Question 1

Is it legitimate that the United States Supreme Court possesses the power of judicial review? Why, or why not?

Accepted Answer

Yes, it is legitimate that the United St...

Question 2

In terms of judicial implementation or enforcement of Supreme Court rulings, the Court

Accepted Answer

A)   has now acquired it own police force.
B)   has no enforcement powers and depends on the cooperation of the other two branches of government to carry out its decisions.
C)   does not make decisions that have to be enforced.
D)   allows Congress to set up legislative review.
E)   originally had enforcement powers, but those powers have since been eroded by federal legislation.

Question 3

What characterizes an opinion per curiam "by the court") ?

Accepted Answer

A)   When the Supreme Court's written opinion is unsigned
B)   When a ruling is invalidated
C)   When an opinion is ruled temporary, pending future decisions
D)   When an opinion is valid only for academic use
E)   When an opinion is an indication that the Court plans to review the case at a later date

Question 4

Which of the following best describes the doctrine of stare decisis?

Accepted Answer

A)   Higher courts can reverse lower court rulings.
B)   Courts do not have jurisdiction in a case.
C)   The court may refer a case to the next lowest court.
D)   Judges must follow the precedents established by past decisions.
E)   Judges must be guided by strict interpretation.

Question 5

Justices who believe in look to the "letter of the law" when they attempt to interpret the Constitution or a particular statute.

Accepted Answer

A)   Democratic ideology
B)   Republican ideology
C)   judicial activism
D)   broad construction
E)   strict construction

Question 6

When Sonia Sotomayor was appointed to the Supreme Court,

Accepted Answer

A)   she became the second female Supreme Court justice ever appointed to the Court.
B)   justices became more conservative in their ideological orientations.
C)   the commerce clause was struck down by liberal justices.
D)   she became the first Hispanic Supreme Court justice.
E)   the Supreme Court lost its swing votes.

Question 7

Which of the following statements best describes the George W. Bush Administration's stand on enemy combatants?

Accepted Answer

A)   Enemy combatants could be held indefinitely.
B)   Enemy combatants are treated like prisoners of war.
C)   Enemy combatants are not supposed to be detained by military tribunals.
D)   Enemy combatants could request warrants without having to justify the request.
E)   Enemy combatants were reclassified as enemy aliens.

Question 8

During its first term, the Roberts Court

Accepted Answer

A)   accepted few controversial cases for review.
B)   accepted many controversial cases for review.
C)   began a leftward drift.
D)   struck down a federal law banning partial-birth abortion.
E)   struck down the use of lethal injection as an execution method.

Question 9

A court rule bearing on subsequent legal decisions in similar cases is called a

Accepted Answer

A)   precedent.
B)   criminal law.
C)   judicial maxim.
D)   common law.
E)   statutory law.

Question 10

The concept of senatorial courtesy refers to the

Accepted Answer

A)   Senate approving judges only if they belong to the same party that is in control of the Senate.
B)   practice of allowing senators to have the exclusive right to nominate candidates for the federal district courts in their state.
C)   practice of allowing members of the House to participate in the nomination process.
D)   practice of allowing a senator to veto a judicial appointment for federal district courts in his or her state.
E)   Senate's deferring to the president and routinely approving his or her nominees.

Question 11

The body of judge-made law that originated in England from decisions shaped according to prevailing custom is known as

Accepted Answer

A)   administrative regulations.
B)   criminal law.
C)   judicial maxims.
D)   common law.
E)   statutory law.

Question 12

The term amicus curiae friend of the court)  brief refers to

Accepted Answer

A)   a legal argument supporting a desired outcome of a case, filed by an interested third party not directly involved in the case.
B)   a request that the Supreme Court order a lower court to send up the records of a case.
C)   a Supreme Court order barring further testimony during oral arguments.
D)   the belief that the Supreme Court should actively practice judicial review.
E)   a legal argument made regarding a hypothetical or purely academic question.

