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Unit 6 – Chapter 16

1) The great majority of America?s judicial business is transacted in

A) state courts of original jurisdiction.
B) Tax Court.
C) Supreme Courts.
D) the United States courts of appeal.
E) federal courts of original jurisdiction.

a
2) Which of the following statements about the courts is FALSE?

A) Supreme Court decisions may directly shape people?s lives.
B) Most of American judicial policy is made in the Supreme Court.
C) The great bulk of American legal business is transacted in the less-noticed courts.
D) The Supreme Court decides a handful of key issues each year.
E) The judicial system in the U.S. is, at least in principle, an adversarial one.

b
3) One of the differences between criminal law and civil law is that in civil law

A) there is no charge that a law has been violated.
B) there is no jury.
C) the case cannot be appealed.
D) the government cannot be one of the litigants.
E) common law takes precedent over statutory law.

a
4) Litigants are

A) the attorneys.
B) the plaintiff and the defendant.
C) the plaintiff and the plaintiff?s attorney.
D) the defendant and the defendant?s attorney.
E) plaintiffs.

b
5) Not everyone can challenge a law. Litigants must have what is called ________, meaning that they must have a serious personal stake in the case, typically determined by whether or not they have sustained or are in danger of an injury.

A) standing to sue
B) a writ of mandamus
C) stare decisis
D) original jurisdiction
E) legal prerogative

a
6) Class action suits

A) are those which have to do with constitutional issues, thus broadening the standing to sue.
B) are filed by students seeking to force a school district to offer additional sections of perpetually over-enrolled courses.
C) permit a small number of people to sue on behalf of all other people similarly situated.
D) may only be filed if all of those with a standing to sue agree to participate.
E) are routinely filed by teachers? groups to prepare the way for legal strikes.

c
7) Courts may only decide ________ disputes.

A) civil
B) constitutional
C) justiciable
D) criminal
E) class action

c
8) Standing to sue is determined by

A) the judiciary committee of Congress.
B) whether or not the case involves a class action suit.
C) the Solicitor General?s office.
D) whether or not the litigants have a serious interest in a case.
E) a court-appointed jury.

d
9) Merely being a taxpayer and being opposed to a law does not provide the standing necessary to challenge that law in court except in cases pertaining to

A) taxation.
B) governmental support for religion.
C) environmental protection.
D) civil liberties.
E) racial or sexual discrimination.

b
10) Class action suits

A) permit a small number of people to sue on behalf of all other people similarly situated.
B) are cases in which the government sues on behalf of groups of people unable to go to
court for a variety of reasons.
C) are civil suits brought to the courts by interest groups.
D) are civil or criminal cases involving discrimination on the basis of income.
E) involve groups of people suing each other rather than individuals.

a
11) One constraint on federal courts is that they may decide only

A) statutory law.
B) appellate cases.
C) justiciable disputes.
D) constitutional issues.
E) interstate conflicts.

c
12) All of the following are examples of standing to sue EXCEPT

A) having sustained a direct injury from another party.
B) serious interest in the case.
C) raising a political question.
D) having sustained a direct injury from the government.
E) being a member of a class

c
13) The Constitution specifically provided that there would be a Supreme Court,

A) and established a system of lower federal courts throughout the nation.
B) but left it up to the individual states to establish lower federal courts of general jurisdiction.
C) but left it to the discretion of Congress to establish lower federal courts of general jurisdiction.
D) but left it up to the Supreme Court itself to establish lower federal courts of general
jurisdiction.
E) and granted the President the power to establish any lower federal courts he deemed
necessary.

c
14) Lower federal courts of general jurisdiction were established by

A) President George Washington.
B) the Judiciary Act of 1789.
C) the Eleventh Amendment.
D) the Constitution.
E) the Supreme Court.

b
15) Courts with ________ hear cases brought to them on appeal from a lower court.

