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What are some of the different types of judicial philosophy in how to interpret the law? Outline the theories of judicial restraint and judicial activism. What are some of the benefits of each theory? What are some problems?

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There are several different types of jud...

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The Supreme Court is established under Article III of the U.S. Constitution.

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How many justices currently serve on the Supreme Court?


A) seven
B) nine
C) ten
D) eleven
E) fifteen

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What was the basis of Justice John Marshall's assertion that the federal courts have the power of judicial review?


A) The Constitution grants the courts that power.
B) It is the duty of the courts to say what the law is; therefore it is necessary for the courts to interpret and expound upon the law.
C) Congress would have to ask the courts for permission to pass laws.
D) The president should not be able to "get around" Congress by issuing executive orders on any issue he or she would like.
E) The federal courts, since they are the least political branch of government, should have the power to review the actions of the political branches.

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When interest groups involved in litigation pursue a pattern-of-cases strategy, they are


A) using legal arguments that have won in the past.
B) bringing the same type of suit into multiple circuits, hoping that a contradiction in rulings will bring about a Supreme Court review.
C) shopping around for the district where the likelihood of a favorable decision is highest.
D) filing multiple friend-of-the-court briefs, in the hope of influencing the legal arguments of the Supreme Court.
E) filing cases in different courts on the same subject.

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The Supreme Court has no discretion over the cases it hears each term.

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What is the significance of dissenting opinions?


A) They are made to appeal to a justice's constituency groups.
B) They have as much weight of law as the majority's opinion does.
C) Dissents are signs that the Court is in disagreement on an issue and could change its ruling.
D) Dissents are meant to confuse lawyers and government officials as to the true meaning of a decided case.
E) They are meant to appease the losing side in a case.

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The role of the judiciary has gotten narrower and weaker since World War II.

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Many interest groups have used the federal courts to pursue their policy goals.

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Congress has created a single federal appellate court for each of the fifty states.

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The assignment of the opinion in a Supreme Court case is


A) unimportant because the final vote of the justices is the only statement that carries any weight in future cases.
B) important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation.
C) unimportant because all justices usually describe their decisions in exactly the same way.
D) important because every word of a decision is legally binding.
E) unimportant because they are rarely, if ever, read by anyone involved in the legal process.

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Judicial review over acts of Congress was established by Marbury v. Madison.

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What is the main function of the chief justice of the Supreme Court?


A) The chief justice decides what cases will be heard by the full Court each term.
B) The chief justice always writes the Court's majority opinions.
C) The chief justice presides over the Court's public sessions and private conferences.
D) The chief justice is also the constitutional adviser to the president.
E) The chief justice is the constitutional adviser to Congress.

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In what type of law is the government always the plaintiff?


A) public law
B) criminal law
C) civil law
D) common law
E) tort law

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In 2000, the Supreme Court ignored stare decisis by overturning its own Miranda rule.

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The size of the U.S. Supreme Court is set by


A) the U.S. Constitution.
B) Congress.
C) a national convention.
D) the American Bar Association.
E) the president.

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The increase of administrative agencies since the New Deal has resulted in a(n)


A) increased instance of Congress writing administrative rules.
B) delegation of power by Congress to administrative agencies.
C) strict nondelegation doctrine pronounced by the Supreme Court.
D) increase in states making administrative law.
E) increase in federal laws being challenged in the courts.

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In most circumstances, a supreme court is best described as a(n) ______ court.


A) uniform
B) trial
C) advisory
D) appellate
E) elected

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Why is the Supreme Court case of Marbury v. Madison important?


A) In this case, the Court declared the authority of Congress to regulate the economy of the United States.
B) In this case, the Court nationalized the Bill of Rights.
C) In this case, the Court authorized itself to exercise judicial review over laws passed by Congress.
D) In this case, the Court declared the secession of the Confederate states to be in violation of the Constitution.
E) In this case, the Court declared the segregation of schools based on race illegal.

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Write an essay analyzing the exercise of judicial review. What is judicial review, what are its origins, and why is it often so controversial? What is the significance of Marbury v. Madison? Give some examples of notable uses of judicial review in Supreme Court history.

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