American Government 100 - Fullerton College



American Government 100 Part II

Patterson, pgs. 415-428

Woll, pgs. 357-362, AG6-17

Federal Judicial System

True/False Questions

1. In spite of the fact that justices on the Supreme Court are not elected, it is still considered a democratic institution since justices are confirmed by the Senate. True or False

2. Each state has a court system of its own, which for the most part are dependent and supervised by the federal courts. True or False

3. Unlike the offices of the president, Senate, and the House, the Constitution places no age, residency, or citizenship qualifications for a federal judicial office. True or False

4. Appellate courts, including the Supreme Court, do not retry cases; rather, they determine whether a trial court acted in accord with applicable law. True or False

5. Article III of the Constitution gives Congress the power to determine both the Supreme Court’s appellate jurisdiction and original jurisdiction. True or False

6. The Supreme Court is most likely to grant certiorari when the U.S. government through the solicitor general requests it. True or False

7. The chief justice has the power to write the majority opinion in all cases that come before the Supreme Court. True or False

8. Based on the rules of the U.S. court system a district federal judge has the right to circumvent a decision by the Supreme Court if the decision was misguided. True or False

9. Facts found by district courts are ordinarily ignored by the Courts of Appeals because their job is to ferret out mistakes and abuses, accepting new facts that are introduced. True or False

10. Because most judges in the United States are elected and not appointed, it assures that decisions are more accountable and that the public interest is being served. True or False

11. In reality, federal judges and justices bring their political views with them to the courtroom and have opportunities to promote their beliefs through the cases they decide. True or False

12. To assure the integrity and neutrality of the judiciary, the process of selecting federal judges has been depoliticized, removing the partisan rancor of other branches of the federal government. True or False

13. Thurgood Marshall was one of the most liberal justices ever to serve on the Supreme Court, while Clarence Thomas, the second black to sit on the Court, has been one of the most conservative justices ever. True or False

14. When considering a nominee to the Supreme Court, the president’s primary focus is that the individual share his philosophy with no regard to acceptability by the legal community, interest groups, and the media. True or False

15. The fact is, Patterson argues, federal judges behave in blatant partisanship while on the bench because of the partisan nature of the appointing process. True or False

Multiple Choice Questions

1. In Obergefell v. Hodges (2015), the Supreme Court: a) banned the use of assault rifles for civilians, b) protected the life of the mother over the unborn child, allowing for late-term abortions, c) legalized same-sex marriage in all states, d) weakened the right to vote for poor Americans, by allowing states to require voter identification cards.

2. Who determines the number and types of lower federal courts? a) the judiciary itself, b) the Congress, b) the President, c) both the Congress and the President, d) the states.

3. All federal judges are nominated and appointed to office by the president, subject to confirmation by: a) majority vote in the House, b) majority vote in the Senate, c) a two thirds vote in the House, d) a two-thirds vote in the Senate.

4. According to Alexander Hamilton, how would the Supreme Court meet the standard, the reasonableness and evenhandedness of its decisions? a) they would be appointed by a federal commission comprised of retired, reputable jurists, b) because the Constitution stipulates strict standards and experience to get selected, c) by granting lifetime tenure to federal judges, d) the salaries of judges would be higher than any other public officials, eliminating influence-peddling.

5. The authority to hear cases of a particular type by a court: a) par circuitous, b) jurisdiction, c) merit, d) contractual agreement.

6. In recent years, how often has the Supreme Court been convened as a court of original jurisdiction? a) rarely, b) just on the most significant cases, c) quite often, d) never.

7. Nearly all cases that reach the Supreme Court do so after the losing party in a lower court asks the Court to hear its case. If at least four of the justices agree to do so, the Court issues a writ of a) certiorari, b) mandamus, c) habeas corpus, d) attainder.

8. Of the roughly eight thousand parties applying for certiorari, how many certiorari cases will the Court grant a hearing? a) fewer than 100 cases, b) more than 150 cases, c) about 200 cases, d) close to 300 cases.

9. The highest ranking Justice Department official who serves as the federal government's lawyer in Supreme Court cases: the a) Attorney General, b) Solicitor General, c) Chief Magistrate, d) Comptroller General.

