Political Science 101- Introduction to American Politics » Spring 2021 » Chapter 15 Post Test
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Question #1
In what type of law is the government always the plaintiff?
A.
criminal
B.
public
C.
tort
D.
common
Question #2
In a typical tort case,
A.
one individual charges that he or she has been injured by another’s negligence or malfeasance.
B.
the government immediately appeals the verdict if it loses.
C.
the plaintiff is not allowed to appeal the verdict if he or she loses.
D.
the defendant is not allowed to appeal the verdict if he or she loses.
Question #3
When a private individual brings a suit against a company for breaking a contract, this is an example of ________ law.
A.
criminal
B.
habeas corpus
C.
civil
D.
tax
Question #4
The doctrine of ________ requires courts to follow authoritative prior decisions when ruling
A.
habeas corpus
B.
a priori
C.
stare decisis
D.
ex post facto
Question #5
More than 97% of court cases in the United States are heard
A.
in federal courts.
B.
by the United States Supreme Court.
C.
in state courts.
D.
by state supreme courts.
Question #6
Suppose a defendant is convicted at trial but believes that the judge made an error that impacted the decision. She would first ask her case be tried again at the ________. If she were to lose at that court, she could still try again, if her argument were accepted, at the ________.
A.
trial court; court of appeals
B.
supreme court; court of appeals
C.
court of appeals; supreme court
D.
court of appeals; trial court
Question #7
________ occurs when a criminal case is resolved through a negotiated agreement before a full trial is completed.
A.
A writ of certiorari
B.
A plea bargain
C.
A misdemeanor
D.
Mediation
Question #8
Cases in which the U.S. government is a party are
A.
always heard in a federal court.
B.
always heard in a state court.
C.
heard in a state court if the other party files a special request to have the case heard
D.
heard in a state court only if a state government is the other party.
Question #9
Cases ________ are not part of the original jurisdiction of the U.S. Supreme Court.
A.
between the United States and one of the 50 states
B.
involving foreign ambassadors
C.
in which more than $1 million is at stake
D.
brought by one state against citizens of another state or against a foreign country
Question #10
If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied
A.
a writ of certiorari.
B.
judicial review.
C.
his Mirandarights.
D.
the due process of law.
Question #11
A writ of habeas corpus declares that
A.
a defendant in a felony trial must receive assistance from legal counsel.
B.
capital punishment can be neither cruel nor unusual.
C.
the government must show a legal cause for holding someone in detention.
D.
the government cannot send a defendant to stand trial in a geographically distant jurisdiction.
Question #12
Verdicts rendered by the federal courts of appeals are
A.
appealed to the U.S. Supreme Court about 80% of the time.
B.
always appealed to the U.S. Supreme Court.
C.
appealed to the U.S. Supreme Court about 15% of the time.
D.
never appealed to the U.S. Supreme Court.
Question #13
In the federal court system, each circuit court of appeals has
A.
a few state court judges who also serve as circuit court judges.
B.
one permanent judge.
C.
a range of permanent judgeships depending on the workload of the circuit.
D.
50 permanent judges and 100 part-time judges.
Question #14
The size of the U.S. Supreme Court is set by
A.
the Constitution.
B.
the American Bar Association.
C.
state legislatures.
D.
Congress.
Question #15
Which of the following statements best describes the formal requirements of serving as a federal court judge?
A.
Federal court judges must be members of the American Bar Association.
B.
Federal court judges must have a degree from an accredited law school.
C.
There are no formal requirements to serve as a federal court judge.
D.
Federal court judges must be at least 35 years of age.
Question #16
When nominating justices to the Supreme Court, presidents make an effort to
A.
select justices who share their political philosophies.
B.
select justices who used to work in Congress.
C.
alternate between selecting a Republican and Democratic justice.
D.
select justices who are unpredictable.
Question #17
Why is Marbury v. Madison (1803) an important case?
A.
In this case, the justices recognized the authority of Congress to regulate the economy of the United States.
B.
In this case, the justices declared the secession of the Confederate states to be in violation of the Constitution.
C.
In this case, the justices nationalized the Bill of Rights.
