question

Which recent Supreme Court nominee became the object of a notable Senate rejection?

answer

Robert Bork

question

In recent years, ________ Supreme Court nominees have been treated more roughly by the U.S. Senate.

answer

conservative

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The reason that the Senate has increasingly paid attention to who becomes a federal judge is

answer

the policymaking ability of courts.

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A primary weapon in the government's system of checks and balances is known as

answer

judicial review

question

Seventy years ago, judicial activists tended to be

answer

conservatives

question

Today, judge activists tend to be

answer

liberals

question

There have only been ______ chief justices of the United States Supreme Court.

answer

sixteen

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The current chief justice of the Supreme Court is

answer

John Roberts

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In Federalist No. 78, Alexander Hamilton described the judiciary as

answer

\"least dangerous\" to political rights.

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Between 1789 and the Civil War, the Supreme Court was primarily occupied with the issues of

answer

slavery and national supremacy

question

In McCulloch v. Maryland, the Supreme Court held that

answer

the federal government could pass any laws necessary and proper to the attainment of constitutional ends

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President ________ attacked the Supreme Court bitterly for its decisions.

answer

Jackson

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Andrew Jackson selected Roger B. Taney for the Supreme Court because Taney

answer

was an advocate of states rights

question

A crucial decision involving the protection of private property interpreted the Fourteenth Amendment's reference to \"person\" to also mean

answer

business firms

question

The text suggests judicial activism was born in the

answer

1880s

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From the Civil War to the 1930s, the Supreme Court was primarily occupied with

answer

economic regulation by government.

question

A key principle of the McCulloch decision was that the power granted by the Constitution to the federal government flows from

answer

the people

question

The principle that the Supreme Court used in overturning Fulton's monopoly on a New York steamboat operation was that

answer

state law cannot prevail over federal law

question

Marbury v. Madison had both legal and political significance. Which of the following rulings was of political significance?

answer

The Supreme Court will try to avoid direct confrontations with other branches of government

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The commission at issue in Marbury was the result of an attempt by _________ to pack the judiciary with loyal supporters.

answer

John Adams

question

The commission at issue in Marbury was supposed to be delivered by the secretary of state,

answer

James Madison

question

The Supreme Court's opinion in the Marbury case was supported by a ________ vote.

answer

unanimous

question

The amazing result of the Marbury decision was that

answer

the Court decided it had no power to decide the case.

question

In Ex Parte McCardle, the Supreme Court ruled that Congress had the power to

answer

change the court's appellate jurisdiction

question

If the Court were designed by Franklin Roosevelt's reorganization plan, it could have as many as ____ members.

answer

fifteen

question

Franklin Roosevelt's court-packing plan would have allowed him to name a new justice

answer

for every incumbent justice older than age seventy.

question

The Supreme Court's acceptance of New Deal principles probably avoided

answer

an assault on the Supreme Court by the other branches.

question

The Supreme Court entered its most active period with the arrival of Chief Justice

answer

Warren

question

What is the main criticism of Obamacare?

answer

requires everyone to purchase health care

question

Which of the following are mandated by the U.S. Constitution?

answer

The Supreme Court Only

question

Which of the following courts exercise the judicial powers found in Article III of the Constitution?

answer

constitutional courts

question

One basic difference between a constitutional court and a legislative court is that

answer

constitutional court judges can NOT be fired

question

There are 94 ___________ in the federal judiciary.

answer

district courts

question

there are 13___________in the federal judiciary

answer

courts of appeal

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___________ are established in the federal judiciary for some special purpose and are staffed by people who have fixed terms of office and can have their salaries reduced.

answer

legislative courts

question

Senatorial courtesy is an especially important consideration in nominations to

answer

district courts

question

It has been suggested that senators actually appoint district judges, and presidents confirm them, through the practice of

answer

senatorial courtesy

question

In recent years, the percentage of nominees to federal court who have been confirmed by the Senate

answer

has decreased significantly

question

The authors suggest the chief motive for using the litmus test involves a judicial nominee's views on

answer

abortion.

question

The \"gang of fourteen\" vowed to work together to avoid

answer

the filibuster of judicial nominees

question

In the twentieth century, the number of Supreme Court nominees rejected by the Senate was

answer

less than 10

question

The dual-court system of the United States refers to

answer

federal and state courts

question

A diversity case is one involving

answer

citizens of different states

question

If citizens of different states wish to sue each other, their case can be heard in either a state or a federal court if it involves more than

answer

$75,000.