10. Why is the Supreme Court opinion the most important part of its ruling? a) It reinforces the fact that the Supreme Court is supreme over lower courts, b) It has the public's support, c) It contains the justices' legal reasoning, d) It clearly describes why the legislature is less relevant in a legal proceeding.

11. In the Brown opinion, the Supreme Court held that government-sponsored school segregation was unconstitutional because it violated: a) the First Amendment’s freedom of assembly, preventing children from interacting with people of a different race, b) the civil liberties protections found in Article I, section 9 of the Constitution, c) the Fourteenth Amendment provision that guarantees equal protection under the law to all citizens, d) the Eighth Amendment’s protection against cruel and unusual punishment because it was limiting the rights of one group over another.

12. A Supreme Court decision where there is no majority opinion because the justices cannot agree on the legal basis of the case, resulting in a majority split decision: a) concurring opinion, b) dissenting opinion, c) plurality opinion, d) majority opinion.

13. A Supreme Court concurring opinion refers to: a) a separate view written by a justice who votes with the majority but disagrees with all or part of its reasoning, b) a written opinion that was written by an outside party, c) a disagreement with the solicitor general and aligns with the Congress, d) an agreement that the Court should have never heard the case.

14. In Lee v. Weisman (1992), a case involving prayer at a public school graduation, Justice Anthony Kennedy decided: a) that the prayer was allowable, b) that prayer was not allowable, c) initially that prayer was not allowable but reversed finally reversed himself and argued that prayer was not allowable, d) initially that prayer was allowable but then reversed himself and said that prayer was not allowable.

15. Most federal cases end with the: a) district court's decision, b) courts of appeals, c) the Supreme Court, d) State supreme courts.

16. Each state's sovereignty is protected by the following amendment in the Constitution: a) Ninth, b) Tenth, c) Eleventh, d) Twelfth.

17. The governor appoints a judge from a short list of acceptable candidates provided by a judicial selection commission and after one year the judge must be elected to retain his/her position: a) judicial expediency, b) legal stability, c) the merit plan, d) compartmentalized adjudication.

18. Patterson argues that besides having an upper-court myth, there is also a federal court-myth whereby: a) the state courts rely exclusively for the latter's guidance, b) the federal courts defer to the states, c) the states have no respect for the federal system, d) there is an erroneous assumption that federal courts direct and dominate the state and local courts.

19. More than 95% of the nation's legal cases are decided by: a) state courts or local courts, b) federal appellate courts, c) federal district courts, d) the Supreme Court.

20. Why was Alabama Chief Justice Roy Moore suspended from his post in 2016? a) for overturning state laws prohibiting the marriage of minors under 15 years old, b) for ruling that the internet can be censored when pornography is being presented, c) for instructing the state’s probate judges to deny marriage licenses to same-sex couples, d) for soliciting a female trial employee.

21. A study by judicial scholar Robert Scigliano found that about how many Supreme Court appointees have behaved on the Court approximately as presidents could have expected? a) about half, b) two-thirds, c) three-quarters, d) four-fifths.

22. What was Dwight D. Eisenhower referring to when asked about the biggest mistake he made as president? a) Earl Warren and William Brennan, b) not supporting Israel in its takeover of the Suez Canal, c) selecting Richard M. Nixon to be his vice president, d) refusing to confront Joseph McCarthy.

23. What percent of presidential nominees to the Supreme Court have been rejected by the Senate on grounds of judicial qualification, political views, personal ethics, or partisanship? a) about ten percent, b) nearly 20 percent, c) slightly more than 25 percent, d) about 33 percent.

24. A tradition that dates back to the 1840s, holds that a senator from the state in which a vacancy has arisen should be consulted on the choice of a district court nominee if the senator is of the same party as the president. a) congressional deference, b) senatorial courtesy, c) judicial respect, d) bipartisan cooperation.

25. What percent of recent district and appeals court nominees have been members of the president’s political party? a) less than forty percent, b) about 63 percent, c) a little more than eighty one percent, d) more than ninety percent.

