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When judges interject their own values into
their interpretation of cases, what are they practicing?
A. stare decisis
B. judicial restraint
C. judicial activism
D. conservatism
E. liberalism
C. judicial activism (this multiple choice question has been scrambled)
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What do we call the power to declare acts of
Congress invalid?
A. judicial review
B. adjudication
C. judicial restraint
D. original jurisdiction
E. judicial activism
A. judicial review (this multiple choice question has been scrambled)
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Why was Alexander Hamilton in favor of judicial
review?
A. Justices needed to check the power of totalitarianism.
B. Justices needed to check the power of the executive.
C. Justices needed to check the power of legislative oppression.
D. Justices needed freedom to make their own laws.
E. Justices needed to check the power of the electorate.
C. Justices needed to check the power of legislative oppression. (this multiple choice question has been scrambled)
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What system ensured that federal judges could be
independent of popular influences?
A. federal qualifications
B. lifetime appointments
C. none of these
D. salary
E. nomination or appointment process
B. lifetime appointments (this multiple choice question has been scrambled)
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Which level of the federal courts system hears no
cases of original jurisdiction?
A. federal tax court
B. federal appellate courts
C. U.S. Supreme Court
D. federal district courts
e. None of the above; all hear cases of original jurisdiction.
B. federal appellate courts (this multiple choice question has been scrambled)
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Which of the following terms is used to describe
a judicial ruling that serves as the basis for the ruling in a subsequent case?
a. stare decisis
b. nolo contendre
c. precedent
d. argument
e. concurrence
c. precedent
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What do we call a court case stemming from a dispute
over an accident, contract, or divorce?
A. civil case
B. criminal case
C. plea bargaining
D. crime
E. stare decisis
A. civil case (this multiple choice question has been scrambled)
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What is the term for the bias in favor of
precedents or existing decisions?
A. rule of four
B. tort
C. judicial review
D. stare decisis
E. amicus curiae
D. stare decisis (this multiple choice question has been scrambled)
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Approximately how many new civil and criminal
cases did our federal district courts get in 2006?
A. 125,000 or less
B. 325,000 or so
C. 225,000 or so
D. 425,000 or so
E. over 500,000
B. 325,000 or so (this multiple choice question has been scrambled)
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On what basis are appeals made?
A. new evidence from trial court
B. rulings and procedure of trial court
C. guilt or innocence at trial court
D. plea bargain
E. stare decisis of original trial
B. rulings and procedure of trial court (this multiple choice question has been scrambled)
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Which of the following is true about the chief
justice?
A. votes first in conference
B. speaks last in conference
C. writes all opinions issued by the court
D. assigns all opinions
E. assigns opinions when voting with the majority
E. assigns opinions when voting with the majority (this multiple choice question has been scrambled)
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Bush v. Gore demonstrated that
conservative judges may practice
A. the rule of four.
B. stare decisis.
C. judicial activism.
D. amicus curiae.
E. judicial restraint.
C. judicial activism. (this multiple choice question has been scrambled)
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What tactics do justices use to mold their
colleagues’ views?
a. racism
b bribery
c. assault
d. swearing
e. none of the above
e. none of the above
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In what two types of cases can the Supreme Court
hold original jurisdiction?
a. cases in which a state is a party and those involving
ambassadors
b. cases involving ambassadors and elected officials
c. cases of civil liberties and civil rights
d. cases in which a state is a party and those involving elected officials
e. none of the above
- a. cases in which a state is a party and those involving
- ambassadors
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Which of the following are needed to win a seat
on the federal bench?
A. presidential nomination and approval by Congress
B. presidential nomination and approval by the Senate
C. presidential nomination and approval by the House
D. open election and approval by Congress
e. none of the above
B. presidential nomination and approval by the Senate (this multiple choice question has been scrambled)
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Approximately how many laws have been declared
unconstitutional by the U.S. Supreme Court?
A. about 75
B. 150 or more
C. about 100
D. about 125
E. less than 50
B. 150 or more (this multiple choice question has been scrambled)
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What term do we use to describe the petitions
sent to the Supreme Court for their consideration?
A. stare decisis petition
B. petition of certiorari
C. plea bargaining petition
D. writ of amicus curiae
E. petition of habeus corpus
C. plea bargaining petition (this multiple choice question has been scrambled)
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What official has the vital role of representing
the U.S. government before the Supreme Court?
