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This document contains questions and answers on aspects of American Government, including judicial review, constitutional law, and the relationship between Congress and the President.
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Question 1 1 / 1 pts Which of the following is a way Congress can influence the federal judiciary? It can prohibit judicial activism It can change appellate jurisdiction of federal courts It can filibuster decisions made by courts It can review federal judges for reappointment every ten ye...
Question 1 1 / 1 pts Which of the following is a way Congress can influence the federal judiciary? It can prohibit judicial activism It can change appellate jurisdiction of federal courts It can filibuster decisions made by courts It can review federal judges for reappointment every ten years Question 2 1 / 1 pts 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 diversity amicus curiae certiorari stare decisis Question 3 1 / 1 pts In which of the following circumstances would the rule of four be applied? Four states request a writ of certiorari Four justices agree to a cloture motion At least four justices on the Supreme Court agree that a case should be put on the Court’s docket Congress adjourns its session within four days of submitting a bill to the president, and the president does not act Question 4 1 / 1 pts Which of the following is an accurate comparison of the philosophies of judicial activism and judicial restraint? Judicial Activism Judicial Restraint A Supreme Court overturns stare Supreme Court upholds precedent decisis B Supreme Court accepts limited Supreme Court hears more than 200 number cases for certiorari cases for oral arguments C Supreme Court allows amicus curie Supreme Court limits amicus briefs briefs D Supreme Court allows live TV Supreme Court allows taping of oral coverage of oral arguments arguments C D A B Question 5 1 / 1 pts A nonlitigant group or individual that wants to attempt to influence the court in a particular case can file a writ of error Coram Nobis an amicus curiae brief a writ of certiorari a writ of mandamus Question 6 1 / 1 pts Which of the following did the Supreme Court establish in Marbury v Madison? Any president who commits high crimes &misdemeanors can be impeached the Supreme Court can declare federal legislation invalid if the legislation violates the Constitution Each state has the right to set up & run its own court system All powers not explicitly given by the Constitution to Congress belong to the states Question 7 1 / 1 pts Which of the following is an example of checks and balances, as established by the Constitution? The requirement that presidential appointments to the Supreme Court be approved by the Senate A requirement that states lower their legal drinking age to eighteen as a condition of receiving funds through federal highway grant programs Media criticism of public officials during an election campaign period The Supreme Court's ability to overturn a lower court decision Question 8 1 / 1 pts An originalist justice on the Supreme Court would take what considerations of a case regarding the commerce power of Congress? the Constitution & the original words within, but how those words translate to modern times the original words/intent of the Constitution as well as other historical sources only the original words & intent in the Constitution & no other considerations consideration of existing precedent & current judicial interpretation Question 9 1 / 1 pts Which of the following best defines the term "judicial activism"? The unwillingness of judges to remove themselves from cases in which they have a personal interest The tendency of judges to interpret the Constitution according to more modernist interpretations of the role of government & liberties of citizens The attempts by judges to influence election outcomes The efforts of judges to lobby Congress for funds Question 10 1 / 1 pts The Supreme Court’s most important function with regard to the lower courts is correcting technical mistakes they make aiding in the impeachment process reviewing trial court decisions establishing legal precedents for later courts Question 11 1 / 1 pts Which of the following best describes the relationship between the Supreme Court and public opinion? Public opinion has no bearing on the effective implementation of the Court's decisions Court prestige is so high that its decisions become public consensus 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 The Court assesses public opinion on a controversial issue and then tries to follow it Question 12 1 / 1 pts A justiciable dispute is defined as a dispute growing out of an actual case or controversy that is capable of settlement by legal methods the power of a court to refuse to enforce a law the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter the authority of a court to review decisions made by lower courts Question 13 1 / 1 pts A precedent is the third-ranking official in the Department of Justice who is responsible for representing the United states in cases before the U.S. Supreme Court a court with appellate jurisdiction that hears appeals from the decisions of lower courts an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys 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 Question 14 1 / 1 pts The three levels of the federal court system are 50 district courts, 95 circuit courts of appeal, 2 Supreme Courts district courts, circuit courts of appeal, and the Supreme Court district courts, state supreme courts, the U.S. Supreme Court county