test bank11 the judiciary

CHAPTER 14

The Judiciary

MULTIPLE CHOICE QUESTIONS

Type: ConceptualAns: APage: 403

1. The intense struggle over the nomination of Clarence Thomas to the Supreme Court could have occurred only in the United States because only here

a. do judges play so large a role in making public policy.b. is there a judicial nomination process.c. is there such intense division between political parties.d. can one party control the executive and the other the legislative

branch.e. the nomination power is a shared power.

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2. Which of the following statements about British courts is true?

a. Judicial review is tightly regulated but fiercely protected.b. Courts are frequently called on by Parliament to settle

procedural issues.c. No court may strike down a law that Parliament passes.d. The British federalist system guarantees a minor role for the

judiciary.e. Common law ensures judges will be active participants in the

policy making process.


3. The chief judicial weapon in the government's system of checks and balances is known as

a. judicial activism.b. judicial interpretivism.c. judicial review.d. judicial standing.e. judicial bypass.


4. The Supreme Court's chief weapon in the system of checks and balances is the

a. advisory opinion it exercises.b. place it occupies in public opinion.c. judicial review it exercises.d. original jurisdiction it enjoys.e. power to hand down per curiam opinions.

Copyright © Houghton Mifflin Company. All rights reserved.

464 Chapter 14: The Judiciary

Type: ConceptualAns: CPage: 404

5. Strict-constructionist judges differ from activist judges in that they are more likely to

a. support policies that address social and economic problems.b. apply rules that are clearly stated in the U.S. Constitution.c. believe in the application of judicial review to criminal matters.d. look for and apply the general principles underlying the U.S.

Constitution.e. entangle themselves in matters traditionally left to Congress

and the Executive.


6. A judicial activist is a judge who holds

a. that courts should make as well as interpret law.b. a liberal ideology.c. that courts should make but not interpret law.d. a conservative ideology.e. that courts merely apply the law and enforce norms.


7. Which of the following is most likely to be true of an activist judge?

a. He or she is conservative politically.b. He or she is bound by the wording of the U.S. Constitution.c. He or she is liberal politically.d. He or she is an interpretivist.e. He or she is feels contrained by precedent.


8. The Founders expected that judicial review would be relatively passive because

a. judges would merely find and apply the existing law.b. judges would be constrained by the legislature.c. cases would involve only direct disputes between individuals.d. judges would be empowered to award money damages only.e. judges would generally be unanimous in their decision making.

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

a. Congress may not add to the original jurisdiction of the Supreme Court.

b. The Supreme Court may declare void any laws repugnant to the U.S. Constitution.

c. Persons seeking writs of mandamus must go to a lower court.d. The Supreme Court will try to avoid direct confrontations with

other branches of government.e. Congress can expand or contract the appellate jurisdiction of

the Court.


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

a. states' rights and slavery.b. trade relations and states' rights.c. national supremacy and trade relations.d. slavery and national supremacy.e. commerce and civil liberties.

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11. Rulings by the Supreme Court in Marbury v. Madison and McCulloch v. Maryland established all of the following principles except

a. the Supreme Court could rule an act of Congress unconstitutional.

b. the federal government has the power to regulate commerce among the states.

c. the federal government is permitted to pass any laws necessary and proper to the attainment of constitutional ends.

d. federal law is supreme over state law.e. Congress cannot expand the original jurisdiction of the Court.


12. In McCulloch v. Maryland, the Supreme Court held that

a. states could tax a federal bank.b. state militia were subservient to the federal armed services.c. the federal government could pass any laws necessary and

proper to the attainment of constitutional ends.d. the federal government had the power to regulate commerce

that occurred among states.e. the judicial branch has the power to determine the legitimate

governing power in the states.

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13. In Federalist 78, Alexander Hamilton described the judiciary as

a. "the sword of the community"b. "least dangerous" to political rightsc. "command[ing] the purse"d. "encouraging factions"e. “beyond reproach.”


14. What is the major issue confronting the Supreme Court in America today?

a. the relationship between government and the economyb. nationbuildingc. personal liberty, social equality, and the potential conflict

between the twod. establishing the supremacy of federal governmente. the constitutionality of the federal income tax




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

a. a monopoly is a restraint on trade.b. patents cannot be issued on recent technology.c. state law cannot prevail over federal law.d. interstate commerce cannot be regulated.e. the indirect effects of commerce are beyond the scope of

government regulation.


16. The reaction of early presidents to Supreme Court rulings such as Marbury v. Madison and McCulloch v. Maryland can best be described as

a. highly negative.b. relatively mild but negative.c. relatively mild but positive.d. highly positive.e. accepting, and later supportive.


17. The Dred Scott case involved

a. the right of the national government to charter a bank.b. the doctrine of separate but equal.c. admission of new states to the union.d. a slave owner’s property rights to an escaped slave.e. the suspension of habeas corpus.


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

a. the civil rights of former slaves.b. economic regulation by government.c. the rights of the criminally accused.d. the balance of powers between states and the federal

government.e. First Amendment freedoms.