D.
In this case, the justices authorized the Supreme Court to exercise judicial review over laws passed by Congress.
Question #18
The Supreme Court struck down state laws in the cases Brown v. Board of Education and Pavan v. Smith because the statutes in question
A.
violated the separation of powers.
B.
ceded too much power to the federal government.
C.
denied citizens equal protection of the law.
D.
were too vague to be appropriately interpreted.
Question #19
If the Supreme Court were to decide to review a case that alleges President Trump’s antiterrorism initiatives violated a citizen’s civil liberties, the case likely would be an example of
A.
B.
judicial review of state legislation.
C.
recess appointments.
D.
judicial review of executive power.
E.
original jurisdiction.
Question #20
________ means that a case before a court must be between two truly adversarial parties.
A.
Case and controversy
B.
Standing
C.
D.
Stare decisis
E.
Precedent
Question #21
A certiorari pool describes the
A.
nickname for the water fountain in the courtyard of the Supreme Court building.
B.
method used to appoint the chief justice.
C.
computerized lottery system by which the Supreme Court selects its cases each year.
D.
practice by which Supreme Court law clerks work together to evaluate each petition.
Question #22
Which of the following best describes the role of the solicitor general?
A.
The solicitor general is the chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals.
B.
The solicitor general is the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party.
C.
The solicitor general is the chief legal counsel for the White House.
D.
The solicitor general is the head of the Department of Justice.
Question #23
When interest groups use a “pattern-of-cases” strategy, they
A.
avoid filing any lawsuits until the composition of the court changes in a way that makes their preferred ruling more likely.
B.
attempt to prevent federal court nominees who are likely to oppose their agendas from being confirmed by the Senate.
C.
submit amicus curiae briefs in every case that addresses their organizations’ primary issues in the hopes that their framing of the legal questions raised in each case will persuade the justices.
D.
bring the same type of suit in more than one circuit in the hopes that inconsistent treatment by two different courts will improve the chance of a Supreme Court review.
Question #24
One of the most effective strategies in getting a case accepted for review by the Supreme Court is to
A.
show that all district courts interpret the law in the same way.
B.
advocate persuasively for one’s client in oral argument.
C.
ignore the preferences of the justices and focus on persuading Congress.
D.
capitalize on inconsistent rulings across the circuits.
Question #25
________ are used to express opposition to a Supreme Court outcome or to signal to the losing side that some members of the Court support its position.
A.
Dissenting opinion
B.
Concurring opinion
C.
Majority opinion
D.
En banc opinion
Question #26
In court cases the ________ is the party that brings charges and the ________ is the party accused of a violation of the law.
A.
jury; defendant
B.
judge; plaintiff
C.
plaintiff; defendant
D.
defendant; plaintiff
Question #27
________ and ________ are the two most common types of civil law cases.
A.
Contracts; habeas corpus
B.
Contracts; torts
C.
Administrative; habeas corpus
D.
Torts; habeas corpus
Question #28
Medical malpractice suits are good examples of ________ cases.
A.
habeas corpus
B.
tort
C.
due process
D.
amicus curiae
Question #29
Prior cases whose principles are used by judges to decide current cases are called
A.
ex post facto cases.
B.
public law.
C.
statutes.
D.
precedents.
Question #30
Which of the following is least likely to be true about legal precedents?
A.
Attorneys for both sides of a case try to find compelling precedents to support their arguments.
B.
Constitutional law rarely involves legal arguments over precedent.
C.
Precedents established in previous cases guide courts’ decisions in new cases.
D.
Courts apply precedents using the legal principle of stare decisis.
Question #31
An overwhelming majority of criminal cases involve violations of ________ laws prohibiting such actions as murder, robbery, fraud, theft, and assault.
A.
contract
B.
state
C.
federal
D.
international
Question #32
If a defendant is found not guilty in a criminal case, the government is
A.
entitled to appeal the verdict only if it files a writ of habeas corpus.
B.
entitled to appeal the verdict only if it files an amicus curiaebrief.
C.
not entitled to appeal the verdict.
