terms of

|a. |ten years. |

|b. |fifteen years. |

|c. |twenty years. |

|d. |twenty-five years. |

19. 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

|a. |writ of mandamus. |

|b. |writ of habeas corpus. |

|c. |in prope persona decree. |

|d. |non compos mentis decree. |

20. Most of the cases filed with the Supreme Court

|a. |affirm lower court decisions. |

|b. |overturn lower court decisions. |

|c. |are dismissed without a ruling on their merits. |

|d. |are dismissed with brief rulings on their merits. |

21. Under the Constitution, the Supreme Court is vested with “the judicial Power of the United States” according to

|a. |Article I. |

|b. |Article II. |

|c. |Article III. |

|d. |Article IV. |

22. The specific number of justices that sit on the United States Supreme Court is determined by

|a. |custom. |

|b. |Congress. |

|c. |the president. |

|d. |the Constitution. |

23. The reaction by the Supreme Court to President Roosevelt’s plan to “pack” the court by increasing the number of justices has been nicknamed in history as the

|a. |“whole nine yards.” |

|b. |“cat with nine lives.” |

|c. |“walk on cloud nine.” |

|d. |“switch in time that saved nine.” |

24. Federal judges are appointed by the

|a. |President. |

|b. |Supreme Court. |

|c. |American Bar Association. |

|d. |Senate Judiciary Committee. |

25. Individual senators 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. |

|b. |senatorial courtesy. |

|c. |advise and consent. |

|d. |legislative blackball. |

26. During the presidencies of Richard Nixon, Ronald Reagan, and George H. W. Bush, most federal judicial appointees were

|a. |liberal Democrats. |

|b. |liberal Republicans. |

|c. |conservative Democrats. |

|d. |conservative Republicans. |

27. 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 Committee on Justice. |

|d. |American Civil Liberties Union. |

28. A consumer sues a manufacturer for violating the terms of a product warranty. This scenario is an example of the court’s role in

|a. |coordination. |

|b. |judicial review. |

|c. |dispute resolution. |

|d. |rule interpretation. |

29. A federal judge determining the outcome of a case involving the shipment of spent fuel rods from a nuclear reactor in Kansas City to a nuclear waste facility in Utah would most likely be interpreting law from the perspective of

|a. |state statutes. |

|b. |city ordinances. |

|c. |Napoleonic law. |

|d. |the Constitution. |

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

|a. |federal statutes. |

|b. |the Constitution. |

|c. |prior judicial decisions. |

|d. |administrative rules and regulations. |

31. The Supreme Court declares that a new law recently passed by Congress is unconstitutional. This scenario is an example of the court’s role in

|a. |coordination. |

|b. |judicial review. |

|c. |dispute resolution. |

|d. |rule interpretation. |

32. 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. |limit the powers of the President. |

|d. |force parties in a legal conflict to settle prior to trial. |

33. The U.S. Supreme Court invalidated a Virginia statute prohibiting interracial marriages in the 1967 case,

|a. |Heart v. Virginia. |

|b. |Loving v. Virginia. |

|c. |Virginia v. Passion. |

|d. |Virginia v. Kissimmee. |

34. In Griswold v. Connecticut, the Supreme Court invalidated a Connecticut statute prohibiting

|a. |the sale of handguns near public schools. |

|b. |warrantless searches and seizures by local authorities. |

|c. |general distribution of contraceptives to married couples. |

|d. |food service workers under 21 from serving low-alcohol beer. |

35. Over the centuries, judges have developed a body of rules and principles of interpretation that are not grounded in specific statutes. This body of judgemade law is called

|a. |positive law. |

|b. |common law. |

|c. |traditional law. |

|d. |affirmative law. |

36. In Gideon v. Wainwright, the U.S. Supreme Court ordered a new trial for Gideon because he had been denied the right to

|a. |privacy. |

|b. |legal counsel. |

|c. |face his accuser. |

|d. |refrain from self-incrimination. |

37. In a case involving the state of Arizona, 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. |Olivet rule. |

|b. |Miranda rule. |

|c. |Schiff mandate. |

|d. |due process clause. |

38. Article III of the Constitution and Supreme Court decisions define judicial power as extending only to

|a. |“laws and policies.” |

|b. |“rules and regulations.” |

|c. |“cases and controversies.” |

|d. |“crimes and misdemeanors.” |

39. 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. |status. |

|b. |stature. |

|c. |stability |

|d. |standing. |

40. A criterion used by courts to screen cases that no longer require resolution is called

|a. |standing. |

|b. |mootness. |

|c. |suspension. |

|d. |controversy. |

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

|a. |certiorari. |

|b. |publici juris. |

|c. |jurisprudence. |

|d. |habeas corpus. |

42. In order for the Supreme Court to grant certiorari, agreement has to be reached by at least

|a. |two justices. |

|b. |three justices. |

|c. |four justices. |

|d. |five justices. |

43. Individuals or groups who are not parties to a lawsuit but who seek to assist the court in reaching a decision can present additional briefs called

|a. |per curiam. |

|b. |amicus curiae. |

|c. |assenting opinions. |

|d. |dissenting opinions. |

44. In order to research legal issues and assist with the preparation of opinions, each Supreme Court Justice is assigned four

|a. |paralegals. |

|b. |law clerks. |

|c. |assistant judges. |

|d. |accomplished attorneys. |

45. 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. |

|b. |briefs. |

|c. |claims. |

|d. |contracts. |

46. Including time for questions, attorneys presenting oral arguments before the Supreme Court must present their case within

|a. |thirty minutes. |

|b. |one hour. |

|c. |two hours. |

|d. |three hours. |

47. After a decision has been reached, one of the members of the majority is assigned to write the

|a. |opinion. |

|b. |writ of certiorari. |

|c. |regular concurrence. |

|d. |writ of habeas corpus. |

48. 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. |

|b. |minority report. |

|c. |judicial objection. |

|d. |dissenting opinion. |

49. A judicial philosophy that believes 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 indicative of judicial

|a. |restraint. |

|b. |activism. |

|c. |discipline. |

|d. |flexibility. |

50. A judicial philosophy that believes that when making decisions, the courts should see beyond the text of the Constitution or a statute in order to consider broader societal implications for decisions is considered to indicative of judicial

|a. |restraint. |

|b. |activism. |

|c. |discipline. |

|d. |flexibility. |

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