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19. During the period from the end of the Civil War to the beginning of the New Deal, the dominant issue that the Supreme Court faced was

a. government regulation of the economy.b. states' rights versus federal supremacy.c. slavery.d. government regulation of interstate commerce.e. freedom of press.




20. Until the 1930s, the Supreme Court interpreted the Fourteenth and Fifteenth Amendments to

a. view civil rights very narrowly.b. view civil rights very broadly.c. expand the notion of interstate commerce.d. contract the notion of interstate commerce.e. distinguish precedents in a manner that favored minorities.


21. In the period following the Civil War, the Fourteenth Amendment was consistently interpreted by the Supreme Court to protect

a. interstate commerce.b. state regulations.c. states' rights.d. the government's right to tax.e. A and D.


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

a. whites only.b. adults.c. labor unions.d. business firms.e. males.

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23. Between 1887 and 1910, the Supreme Court upheld state regulation of business opportunity approximately ________ of the time?

a. 10 percentb. 30 percentc. 50 percentd. 60 percente. 80 percent


24. The period in Supreme Court history from 1936 to the present has been marked by a concern for

a. the regulation of commerce.b. states' rights.c. personal liberties.d. private property.e. corporate fraud.




25. After 1936, the Supreme Court stopped imposing regulations on the power of the government to regulate the economy. In its previous rulings in this area, the Court found itself

a. favoring the cause of labor against business.b. making judgments it was not competent to make.c. allowing state legislatures too much control over the national

economy.d. limiting the protection of private property to enable business to

expand.e. considerably divided but just about always supportive of

federal interests.


26. The Supreme Court tradition of deferring to the legislature on matters of economic regulation was established during the period from

a. the very founding.b. 1789 to 1861.c. 1861 to 1892.d. 1892 to 1936.e. 1936 to the present.


27. Court-packing refers to the practice of

a. taking away the Supreme Court's appellate jurisdiction.b. appointing only justices who agree with the president's political

philosophy.c. appointing only justices who agree with Congress's political

philosophy.d. appointing only justices who can be categorized as strict

constructionists.e. ignoring decisions in which a majority of justices cannot agree

on a single opinion.


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

a. for every sitting justice older than age seventy.b. once a year, irrespective of retirements.c. every time the court struck down one of his laws.d. to replace any sitting justice older than age seventy.e. each time a justice removed himself/herself from a case.


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

a. a conflict between the president and Congress.b. the election of a Republican president in 1936.c. an assault on the Supreme Court by the other branches.d. the early demise of the New Deal.e. the creation of an even higher appellate court.

Type: FactualAns: B

30. There are 94 ___________ in the federal judiciary.



Page: 411 a. constitutional courtsb. district courtsc. courts of appeald. legislative courtse. supreme courts


31. There are 12 ___________ in the federal judiciary.

a. constitutional courtsb. district courtsc. courts of appeald. legislative courtse. supreme courts


32. ___________ 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.

a. Constitutional courtsb. District courtsc. Courts of appeald. Legislative courtse. Supreme courts


33. The Court of Military Appeals is an example of a

a. constitutional court.b. district court.c. court of appeal.d. legislative court.e. supreme court.


34. Which courts are mandated by the U.S. Constitution?

a. the Supreme Court onlyb. the Supreme and appellate courtsc. the Supreme, appellate, and district courtsd. both constitutional and legislative courtse. legislative courts


35. What does the U.S. Constitution have to say about the size of the Supreme Court?

a. It specifically sets the number of justices at six, later amended to nine.

b. It specifically sets the number of justices at nine.c. It suggests but does not mandate a Court of nine justices.d. It does not indicate how large the Court should be.e. It specifically places the matter in the hands of the House of

Representatives.




36. Which of the following courts exercises the judicial powers found in Article III of the Constitution?

a. legislative courtsb. courts of appealsc. district courtsd. constitutional courtse. intermediate appellate courts


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

a. constitutional court judges handle cases that need not be decided by the Supreme Court.

b. constitutional court judges cannot be fired.c. legislative court judges handle cases that need not be decided

by the Supreme Court.d. legislative court judges cannot be fired.e. legislative court judges are not confirmed by the Senate.


38. In the matter of federal judicial appointments, presidents invariably nominate individuals who

a. have previous judicial experience.b. have state judicial experience.c. have experience in corporate law.d. are from a large state.e. are members of their own party.


39. Democratic judges appear to reach more liberal decisions than Republican ones on cases involving

a. discrimination and criminal prosecution.b. freedom of the press and discrimination.c. business regulations and freedom of the press.d. criminal prosecution and business regulation.e. “speech plus” cases and war powers.


40. Why do the records of their Supreme Court appointees occasionally disappoint presidents?

a. Some justices are not as qualified as they seem.b. Judicial behavior can be difficult to predict.c. Most presidents get only a few chances to make Supreme

Court appointments.d. Presidents often have unrealistic expectations.e. Presidents rarely seek anything like real “advice” from the

Senate.