courts, state courts, federal courts including the Supreme Court Question 15 1 / 1 pts A writ of certiorari is literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case 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 petition that allows a party to file “as a pauper” and avoid paying Court fees a formal order used to bring a case before the Supreme Court Question 16 1 / 1 pts 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. Every person who stands before the court must have standing to sue The federal judiciary is passive and reactive The federal judiciary is an adversary system The federal judiciary has sufficient means for enforcing its decisions Question 17 1 / 1 pts Original jurisdiction is defined as the authority of a court to hear a case “in the first instance.” the authority of a court to review decisions made by lower courts the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter a dispute growing out of an actual case or controversy that is capable of settlement by legal methods Question 18 1 / 1 pts All judicial nominations are referred to the ____________ for a hearing and committee vote. Office of Personnel Management Senate Nominations Committee Senate Judiciary Committee House Nominations Committee Question 19 1 / 1 pts Stare decisis refers to literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case a formal writ used to bring a case before the Supreme Court a petition that allows a party to file “as a pauper” and avoid paying Court fees 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 Incorrect Question 20 0 / 1 pts A writ of habeas corpus is a court order requiring explanation to a judge why a prisoner is being held in custody. A hint for you... it's this one. You're welcome. a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys a court with appellate jurisdiction that hears appeals from the decisions of lower courts Question 21 1 / 1 pts 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 a priori resistance striking activism judicial restraint judicial activism Question 22 1 / 1 pts A concurring opinion is the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work an opinion disagreeing with the majority in a Supreme Court ruling an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning the list of potential cases that reach the Supreme Court through the Rule of Four Question 23 1 / 1 pts Which description best fits the legislative (special) courts? clearinghouses for cases being appealed to the Supreme Court courts created to take some workload from the district courts when minor constitutional questions arise specialized courts dealing with certain government powers broad focus courts that deal with a variety of legal issues stemming from legislation Question 24 1 / 1 pts Congress’ most direct influence on the types of cases heard in the lower federal courts can be best seen in its power over jurisdiction of the Supreme Court the court system’s budget jurisdiction of the lower courts the confirmation of judges Question 25 1 / 1 pts Which of the following statements best describes the Supreme Court's actions with respect to disputes between Congress and the President? The Court has refused to allow Congress to subpoena officials from the executive branch The Court has supported congressional limits on the President's powers as commander-in chief The Court generally has tried to avoid deciding conflicts between Congress and the President The Court has steadily favored the expansion of presidential power at the expense of Congress Question 26 1 / 1 pts 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? review of the constitutionality of the Violence Against Women's Act A review by the Supreme Court over a dispute between New York and New Jersey dealing with property rights related to Ellis Island A review of a federal law mandating affirmative action in industries that have contracts with the government A review of President Trump's executive order banning immigrants from certain predominantly Muslim countries Question 27 1 / 1 pts Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. --Alexander Hamilton- Federalist 78 Which of the following best represents the point of view in Federalist No. 78? The judiciary would have some of the same power as the executive branch An independent but comparatively weak judiciary is essential for the Constitution to succeed The judicial branch of government would be the strongest branch of government An independent judiciary would be counter to the principle of separation of powers Question 28 1 / 1 pts Which of the following constitutional provisions is reflected in Hamilton’s argument that the judiciary exercises “merely judgement?” presidential power to nominate in Article II specifying the court's jurisdiction in Article III the right to an attorney in the 6th Amendment Senate power in Article I to confirm justices Question 29 1 / 1 pts Based on the constitutional provisions found in Article Ill, which of the statements would Hamilton agree with? Judges can be removed if Congress disagrees with decisions made by the Court The Court’s authority can be overruled by the president protection of the courts from political influences should be guaranteed in the Constitution Justices must have a law degree as a requirement for appointment Question 30 1 / 1 pts What is an accurate comparison between the Executive Branch and Judicial Branch powers? Executive Branch Judicial Branch A Veto Rule on Constitutional amendments B Oversight Chief Justice presides in presidential impeachment trial C Declare war Original jurisdiction D Inherent powers Judicial review A C D B