Question 1

The authors have identified current (and recurring) debates over the role of the court. Provide an understanding of at least two of the debates, including your own opinion on the issues. Be sure to provide support for your viewpoint.

Accepted Answer

One of the debates over the role of the ...

Question 2

Which of the following would not be an example of judicial activism?​

Accepted Answer

A)   ​the court striking down several New Deal statutes in the 1930's
B)   ​the court invalidating laws that banned the use of contraceptive devices (1965)  and laws outlawing abortion (1973) 
C)   ​the court upholding the Affordable Care Act (2012) 
D)   ​the court striking down a federal law that banned corporate spending for electioneering (2010) 
E)   ​all of the above are examples of judicial activismF) C) and D)
G) D) and E) C

Question 3

What is the pretrial stage that occurs when the judge finds no reason to dismiss a case and the case then moves forward toward trial?

Accepted Answer

A)   ​complaint
B)   ​indictment
C)   ​litigation
D)   ​moot court
E)   ​discoveryF) D) and E)
G) None of the above

Question 4

The selection process for Supreme Court justices includes​ ________________________________.

Accepted Answer

A)   ​presidential appointment and senate confirmation
B)   ​House appointment and senate confirmation
C)   ​congressional appointment and presidential confirmation
D)   ​direct popular vote
E)   ​vote by state legislaturesF) A) and C)
G) B) and E)

Question 5

Which of the following would not be a circumstance in which a case would originate in the federal courts?

Accepted Answer

A)   The lawsuit requires interpretation of the U.S. Constitution.
B)   The lawsuit or action requires application or interpretation of federal law or treaty.
C)   The federal government is suing or prosecuting someone or is itself being sued.
D)   The lawsuit is between two citizens of different states.
E)   The lawsuit or case involves a violation of a state's civil process.F) None of the above
G) B) and E)

Question 6

__________is the term used for the laws and rules that address disputes in which the government is acting in its official capacity upon individuals.

Accepted Answer

A)   Private law
B)   Case law
C)   Administrative law
D)   Public law
E)   Martial lawF) B) and C)
G) A) and D)

Question 7

Approximately __________ of convictions in the federal judicial system are the direct result of a negotiated plea bargain.

Accepted Answer

A)   less than 10 percent
B)   25 percent
C)   40 percent
D)   75 percent
E)   90 percentF) C) and E)
G) B) and E)

Question 8

In Federalist No. 78, Hamilton described the judicial branch of the federal government as the "least dangerous" branch. Describe the ways in which the judicial branch is limited and more circumscribed than the other two branches of government.

Accepted Answer

Hamilton's description of the judicial b...

Question 9

A type of trial in which a judge, working on behalf of the government, is responsible for gathering information relevant to the disposition of a case, is referred to as ___________________.

Accepted Answer

A)   a settlement conference
B)   a civil trial
C)   judge-made law
D)   an inquisitorial trial
E)   a bench trialF) B) and E)
G) A) and D)

Question 10

The "Rule of Four" is ____________________.

Accepted Answer

A)   an early Sherlock Holmes story
B)   the minimum number of points that must be raised in a Supreme Court appellate brief
C)   the minimum number of cases that must be cited for stare decisis
D)   the minimum number of justices that must vote in favor of an appeal for a writ of certiorari to issue
E)   the minimum number of justices that can sit to hear an appealF) None of the above
G) A) and B)

Question 11

A dissenting opinion is written for which of the following reasons?​

Accepted Answer

A)   ​to formally appeal the decision to a higher authority
B)   ​to express approval of the result, but not the reasons offered, in the majority opinion
C)   ​to issue a writ of certiorari for a case
D)   ​to communicate disagreement with the result reached by the majority of the court
E)   ​to establish precedent for the current caseF) C) and D)
G) A) and E)

Question 12

The U.S. Constitution declares that the constitution is supreme law. The reality of this pronouncement can be quite complicated; but in theory, what impact does this have on state-level courts?

Accepted Answer

A)   The federal courts have full authority over the state criminal and civil laws as well as the state courts.
B)   All decisions by the state courts must be reviewed by the federal courts.
C)   This is actually a common law statement from the 1700s that now has no meaning.
D)   State courts must comply with pronouncements from the U.S. Supreme Court over the meaning of the constitution and Bill of Rights.
E)   All state courts are subordinate to the federal court system and Congress.F) D) and E)
G) C) and D) D

Question 13

Jurists and scholars that believe changes in circumstances are irrelevant, and that the constitution is limited in scope to what the framers envisioned, support a doctrine referred to as​ ______________________.

Accepted Answer

A)   ​living constitutionalism
B)   ​activism
C)   ​originalism
D)   ​broad constructionism
E)   ​territorialismF) B) and D)
G) A) and E)

Question 14

What was the importance of the U.S. Supreme Court ruling in Marbury v. Madison (1803) ?

Accepted Answer

A)   It established voting rights for women and freed slaves.
B)   It overruled the constitution by allowing state governments to enact laws that contradict the constitution.
C)   It established the power of the Supreme Court to rule acts of Congress as unconstitutional.
D)   It ruled that Congress was subordinate to the judicial branch.
E)   It established that the judicial branch could preapprove actions by the executive branch.F) B) and E)
G) B) and C)

Question 15

How many justices does the U.S. Constitution require for the Supreme Court?