41. The behavior of Justices Holmes, Burger, and Blackman suggests that

a. presidents can sometimes be mistaken in their prediction about the actions of their judicial appointees.

b. the Supreme Court follows the election returns.c. the president clearly controls the Supreme Court through his

appointments.d. dissenters on the Supreme Court have more influence than the

majority.e. Presidents are rarely concerned about “court-packing” today.


42. Senatorial courtesy is an especially important consideration in nominations to

a. legislative courts.b. courts of appeals.c. district courts.d. constitutional courts.e. intermediate appellate courts.


43. Which of the following statements about the selection of federal judges is correct?

a. The principle of senatorial courtesy applies to the selection of judges in the legislative courts.

b. Presidents generally appoint judges whose political views reflect their own.

c. Nominees for district court judge often face tough confirmation battles in the Senate.

d. The application of political litmus tests to Supreme Court nominees was established with the nomination of David Souter.

e. Supreme Court nominations have only recently become controversial.


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

a. senatorial courtesy.b. advice and consent.c. legislative vetoes.d. requiring a two-thirds majority for confirmation.e. requiring a three-fourths majority for confirmation.


45. Senator Pettifogger has refused to return his blue slip. In so doing, he is

a. approving the president's nominee for the Supreme Court.b. approving the president's choice for chief justice.c. rejecting the president's nominee for the Supreme Court.d. rejecting the president's nominee for a district judgeship.e. suggesting an associate justice for the position of chief justice.

Type: Factual46. The text suggests that the notion that the party membership of federal



Ans: DPage: 411

judges makes a difference in how they vote is supported by

a. numerous interviews with federal judges.b. the impressions of disappointed presidents.c. statements made by the American Bar Association.d. a review of over 80 studies on the topic.e. law school text books.

Type: FactualAns: BPage: 413(Figure 14.1)

47. The president who appointed the largest percentage of minorities to the federal courts was

a. Richard Nixon.b. Jimmy Carter.c. Ronald Reagan.d. George Bush.e. Dwight Eisenhower.

Type: FactualAns: DPage: 413(Figure 14.1)

48. The president who appointed the largest percentage of Hispanics to the appeals courts was

a. Gerald Ford.b. Jimmy Carter.c. Ronald Reagan.d. George Bush.e. Dwight Eisenhower.

Type: FactualAns: DPage: 413(Figure 14.1)

49. The president second to Jimmy Carter in appointing the largest percentage of women to the federal courts was

a. Richard Nixon.b. Gerald Ford.c. Ronald Reagan.d. George Bush.e. Dwight Eisenhower.


50. Typically, those who complain about the litmus testing of judicial candidates are

a. in power.b. out of power.c. liberal.d. conservative.e. centrists.




51. Senate conservatives, for example, might make their approval of a Supreme Court nominee contingent on that individual's personal views about the death penalty. Such concern for a nominee's ideology is known as

a. judicial standing.b. a political litmus test.c. senatorial courtesy.d. an amicus curiae standard.e. an exculpatory remand standard.


52. The text suggests that the litmus test

a. is a great American tradition.b. is increasingly irrelevant.c. has grown in importance.d. has rarely been a factor in Supreme Court nominations.e. is less important when government is divided.


53. The litmus test is perhaps of greatest importance in nominations to

a. constitutional courts.b. district courts.c. courts of appeal.d. legislative courts.e. the Supreme Court.


54. In this century, the number of Supreme Court nominees rejected by the Senate in this century is

a. zero.b. fewer than ten.c. between ten and twenty.d. more than twenty.e. more than thirty.


55. The dual-court system of the United States refers to

a. trial and appellate courts.b. criminal and civil courts.c. statutory and common law courts.d. federal and state courts.e. legislative and constitutional courts.


56. A diversity case is one involving

a. the jurisdiction of more than one appellate court.b. the jurisdiction of more than one district court.c. citizens of different states.d. a writ of certiorari.e. a writ of mandamus.




57. Citizen X is suing his neighbor Y for ramming his $7,000 car. This case could be heard in

a. a federal court.b. either a federal or state court.c. a state court.d. an appellate court.e. an intermediate appellate court.


58. California is suing Arizona over the use of the Colorado River. The case will be heard by

a. a federal court.b. the Supreme Court of California.c. the Supreme Court of Arizona.d. the U.S. Supreme Court.e. the Court of International Trade.


59. The majority of cases heard by federal courts begin in

a. district courts.b. state courts.c. municipal courts.d. appellate courts.e. circuit courts.


60. What is the relationship between an appeal and a certiorari?

a. Judges must hear all appeals but only some certiorari.b. A case granted certiorari may be heard in either state or federal

court.c. Appeals are paid for by plaintiffs, certiorari by defendants.d. Only some appeals are granted certiorari.e. Appeals are directed to appellate courts whereas a writ of

certiorari is sought from a trial court.