A) stare decisis
B) original jurisdiction
C) judicial review
D) justiciable disputes
E) appellate jurisdiction

e
16) A legislative court is

A) a state-level court.
B) the initial level of federal courts for most disputes.
C) staffed by judges who lack the protections against removal or salary reductions while in office.
D) staffed by judges who serve for life.
E) one that specializes in the review of legislation for its constitutionality.

c
17) The entry point for most litigation in the federal courts is in one of the ________ courts.

A) appellate
B) district
C) Superior
D) legislative
E) municipal

b
18) There are ________ federal district courts.

A) 53
B) 12
C) 9
D) 91
E) 50

d
19) Courts of original jurisdiction are

A) usually federal courts.
B) trial courts.
C) highly specialized in the types of cases they hear.
D) usually appellate courts.
E) the courts that were established by the original Constitution rather than by Congress.

b
20) Courts with appellate jurisdiction

A) determine the facts about a case.
B) review the legal issues involved in a case.
C) hear only criminal cases.
D) have no original jurisdiction.
E) hear only civil cases

b
21) The Court of Claims is a

A) district court.
B) state court.
C) legislative court.
D) Constitutional court.
E) presidential court.

c
22) Which one of the following is NOT true about the federal district courts?

A) Each district has between 2 and 27 judges, with one judge usually presiding alone over
most cases.
B) They hear appeals from municipal, county, and state courts.
C) They are the only federal courts in which trials are held, and juries may be impaneled.
D) They are the entry points for most litigation in the federal court system.
E) All federal district court judges are appointed by the president and confirmed by
Congress.

b
23) Which of the following is NOT under the jurisdiction of the district courts?

A) supervision of bankruptcy proceedings
B) supervision of the naturalization of aliens
C) admiralty and maritime law cases
D) the majority of all criminal cases in the United States
E) civil suits under federal law

d
24) The only federal courts in which trials are held, and in which juries may be impaneled, are the

A) superior courts.
B) legislative courts.
C) courts of claims.
D) district courts.
E) courts of appeal.

d
25) About 98 percent of all criminal cases in the United States are heard in

A) federal district courts.
B) appellate courts.
C) state and local court systems.
D) the Supreme Court.
E) legislative courts.

c
26) An important player at the district court level in each district is the ________, nominated by the president and confirmed by the Senate. He or she serves at the discretion of the president.

A) Solicitor General
B) county clerk
C) federal marshal
D) United States attorney
E) federal magistrate

d
27) Most criminal and civil cases

A) are decided by jury trial in state courts.
B) never reach trial, but are settled out of court.
C) are appealed to a higher court.
D) are decided by a judge in federal district court.
E) eventually end up in the Supreme Court.

b
28) The vast majority of all civil and criminal cases

A) begin and end in state courts.
B) involve federal law, but are tried in state courts.
C) begin and end in federal courts.
D) begin in state courts and are appealed to federal courts.
E) involve state laws that are tried in federal courts.

a
29) Federal magistrates perform each of the following functions EXCEPT

A) preside over some trials.
B) issue warrants for arrest.
C) hear motions subject to review.
D) prosecute violations of federal law.
E) none of the above

d
30) The United States government is represented in civil cases in district courts by a

A) district judge.
B) United States marshal.
C) federal magistrate.
D) United States attorney.
E) none of the above

d
31) About 75 percent of the more than 63,000 cases heard in the United States courts of appeal come from

A) challenges to orders of many federal regulatory agencies, such as the Securities and Exchange Commission.
B) the Supreme Court.
C) the Superior Courts.
D) the district courts.
E) the legislative courts.

d
32) The jurisdiction of the district courts extends to each of the following EXCEPT

A) federal crimes.
B) supervision of bankruptcy proceedings.
C) appeals from state courts.
D) admiralty and maritime law cases.
E) federal civil suits.

c
33) Which of the following is NOT true about the United States courts of appeal?