question

Citizen X robs a state bank that is insured by the federal government. He can be prosecuted in

answer

a federal or a state court, or both

question

Certiorari is a Latin word meaning

answer

\"made more certain\"

question

In a typical year, the Supreme Court may consider over ______ petitions asking it to review decisions of lower or state courts.

answer

7,000

question

In a typical year, the Supreme Court rarely gives full review to more than about __________________ of the petitions that request review of the decisions of lower or state courts.

answer

100

question

What is the relationship between an appeal and certiorari?

answer

Only some appeals are granted certiorari.

question

One unintended consequence of the Supreme Court's heavy caseload is an increase in the influence wielded by

answer

law clerks

question

Which of the following observations about the Supreme Court's law clerks is incorrect?

answer

They are confirmed by the Senate

question

Two common ways for a plaintiff to lower the costs of an appeal are by filing and being heard as a pauper (in forma pauperis) and by

answer

finding an interest group to support the case.

question

An organization that has been influential in getting First Amendment cases appealed to the Supreme Court is the

answer

American Civil Liberties Union (ACLU).

question

Fee shifting is the practice of

answer

getting the loser to pay court costs

question

When a citizen sues and wins a suit against a government official for withholding a benefit to which that citizen is entitled, such a suit is called a

answer

Section 1983 suit

question

Courts do not issue _________ opinions.

answer

advisory

question

Under the doctrine of sovereign immunity, a citizen cannot

answer

sue the government without its consent

question

The Supreme Court ruled against a taxpayer who brought suit to force the CIA to

answer

make it's budget public

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Brown v. Board of Education is an example of a

answer

class-action suit

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The major reason class-action suits became more common after the 1960s was that

answer

they became financially attractive to lawyers

question

Beginning in 1974, the Supreme Court reacted to the implications of class-action suits by greatly

answer

tightening the rules governing class-action suits.

question

The youngest justice on the current U.S. Supreme Court is

answer

Elena Kagan

question

How many women in the Supreme Court?

answer

3

question

The most common background or professional experience among members of the current Supreme Court is experience as a

answer

federal judge

question

Republican presidents have appointed _____ of the current members of the Supreme Court.

answer

five

question

The text argues that getting into court depends most strongly on having

answer

standing and resources

question

The Supreme Court's term begins in the month of

answer

October

question

The function of the U.S. solicitor general is to

answer

approve every case the federal government presents to the Supreme Court

question

An interest group such as the ACLU or the NAACP is most likely to attempt to influence the Supreme Court by

answer

writing an amicus curiae brief.

question

A chief justice is able to exercise his/her influence most effectively by

answer

guiding the debate.

question

Which type of opinion is usually brief and unsigned?

answer

per curiam

question

As a result of two clear blocs of liberal and conservative justices, Justice ______ often casts a \"swing vote\" on the Supreme Court.

answer

Kennedy

question

The number of federal laws that the Supreme Court has declared unconstitutional is

answer

well in excess of one hundred.

question

One measure of the policymaking role of the Supreme Court is the frequency with which it

answer

departs from stare decisis

question

An important reason that federal courts follow precedent is that

answer

equal justice requires similar cases to be decided the same way.

question

When a federal judge orders the reorganization of a state prison system in a case brought by a single convict, the judge is issuing a

answer

policymaking remedy

question

The argument that courts are the last resort for the powerless is most likely to be used by those favoring

answer

judicial activism

question

Cases that come before the courts usually originate from

answer

contending interests

question

The fastest-growing portion of the federal courts' civil workload involves

answer

civil rights

question

Federal courts are frequently provided with opportunities to design remedies, in part, because Congress

answer

writes laws that require interpretation through litigation.

question

Each of the following is a measure of the power of the federal courts except

answer

the reluctance of these courts to deal with political questions.

question

A study of appellate court reviews of decisions made by regulatory agencies found that the agencies' position was supported by the courts

answer

approximately two-thirds as often as it was reversed.

question

One restraint under which the federal courts operate is that

answer

their decisions can sometimes be ignored.

question

The 1952 steel mill seizure case is an example of the of the courts ability to

answer

check a president

question

About ____ federal judges have been impeached in U.S. history.