61. The highest state court in Iowa has ruled that the federal Endangered Species Act is illegal because it runs counter to the state constitution. The case could be brought to the U.S. Supreme Court by means of

a. certiorari.b. a diversity ruling.c. original jurisdiction.d. writ of habeas corpus.e. none of these; it could not be taken to the U.S. Supreme Court.




62. A case on appeal reaches the Supreme Court via a writ of

a. certiorari.b. appeal.c. mandamus.d. injunction.e. habeas corpus.


63. A writ of certiorari is issued by

a. the Supreme Court.b. a lower court, usually a district court.c. the defendant in a federal case.d. the plaintiff in a federal case.e. the Attorney General.


64. Certiorari is a Latin word meaning, roughly

a. “beyond all uncertainties.”b. “certified.”c. “to be heard.”d. “rule of four.”e. “made more certain.”


65. If it wanted to make its caseload significantly more manageable, the Supreme Court could probably do so most easily by

a. requiring fewer votes for certiorari.b. requiring more votes for certiorari.c. eliminating its appeals docket.d. broadening its appeals docket.e. eliminating its original jurisdiction.


66. Which of the following significantly increases the odds that the Supreme Court will review a case?

a. two or more federal courts of appeals have decided the same issue in different ways.

b. the highest court in a state has held a federal law in violation of the Constitution.

c. the highest court in a state has held a state law in violation of the Constitution.

d. the highest court in a state has upheld a state law against a claim that it is violation of the Constitution.

e. All of these.


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

a. 1,000b. 2,000c. 5,000d. 7,000e. 30,000




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

a. 10b. 100c. 1,000d. 3,000e. 10,000


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

a. the Chief Justice.b. Associate Justices.c. the Attorney General.d. the Deputy Attorney General.e. law clerks.


70. Which of the following observations about the Supreme Court’s law clerks is incorrect?

a. They play a big role in deciding which cases are granted cert.b. They usually come to the job with several years of experience

as practicing lawyers.c. They are hired by the Justices.d. Some of the opinions written by the Justices are drafted by the

clerks.e. None of these.


71. Which of the following observations about the Supreme Court’s law clerks is incorrect?

a. They play a big role in deciding which cases are granted cert.b. They are recent law school graduates.c. They are confirmed by the Senate.d. Some of the opinions written by the Justices are drafted by the

clerks.e. None of these.


72. Clarence Gideon managed to have his case heard before the Supreme Court by

a. filing a mandatory appeal.b. claiming diversity of citizenship.c. seeking expert legal assistance.d. filing as a pauper.e. appealing to the Court in a personal letter.




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

a. NRA.b. National Taxpayers' Union.c. AFL-CIO.d. ACLU.e. NWO.


74. Indigent A, Middle-Class B, and Rich C are contemplating taking a case to the U.S. Supreme Court. Which one is most likely to be discouraged by the costs involved?

a. Indigent Ab. Middle-Class Bc. Rich Cd. A and B.e. All three would be affected equally.


75. 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

a. finding an interest group to support the case.b. filing a writ of certiorari.c. asking the courts to rule in absentia.d. suing under the principle of sovereign immunity.e. applying for a writ of mandamus.


76. 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

a. filing a Section 1983 suit.b. asking the courts to rule in absentia.c. filing a writ of certiorari.d. suing under the principle of sovereign immunity.e. filing for a writ of mandamus.


77. Fee shifting is not practiced in European courts because

a. it is formally prohibited by law.b. it is customarily seen as unethical.c. it would be impractical to administer.d. parties there need not pay their own way.e. statutory law is much more complex than common law.




78. Fee shifting refers to the practice of

a. dividing attorneys' fees among all participants in a class-action suit.

b. reducing fees if the votes of appellate court judges are divided.c. getting the government to pay the fees of all parties.d. having attorneys adjust their fees according to their experience

and the damages awarded.e. getting the loser to pay court costs.


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

a. First Amendment suit.b. civil rights suit.c. common law suit.d. Section 1983 suit.e. civil liberties suit.


80. Taxpayer X believes that the federal Endangered Species Act is unconstitutional. What will he have to show before his case can be heard on its merits?

a. that he has exhausted all other means to settle his grievanceb. that more than $10,000 is involvedc. that he has suffered personal harm as a result of enforcement of

the actd. that Congress will not change the lawe. that the legislative branch is incapable of addressing the issue

in a competent manner.


81. The rules regarding standing to bring a case to federal court involve all of the following except

a. the existence of a controversy between adversaries.b. the probability of reaching a satisfactory solution.c. evidence that actual harm has occurred.d. a stake in the outcome beyond that of being a taxpayer.e. A and C.


82. Under the doctrine of sovereign immunity, a citizen cannot

a. sue the government without its consent.b. bring two suits against one individual for the same crime.c. bring the same suit to courts in two different states.d. appeal a case that has already been ruled on by the Supreme

Court.e. appeal a case that was decided more than one year earlier.