A) They hold no actual trials, hear no testimony, and do not impanel juries.
B) Their focus is on correcting errors of procedure and law that occurred in the original proceedings of the case.
C) Their decisions are final and cannot be appealed to the Supreme Court.
D) Their decisions set precedent for all the courts and agencies within their jurisdiction.
E) none of the above

c
34) For handling cases at the courts of appeal level, the United States is divided into ________ judicial circuits, including one for the District of Columbia.

A) 55
B) 26
C) 12
D) 51
E) 91

c
35) Each court of appeals normally hears cases in panels consisting of ________ judges.

A) 9
B) 6
C) 12
D) 7
E) 3

e
36) The United States Court of Appeals for the Federal Circuit

A) decides which cases will and will not be heard by the Supreme Court.
B) screens all cases going to the Supreme Court, from which the Supreme Court decides which cases to take.
C) consists of the Supreme Court itself.
D) is responsible for determining the constitutionality of laws passed by Congress.
E) consists of judges who hear appeals in specialized cases such as those regarding patents, copyrights, etc.

e
37) Appeals regarding patents would be heard by

A) the United States Court of Appeals for the Federal Circuit.
B) the Court of Claims.
C) the Solicitor General.
D) a Federal District Court.
E) the United States Supreme Court.

a
38) The Supreme Court consists of the chief justice and ________ associate justices.

A) eight
B) ten
C) six
D) twelve
E) nine

a
39) The functions of the Supreme Court include each of the following EXCEPT

A) maintaining national supremacy in the law.
B) resolving conflicts among the states.
C) reviewing the evidence in cases involving crimes committed by public officials.
D) ensuring uniformity in the interpretation of national laws.
E) rule on cases accepted from lower courts.

c
40) The size of the Supreme Court has remained the same since

A) the Judiciary Act of 1789.
B) the Twelfth Amendment was ratified in 1804.
C) President Roosevelt expanded it in 1937.
D) the original Constitution specified the number of justices.
E) President Ulysses S. Grant took office in 1869.

e
41) The United States Supreme Court?s jurisdiction includes

A) appellate jurisdiction from both state and federal courts.
B) original jurisdiction only in cases involving foreign diplomats.
C) only appellate jurisdiction.
D) original jurisdiction in cases involving citizens from one state only if it involves a federal question.
E) all of the above

a
42) Most decisions handed down by the Supreme Court are cases involving

A) original jurisdiction.
B) appeals from state courts.
C) federal felonies involving ?exceptional circumstances.?
D) appeals from lower federal courts.
E) appeals from state supreme courts.

d
43) Most cases heard by the Supreme Court come from

A) matters over which the Supreme Court has original jurisdiction.
B) state criminal courts.
C) the United States Court of Appeal for the Federal Circuit.
D) civil actions from lower federal courts.
E) civil actions from state courts.

d
44) Which of the following statements about federal judges is FALSE?

A) All federal judges are nominated by the president and confirmed by a majority of the
Senate.
B) Federal judges may be removed from office only by conviction of impeachment.
C) Members of the federal judiciary can not have their salaries reduced.
D) Only seven Supreme Court justices have ever been removed from office.
E) none of the above

d
45) The customary manner in which the Senate disposes of federal judicial nominations in one state is through

A) the seniority system.
B) senatorial courtesy.
C) majority vote, usually along party lines.
D) judicial review.
E) state?s review.

b
46) Senators have dominated the selection of judges for the federal district courts through

A) their control of the budget.
B) their power over court jurisdictions.
C) the influence of the Senate Judiciary Committee.
D) the custom of senatorial courtesy.
E) all of the above

d
47) Which of the following statements about senatorial courtesy is FALSE?

A) When there is a vacancy for a federal judgeship, the relevant senator will suggest one or
more names to the Attorney General and the president.
B) Presidents usually check carefully with the relevant senator ahead of time so that they will avoid making a nomination that will fail to be confirmed.
C) To invoke senatorial courtesy, the relevant senator must provide documented evidence why the nominee is not fit for office.
D) Federal judicial nominations are not confirmed when opposed by a senator of the president?s party from the state in which the nominee is to serve.
E) none of the above

c
48) Which of the following statements about judicial selection in the lower courts is FALSE?

