US Judiciary System Quiz

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Questions and Answers

Which of the following is a way Congress can influence the federal judiciary?

  • It can change appellate jurisdiction of federal courts (correct)
  • It can filibuster decisions made by courts
  • It can prohibit judicial activism
  • It can review federal judges for reappointment every ten years

In the United States judicial system, when a judge decides a case based on decisions rendered in similar cases in the past, the judge is following the principle of

  • stare decisis (correct)
  • amicus curiae
  • certiorari
  • diversity

In which of the following circumstances would the rule of four be applied?

  • Congress adjourns its session within four days of submitting a bill to the president, and the president does not act
  • Four states request a writ of certiorari
  • At least four justices on the Supreme Court agree that a case should be put on the Court's docket (correct)
  • Four justices agree to a cloture motion

Which of the following is an accurate comparison of the philosophies of judicial activism and judicial restraint?

<p>Supreme Court overturns stare decisis Supreme Court upholds precedent (B)</p> Signup and view all the answers

A nonlitigant group or individual that wants to attempt to influence the court in a particular case can file

<p>an amicus curiae brief (C)</p> Signup and view all the answers

Which of the following did the Supreme Court establish in Marbury v Madison?

<p>the Supreme Court can declare federal legislation invalid if the legislation violates the Constitution (A)</p> Signup and view all the answers

Which of the following is an example of checks and balances, as established by the Constitution?

<p>The requirement that presidential appointments to the Supreme Court be approved by the Senate (C)</p> Signup and view all the answers

An originalist justice on the Supreme Court would take what considerations of a case regarding the commerce power of Congress?

<p>the original words/intent of the Constitution as well as other historical sources (C)</p> Signup and view all the answers

Which of the following best defines the term "judicial activism"?

<p>The tendency of judges to interpret the Constitution according to more modernist interpretations of the role of government &amp; liberties of citizens (C)</p> Signup and view all the answers

The Supreme Court's most important function with regard to the lower courts is

<p>establishing legal precedents for later courts (D)</p> Signup and view all the answers

Which of the following best describes the relationship between the Supreme Court and public opinion?

<p>The existence of a public consensus on an issue can serve to limit the extent to which the Court will render decision contrary to that consensus (C)</p> Signup and view all the answers

A justiciable dispute is defined as

<p>a dispute growing out of an actual case or controversy that is capable of settlement by legal methods (C)</p> Signup and view all the answers

A precedent is

<p>a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding in all other federal courts (C)</p> Signup and view all the answers

The three levels of the federal court system are

<p>district courts, circuit courts of appeal, and the Supreme Court (B)</p> Signup and view all the answers

A writ of certiorari is

<p>a formal order used to bring a case before the Supreme Court (A)</p> Signup and view all the answers

There are five characteristics that distinguish the federal judiciary from Congress, the presidency, and the administrative system. Please indicate which of the following is NOT a characteristic of the federal judiciary.

<p>The federal judiciary has sufficient means for enforcing its decisions (D)</p> Signup and view all the answers

Original jurisdiction is defined as

<p>the authority of a court to hear a case &quot;in the first instance.&quot; (D)</p> Signup and view all the answers

All judicial nominations are referred to the ______ for a hearing and committee vote.

<p>Senate Judiciary Committee</p> Signup and view all the answers

Stare decisis refers to

<p>the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented (A)</p> Signup and view all the answers

A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution is known as

<p>judicial restraint (D)</p> Signup and view all the answers

A concurring opinion is

<p>an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning (A)</p> Signup and view all the answers

Which description best fits the legislative (special) courts?

<p>specialized courts dealing with certain government powers (D)</p> Signup and view all the answers

Congress' most direct influence on the types of cases heard in the lower federal courts can be best seen in its power over

<p>jurisdiction of the lower courts (B)</p> Signup and view all the answers

Which of the following statements best describes the Supreme Court's actions with respect to disputes between Congress and the President?

<p>The Court generally has tried to avoid deciding conflicts between Congress and the President (A)</p> Signup and view all the answers

The landmark case Marbury v Madison (1803) established the principle of judicial review after the Supreme Court ruled a congressional law unconstitutional as a result of the fact that the case was brought directly to the court. Which of the following situations represents the best example of a case dealing with original jurisdiction?

<p>A review by the Supreme Court over a dispute between New York and New Jersey dealing with property rights related to Ellis Island (A)</p> Signup and view all the answers

Which of the following best represents the point of view in Federalist No. 78?

<p>An independent but comparatively weak judiciary is essential for the Constitution to succeed (B)</p> Signup and view all the answers

Which of the following constitutional provisions is reflected in Hamilton's argument that the judiciary exercises "merely judgement?"

<p>specifying the court's jurisdiction in Article III (D)</p> Signup and view all the answers

Based on the constitutional provisions found in Article III, which of the statements would Hamilton agree with?

<p>protection of the courts from political influences should be guaranteed in the Constitution (D)</p> Signup and view all the answers

What is an accurate comparison between the Executive Branch and Judicial Branch powers?

<p>Inherent powers Judicial review (D)</p> Signup and view all the answers

Flashcards

Stare Decisis

The principle that judges should base their decisions on precedents set by previous rulings in similar cases.

Judicial Review

The power of the Supreme Court to declare laws or actions of the government unconstitutional.

Case Law

The body of law that stems from judicial decisions in cases.