83. The president's helicopter lands in your rose garden and causes thousands of dollars' worth of damage to your prize roses. Can you sue the government for damages?

a. Yes, without qualification.b. Yes, but only if the government gives its consent under the

sovereign immunity doctrine.c. No, because the government can be sued only when personal

injury is involved.d. No, because the sovereign immunity doctrine protects the

government from lawsuits.e. No, unless a neutral magistrate determines the act was

intentional.


84. Having taxpayer status does not entitle one to sue the government for actions of which one disapproves. Effort to ease this rule would be most likely to be opposed by

a. taxpayers.b. government bureaucrats.c. large interest groups.d. the mass media.e. print journalists.


85. Class-action suits are more advantageous than single-party suits in that they allow

a. extremely controversial issues to be adjudicated.b. the government to protect itself from frivolous suits.c. lawyers to practice without receiving fees.d. large groups of people to receive relief.e. lawyers to collect a smaller percentage of potential verdicts.


86. Brown v. Board of Education is an example of a

a. taxpayer suit.b. class-action suit.c. Section 1983 suit.d. reapportionment suit.e. client participatory suit.


87. The major reasons class-action suits became more common in recent years was that

a. they became financially attractive to lawyers.b. laws changed to deregulate such suits.c. the requirements for bringing such suits to court were easy to

satisfy.d. attorneys' fees could be shared among all plaintiffs.e. bar associations have insisted that lawyers participate in them.


88. Among the current members of the U.S. Supreme Court there is (are) ________ women.



a. nob. 2c. 3d. 4e. 5


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

a. attorney generalb. state judgec. prosecutord. defense attorneye. federal judge


90. Almost all of the justices on the current Supreme Court came to the court with previous experience as a

a. judgeb. prosecutorc. defense attorneyd. attorney generale. corporate lawyer


91. Republican presidents Nixon, Ford, Reagan and Bush appointed _____ of the current members of the Supreme Court.

a. 9b. 7c. 5d. 3e. 2


92. The current Chief Justice of the U.S. Supreme Court is

a. John Paul Stevens.b. David Souter.c. Anthony Kennedy.d. Clarence Thomas.e. William Rehnquist.


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

a. John Paul Stevens.b. David Souter.c. Anthony Kennedy.d. Clarence Thomas.e. William Rehnquist.




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

a. expanding settlement awards.b. reducing settlement awards.c. tightening the rules governing class-action suits.d. easing the rules governing class-action suits.e. expanding the scope of such suits in the field of commercial

activity.


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

a. a just cause and standing.b. standing and resources.c. resources and an opponent.d. an opponent and a just cause.e. a litigious action and connections in the judiciary.


96. In most cases presented to the Supreme Court, the bulk of the argumentation presented by either side will be found in the

a. brief.b. certiorari petition.c. oral argument.d. per curiam decision.e. complaint.


97. A key government official involved in the determination of whether a case should be appealed to the Supreme Court is the

a. plaintiff's lawyer.b. president.c. U.S. attorney general.d. U.S. solicitor general.e. Deputy Attorney General.


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

a. approve every case the federal government presents to the Supreme Court.

b. enforce the decisions of the Supreme Court.c. serve as the principal legal adviser, or counsel, to members of

the Supreme Court.d. maintain order in the Supreme Court's courtroom.e. direct participants in oral argument before the court.




99. Amicus curiae briefs amount to a form of

a. judicial red tape.b. judicial standing.c. judicial lobbying.d. dissenting opinion.e. concurring opinion.


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

a. appealing a decision directly to the president.b. consulting in the nomination process of a new Supreme Court

justice.c. writing an amicus curiae brief.d. raising a political question with the solicitor general.e. lobbying the American Bar Association.

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101. Sources of influence on Supreme Court justices include all of the following except

a. the ACLU.b. amicus curiae.c. law reviews.d. NAACP.e. legal aid societies.


102. A chief justice is able to exercise his influence most effectively by

a. setting the agenda.b. guiding the voting.c. guiding the debate.d. enforcing the decision.e. directing oral argument.


103. What happens if a vote by the Supreme Court ends in a tie?

a. The chief justice breaks the tie.b. A majority of both houses of Congress decides the case.c. The lower court decision is left standing.d. A vote cannot end in a tie because all nine justices must

participate in every vote.e. The U.S. Attorney General casts the deciding vote.


104. Among the types of written opinions issued by the Supreme Court are all of the following except

a. majority.b. per curiam.c. concurring.d. dissenting.e. mandatory.




105. The strongest type of Supreme Court opinion is a(n)

a. unanimous opinion.b. majority opinion.c. concurring opinion.d. dissenting opinion.e. plurality opinion.


106. Justice Ruth Bader Ginsburg, for example, votes on the side of a majority of Supreme Court justices on a particular case even though her reasoning differs from the others. She may choose to express her reasons in a(n)

a. dissenting opinion.b. concurring opinion.c. opinion of the Court.d. per curiam opinion.e. plurality opinion.


107. Typically, about ________ percent of U.S. Supreme Court opinions are unanimous.

a. one-halfb. three-fourthsc. one-thirdd. one-tenthe. two-fifths


108. The number of federal laws that have actually been overturned by the Supreme Court is

a. fewer than 20.b. approximately 50.c. between 75 and 100.d. well in excess of 100.e. over 3,000.


