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.   tort
B.   criminal
C.   common
D.   public
Question #2
In a typical tort case,
A.   the government immediately appeals the verdict if it loses.
B.   the defendant is not allowed to appeal the verdict if he or she loses.
C.   one individual charges that he or she has been injured by another’s negligence or malfeasance.
D.   the plaintiff 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.   habeas corpus
B.   tax
C.   civil
D.   criminal
Question #4
The doctrine of ________ requires courts to follow authoritative prior decisions when ruling
A.   habeas corpus
B.   a priori
C.   ex post facto
D.   stare decisis
Question #5
More than 97% of court cases in the United States are heard
A.   in state courts.
B.   by the United States Supreme Court.
C.   by state supreme courts.
D.   in federal 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.   court of appeals; trial court
B.   trial court; court of appeals
C.   court of appeals; supreme court
D.   supreme court; court of appeals
Question #7
________ occurs when a criminal case is resolved through a negotiated agreement before a full trial is completed.
A.   Mediation
B.   A misdemeanor
C.   A writ of certiorari
D.   A plea bargain
Question #8
Cases in which the U.S. government is a party are
A.   always heard in a federal court.
B.   heard in a state court only if a state government is the other party.
C.   always heard in a state court.
D.   heard in a state court if the other party files a special request to have the case heard
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.   in which more than $1 million is at stake
C.   involving foreign ambassadors
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.   the due process of law.
B.   a writ of certiorari.
C.   his Mirandarights.
D.   judicial review.
Question #11
A writ of habeas corpus declares that
A.   the government must show a legal cause for holding someone in detention.
B.   capital punishment can be neither cruel nor unusual.
C.   the government cannot send a defendant to stand trial in a geographically distant jurisdiction.
D.   a defendant in a felony trial must receive assistance from legal counsel.
Question #12
Verdicts rendered by the federal courts of appeals are
A.   appealed to the U.S. Supreme Court about 15% of the time.
B.   appealed to the U.S. Supreme Court about 80% of the time.
C.   never appealed to the U.S. Supreme Court.
D.   always appealed to the U.S. Supreme Court.
Question #13
In the federal court system, each circuit court of appeals has
A.   50 permanent judges and 100 part-time judges.
B.   a range of permanent judgeships depending on the workload of the circuit.
C.   a few state court judges who also serve as circuit court judges.
D.   one permanent judge.
Question #14
The size of the U.S. Supreme Court is set by
A.   the American Bar Association.
B.   state legislatures.
C.   Congress.
D.   the Constitution.
Question #15
Which of the following statements best describes the formal requirements of serving as a federal court judge?
A.   Federal court judges must have a degree from an accredited law school.
B.   Federal court judges must be at least 35 years of age.
C.   There are no formal requirements to serve as a federal court judge.
D.   Federal court judges must be members of the American Bar Association.
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 nationalized the Bill of Rights.
C.   In this case, the justices authorized the Supreme Court to exercise judicial review over laws passed by Congress.
D.   In this case, the justices declared the secession of the Confederate states to be in violation of the Constitution.
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.   were too vague to be appropriately interpreted.
B.   ceded too much power to the federal government.
C.   violated the separation of powers.
D.   denied citizens equal protection of the law.
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.   recess appointments.
B.   judicial review of executive power.
C.   original jurisdiction.
D.     
E.   judicial review of state legislation.
Question #20
________ means that a case before a court must be between two truly adversarial parties.
A.     
B.   Case and controversy
C.   Standing
D.   Stare decisis
E.   Precedent
Question #21
A certiorari pool describes the
A.   computerized lottery system by which the Supreme Court selects its cases each year.
B.   practice by which Supreme Court law clerks work together to evaluate each petition.
C.   method used to appoint the chief justice.
D.   nickname for the water fountain in the courtyard of the Supreme Court building.
Question #22
Which of the following best describes the role of the solicitor general?
A.   The solicitor general is the head of the Department of Justice.
B.   The solicitor general is the chief legal counsel for the White House.
C.   The solicitor general is the chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals.
D.   The solicitor general is the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party.
Question #23
When interest groups use a “pattern-of-cases” strategy, they
A.   attempt to prevent federal court nominees who are likely to oppose their agendas from being confirmed by the Senate.
B.   avoid filing any lawsuits until the composition of the court changes in a way that makes their preferred ruling more likely.
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.   advocate persuasively for one’s client in oral argument.
B.   ignore the preferences of the justices and focus on persuading Congress.
C.   show that all district courts interpret the law in the same way.
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.   Majority opinion
B.   En banc opinion
C.   Concurring opinion
D.   Dissenting 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.   plaintiff; defendant
C.   judge; plaintiff
D.   defendant; plaintiff
Question #27
________ and ________ are the two most common types of civil law cases.
A.   Contracts; habeas corpus
B.   Administrative; habeas corpus
C.   Contracts; torts
D.   Torts; habeas corpus
Question #28
Medical malpractice suits are good examples of ________ cases.
A.   habeas corpus
B.   amicus curiae
C.   due process
D.   tort
Question #29
Prior cases whose principles are used by judges to decide current cases are called
A.   statutes.
B.   public law.
C.   ex post facto cases.
D.   precedents.
Question #30
Which of the following is least likely to be true about legal precedents?
A.   Precedents established in previous cases guide courts’ decisions in new cases.
B.   Attorneys for both sides of a case try to find compelling precedents to support their arguments.
C.   Constitutional law rarely involves legal arguments over precedent.
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.   international
B.   federal
C.   contract
D.   state
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 an amicus curiaebrief.