A) The president usually has more influence in the selection of judges to the federal courts of appeal than to federal district courts.
B) Sitting judges may be asked to evaluate prospective judicial nominees.
C) The Department of Justice and the Federal Bureau of Investigation conduct competency
and background checks on prospective judicial nominees.
D) Candidates for judicial nomination rarely campaign for the positions themselves.
E) none of the above

d
49) Which of the following statements about the selection of Supreme Court justices is FALSE?

A) The president usually relies on the Attorney General and the Department of Justice to
identify and screen candidates for the Court.
B) Senators play a greater role in the recruitment of Supreme Court justices than in the selection of lower court judges.
C) The president usually operates under fewer constraints in nominating members to the
Supreme Court than to the lower courts.
D) Candidates for nomination to the Supreme Court usually keep a low profile.
E) none of the above

b
50) About ________ of nominees to the Supreme Court fail to be confirmed.

A) 38 percent
B) 5 percent
C) 50 percent
D) 20 percent
E) 10 percent

d
51) In its investigation of Supreme Court nominees, the Senate Judiciary Committee

A) follows the custom of senatorial courtesy and confirms nominees approved by their home state senators.
B) limits its investigation to the nominee?s judicial integrity and experience.
C) is basically a rubber stamp for the president?s nomination.
D) may probe a nominee?s judicial philosophy in great detail.
E) none of the above

d
52) In order to convince moderate senators to join them, opponents of a nomination for the Supreme Court try to focus on a nominee?s

A) mistrial rate.
B) ideology.
C) political activities.
D) competence or ethics.
E) age.

d
53) In order to defeat a judicial nomination, opponents in the Senate usually must

A) get public support in opposition to the nomination.
B) be in the majority and be in the opposite party as the president.
C) be able to question a nominee?s competence or ethics.
D) get the American Bar Association on their side.
E) prove the nominee?s ideological extremism.

c
54) President Reagan?s nomination of Robert Bork as an associate justice on the Supreme Court

A) was rejected by the Senate.
B) was rejected by both the House and the Senate.
C) was withdrawn after it came to light that Bork had smoked marijuana while a law professor at Harvard.
D) was confirmed by the closest margin in the twentieth century.
E) based on Bork?s extensive legal experience.

a
55) Supreme Court justice Clarence Thomas

A) has no identifiable ideology.
B) is an ideological moderate.
C) is an ideological moderate who advocates a jurisprudence of original intent.
D) is ideologically liberal.
E) is ideologically conservative.

e
56) President ________ appointed more women, African Americans, and Hispanics to the federal district and circuit courts than all previous presidents combined.

A) Jimmy Carter
B) Lyndon Johnson
C) Ronald Reagan
D) Gerald Ford
E) George Bush

a
57) The first woman appointed to the United States Supreme Court was

A) Sandra Day O?Connor.
B) Frances Perkins.
C) Hillary Clinton.
D) Charlotte Perkins Gilman.
E) Ruth Bader Ginsberg.

a
58) Who currently serves on the Supreme Court as the chief justice?

A) William Rehnquist
B) Samuel Alito
C) Harriet Miers
D) John Roberts
E) Dennis Kucinich

d
59) Usually more than 90 percent of presidents? judicial nominations are members of

A) the Department of Justice.
B) law school faculties.
C) state legislatures.
D) their own party.
E) Congress.

d
60) What percentage of presidents? judicial nominations are members of their own parties?