109. Supreme Court rather than congressional interpretation of acts of Congress can result from

a. constitutional interpretation.b. interpretation of federal laws.c. reversals of past precedents.d. the imposition of strict constructionism.e. conservative principles of the justices.




110. One measure of the policy-making role of the Supreme Court is the frequency with which it

a. supports the president.b. supports Congress.c. departs from stare decisis.d. challenges interest groups.e. upholds precedent.


111. An important reason federal courts follow precedent is that

a. lower court judges have less expertise than members of the Supreme Court.

b. the Fourteenth Amendment requires following precedent to avoid conflict with state courts.

c. the practice of stare decisis makes judicial decision making chaotic.

d. appellate courts are less likely to agree among themselves if the standards of decision making are too rigid.

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


112. The power of federal courts to make policy derives from all of the following except

a. their interpretation of existing laws.b. their extension of the reach of existing laws.c. their designing of imposed remedies.d. their enactment of new laws.e. their use of previous decisions.


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

a. the reluctance of these courts to deal with political questions.b. the number of state laws they declare unconstitutional.c. the number of federal laws they declare unconstitutional.d. the number of prior cases they overturn.e. the kinds of remedies they impose to correct situations.


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

a. the willingness of these courts to rule on political questions.b. the number of state laws they declare unconstitutional.c. the number of federal laws they declare unconstitutional.d. the number of legislators they appoint to the courts.e. the kinds of remedies they impose to correct situations.




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

a. power.b. fairness.c. partisanship.d. reaction.e. objectivity.


116. 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

a. partisan decision.b. stare decisis.c. writ of certiorari.d. policy-making remedy.e. concurring opinion.


117. Justices who believe the Supreme Court should change the direction of legislative policy are advocating

a. social Darwinism.b. natural law.c. strict constructionism.d. judicial restraint.e. judicial activism.


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

a. judicial activism.b. strict constructionism.c. interpretivism.d. conservative causes.e. natural jurisprudence.


119. A frequent criticism of judicial activism is that judges

a. have little expertise in managing policy areas.b. are helping the wrong people.c. do not exercise it enough.d. should do more research before becoming involved with

policy.e. are rarely informed about constitutional issues relevant in most

state legislatures.




120. Common criticisms of judicial activism include all of the following except

a. judicial activism works only when laws are devoid of ambiguous language.

b. judges are not elected and are therefore immune to popular control.

c. judicial activism often fails to account for the costs of implementing activist rulings.

d. judges usually have no expertise in designing and managing complex institutions.

e. B and D.


121. The argument that justices usually lack expertise in many aspects of society today is most likely to be used by those favoring

a. judicial activism.b. strict constructionism.c. liberal causes.d. conservative causes.e. legal realists.


122. The text's position is that the enormous increase in court cases and the degree of judicial activism by federal courts are most directly related to an increase in

a. lawyers.b. contending interests.c. congressional power.d. the size of the court system.e. the frivolous lawsuits encouraged by state bar associations.


123. Cases that come before the courts usually originate from

a. ambitious lawyers.b. contending interests.c. conflicting laws.d. free speech violations.e. incompetent trial court judges.


124. Between 1961 and 1990, the largest percentage increase in court cases occurred in the area of

a. libel.b. prisoner petitions.c. Social Security.d. economic regulation.e. civil rights.




125. The fastest growing portion of the federal courts' civil work load involves

a. economic regulation.b. environmental protection.c. states' rights.d. civil rights.e. libel.


126. An increase in cases is not the sole reason for the sweeping remedies imposed by courts. A second factor contributing to this trend is

a. the rise in the number of courts in the United States.b. the increasingly liberal ideology of federal court judges.c. laws that contain vague language.d. public distrust of Congress.e. low vote turnout.


127. Federal courts are offered opportunities for designing remedies in part because of Congress's role in

a. issuing mandates to the courts that encourage judicial activism.b. nominating federal judges.c. confirming judges without the advice of bar associations.d. stripping agencies of their regulatory powers.e. writing laws that require interpretation or litigation.


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

a. in almost every case.b. approximately two-thirds as often as it was reversed.c. approximately as often as it was reversed.d. in a distinct minority of the cases.e. rarely, if ever.


129. The ways in which the Supreme Court has interpreted ambiguities in the law can best be explained by

a. the justice’s commitment to fairness and objectivity.b. pressure-group activity.c. changing the views of the legislators.d. changes in legal education.e. the personal political beliefs of judges.




130. The fact that prayer continues in some public schools, even though the Supreme Court has declared it unconstitutional, is an example of

a. the slowness of the appeals process.b. ambiguity in the Court's decisions.c. lack of effective enforcement by the Court.d. the power of state government to countermand judicial rulings.e. the complexity of the rules relating to federal and state courts.