Accepted Answer

A)   three
B)   six
C)   nine
D)   twelve
E)   the constitution does not determine a number, but leaves this to the discretion of CongressF) A) and B)
G) C) and D)

Question 16

Which of the following is a system of justice used in the American legal system in which opposing parties contend against each other for a result favorable to themselves, while judges act as independent referees overseeing the contest?

Accepted Answer

A)   adversarial system
B)   inquisitorial system
C)   civil system
D)   criminal system
E)   appellate systemF) A) and B)
G) A) and C)

Question 17

The document filed by an outside party with an interest in the litigation is a(n)  _____________________.

Accepted Answer

A)   writ of certiorari
B)   jurisprudence
C)   amicus curiae
D)   dicta
E)   stare decisisF) A) and D)
G) C) and D)

Question 18

If a justice agrees with the end result reached by the majority of the court, but disagrees with the reasons offered in the main written opinion, he or she may write a ________________.

Accepted Answer

A)   ​majority opinion
B)   ​concurring opinion
C)   ​dissenting opinion
D)   Writ of certiorari
E)   ​amicus curiae briefF) C) and D)
G) C) and E) B

Question 19

Which of the following may factor into whether justices vote in favor of hearing a case?​

Accepted Answer

A)   ​consistency in the lower courts on the issue
B)   ​if the federal government has intervened in the case
C)   ​in order to transform a precedent
D)   ​the importance of the case
E)   ​all of these choices may factor into the justices' decisionsF) A) and E)
G) C) and E)

Question 20

The Supreme Court uses a significant power to declare acts of the other two branches of government, and of state governments, as unconstitutional and thus invalid. This power is referred to as ______________.

Accepted Answer

A)   appellate review
B)   judicial veto
C)   judicial review
D)   veto override
E)   ratificationF) B) and E)
G) B) and C)

Exam 9: The Judiciary

The authors have identified current (and recurring) debates over the role of the court. Provide an understanding of at least two of the debates, including your own opinion on the issues. Be sure to provide support for your viewpoint.

Correct AnswerAnswered by ExamLex AIOne of the debates over the role of the ...View AnswerShow Answer

Which of the following would not be an example of judicial activism?​

Correct AnswerverifiedC

What is the pretrial stage that occurs when the judge finds no reason to dismiss a case and the case then moves forward toward trial?

Correct AnswerverifiedShow Answer

The selection process for Supreme Court justices includes​ ________________________________.

Correct AnswerverifiedShow Answer

Which of the following would not be a circumstance in which a case would originate in the federal courts?

Correct AnswerverifiedShow Answer

__________is the term used for the laws and rules that address disputes in which the government is acting in its official capacity upon individuals.

Correct AnswerverifiedShow Answer

Approximately __________ of convictions in the federal judicial system are the direct result of a negotiated plea bargain.

Correct AnswerverifiedShow Answer

In Federalist No. 78, Hamilton described the judicial branch of the federal government as the "least dangerous" branch. Describe the ways in which the judicial branch is limited and more circumscribed than the other two branches of government.

Correct AnswerAnswered by ExamLex AIHamilton's description of the judicial b...View AnswerShow Answer

A type of trial in which a judge, working on behalf of the government, is responsible for gathering information relevant to the disposition of a case, is referred to as ___________________.

Correct AnswerverifiedShow Answer

The "Rule of Four" is ____________________.

Correct AnswerverifiedShow Answer

A dissenting opinion is written for which of the following reasons?​

Correct AnswerverifiedShow Answer

The U.S. Constitution declares that the constitution is supreme law. The reality of this pronouncement can be quite complicated; but in theory, what impact does this have on state-level courts?

Correct AnswerverifiedD

Jurists and scholars that believe changes in circumstances are irrelevant, and that the constitution is limited in scope to what the framers envisioned, support a doctrine referred to as​ ______________________.

Correct AnswerverifiedShow Answer

What was the importance of the U.S. Supreme Court ruling in Marbury v. Madison (1803) ?

Correct AnswerverifiedShow Answer

How many justices does the U.S. Constitution require for the Supreme Court?

Correct AnswerverifiedShow Answer

Which of the following is a system of justice used in the American legal system in which opposing parties contend against each other for a result favorable to themselves, while judges act as independent referees overseeing the contest?

Correct AnswerverifiedShow Answer

The document filed by an outside party with an interest in the litigation is a(n) _____________________.

Correct AnswerverifiedShow Answer

If a justice agrees with the end result reached by the majority of the court, but disagrees with the reasons offered in the main written opinion, he or she may write a ________________.

Correct AnswerverifiedB

Which of the following may factor into whether justices vote in favor of hearing a case?​

Correct AnswerverifiedShow Answer

The Supreme Court uses a significant power to declare acts of the other two branches of government, and of state governments, as unconstitutional and thus invalid. This power is referred to as ______________.

Correct AnswerverifiedShow Answer

Correct Answer
Answered by ExamLex AI
One of the debates over the role of the ...
View Answer

Which of the following would not be an example of judicial activism?

Correct Answer
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C

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The selection process for Supreme Court justices includes ________________________________.

Correct Answer
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Answered by ExamLex AI
Hamilton's description of the judicial b...
View Answer

Correct Answer
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A dissenting opinion is written for which of the following reasons?

Correct Answer
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D

Jurists and scholars that believe changes in circumstances are irrelevant, and that the constitution is limited in scope to what the framers envisioned, support a doctrine referred to as ______________________.

Correct Answer
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B

Which of the following may factor into whether justices vote in favor of hearing a case?

Correct Answer
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