B.   entitled to appeal the verdict only if it files a writ of habeas corpus.
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.   judicial review is unconstitutional.
B.   interest groups are involved in the case.
C.   the trial court made a legal error in deciding the case.
D.   the jury did not find a witness credible.
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.   writ of certiorari.
B.   plea bargain.
C.   amicus curiae.
D.   pro bono settlement.
Question #35
Which of the following cases would always be heard in federal court?
A.   a case involving the citizens of more than one state and in which $150,000 is at stake
B.   a case involving the state of New York suing the state of New Hampshire over state highway maintenance
C.   a case related to an accusation of sexual harassment in the workplace
D.   a case related to a drunk-driving accident
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 federal district court.
B.   must always be heard in a state court.
C.   may be heard in either the federal or the state courts, usually depending on the preference of the plaintiff.
D.   must always be heard in the U.S. Supreme Court.
Question #37
  
A.   stare decisis
B.   original jurisdiction
C.   appellate jurisdiction
D.   granting a writ of certiorari
Question #38
________ is the right of every individual against arbitrary action by national or state governments.
A.   Mootness
B.   Plea bargaining
C.   Due process of law
D.   Original jurisdiction
Question #39
Generally speaking, state defendants seeking a federal writ of habeas corpus must
A.   receive amicus briefs from at least three civil liberties organizations.
B.   demonstrate that the they are not guilty of the accused crime beyond a “reasonable doubt.”
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.   Most federal litigation involves “citizen suits” brought by taxpayers who challenge the authority of the state and federal agencies.
B.   Federal court judges are indirectly elected by citizens of the United States through the Electoral College.
C.   Federal courts interpret the laws that govern all Americans and render decisions on the powers and limitations of the national government.
D.   Federal courts hear a large fraction of all of the civil and criminal cases decided each year in the United States.
Question #41
Which of the following is true about the American court system?
A.   Neither federal nor state courts are required to follow the same procedures.
B.   All federal and state courts must have the same number of jurors on a trial jury and require a unanimous verdict.
C.   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.
D.   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.
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.   federal circuit court system
D.   U.S. Court of Appeals for the Federal Circuit
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 presides over the Court’s public sessions and private conferences.
C.   The chief justice is the constitutional adviser to the president.
D.   The chief justice always writes the Court’s majority opinions.
Question #44
Once the president has formally nominated an individual for a federal judgeship,
A.   the nominee must be confirmed by a unanimous vote in the full Senate.
B.   the nominee is automatically appointed for a probationary term of five years.
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.   cannot be used against any presidential appointments to the judiciary.
B.   can only be used against federal district court appointments.
C.   can only be used against Supreme Court appointments.
D.   can only be used against executive branch appointments.
Question #46
“Borking” occurs when
A.   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.
B.   a president chooses to rescind an existing nomination for the Supreme Court and nominates a new candidate.
C.   the Senate ends a filibuster of a federal court nominee through a cloture vote.
D.   senators filibuster a nominee to the Supreme Court.
Question #47
In all of American history, the Supreme Court has concluded that fewer than ________ acts of Congress have directly violated the Constitution.
A.   10
B.   110
C.   60
D.   160
Question #48
In the 2014 case of Riley v. California, the Supreme Court held that
A.   state courts must provide legal counsel to defendants who could not afford their
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.   the police cannot undertake a warrantless search of the digital contents of a cell phone.
Question #49
The rules of access to federal courts can be broken down into three major categories:
A.   appointment, arbitrary and capricious, and standing.
B.   delegation, standing, and mootness.
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 certiorari.
C.   state courts.
D.   a writ of mandamus.
Question #51
In order for the Supreme Court to decide to grant certiorari,
A.   all justices must vote unanimously in favor of certiorari.
B.   four justices must vote in favor of certiorari.
C.   the law clerks must vote unanimously in favor of certiorari.
D.   the chief justice must vote 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.   standing
B.   per curium
C.   amicus curiae
D.   certiorari
Question #53
Briefs submitted to the United States Supreme Court
A.   contain public statements of a jury’s deliberation process.
B.   are short summaries of an attorneys’ qualifications to represent their clients.
C.   are written documents in which attorneys explain why the Court should rule in favor of their clients.
D.   never rely on precedent.
Question #54
The assignment of the opinion in a Supreme Court case is
A.   important because every word of a decision is legally binding.
B.   important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation.
C.   unimportant because all justices usually describe their decisions in exactly the same way.
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.   ask Chief Justice Roberts if she may write an opinion on the issue in the Supreme Court’s next term.
B.   recuse herself from the case.
C.     
D.   write a dissenting opinion.
E.   write a concurring opinion.
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 activism
B.   judicial conservatism
C.   judicial restraint
D.   judicial liberalism
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 activism
B.   judicial liberalism
C.   judicial restraint
D.   judicial conservatism
Question #58
Which of the following is least likely to influence the thinking of federal judges?
A.   decisions of state courts
B.   ideology
C.   judicial philosophy
D.   institutional interest
Question #59
The power of the Supreme Court to review state actions and legislation is implied by the
A.   Declaration of Independence.
B.   judicial review clause of Article III of the Constitution.
C.   Seventh Amendment of the Constitution.
D.   supremacy clause of Article VI of the Constitution.
Question #60
Which of the following is true about the basis for federal court jurisdiction?
A.   State courts have jurisdiction over cases involving treaties with other nations or the U.S. Constitution.
B.   Trial courts have appellate jurisdiction over constitutional cases.
C.   The Supreme Court has granted original jurisdiction to 94 district courts.
D.   Congress has created several specialized courts that have nationwide original jurisdiction in certain types of cases.

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