131. One restraint under which the federal courts operate is that

a. public opinion and election politics can undermine their efforts.b. their decisions can sometimes be ignored.c. the president can always fire a federal judge.d. Congress can always impeach a federal judge for backing an

unpopular position.e. Congress can reduce the salary of federal judges.


132. The 1952 steel mill seizure case is an example of the

a. limits of judicial power.b. U.S. commitment to the electoral process.c. ability of the Supreme Court to check the president.d. conflicting roles of the judicial and legislative branches of

government.e. the lack of consistency in the legislative process.


133. Congress can check the power of the federal judiciary in all of the following ways except

a. by confirming or not confirming nominees.b. by changing the number of judges.c. by initiating amendments of the U.S. Constitution.d. by interpreting laws themselves.e. B and C.


134. Which of the following statements about impeachment proceedings against federal judges is true?

a. They are effective restraints on the judiciary.b. They are quite frequent.c. They are usually brought by judicial activists.d. They are ineffective restraints on the judiciary.e. They have never actually resulted in the removal of a judge.




135. The most practicable course of action for a senator who does not like a constitutional decision by the Supreme Court is to

a. accept it nevertheless.b. seek a constitutional amendment.c. introduce a law to overturn it.d. solicit the president's support.e. seek a reduction in the size of the Court.


136. The Fourteenth Amendment overturned

a. Dred Scott v. Sandford.b. Marbury v. Madison.c. McCulloch v. Maryland.d. Brown v. Board of Education.e. Buck v. Bell.


137. One practicable way that Congress can get around an unfavorable Supreme Court ruling on a law is to

a. remove the judges who voted against the law.b. overturn the Supreme Court ruling.c. repass the law in slightly altered form.d. strip the Supreme Court of its enforcement authority.e. contract the original jurisdiction of the Court.


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

a. It exceeded the formal authority of the Supreme Court.b. It infuriated public opinion and harmed the Supreme Court.c. It resulted from an inaccurate determination of fact.d. It was widely applauded throughout the nation.e. It was the primary cause of the War Between the States.


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

a. Congress can determine the number of judges that sit on each court.

b. Congress can decide which judges will hear which cases in before these courts.

c. Congress can veto decisions of lower courts, unlike those of the Supreme Court.

d. lower courts cannot declare an act of Congress unconstitutional.

e. Congress can decide what types of cases these courts hear.




140. One effective tool that Congress has at its disposal for controlling the federal courts is the power to

a. impeach judges who back policies opposed by Congress.b. overturn Supreme Court rulings with which it disagrees.c. withdraw jurisdiction from the courts.d. strip federal courts of their enforcement authority.e. temporarily remove judges who are inordinately partisan in

their rulings.


141. In the 1868 habeas corpus case involving a Mississippi newspaper editor named McCardle, Congress sought to thwart the Supreme Court by

a. threatening to impeach the justices.b. withdrawing part of the Court's appellate jurisdiction.c. changing the original jurisdiction of the Court.d. changing the size of the Court.e. removing the Court from its building.


142. The Supreme Court is protected to a considerable extent from frontal attacks by president and Congress through

a. the logic of its decisions.b. the logic of its opinions.c. its own bureaucracy.d. its prestige in the nation.e. its carefully researched opinions.


143. Withdrawing some of the appellate jurisdiction of the Supreme Court would probably shift policy making to

a. lower federal courts and state courts.b. Congress.c. the president.d. state prosecutors.e. state governors.


144. Congress's removal of Supreme Court jurisdiction in an area where it was at odds with the Court might backfire because

a. another court might reinstate the earlier decision.b. public opinion is always on the side of the courts.c. Congress has no way to enforce such a decision.d. a presidential veto would doubtlessly intervene.e. state bar associations would protest.




145. If Congress passed a law to withdraw some questions from the jurisdiction of the Supreme Court, the latter would likely

a. declare that law unconstitutional.b. retaliate against Congress in other areas.c. reconsider the case that offended Congress.d. seek impeachment of key congressional leaders.e. remove itself from such cases before Congress could act.


146. When Supreme Court justices read law review articles commenting on their opinions, they are acknowledging

a. public opinion.b. the respect given to their own opinions.c. a judicial mandate.d. errors in public opinion.e. elite opinion.


147. Historically, the Supreme Court has been especially activist when

a. Congress was in transition from control by one party to control by the other.

b. the political system was undergoing considerable change.c. the president was weak and indecisive.d. Congress was weak and the president was strong.e. the state’s were without power.


148. Periods of partisan realignment often have the effect on the courts of

a. expanding them.b. contracting them.c. energizing them.d. intimidating them.e. diluting them.


149. Public confidence in the Supreme Court since 1976 has

a. remained unchanged.b. seesawed dramatically.c. increased steadily.d. decreased steadily.e. decreased steadily except in election years.




150. Public confidence in the Supreme Court at any given time is most closely related to

a. the appointment of a new justice to the Court.b. decisions that reflect either a clearly liberal or a clearly

conservative outlook.c. the popularity of government as a whole.d. the performance of the economy, especially with regard to

inflation.e. the perception of division on the Court.