Fill-in Questions

1. What are the three key points cited by Patterson about court decisions?

a) The judiciary is an important ____________ body,

b) The judiciary has considerable ___________ in its rulings.

c) The judiciary is a __________ as well as a ______ institution.

2. Judicial decisions are constrained by:

a) applicable _______________ law,

b) __________ and _______________ law,

c) and __________.

3. The Supreme Court's original jurisdiction includes:

a) legal disputes involving ________ __________, and

b) _________ in which the opposing parties are _______ ____________.

4. The Supreme Court's appellate jurisdiction extends to cases arising under:

a) the _____________,

b) federal ____ and regulations,

c) _________

5. The Court’s own guidelines say that there must be “compelling reasons” for accepting a case, which include:

a) resolving issues that are being decided _______________ by the lower courts,

b) ___________ serious ___________ from accepted standards of justice,

c) settling key questions of ________ ____, and

d) reviewing lower- court rulings that _________ with a previous Supreme Court _________.

6. How is it that lower federal judges misinterpret or apply a Supreme Court's rulings differently then was intended?

a) The ______ of a case before a district court are seldom __________ to those of a case settled by the Supreme Court.

b) The lower-court judge must decide whether a __________ legal judgment is appropriate.

c) As well, ____________ or unaddressed issues in Supreme Court rulings give lower courts some flexibility in deciding cases.

Hamilton's Federalist 78

Woll, pgs. 357-362

1. According to Woll, who was given the power to structure the entire subordinate federal judicial system, including control over the appellate jurisdiction of the Supreme Court? a) the President, b) the Congress, c) the Supreme Court, d) the Federal Bureaucracy

2. How can legislative and executive decisions be overruled by the courts? a) Judicial review, b) executive mandate, c) congressional approval, d) the Constitution

3. According to Hamilton, having an independent judiciary in a representative government, serves as a barrier to the encroachments threatened by a) the executive, b) the legislature, c) the military, d) the states.

4. In a government with separated powers, which of the following branches is the least dangerous according to Hamilton? a) the executive, b) the legislature, c) the judiciary, d) the military

5. In Federalist 78, Hamilton argues that there can be no liberty if the power of judging be not separated from the legislative and executive powers. True

6. Hamilton believes under special circumstances that the legislature can pass a law that is contrary to the Constitution. False

7. According to Hamilton, the courts were designed to be an intermediate body between the people and the legislature for the following reason: a) to work together to limit arbitrary executive rule, b) to keep the legislature within the limits assigned to their authority, c) to prevent the people from abusing the authority of the legislature, d) to control the people whenever they become rebellious and foment political instability.

8. Hamilton believes that the proper and peculiar province of the courts is a) to give legitimacy to the federal government, b) the interpretation of the laws, c) to serve to limit the power of the states, d) to defer to the other two branches of government.

9. The reasons for an independent judiciary are many, but here are some of the reasons cited by Hamilton:

a) It should serve to protect the rights of individuals from the effects of

"__________ ____."

b) To protect the ______ party in a community from serious oppression.

c) To protect against ____________ invasions, instigated

by the major voice of the community.

d) To safeguard against the effects of occasional ill-humors in the ________.

10. Why did the Framers of the Constitution fail to specify the power of judicial review according to Woll? a) For fear that the states would not ratify the Constitution, b) For fear that the courts would have too much power, c) For fear that judges and justices may misapply the laws, d) For fear that the courts would circumvent their mandate to protect the Constitution.

Answers

Patterson, pgs. 415-428

True/False Questions

1. False

3. True

5. False

7. False

9. False

11. True

13. True

15. False

Multiple Choice Questions

1. c

3. b

5. b

7. a

9. b

11. c

13. a

15. a

17. c

19. a

21. c

23. b

25. d

Fill-in Questions

1. a) policymaking, b) discretion, c) political, legal

3. a) foreign diplomats, b) cases, state governments

5. a) inconsistently, b) correcting, departures, c) federal law, d) conflict, decision

Woll, pgs. 357-362

1. b

3. b

5. True

7. b

9. a) designing men, b) minor, c) legislative, d) society

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