Multiple Choice

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Chapter 16: The Courts

Multiple Choice

This activity contains 20 questions.

A "per curiam decision" is a

	decision by the court not to hear a case.
	written opinion of a case.
	decision that can be used as a precedent.
	decision without explanation.

Advocates of judicial activism

	believe the role of the Court should be one of referee.
	emphasize that the courts may alleviate pressing needs left unmet by the majoritarian political process.
	tend to be ideologically liberal.
	question the qualifications of judges for making policy decisions.

An "amicus curiae brief" may be submitted by

	groups that are interested in the outcome of a case but are not formal litigants.
	lawyers representing each side of a case.
	the actual litigants in a case.
	the chief justice.

An opinion written to stress a different constitutional or legal basis for the judgment is called a

	majority opinion.
	minority opinion.
	dissenting opinion.
	concurring opinion.

Cases that involve statutory construction

	are usually precedent-setting.
	involve policy issues.
	can be overturned by Congress by clarifying an existing law.
	can only be changed through a constitutional amendment.

Court decisions

	are self-implementing.
	are enforced through judicial implementation.
	automatically go into effect once handed down.
	depend on other institutions of government for enforcement.

Courts with appellate jurisdiction

	have no original jurisdiction.
	determine the facts about a case.
	review the legal issues involved in a case.
	hear only criminal cases.

In the shift from the Warren Court to the Burger Court, the Supreme Court became more

	conservative.
	liberal.
	activist.
	none of the above

One constraint on federal courts is that they may decide only

	justiciable disputes.
	constitutional issues.
	interstate conflicts.
	appellate cases.

One of the differences between criminal law and civil law is that in civil law

	the government cannot be one of the litigants.
	the case can not be appealed.
	there is no charge that a law has been violated.
	there is no jury.

One of the most important factors that brings potential federal judges to the attention of senators and the Department of Justice is their

	stand on issues.
	involvement in partisan politics.
	ideological neutrality.
	total honesty and integrity.

Principle reasons for the Court's choosing to hear a case would include each of the following EXCEPT

	cases that involve major issues, like civil liberties.
	conflicts between different lower courts on the interpretation of federal law.
	politically hot and divisive cases.
	disagreements between a majority of the Supreme Court and lower court decisions.

Supreme Court justices often try to time their retirement

	so that a president with compatible views will choose their successor.
	near election time so that the Supreme Court nomination becomes an election issue.
	in such a way as to maximize their historical impact.
	after a major court case so as to maximize their policy impact.

Supreme Court nominations are likely to run into trouble when the

	nominee is conservative.
	nominee comes from a southern state.
	nomination is made at the end of a president's term.
	nomination is made without prior approval of the senators from the nominee's state.

The case of Marbury v. Madison (1803) established the Supreme Court's

	power of judicial review.
	use of writs of certiorari.
	application of the principle of stare decisis.
	power to expand its original jurisdiction.

The litigant who brings charges against an individual, corporation, or government in a civil or criminal court case is called the

	defendant.
	plaintiff.
	counsel.
	prosecutor.

The most important factors influencing the selection of judges and justices appears to be

	geography and religion.
	race and gender.
	judicial and elective experience.
	ideology and partisanship.

The U.S. Supreme Court's jurisdiction includes

	original jurisdiction in cases involving citizens from one state only if it involves a federal question.
	original jurisdiction only in cases involving foreign diplomats.
	only appellate jurisdiction.
	appellate jurisdiction from both state and federal courts.

When given a choice, the courts are least likely to decide a case on the basis of

	jurisdiction.
	mootness.
	the Constitution.
	standing.

Which of the following plays the greatest role in the selection of Supreme Court justices?

	the president
	senators
	the candidates themselves
	the ABA's Standing Committee on the Federal Judiciary

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