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According to the doctrine of judicial restraint,the judiciary should


A) defer to precedent and to decisions made by legislature.
B) deny most appeals for retrials.
C) deny individual rights when they conflict with the majority's desires.
D) decline to make any decision that requires judges to give added meaning to the words of the Constitution.
E) conform to the will of the people as measured by public opinion polls.

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An amicus curiae ("friend of the court") brief provides a court with the view held by


A) an interest that is not a direct party to the case.
B) the Justice Department.
C) the House and Senate judiciary committees.
D) the American Bar Association.
E) the solicitor general.

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The Supreme Court is likely to grant a hearing when a case involves


A) an issue of state law as opposed to an issue of federal law.
B) an issue of private law as opposed to an issue of public law.
C) an issue that is being decided inconsistently by the lower courts.
D) the possibility that an innocent person has been wrongly convicted of a crime.
E) an issue dealing with state constitutional law.

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A concurring opinion


A) explains the chief justice's position on a case.
B) is a separate view written by a justice who votes with the majority but disagrees with its reasoning.
C) is delivered when the Court interprets a constitutional issue.
D) is delivered when at least two justices,but less than a majority,hold the same opinion in a case.
E) explains why the Court accepted the case in the first place.

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A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a


A) writ of certiorari.
B) landmark decision.
C) writ of mandamus.
D) precedent.
E) writ of error.

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The lowest level of the federal court system is the


A) circuit court of appeal.
B) highest level of the state courts.
C) district court.
D) justice of the peace.
E) supreme judicial tribunal.

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The Supreme Court is most likely to grant ________ when the U.S.government-through the solicitor general-requests it.


A) original jurisdiction
B) certiorari
C) per curiam decision
D) a writ of error
E) mandamus

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The discretionary power of judges is less than that of elected officials because judges


A) are prohibited from relying on personal judgment when deciding an issue.
B) must make decisions that can be justified in terms of existing provisions of the law.
C) are prohibited from addressing issues that have not been previously addressed by elected officials.
D) are prohibited from taking into account the political consequences of a decision.
E) must render rulings on all appeals.

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With regard to the lower courts,the Supreme Court's primary responsibility is


A) establishing legal precedents that will guide their decisions.
B) correcting any technical mistakes the lower courts make in the cases they hear.
C) settling jurisdictional disputes among federal judges.
D) settling jurisdictional disputes between state and federal judges.
E) All these answers are correct.

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With regard to public opinion,the Supreme Court


A) ignores it in order to make decisions that are based on enduring values rather than the public's passing whims.
B) remains uninformed about it because justices stay on the bench for life and never face the public scrutiny of an election.
C) attempts to stay close enough to public opinion so as to avoid outright defiance of its decisions.
D) attempts to follow it very closely in order to create public enthusiasm for its rulings.
E) None of these answers is correct.

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The constitutional provision that federal judges and justices hold office "during good behavior" has


A) meant,in effect,that they will serve until they die or choose to retire.
B) provided them the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress.
C) enabled presidents to influence judicial policy through their appointments long after leaving the White House.
D) had all these effects: Federal judges and justices serve,effectively,until they die or choose to retire; they are provided the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress; and presidents are able to influence judicial policy through their appointments long after leaving the White House.
E) None of these answers is correct.

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The Supreme Court has original jurisdiction in legal disputes involving


A) foreign diplomats.
B) the president.
C) the Congress.
D) private parties.
E) free speech and equal protection issues.

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Compared to Supreme Court nominations,those for the lower federal courts


A) are,although much greater in number,irrelevant to a president's policy agenda.
B) are not subject to partisan consideration.
C) have typically involved nominees who held elective office,particularly a seat in the U.S.Senate.
D) are not subject to senatorial courtesy.
E) None of these answers is correct.

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What is the most common method in the states for the selection of judges?


A) appointment by the state supreme courts
B) promotion from within the legal establishment
C) appointment by the governor
D) election to office
E) appointment by state legislatures

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Federal judges are


A) nominated by the president.
B) confirmed by the U.S.Senate.
C) appointed for an indefinite period,providing they maintain "good behavior".
D) all of these: nominated by the president,confirmed by the U.S.Senate,and appointed for an indefinite period providing they maintain "good behavior".
E) None of these answers is correct.

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Describe the four types of U.S.Supreme Court opinions.

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There are four types of U.S.Supreme Cour...

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About ________ percent of the nation's legal cases are decided in state court systems.


A) 10
B) 25
C) 50
D) 75
E) 95

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According to the Constitution,the federal courts can issue a decision only


A) in response to actual legal cases.
B) in cases where the U.S.government is one of the parties involved in the dispute.
C) on cases heard previously by a state court and appealed by the losing party.
D) in cases where the U.S.government is one of the parties involved in the dispute,and where the cases were heard previously by a state court and appealed by the losing party.
E) None of these answers is correct.

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Of the thirteen U.S.courts of appeals,


A) all thirteen are assigned geographically to groups of states to deal with disputes over state laws.
B) one is devoted to issues involving military tribunals and the District of Columbia.
C) five have jurisdiction over disputes involving foreign territories or countries and the District of Columbia.
D) eleven have jurisdiction over a "circuit" comprised of the district courts in anywhere from three to five states.
E) three are devoted to dealing with disputes involving the overlapping contradiction between state and federal laws.

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The Lawrence v.Texas decision in 2003 involved


A) the Supreme Court reinterpreting a provision of the Constitution.
B) the Supreme Court striking down federal law.
C) the Supreme Court invalidating state laws.
D) the Supreme Court striking down an executive action as unconstitutional.
E) a U.S.appeals court upholding a lower state court ruling.

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