Amicus Curiae Brief

A brief filed by a non-litigant group or individual to influence the court's decision in a case.

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Writ of Certiorari

A petition to the Supreme Court requesting that it review a case.

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Rule of Four

The rule that at least four Supreme Court justices must agree to hear a case.

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Judicial Restraint

A legal philosophy where judges should be reluctant to overturn decisions made by elected officials unless there is a clear violation of the Constitution.

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Judicial Activism

A legal philosophy where judges should actively use their power to interpret the Constitution to address social problems.

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Majority Opinion

A written explanation of the majority's decision in a Supreme Court case.

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Concurring Opinion

A written explanation by a justice who agrees with the majority decision but for different reasons.

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Dissenting Opinion

A written explanation by a justice who disagrees with the majority decision.

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Original Jurisdiction

The power of the judiciary to hear a case for the first time.

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Appellate Jurisdiction

The power of the judiciary to review decisions made by lower courts.

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Standing to Sue

The legal requirement that a person must have a personal stake in a case to sue.

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Passive and Reactive Judiciary

The principle that the federal judiciary is a passive branch of government that can only act when cases are brought before it.

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Adversary System

The system where opposing parties present their arguments and evidence in court.

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Enforcement Power

The power of the judiciary to enforce its decisions.

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Statutory Law

The body of law created by Congress through legislation.

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Congressional Power to Establish Lower Courts

The power of Congress to create lower federal courts.

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Senate Confirmation Power

The ability of the Senate to confirm or reject presidential appointments to the judiciary.

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Writ of Habeas Corpus

A written order from a court demanding that someone explain why they are holding another person in custody.

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Originalism

A legal doctrine that emphasizes the literal meaning of the Constitution.

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Checks and Balances

The system of checks and balances where each branch of government has the power to limit the power of the other branches.

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Commerce Clause

The power of the federal government to regulate commerce between states.

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Legislative Courts

Specialized federal courts established by Congress to deal with specific legal issues.

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Justiciable Dispute

A dispute that is capable of being decided by a court.

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Appellate Courts

Courts that hear appeals from lower courts.

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Study Notes

Question 1

  • Congress can influence the federal judiciary by changing appellate jurisdiction of federal courts.

Question 2

  • In the US judicial system, when a judge bases a decision on past similar cases, they're following the principle of stare decisis.

Question 3

  • The rule of four is applied when at least four justices on the Supreme Court agree a case should be placed on its docket.

Question 4

  • Judicial activism involves judges actively interpreting the Constitution based on contemporary values. Conversely, judicial restraint limits judicial interpretation to the Constitution's original intent.

Question 5

  • A non-party stakeholder can influence a case by submitting an amicus curiae brief.

Question 6

  • The Supreme Court established in Marbury v. Madison that it can declare federal laws unconstitutional.

Question 7

  • An example of checks and balances is the requirement for Senate approval of presidential Supreme Court appointments.

Question 8

  • An originalist justice would consider the historical context and original intent of the Constitution when assessing the commerce power of Congress.

Question 9

  • Judicial activism is characterized by judges interpreting the Constitution based on modern values and societal needs, not just its original intent.

Question 10

  • The Supreme Court's most important role regarding lower courts is establishing precedents for future rulings.

Question 11

  • Court prestige and public consensus can affect the implementation of Supreme Court decisions. Public opinion might limit the extent to which the Court will make decisions that differ from public consensus about an issue.

Question 12

  • A justiciable dispute is a case or controversy that can be settled through legal means.

Question 13

  • A precedent is a court decision that establishes a rule or principle of law that other courts must follow in similar cases. A precedent is a prior court decision that can be used as a guide when deciding future cases.

Question 14

  • The three levels of the federal court system are district courts, circuit courts of appeal, and the Supreme Court.

Question 15

  • A writ of certiorari is a formal request by the Supreme Court to review a lower court decision.

Question 16

  • The federal judiciary is an adversary system, not passive and reactive.

Question 17

  • Original jurisdiction is the power of a court to hear a case for the first time.

Question 18

  • All judicial nominations are referred to the Senate Judiciary Committee for a hearing and committee vote.

Question 19

  • Stare decisis is the principle that courts should follow precedents established in prior decisions. A brief filed by a non-party is referred to as a "friend of the court brief" or "amicus curiae brief"

Question 20

  • A writ of habeas corpus is a court order requiring explanation for a prisoner's detention.

Question 21

  • Judicial restraint is a philosophy where judges should limit their interpretation to the original wording and intent of the Constitution.

Question 22

  • No specific answer provided in this question. (Requires additional context).

Question 23

  • Specialized courts deal with unique legal issues arising from legislation.

Question 24

  • Congress's most direct influence on lower federal court cases is through the jurisdiction of those lower courts.

Question 25

  • The Supreme Court has supported congressional limitations on presidential powers, such as those regarding the commander-in-chief.

Question 26

  • Marbury v. Madison is a case dealing with original jurisdiction since the dispute was brought directly to the Supreme Court.

Question 27

  • No specific answer provided in this question. (Requires additional context).

Question 28

  • The judiciary is the least dangerous branch of government because it lacks the power of the sword or the purse.

Question 29

  • Hamilton would support the idea that the Court's authority is independent of Congress or the President.

Question 30

  • A comparison of executive and judicial powers is not provided in the table, thus there is not a correct answer.

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