answer

fifteen

question

The willingness of the Supreme Court to deal with congressional redistricting is an example of judicial

answer

power

question

Congressional desire to influence the Supreme Court during and after the Civil War may have been evident in

answer

changes in the size of the court

question

Which amendment was passed so a citizen could not sue a state in federal court?

answer

Eleventh Amendment

question

Congress has the power to decide the jurisdiction of lower federal courts. This means that

answer

Congress can decide what types of cases these courts hear.

question

Which of the following statements about the Dred Scott decision is correct?

answer

It infuriated public opinion and harmed the Supreme Court.

question

Historically, the Supreme Court has been especially activist when

answer

the political system was undergoing considerable change

question

Public confidence in the Supreme Court since 1976 has

answer

seesawed dramatically

question

judicial activist

answer

those who are relatively willing to invalidate acts of federal and state legislatures and executive branches

question

advocate of judicial restraint

answer

those who are more reluctant to use their judicial power to invalidate

question

writ of mandamus

answer

requires a government official to do something

question

original jurisdiction

answer

ability to hear a case first

question

appellate jurisdiction

answer

ability to hear a case second

question

most federal cases are heard at:

answer

district courts

question

most court cases are heard at

answer

state courts

question

the only cases heard in front of the Supreme court originally

answer

between two states, cases dealing wit ambassadors or ministers, or cases where the US is a party against another country (very rare)

question

dual sovereignty

answer

federal and state both have laws \"dual rulers\"

question

standing to sue

answer

you have to be a participant in the case, must be personally injured

question

precedent

answer

based on past court decisions

question

stare decisis

answer

let the decision stand

question

court case that overturns precedent

answer

Nixon v. US, executive privellige Plessy v. Ferguson, separate but equal Brown v. Board, overturns separate but equal, desegregation Roe v. Wade, sets precedent on abortion

question

criteria for selecting federal judges

answer

party affiliation, political ideology, race, gender, education, background, litmus test

question

litmus test

answer

politically charged questions

question

legislative check on judicial branch

answer

confirm judges, change court system, impeach and convict, rewrite a law, suggest amendments, determine jurisdiction of lower courts

question

presidential checks on judicial branch

answer

appointments, do not have to enforce the law (defense of marriage act) did not enforce it

question

public opinion checks on judicial branch

answer

interest groups, refuse to hear controversial cases, public media, hear cases to overturn precedent, public does not accept an outcome, or ignores it

question

political question

answer

Congress and president should settle political questions

question

judicial question

answer

does this jive with the constitution?

question

amicus curae

answer

interest groups write them, everything submitted must be read

question

what does chief justice do?

answer

hes in charge of all federal courts

question

writ of cert

answer

certiori, an application that explains reasons why your case should be heard \"made more certain\" how 98% of cases reach the supreme court

question

3 ways a case makes it to supreme court

answer

writ of cert, orig. jurisdiction, certificate (the lower courts do not know how to rule)

question

senatorial courtesy

answer

president asks senior senator of state to nominate someone

question

majority opinion

answer

position of the court pf certain case, ruling of the court

question

dissenting opinion

answer

disagreeing with majority opinion

question

concurring opinion

answer

you agree with majority opinion for a different reason

question

Article III

answer

establishes Supreme Court, your salary can not be lowered,

question

strict constructionist

answer

someone who has a very narrow view of the constitution (schilea) sometimes called intent

question

judicial activism

answer

the courts should be involved in decisions and policymaking and overturning practice

question

judicial restraint

answer

court should NOT get involved

question

U.S. Solicitor General

answer

lawyer for the United States

question

law reviews

answer

collection of articles written by university students and professors talking about different aspects of the law (helpful in deciding court cases)

question

McCulloch v. Maryland

answer

state gov can not tax federal government, reaffirmed necessary and proper clause, created the national bank

question

Enforcement of court decisions

answer

relies on executive branch and congress

question

Federalist 78

answer

written by Alexander Hamilton, says that judicial branch is the least dangerous branch

question

who makes up Supreme court

answer

3 females, 5 conservatives, 4 liberals, one swing

question

sovereign immunity

answer

can't sue the government without government consent

question

Earl Warren

answer

expanded judicial liberty and rights, rights of people expanded

question

William Rehnquist

answer

conservative, many decisions got narrowed

question

class-action lawsuit

answer

group of people sue for the same reason under one name

question

John Marshall

answer

chief justice, established judicial review in Marburry v. Madison, very influential

question

Section 1983

answer

shift fees from individuals to the government

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