A) almost 80 percent
B) slightly more than half
C) except for rare occasions, 100 percent
D) usually more than 90 percent
E) about 75 percent

d
61) The most important factors influencing the president?s selection of judges and justices appears to be

A) ideology and partisanship.
B) race and gender.
C) judicial and elective experience.
D) geography and religion.
E) their law school rank.

a
62) Under Ronald Reagan?s administration, there was a strong tendency to appoint federal judges on the basis of

A) ascriptive characteristics.
B) experience in the law profession.
C) ideology.
D) partisan involvement.
E) their contributions to Reagan?s presidential campaign.

c
63) Supreme Court justices often try to time their retirement

A) to maximize their government retirement pension.
B) in such a way as to maximize their historical impact.
C) so that a president with compatible views will choose their successor.
D) so they can resign in protest of a major majority decision that they disagree with.
E) near election time so that the Supreme Court nomination becomes an election issue.

c
64) President Eisenhower?s selection of Earl Warren and William Brennan to the Supreme Court is an example of

A) the Senate majority?s tendency to reject nominees of the opposing political party.
B) how religion and region were once important selection criteria.
C) how a president can mold the Court to his ideology.
D) how presidents can become disappointed with their selections.
E) the importance of partisanship in the selection of justices.

e
65) Presidents are disappointed with their judicial nominations to the Court about ________ percent of the time.

A) 33
B) 15
C) 10
D) 25
E) 50

d
66) President Franklin Roosevelt?s appointees to the Supreme Court

A) liberalized the Court.
B) routinely ruled his New Deal legislation unconstitutional.
C) made the Court more conservative.
D) proved to have no effect upon the decisions of the Court.
E) proved to be great disappointments to him on issue after issue.

a
67) One of the most important factors that brings potential federal judges to the attention of senators and the Department of Justice is their

A) stand on issues.
B) conviction rates.
C) total honesty and integrity.
D) ideological neutrality.
E) involvement in partisan politics.

e
68) If ________ Supreme Court justices agree to grant review of a case, it can be scheduled for oral argument or decided on the basis of the written record already on file with the Court.

A) six
B) two
C) four
D) nine
E) a majority of

c
69) The most common way for the Supreme Court to put a case on its docket is by issuing a(n) ________, a formal document that calls up a case which deals with a Constitutional question or in which state laws are claimed to violate federal law.

A) writ of mandamus
B) stare decisis
C) amicus curiae brief
D) per curiam decision
E) writ of certiorari

e
70) In order for the Supreme Court to hear oral arguments or decide a case on the written record,

A) a majority of the justices must agree to take the case.
B) four justices must agree to take the case.
C) the case must first be sent to it by the president.
D) only the chief justice must agree to take the case.
E) all justices must agree to take the case.

b
71) A writ of certiorari

A) means that judges have decided a case on the basis of precedent.
B) frees a detained person whom a court has found is being held in violation of due process.
C) is used by the Supreme Court to call up a case.
D) is the official record of a court?s decision, stating the facts of the case and the rationale for the decision.
E) is used to move a case from a court of original jurisdiction to a federal district court.

c
72) The ________ is a presidential appointee who is in charge of the appellate court litigation of the federal government, works out of the Department of Justice, and can have an important influence on the Supreme Court.

A) Adjutant General
B) Solicitor General
C) United States attorney
D) Attorney General
E) chief justice

b
73) Which of the following is NOT a function of the United States Solicitor General?s office?

A) decide whether or not to appeal cases the government has lost in the lower courts
B) review and modify the briefs presented in government appeals
C) require the Supreme Court to review a government case on appeal
D) represent the government before the Supreme Court
E) none of the above

c
74) In a typical year, the Supreme Court issues ________ formal written opinions that could serve as precedent, and thus as the basis of guidance for lower courts.

A) more than 1,000
B) fewer than 100
C) between 150 and 500
D) more than 500, but less than 1,000
E) fewer than ten

b
75) A ________ is a Supreme Court ruling without explanation which resolves an immediate case but has no value as precedent because the Court does not offer reasoning that would guide lower courts in future decisions.

