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Although appeals courts are between the district courts and the Supreme Court, in actuality it is in the appeals courts where the final decision is rendered in most federal appellate cases.

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When the Supreme Court justices interpret the Affordable Care Act, they are engaged in ________.


A) constitutional review
B) judicial review
C) statutory interpretation
D) congressional oversight

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________ wrote that the Supreme Court would be "beyond comparison the weakest of the three departments of power."


A) John Marshall
B) James Madison
C) Alexander Hamilton
D) James Wilson

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Describe the basic structure of the federal courts.

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The general trial-level courts in the fe...

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Presidents


A) must nominate law-school graduates to federal judgeships.
B) can nominate whomever they wish to federal judgeships.
C) must nominate someone with a rating of "well qualified" from the American Bar Association.
D) typically allow U.S. senators to tell them whom to nominate for federal judgeships.

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Unlike the first 100 years of the Supreme Court's history, more recent time periods have displayed an increased tendency toward


A) making unanimous decisions.
B) employing political justifications for overturning precedent.
C) expressing minority views through dissents.
D) ruling in favor of the side with public opinion behind it.

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Which one of the following is the most severe restriction on the Supreme Court's policy-making role?


A) The Court has only nine members.
B) The justices cannot set the judicial agenda and can only choose from cases appealed to it.
C) The president can change the size of the Court if the president disagrees with its decisions.
D) The Court is required to follow the dictates of precedent even when its justices disagree with those precedents.

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A class-action lawsuit


A) involves one litigant.
B) involves many litigants.
C) is banned in most states.
D) is a poor way to provide accountability and justice in our economic system.

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The Supreme Court justices typically hear about 20 percent of all cases submitted to them for appeal.

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Why is plea bargaining so prevalent in the United States?

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Most civil and criminal cases are settle...

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Which one of the following statements is accurate?


A) No presidential nomination to the federal judiciary has been filibustered in U.S. history.
B) The nuclear option was invoked by the Republicans during Bill Clinton's presidency.
C) Both major parties have been willing to use the filibuster to block judicial nominees.
D) Presidential nominations to the federal courts have not been very controversial for the past 25 years.

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Why is standing an important criterion for the Supreme Court?


A) It can only be used if the mootness criterion is also used.
B) It allows the Supreme Court to duck hearing politically sensitive cases by ruling that the plaintiff does not have standing.
C) It helps interest groups know whether or not they can submit an amicus curiae brief.
D) It supports the Rule of Four in helping Supreme Court justices decide which cases to hear.

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When a president consults with a senator from a court nominee's home state and who shares a party affiliation with the president, she or he is engaging in ________.


A) senatorial courtesy
B) precedent
C) amicus curiae
D) judicial activism

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Although judicial review is an accepted part of the U.S. political system, critics of judicial review contend that it


A) provides too much power to the majority.
B) is undemocratic because it gives nine unelected judges enormous power.
C) is undemocratic because a minority of the Court can affect national policy.
D) creates liberal bias in the system because most justices are former lawyers from Ivy League universities.

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Opinion assigning duties for Supreme Court decisions are determined by ________.


A) patronage
B) seniority
C) random chance
D) the wishes of the clerk

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The framers gave federal judges lifetime tenure so that they could be independent.

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The significance of the Court asserting its power to review the constitutionality of laws passed by Congress is that it


A) allowed the Court to become an equal partner in the institutional balance of power.
B) ensured the survival of dual federalism.
C) ensured that the rights of the majority would prevail.
D) allowed the Court to have the final say on all national laws and policies.

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Activist judges


A) are always liberal.
B) tend to take a strict interpretation of the Constitution.
C) tend to uphold precedent most of the time.
D) can be conservative.

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The person responsible for litigating on behalf of the federal government is the ________.


A) attorney general
B) chief justice
C) solicitor general
D) federal chief procurator

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Why did Alexander Hamilton argue that the judiciary would be the weakest branch of government at the federal level? Explain.

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Alexander Hamilton argued that the judic...

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