Exam 14: The Courts

A) A three-tiered hierarchical system.
B) A dual system that is divided between the federal government and the states.
C) A dual system that is divided along criminal and civil cases.
D) A multilayered system with continually shifting hierarchies.
E) A top down system, in which the Supreme Court directs lowers courts as to which cases to hear and why

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A) The Republicans would disallow the use of the filibuster so that there would be no means for the minority party to protest a nomination.
B) The Democrats would tie up the business of the Senate by not acting on anything requiring unanimous consent.
C) The Democrats would not approve any more justices nominated by President Bush.
D) The Republicans would change the rules so that Supreme Court nominations would no longer be subject to approval by the Senate.
E) The Supreme Court would grow to have two more members so that the president could "pack" the court with conservative judges.

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A) it gives unelected members of a government body power over elected members of other government bodies.
B) presidents have used it often and recklessly.
C) judges are directly accountable to the people.
D) it merely takes a majority of Congress to override constitutional decisions of the Supreme Court.
E) it rarely supports the majority of public opinion.

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A) First Amendment rights.
B) the drawing of electoral districts.
C) the rights of criminals.
D) equal protection cases.
E) election law.

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A) It outlines the powers of the courts in relationship to the other two federal branches.
B) It creates the office of "chief justice of the United States."
C) It states that judges should serve life terms.
D) It specifies the categories of cases the Supreme Court may or may not hear.
E) It grants Congress the power to create addition federal courts as needed.

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A) for 10 years and then must run for election.
B) during the tenure of the President who appointed them.
C) different terms, as established by Congress.
D) "during good behavior," which usually means for life.
E) for appointed terms of less than 20 years.

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A) does not mention the Supreme Court.
B) gives specific and detailed instructions about the role of the Supreme Court in government.
C) mentions only the Supreme Court and the courts of appeals.
D) establishes the Supreme Court and its jurisdiction, but does not outline the judicial branch.
E) is silent on who or what may create a court system.

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Most cases in the federal court system a...

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A) generally believed in the inherent demise of free market capitalism.
B) generally believed, like Jefferson, in the important role of small, local governments.
C) emphasized the state's right to infringe on individual property rights.
D) generally believed, like Hamilton, that American greatness depended on a strong national government.
E) prioritized limiting state infringement on individual liberties.

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A) the voting blocks are relatively stable.
B) they almost always vote according to ideology.
C) their social backgrounds almost always determine how they will vote.
D) their prior judicial experience can almost always be used to predict how they will vote.
E) none of the above

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A) must follow precedent in all decisions.
B) are grounded in the Roman law tradition.
C) are more like French courts than like British courts.
D) tend to follow precedent, and move away from it only slowly.
E) must remand cases when they do not follow precedent.

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A) appellate jurisdiction, which means they hear appeals from other courts.
B) original jurisdiction, which means they do not hear appeals from other courts.
C) appellate, which means they do not have juries.
D) appellate jurisdiction heard on appeal from state supreme courts.
E) last resort.

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A) is only an appellate court.
B) is only a court of original jurisdiction.
C) is both a court of original jurisdiction and an appellate court.
D) acts as neither a court of original jurisdiction nor an appellate court.
E) hears more original cases than cases appealed.

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A) there must be a majority of justices who have made up their minds on how they intend to vote.
B) the case must be real and adverse.
C) all other avenues of appeal must have been exhausted.
D) it must be a case of original jurisdiction.
E) none of the above

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A) had no support among the Founders.
B) has been used only three times since the Founding.
C) was boldly claimed by Taney in Plessy v. Ferguson.
D) is sometimes invoked in the context of higher laws that govern the behavior of governments.
E) does not extend to state courts.

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