A) stare decisis
B) writ of certiorari
C) concurring opinion
D) per curiam decision
E) writ of mandamus

d
76) Those who are interested in the outcome of a case, but are not formal litigants, sometimes submit ________ briefs, raising points of view and presenting information that they hope will influence the Supreme Court?s decision.

A) certiorari
B) stare decisis
C) amicus curiae
D) per curiam decision
E) concurring

c
77) Principal reasons for the Court?s choosing to hear a case would include each of the following EXCEPT

A) conflict between different lower courts on the interpretation of federal law.
B) cases that involve major issues, like civil liberties.
C) disagreement between a majority of the Supreme Court and lower court decisions.
D) politically hot and divisive cases.
E) the justices? law clerks recommend doing so.

d
78) The decision to appeal cases the federal government has lost in the lower courts is made by the

A) majority of the Supreme Court.
B) Solicitor General.
C) president.
D) chief justice.
E) district judge.

b
79) A per curiam decision is a

A) decision without explanation.
B) decision by the court not to hear a case.
C) written opinion of a case.
D) decision that can be used as a precedent.
E) court decision of narrow scope that can be issued by a single judge in limited
circumstances.

a
80) An amicus curiae brief may be submitted by

A) lawyers representing each side of a case.
B) a judge to a jury outlining the parameters a jury must follow in deciding a case.
C) the chief justice.
D) groups that are interested in the outcome of a case, but are not formal litigants.
E) the actual litigants in a case.

d
81) ________ opinions are those offered by one or more Supreme Court justices not only to support a majority decision, but also to stress a different Constitutional or legal basis for the judgment.

A) Amicus curiae
B) Dissenting
C) Concurring
D) Adjunct
E) Differential

c
82) A written opinion in a Supreme Court case is a

A) legal argument submitted by an attorney in a case seeking to sway a justice?s decision.
B) way of establishing the Court?s agenda.
C) statement of the legal reasoning behind a decision.
D) formality handled by the chief justice?s law clerks.
E) form of press release written by the chief justice.

c
83) An opinion written to stress a different Constitutional or legal basis for the judgment is called a(n)

A) concurring opinion.
B) dissenting opinion.
C) amending opinion.
D) majority opinion.
E) minority opinion.

a
84) The vast majority of cases reaching the federal courts are settled on the principle of ________, meaning that an earlier ruling should hold for the case being considered.

A) historical authority
B) stare decisis
C) amicus curiae
D) per curiam decision
E) certiorari

b
85) All courts rely heavily upon ________ the way similar cases were handled in the past as a guide to current decisions.

A) writs of certiorari
B) writs of mandamus
C) precedent
D) original intent
E) amicus curiae

c
86) Stare decisis means that cases are

A) decided using an adversarial system of opposing sides through which the truth
hopefully will emerge.
B) decided on the grounds of constitutionality.
C) often used by judges to in effect enact new law and public policy.
D) decided on the basis of precedent.
E) appealable only on procedural grounds not on evidence.

d
87) The Supreme Court ________ overrule is own precedents.

A) can
B) can, but has not tried to
C) will routinely
D) has tried but has failed to
E) cannot

a
88) Judicial ________ refers to how and whether court decisions are translated into real policy, affecting the behavior of others.

A) restraint
B) intent
C) action
D) review
E) implementation

e
89) The case of a black man named Virgil Hawkins who tried to get admitted to the University of Florida Law School illustrates

A) how other courts and other institutions of government can be roadblocks in the way of
judicial implementation.
B) how controversial issues shape the Supreme Court agenda.
C) the ability of the Supreme Court to resolve issues once and for all.
D) the ways Supreme Court judges enforce their decisions.
E) how the Supreme Court can remove all roadblocks in the way of judicial
implementation.

a
90) Which of the following is NOT one of the elements involved in the implementation of judicial decisions according to the categories noted by Charles Johnson and Bradley Canon?