D.
entitled to appeal the verdict only if the case raises an important constitutional question.
Question #33
When filing an appeal, an appellant usually must show
A.
the jury did not find a witness credible.
B.
judicial review is unconstitutional.
C.
interest groups are involved in the case.
D.
the trial court made a legal error in deciding the case.
Question #34
If a defendant is charged with burglary, but admits to a lesser charge of trespassing in exchange for the prosecution dismissing the burglary charge and forgoing the criminal trial, it is an example of a(n)
A.
plea bargain.
B.
pro bono settlement.
C.
amicus curiae.
D.
writ of certiorari.
Question #35
Which of the following cases would always be heard in federal court?
A.
a case related to an accusation of sexual harassment in the workplace
B.
a case involving the state of New York suing the state of New Hampshire over state highway maintenance
C.
a case related to a drunk-driving accident
D.
a case involving the citizens of more than one state and in which $150,000 is at stake
Question #36
Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake
A.
must always be heard in a state court.
B.
may be heard in either the federal or the state courts, usually depending on the preference of the plaintiff.
C.
must always be heard in federal district court.
D.
must always be heard in the U.S. Supreme Court.
Question #37
One example of ________ is the fact that a lawsuit filed by Washington against Nevada over river pollution goes directly before the Supreme Court.
A.
appellate jurisdiction
B.
stare decisis
C.
granting a writ of certiorari
D.
original jurisdiction
Question #38
________ is the right of every individual against arbitrary action by national or state governments.
A.
Original jurisdiction
B.
Plea bargaining
C.
Due process of law
D.
Mootness
Question #39
Generally speaking, state defendants seeking a federal writ of habeas corpus must
A.
demonstrate that the they are not guilty of the accused crime beyond a “reasonable doubt.”
B.
receive amicus briefs from at least three civil liberties organizations.
C.
show that they have exhausted all available state remedies and must raise issues not previously raised in their state appeals.
D.
hire the solicitor general to represent them.
Question #40
Which of the following best describes why decisions made by federal courts are important?
A.
Federal court judges are indirectly elected by citizens of the United States through the Electoral College.
B.
Federal courts hear a large fraction of all of the civil and criminal cases decided each year in the United States.
C.
Federal courts interpret the laws that govern all Americans and render decisions on the powers and limitations of the national government.
D.
Most federal litigation involves “citizen suits” brought by taxpayers who challenge the authority of the state and federal agencies.
Question #41
Which of the following is true about the American court system?
A.
While federal courts vary in terms of the number of jurors on a trial jury and whether a unanimous jury verdict is required, all state courts must follow the same procedures.
B.
While state courts vary in terms of the number of jurors on a trial jury and whether a unanimous jury verdict is required, all federal courts must follow the same procedures.
C.
Neither federal nor state courts are required to follow the same procedures.
D.
All federal and state courts must have the same number of jurors on a trial jury and require a unanimous verdict.
Question #42
The ________ is established by the Constitution and cannot be abolished by a congressional law.
A.
Supreme Court
B.
federal district court system
C.
U.S. Court of Appeals for the Federal Circuit
D.
federal circuit court system
Question #43
What is the main function of the chief justice of the Supreme Court?
A.
The chief justice decides what cases will be heard by the full Court each term.
B.
The chief justice is the constitutional adviser to the president.
C.
The chief justice always writes the Court’s majority opinions.
D.
The chief justice presides over the Court’s public sessions and private conferences.
Question #44
Once the president has formally nominated an individual for a federal judgeship,
A.
the nominee is automatically appointed for a probationary term of five years.
B.
the nominee must be confirmed by a unanimous vote in the full Senate.
C.
the nominee is automatically appointed for life and can only be removed from office through
D.
the nominee must be confirmed by a majority vote in the full Senate.
Question #45
Since 2017, the Senate filibuster
A.
can only be used against executive branch appointments.
B.
can only be used against Supreme Court appointments.
C.
cannot be used against any presidential appointments to the judiciary.
D.
can only be used against federal district court appointments.
Question #46
“Borking” occurs when
A.
senators filibuster a nominee to the Supreme Court.
