Judiciary_Test (1)

1. The Supreme Court issued a ruling that was unpopular with a majority of Americans. The president and Congress might be able to lessen the impact of the decision by? a. Reducing the pay of justices to pressure them to reverse their decision b. Overruling the Supreme Court’s decision by a two-thirds vote in Congress c. Impeaching the justices in the majority d. Refusing to actively enforce the decision 2. A Supreme Court that demonstrates a willingness to change public policy and alter judicial precedent is sad to be engaging in a. Judicial activism b. Due process c. Judicial restraint d. Ex post facto lawmaking 3. Supreme Court justices were given tenure subject to good behavior by the framers of the Constitution in order to ensure that a. Justices are free from direct political pressures b. Justices remain accountable to the public c. Justices are encouraged to make politically popular decision d. Cooperation between judicial and legislative branches is assured 4. A writ of certiorari from the Supreme Court indicates that the court a. Has rendered a decision on a case b. Has decided not to hear an appeal c. Will review a lower court decision d. Plans to overturn one of its previous rulings 5. The U.S Supreme Court makes its decisions a. In a very quick turnaround time frame b. In open hearing with the lawyers to the cases present c. By polling the states’ best judges d. In judicial conference 6. When a court relies on precedent, it is a. Using a previous judicial decision as a rule for settling subsequent cases of a similar nature b. Avoiding state decision c. Unable to overrule a lower court decision d. Deferring to the state legislature for redress of the issue 7. What type of jurisdiction does the Supreme Court have? I. Original II. Appellate III. Concurrent a. I only b. II only c. III only d. I and II Only 8. Which of the following correctly states the relationship between the federal and the state judiciaries?

a. Federal courts are higher courts than state courts and may overturn state decisions on any grounds b. The two are generally autonomous, although federal courts may rule on the constitutionality of state court decisions c. The two are entirely autonomous, and neither ever hear cases that originate in the other d. State courts are trial courts, federal courts are appeals courts 9. Which of the following is true of amicus curiae briefs? a. They are used exclusively by liberal interest groups b. They are used by interest groups to lobby the courts c. They are used exclusively by conservative interest groups d. They are the means by which a litigant seeks Supreme Court review of a lower court decisions 10. The judicial philosophy that advocates the courts' advice role in policymaking is called a. strict constructionist b. judicial activism c. judicial restraint d. liberalism 11. The most important source of the Supreme Court's caseload is a. its original jurisdiction b. its appellate jurisdiction c. the special master's certification of cases for review d. Congress' certification of cases for review 12. Which of the following is true of court cases in which one private party is suing another? a. The federal court system has exclusive jurisdiction over them b. The state court system has exclysive jurisdiction over them c. They are tried in civil court d. They are tried before a grand jury 13. A writ of certiorari is defined as an order a. compelling an official to carry out his responsibilities b. guaranteeing the right to a fair and impartial trial-by-jury c. to a lower court to send a case to a higher court for review d. to require bail for those accused of a crime 14. The concept of judicial review was established in a. Marbury v. Madison b. McCulloch v. Maryland c. Brown v. Board of Education d. Roe v. Hade 15. A justice who accepts the majority decision, but not the reasons for it, may write his/her own a. minority opinion b. majortty opinion c. concurring opinion d. Individual opinion

23. Which of the following actions can Congress attempt to take if the Supreme Court finds a federal law unconstitutional? a. Appeal the Court's decigton to the District of Columbia's Court of Appeals b. Formally request the President to veto the Court's decision c. Remove certain members of the court and try to replace them with new members d. Try to amend the Constitution 24. Suppose a person commits murder in a national park. Where would the murder case first be heard? a. The US Supreme Court b. The US Court of Appeals for the Federal Circuit c. A US District court in the district where the crime took place d. A legislative court 25. Senatorial courtesy is a. The custom of the Supreme Court sharing its docket with the Senate Judiciary Committee before it is made public b. A tradition whereby nominees for federal judgeships must meet the approval of senators of the president'a party from the state in which the nominee will serve c. The tradition of the full Senate approving all judicial nominees who win a majority vote in the judiciary committee d. The tradition of the vice president hosting a formal reception to introduce Supreme Court nominees to members of the Senate 26. Which of the following is true about the vast majority of cases decided by the Supreme Court? a. They are decided by unanimous decision b. They tend to reverse the decision of the lower courts c. They result in the payout of larger damage awards than decisions rendered by lower courts d. They are decided based on how similar past cases have been decided 27. Which of the following is true of amicus curiae briefs? A. They are used by groups to lobby courts B. They are used exclusively by the liberals C. They are used exclusively by the conservatives D. They are the means by which a litigant seeks Supreme Court review of a lower court decision 28. The Supreme Court's power of judicial review permits the Court to overrule all of the following EXCEPT A. Lower-court decisions B. State legislation C. Acts of Congress D. The Bill of Rights 29. A historical review of the Supreme Court reveals that the Court A. Has expanded the power of the federal government to regulate the economy B. Has expanded the scope of civil liberties afforded to US citizens

C. Has expanded its own use by being politically astute in exercising power over the other branches D. All are correct 30. The difference between an appellate court and a district court is that an appellate court A. Conducts trials by jury B. Has original jurisdiction C. Reviews previous court decisions D. Hears civil cases but not criminal cases 31. Nominations to the Supreme Court must be approved by a A. Simple majority in the Senate only B. 2/3 vote in both houses of Congress C. 2/3 vote in the House of Representatives only D. 2/3 vote in both houses of Congress and a majority of the sitting justices on the Supreme Court 32. The idea that judges ought to freely strike down laws that are Inconsistent with their understanding of the Constitution is known as A. Judicial restraint B. Judicial activism C. Judicial review D. Stare decisis 33. Congress has the constitutional power to control the judicial branch by A. Determining the size of the Supreme Court B. Nominating the chief justice of the Supreme Court C. Limiting the length of judicial terms D. Reducing the salary of judges while they are sitting 34. In which of the following would the rule of four be applied A. For Senators agree on a cloture motion B. Congress adjourns its session within four days of submitting a bill to the president, and the president does not act C. At least four justices on the Supreme Court agree that a case should be put on the Court’s docket D. The House rules Committee limits floor debate to four minutes maximum for each member 35. The number of justices on the United States Supreme Court is set by A. Congress B. The president C. The Constitution D. The American Bar Association