A) institutionalized population
B) interpreting population
C) consumer population
D) implementing population
E) defining population

a
91) The concept of original intent holds that

A) judges and justices should determine the intent of the framers of the Constitution
regarding a particular matter and decide cases in line with that intent.
B) the founders intended judges to use discretion.
C) it is necessary to adapt the principles in the Constitution to the demands of each era.
D) the founders embraced general principles that are open to interpretation.
E) the founders intended judges to interpret the Constitution but make new law when
necessary.

a
92) In the immediate aftermath of the Supreme Court?s famous Brown v. Board of Education decision, the president and Congress

A) refused to enforce speedy compliance with the ruling, thus severely weakening
implementation over the next decade.
B) celebrated the fact that the Supreme Court had now joined them in supporting swift
compliance with a new federal law.
C) overruled the Supreme Court in a rare instance of judicial review.
D) worked quickly to implement the decision nationwide.
E) proposed a Constitutional amendment to overturn the Court?s decision, although the
amendment was never ratified by the states.

a
93) Until the Civil War, the dominant questions before the Supreme Court regarded

A) questions of the relationship between the federal government and the economy.
B) presidential powers.
C) the powers and legitimacy of the federal government.
D) issues of social and political equality and the expansion of the right to vote.
E) the interpretation of First Amendment rights.

c
94) Marbury v. Madison established the principle of

A) Constitutional penumbra.
B) national supremacy.
C) original intent.
D) judicial review.
E) stare decisis.

d
95) Which of the following statements about the Supreme Court case of Marbury v. Madison is FALSE?

A) The Court established its power to hold acts of Congress in violation of the Constitution.
B) The Court ruled part of the Judiciary Act of 1789 unconstitutional.
C) The Court ruled that Madison was in the right to withhold Marbury?s commission.
D) The Court ruled that it had no power to require that Marbury?s commission be delivered.
E) none of the above

c
96) Judicial review means

A) the right of the Congress to determine whether a decision of the Supreme Court is or is not Constitutional.
B) the power to remove Supreme Court justices from the bench if deemed unfit to retain office.
C) the right of the president to determine whether a decision of the Supreme Court is or is
not Constitutional.
D) the right of the courts to determine whether executive or legislative acts are or are not Constitutional.
E) the Solicitor General?s oversight of the courts to make sure that rulings are uniform nationwide and that procedural due process is being followed by all courts.

d
97) The principle of judicial review was first established expressly in writing in the Supreme Court decision of

A) United States v. Nixon.
B) McCulloch v. Maryland.
C) Marshall v. United States Congress.
D) Marbury v. Madison.
E) Marshall v. Jefferson.

d
98) During the early New Deal era, the Supreme Court was dominated by conservatives who

A) came to be known as the Bad Deal Five for thwarting New Deal legislation and were
impeached and removed as a group by Congress.
B) viewed federal intervention in the economy as unconstitutional, and declared several
laws invalid.
C) strongly supported federal intervention in the economy, and voted to uphold all New
Deal acts.
D) overturned the precedent of Marbury v. Madison and ruled that the Supreme Court has
no power of judicial review.
E) were impeached one by one by Congress.

b
99) The proposal to add justices to the Supreme Court, known as the ?court packing plan? to critics, was made by President ________ who wanted to be able to appoint justices more sympathetic to his philosophy than the ?nine old men.?

A) Dwight Eisenhower
B) Harry Truman
C) Franklin Roosevelt
D) Richard Nixon
E) John F. Kennedy

c
100) The president who tried to pack the Supreme Court by increasing its size in order to effect a sympathetic majority was

A) Franklin Roosevelt.
B) Harry Truman.
C) Richard Nixon.
D) Dwight Eisenhower.
E) Thomas Jefferson.

a
101) The most liberal court of the modern era has been the

A) Rehnquist Court.
B) Marshall Court.
C) Warren Court.
D) Taft Court.
E) Burger Court.

c
102) One of the most active Supreme Courts in shaping public policy in areas of desegregation and the rights of the accused was the

A) Warren Court.
B) Rehnquist Court.
C) Marshall Court.
D) Burger Court.
E) Nixon Court.

a
103) Richard Nixon chose ________ as the new chief justice in 1969, hoping with this appointment to move the Supreme Court toward a more ?strict construction? interpretation of the Constitution in its subsequent decisions.