B.
senators draw extensively on excerpts from a judicial nominee’s speeches and writings in order to paint the nominee as an extremist who is unqualified to serve in the federal judiciary.
C.
a president chooses to rescind an existing nomination for the Supreme Court and nominates a new candidate.
D.
the Senate ends a filibuster of a federal court nominee through a cloture vote.
Question #47
In all of American history, the Supreme Court has concluded that fewer than ________ acts of Congress have directly violated the Constitution.
A.
60
B.
10
C.
160
D.
110
Question #48
In the 2014 case of Riley v. California, the Supreme Court held that
A.
the police cannot undertake a warrantless search of the digital contents of a cell phone.
B.
corporations have free speech rights under the First Amendment.
C.
the police can undertake a warrantless search of the digital contents of a cell phone if its officers believe there is probable cause.
D.
state courts must provide legal counsel to defendants who could not afford their
Question #49
The rules of access to federal courts can be broken down into three major categories:
A.
delegation, standing, and mootness.
B.
appointment, arbitrary and capricious, and standing.
C.
case and controversy, delegation, and oversight.
D.
case and controversy, standing, and mootness.
Question #50
Most cases reach the Supreme Court through
A.
a writ of amicus curiae.
B.
a writ of mandamus.
C.
a writ of certiorari.
D.
state courts.
Question #51
In order for the Supreme Court to decide to grant certiorari,
A.
four justices must vote in favor of certiorari.
B.
the law clerks must vote unanimously in favor of certiorari.
C.
the chief justice must vote in favor of certiorari.
D.
all justices must vote unanimously in favor of certiorari.
Question #52
A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n)________ brief.
A.
certiorari
B.
amicus curiae
C.
standing
D.
per curium
Question #53
Briefs submitted to the United States Supreme Court
A.
contain public statements of a jury’s deliberation process.
B.
never rely on precedent.
C.
are short summaries of an attorneys’ qualifications to represent their clients.
D.
are written documents in which attorneys explain why the Court should rule in favor of their clients.
Question #54
The assignment of the opinion in a Supreme Court case is
A.
unimportant because all justices usually describe their decisions in exactly the same way.
B.
important because every word of a decision is legally binding.
C.
important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation.
D.
unimportant because lawyers and judges in lower courts rarely read Supreme Court opinions.
Question #55
Justice Stephen Breyer has been assigned to write the Supreme Court’s opinion in a case. After Justice Breyer drafted the opinion and circulated it to the other justices, Justice Elena Kagan decides that she wanted to emphasize a particular point in the majority opinion. For that purpose, Justice Kagan will likely
A.
write a dissenting opinion.
B.
write a concurring opinion.
C.
recuse herself from the case.
D.
E.
ask Chief Justice Roberts if she may write an opinion on the issue in the Supreme Court’s next term.
Question #56
Though used at times by justices on both sides of the partisan divide, which judicial philosophy refuses to go beyond the clear words of the Constitution in interpreting the document’s meaning?
A.
judicial conservatism
B.
judicial activism
C.
judicial liberalism
D.
judicial restraint
Question #57
Though used at times by justices on both sides of the partisan divide, which judicial philosophy posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions?
A.
judicial conservatism
B.
judicial liberalism
C.
judicial restraint
D.
judicial activism
Question #58
Which of the following is least likely to influence the thinking of federal judges?
A.
decisions of state courts
B.
judicial philosophy
C.
institutional interest
D.
ideology
Question #59
The power of the Supreme Court to review state actions and legislation is implied by the
A.
Declaration of Independence.
B.
supremacy clause of Article VI of the Constitution.
C.
Seventh Amendment of the Constitution.
D.
judicial review clause of Article III of the Constitution.
Question #60
Which of the following is true about the basis for federal court jurisdiction?
A.
Congress has created several specialized courts that have nationwide original jurisdiction in certain types of cases.
B.
Trial courts have appellate jurisdiction over constitutional cases.
C.
The Supreme Court has granted original jurisdiction to 94 district courts.
D.
State courts have jurisdiction over cases involving treaties with other nations or the U.S. Constitution.
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