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As of 2016, ________ justices, excluding the seat left vacant by the late Justice Antonin Scalia, were appointed by ________ presidents.


A) six of the eight; Democratic
B) six of the eight; Republican
C) all of the; Democratic
D) four of the eight; Republican

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The written document in which attorneys explain why the court should rule in favor of their clients is called a(n) ________.


A) intervention
B) writ of certiorari
C) brief
D) writ of habeas corpus

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There are different kinds of judicial philosophy in how to interpret the law. Outline the theories of judicial restraint and judicial activism. Discuss an example of the Supreme Court employing judicial activism.

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Roe v. Wade (1973) was


A) based on a strict interpretation of the Constitution.
B) based on judicial activism.
C) based on judicial restraint.
D) not based on any precedent established by the Supreme Court.

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Explain the basic structure and jurisdiction of the federal judicial system. Describe the three different levels of federal courts. How are the lower courts created and how is their jurisdiction defined? What was the original jurisdiction of the Supreme Court?

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If someone is an advocate of the philosophy of judicial restraint, he or she believes


A) in looking only at the words of the Constitution in order to understand its meaning.
B) that the meaning of the law tends to evolve over time.
C) the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions.
D) that judges should openly consider both legal and political questions when adjudicating cases.

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________ protects federal judges from political pressure by granting them life tenure.


A) The Judiciary Act of 1789
B) Article III of the U.S. Constitution
C) The First Amendment
D) The Judicial Tenure Act of 1891

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The requirement of standing means that parties in a case must


A) have a concrete injury or interest at stake.
B) be present in court during the trial.
C) know the law they are using to defend themselves.
D) have an attorney present with them in court.

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Activist judges believe that federal judges should


A) always overrule state legislatures and governors when making decisions.
B) interpret the U.S. Constitution according to the intentions of its framers and defer to the views of Congress when interpreting federal statutes.
C) be more aggressive and ideological than the president when vacancies occur on the courts.
D) go beyond the words of a constitution or statute to consider the broader societal implications of their decisions.

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The first court to hear a case is called a(n) ________ court.


A) supreme
B) trial
C) advisory
D) appellate

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Section 1983 of the U.S. Code is significant because it


A) defines the formal requirements of becoming a judge in the federal court system.
B) expands the ability of federal judges to issue "consent decrees," under which the judges could take control of state prison systems.
C) limits the ability of federal judges to issue "consent decrees," under which the judges could take control of state prison systems.
D) encourages individuals and groups to bring their problems to the courts rather than to Congress or the executive branch.

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A single lawsuit involving thousands of smokers suing a tobacco company would be an example of ________.


A) a class-action suit
B) a plea bargain
C) amicus curiae
D) standing

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Which of the following statements best describes the composition of the federal judiciary?


A) There are an equal number of men and women, and far fewer Latino Americans than African Americans.
B) There are far fewer women than men, and far fewer African Americans than Latino Americans.
C) There are far fewer women than men, and fewer Latino Americans than African Americans.
D) There are far fewer men than women, and far fewer Latino Americans than African Americans.

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The essence of the rule of law is


A) having a supreme court.
B) having a government composed of a legislative, judicial, and executive branch.
C) ensuring that "the state" and its officials are judged by a different set of laws than the citizenry.
D) ensuring that "the state" and its officials are judged by the same laws as the citizenry.

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In Roe v. Wade (1973) , the Supreme Court was required to rule on the issue of ________, due to the fact that the pregnancy had already come to term.


A) jurisdiction
B) standing
C) mootness
D) stare decisis

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The Supreme Court's decision in Chamber of Commerce of the United States v. Environmental Protection Agency (2014) was significant because it


A) determined that organized business groups did not have standing to file suits against the Environmental Protection Agency.
B) outlawed congressional oversight hearings and investigations of independent executive branch agencies.
C) clearly stated that federal courts would not hear cases involving the implementation of decisions made by executive branch agencies.
D) affirmed the idea that courts will give considerable deference to administrative agencies in the rule-making process.

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In Schuette v. Coalition to Defend Affirmative Action (2014) , the justices ruled on a(n)


A) Michigan ballot initiative establishing that a ban on racial preferences in college admissions was constitutional.
B) Nebraska ballot initiative establishing that strict gun control laws were constitutional.
C) Indiana ballot initiative establishing that education vouchers were constitutional.
D) Maine ballot initiative establishing that banning the harvesting of lobsters was constitutional.

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Despite their prominence in the American political system, the federal courts have traditionally been subject to serious limitations on their power. Discuss the five major limitations on the power of the federal courts and explain what, if anything, the courts have done in recent decades to overcome these limitations.

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Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake


A) must always be heard in federal district court.
B) must always be heard in a state court.
C) must always be heard in the U.S. Supreme Court.
D) may be heard in either the federal or the state courts, usually depending on the preference of the plaintiff.

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The process of confirming federal court appointments has recently become very contentious. Describe the steps to becoming a federal judge and the considerations involved in who is nominated. Why has this process become so controversial in recent years? Provide some examples of this conflict in the confirmation process.

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