A) John Marshall
B) Nelson Rockefeller
C) Warren Burger
D) Harry Blackmun
E) Earl Warren

c
104) In the case of United States v. Nixon, the Supreme Court ruled that

A) President Nixon did not have to hand over White House tape recordings to the courts.
B) John Kennedy had lawfully won the presidential election of 1960, and Richard Nixon?s challenge was unfounded.
C) President Nixon had to hand over White House tape recordings to the courts.
D) President Nixon be removed from office and that Vice President Gerald Ford take over the presidency.
E) President Nixon was guilty of conspiracy to obstruct justice by impeding the investigation of the Watergate burglary.

c
105) The Rehnquist Court

A) has slowly chipped away at liberal decisions.
B) has been deeply divided between liberals and conservatives, and personality conflicts
have added to a court in turmoil.
C) created a revolution in constitutional law.
D) has been a disappointment to conservatives.
E) has gone further to shape public policy than the Warren Court.

a
106) Democratic theorists criticize the courts on the grounds that they are

A) used indiscriminately, leading to legal stagnation.
B) not representative of the victimized upper and upper-middle classes.
C) not representative of the people or majority public opinion.
D) and always have been used to persecute vulnerable minorities.
E) easily swayed by interest-group pressure.

c
107) Studies of Supreme Court decisions found that

A) the Court prefers to base its decisions on the Constitution rather than narrower and more
contentious technical grounds.
B) the Court is usually out of line with public opinion.
C) there is no correlation between public opinion and Court decisions.
D) the Court is normally in line with popular majorities.
E) the Court renders fewer decisions in election years.

d
108) Which of the following statements about the courts and pluralism is FALSE?

A) Almost every major policy decision these days ends up in court.
B) Interest groups find it difficult to find judges who will rule in their favor.
C) When groups go to court, they use litigation to achieve their policy objectives.
D) The habit of always turning to the courts as a last resort can add to policy delay, deadlock, and inconsistency.
E) Even though the courts are the least democratic institution, groups can still us them to achieve their goals.

b
109) The view that judges should play a minimal role in policymaking is called judicial

A) jurisprudence.
B) restraint.
C) precedent.
D) objectivity.
E) neutrality.

b
110) Advocates of ________ emphasize that the courts may alleviate pressing needs, especially of those who are weak politically or economically, left unmet by the majoritarian political process.

A) judicial activism
B) the jurisprudence of original intent
C) judicial restraint
D) judicial implementation
E) judicial review

a
111) The justification used by federal courts primarily to avoid deciding cases regarding conflicts between the president and Congress is known as the doctrine of

A) judicial activism.
B) political questions.
C) independent grounds.
D) stare decisis.
E) judicial restraint.

e
112) As a means to avoid deciding some cases, the federal courts have developed a doctrine of

A) judicial precedent.
B) strict constructionism.
C) statutory construction.
D) judicial activism.
E) political questions.

e
113) When given a choice, the courts are least likely to decide a case on the basis of

A) standing.
B) precedent.
C) the Constitution.
D) mootness.
E) jurisdiction.

c
114) How many times has the Supreme Court ruled a federal law unconstitutional?

A) fewer than 200
B) more than 500
C) once
D) never
E) about 1,000

a
115) Cases that involve statutory construction

A) can be overturned by Congress by clarifying an existing law.
B) must be decided according to a strict construction of the Constitution.
C) are usually precedent setting.
D) involve policy issues.
E) can only be changed through a Constitutional amendment.

a

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