A. Speaker of the House
B. president pro tempore of the Senate
C. solicitor general
D. chief White House counsel
E. attorney general
C. solicitor general (this multiple choice question has been scrambled)
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Which of the following must be true in order for
a state case to come before the Supreme Court?
a. Appeals in the state court system must be
exhausted.
b. It must raise a legal question.
c. It must receive approval from the president.
d. All of the above.
e. None of the above.
- a. Appeals in the state court system must be
- exhausted.
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Who determines the docket of the U.S. Supreme
Court?
A. Supreme Court
B. chief justice of the Supreme Court
C. solicitor general
D. Congress
E. president
A. Supreme Court (this multiple choice question has been scrambled)
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What is the current salary of an associate Supreme Court justice?
A. $203,000
B. $229,000
C. $241,000
D. over $250,000
E. $175,000
C. $241,000 (this multiple choice question has been scrambled)
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What is the term used for the disagreement with
a majority decision by a justice?
a. dissent
b. concurrence
c. ex post facto
d. stare decisis
e. nolo contendre
a. dissent
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With major law firms offering $1 million or more
to equity partners, why would anyone want to become a federal judge?
A. better retirement package
B. perks that go with the federal job
C. looks good on the resume
D. power and prestige of the office
e. none of the above
D. power and prestige of the office (this multiple choice question has been scrambled)
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What political term is used to describe a norm
under which a nomination must be acceptable to the home state senator from the president’s party?
A. senatorial courtesy
B. stare decisis
C. nolo contendre
D. judicial activism
E. judicial restraint
A. senatorial courtesy (this multiple choice question has been scrambled)
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Which legal entity had the ability to prescreen
judicial candidates in the past and still rates them today after their nomination?
A. American Civil Liberties Union
B. League of Women Voters
C. Federal Bar Committee
D. American Bar Association
E. Independent Judges Union
D. American Bar Association (this multiple choice question has been scrambled)
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amicus curiae brief
a brief filed by an individual or group that is not a party to legal action but has an interest in in
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appellate jurisdiction
authority of a court to hear cases that have already been examined in other courts
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civil case
case involving a private dispute
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class action
procedure by which similar litigants may be heard in a single lawsuit
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common (judge-made) law
legal precedents derived from previous judicial decision
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concurrence
agreement of a judge w/ court's majority decision for a reason OTHER than majority reason
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criminal case
case involving a crime
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dissent
disagreement of a judge w/ a majority decision
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federal question
issue covered by Constitution, national laws, or treaties
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judicial activism
philosophy where judges interperet existing laws loosely & include their own values in court decisions
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judicial restraint
philosophy where judges follow closely to statutes & precedents
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judicial review
power to declare congressional & presidential acts invalid because it violates the Constitution
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original jurisdiction
authority of a court to hear a case first
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plea bargain
defendant's admission of guilt in exchange for a less severe punishment
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precedent
judicial ruling that serves as the basis for a ruling in a subsequent case
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rule of four
unwritten rule that requires 4 justices to agree that a case warrents consideration before it is reviewed by U.S. Supreme Court
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senatorial courtesy
practice where Senate doesn't confirm for a lower federal court judgeship a nominee who is opposed by the senior senator in the president's party in the nominee's state
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solicitor general
- 3rd highest ranking official in U.S. Department of Justice
- represents nat. gov. before supreme court
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stare decisis
- "let the decision stand"
- decision making according to precedent
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U.S. Court of Appeals
- w/i 2nd tier of federal court system
- decisions may be appealed for review
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U.S. District Court
- court w/i lower tier
- where litigation begins
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A criminal case involves
A) a federal matter
B) a violation of public order
C) someone who has previously been convicted of a crime
D) a defendant's admission of guilt
E) a private dispute
B) a violation of public order (this multiple choice question has been scrambled)
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Most cases enter the S.C. through
its appellate jurisdiction
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The individual who represents the nat. gov. before the S.C. holds the position of
A) Secretary of Justice
B) solicitor general
C) attorney general
D) attorney-in-general
E) Supreme Court attorney
B) solicitor general (this multiple choice question has been scrambled)
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