Question 13

A written opinion of the Supreme Court is best described as

Accepted Answer

A)   a press release.
B)   a recommendation to Congress.
C)   advice to the President.
D)   the Court's ruling on the issue presented, its reasoning, and applicable law.
E)   a ruling when it hears oral arguments.

Question 14

The most common occupational background of Supreme Court justices at the time of their appointment has been

Accepted Answer

A)   U.S. attorney general.
B)   U.S. senator.
C)   professors of law.
D)   federal executive posts.
E)   private legal practice or state or federal judgeship.

Question 15

Which of the following statements best describes the role of the United States Constitution?

Accepted Answer

A)   The United States Constitution is the supreme law of the land, with the exception of presidential mandates.
B)   The United States Constitution is also considered case law.
C)   The United States Constitution is the supreme law of the land.
D)   The United States Constitution is limited by statutes that are passed by legislatures.
E)   The United States Constitution is less powerful than state constitutions.

Question 16

Explain three ways in which the courts can be checked.

Accepted Answer

1. Judicial Review: The courts can be ch...

Question 17

Which of the following statements about appointments to federal appeals courts is true?

Accepted Answer

A)   Appeals court judges are far more numerous than federal district court appointments.
B)   Appeals court judges are usually selected because of their important position in state governments.
C)   Appeals court judges are usually Senators.
D)   Appeals court appointments are often "stepping­stones" to the Supreme Court.
E)   Appeals court judges are less influential than federal district judges.

Question 18

Compare and contrast the theories of judicial activism and judicial restraint, and theories of strict construction and broad construction.

Accepted Answer

The answer of Compare and contrast the theories of judicial...

Question 19

A Supreme Court justice who disagrees with the majority opinion may

Accepted Answer

A)   ask the Court to hear the case again.
B)   send the case back to a lower court.
C)   may ask that the case be put aside to be reviewed at a later time.
D)   write a dissenting opinion.
E)   file an amicus curiae brief.

Question 20

The doctrine of rests on the assumption that the courts should defer to the decisions made by the legislative and executive branches.

Accepted Answer

A)   judicial restraint
B)   judicial activism
C)   habeas corpus
D)   the rule of four
E)   stare decisis

Exam 12: The Judiciary

The body of judge-made law that originated in England from decisions shaped according to prevailing custom is known as

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The term amicus curiae friend of the court) brief refers to

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A written opinion of the Supreme Court is best described as

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Compare and contrast the theories of judicial activism and judicial restraint, and theories of strict construction and broad construction.

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The most common occupational background of Supreme Court justices at the time of their appointment has been

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A court rule bearing on subsequent legal decisions in similar cases is called a

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Which of the following best describes the doctrine of stare decisis?

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Which of the following statements about appointments to federal appeals courts is true?

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What characterizes an opinion per curiam "by the court") ?

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The concept of senatorial courtesy refers to the

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Justices who believe in look to the "letter of the law" when they attempt to interpret the Constitution or a particular statute.

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Which of the following statements best describes the role of the United States Constitution?

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In terms of judicial implementation or enforcement of Supreme Court rulings, the Court

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A Supreme Court justice who disagrees with the majority opinion may

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The doctrine of rests on the assumption that the courts should defer to the decisions made by the legislative and executive branches.

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Explain three ways in which the courts can be checked.

Correct AnswerAnswered by ExamLex AI1. Judicial Review: The courts can be ch...View AnswerShow Answer

During its first term, the Roberts Court

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When Sonia Sotomayor was appointed to the Supreme Court,

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Which of the following statements best describes the George W. Bush Administration's stand on enemy combatants?

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Is it legitimate that the United States Supreme Court possesses the power of judicial review? Why, or why not?

Correct AnswerAnswered by ExamLex AIYes, it is legitimate that the United St...View AnswerShow Answer

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1. Judicial Review: The courts can be ch...
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Yes, it is legitimate that the United St...
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