151. Attempts by Presidents Nixon, Reagan, and Bush to produce a less activist court have been

a. totally unsuccessful.b. mostly unsuccessful.c. somewhat successful.d. very successful.e. difficult, if not impossible, to assess.


152. If the size and scope of government were reduced, we could expect

a. more judicial activism.b. less judicial activism.c. less judicial restraint.d. a smaller Court.e. a larger Court.


153. One cause of today's increased judicial activism is the fact that

a. more judges are willing to stretch the U.S. Constitution to achieve certain ends.

b. political parties are stronger today than they were fifty years ago.

c. interest groups employ more lawyers today.d. a majority of the Senate will simply not confirm anyone who is

not an activist.e. more judges believe they should be activists.

TRUE/FALSE QUESTIONS

Ans: FalsePage: 403

154. Clarence Thomas was confirmed by the closest vote in the history of Supreme Court nominations.

Ans: FalsePage: 403

155. Judges play little or no role in the policy making process in the United States.

Ans: FalsePage: 404

156. Great Britain has a strong tradition of judicial review.



Ans: FalsePage: 404

157. In reality, judicial review runs counter to the tradition of checks and balances in this country.

Ans: FalsePage: 404

158. A strict constructionist would apply a moral or economic philosophy to constitutional principles when deciding a case.

Ans: TruePage: 405

159. A judge can be both an activist and a conservative.

Ans: TruePage: 405

160. A judge can be both a strict constructionist and a liberal.

Ans: TruePage: 405

161. Fifty years ago, judicial activists tended to be conservative.

Ans: FalsePage: 405

162. Today, judicial activists tend to be conservative.

Ans: TruePage: 405

163. The Founders did not expect the judiciary to be as strong as the other branches of government.

Ans: TruePage: 405

164. The Founders would be surprised that the judiciary has played such a strong role in public policy formation.

Ans: TruePage: 405

165. The Founders expected judicial review to deal with narrowly defined matters and not broad policy.

Ans: TruePage: 405

166. Marbury v. Madison helped establish the powers of the early Supreme Court.

Ans: TruePage: 405

167. It was a matter of doubt for several generations after 1789 whether federal law or state law would prevail under the U.S. Constitution.

Ans: TruePage: 405

168. Early Supreme Court cases established that national law was in all instances supreme law.

Ans: FalsePage: 406

169. An early decision by the Supreme Court established the power of states to regulate commerce that occurs among them.



Ans: FalsePage: 407

170. In Dred Scott v. Sandford, the Supreme Court ruled that the federal government, and not the states, has the right to regulate commerce.

Ans: TruePage: 407

171. A direct cause of the Civil War was the Supreme Court ruling in Dred Scott v. Sandford.

Ans: FalsePage: 407

172. The dominant concern of the Supreme Court in the period following the Civil War was personal liberties.

Ans: TruePage: 407

173. The dominant issue in the federal courts in the period following the Civil War was whether the economy could be regulated by state and federal governments.

Ans: FalsePage: 408

174. In the period between the Civil War and the New Deal, the Supreme Court almost never allowed restrictions on business.

Ans: FalsePage: 409

175. Franklin Roosevelt's court-packing plan was unsuccessful because it was not enacted into law.

Ans: TruePage: 409

176. Franklin Roosevelt's court-packing plan achieved its ultimate goal of making the Supreme Court more responsive to his policies.

Ans: TruePage: 409

177. During the period from 1936 to the present, the Supreme Court established the tradition of the courts' deferring to the legislature on economic issues.

Ans: TruePage: 410

178. If Franklin Roosevelt’s court-packing plan had been activated, the Supreme Court may have had as many as fifteen members.

Ans: FalsePage: 411

179. The Supreme Court and the U.S. Courts of Appeals are the only federal courts that the Constitution requires.

Ans: FalsePage: 411

180. The Constitution specifies the number of justices on the Supreme Court should be between six and nine.

Ans: TruePage: 411

181. There are 94 U.S. District Courts in the federal court system.

Ans: TruePage: 411

182. The history of the Supreme Court seems to support the view that the federal government can pass almost any law authorized by the U.S. Constitution.



Ans: TruePage: 411

183. Some recent Supreme Court cases suggest that the Court has not abandoned the idea that states have some constitutional power to resist federal authority.

Ans: FalsePage: 411

184. Federal judges serve for life on constitutional and legislative courts alike.

Ans: TruePage: 411

185. One characteristic of constitutional courts as opposed to legislative courts is that judges cannot be fired.

Ans: TruePage: 411

186. Party background has some effect on how judges behave.

Ans: TruePage: 412

187. Oliver Wendell Holmes and Warren Burger are examples of Supreme Court justices whose decisions surprised the presidents who appointed them.

Ans: FalsePage: 412

188. Warren Burger is an example of a justice whose decisions met the expectations of the president who nominated him.

Ans: FalsePage: 412

189. Senatorial courtesy refers to the selection of Supreme Court justices.

Ans: TruePage: 412

190. The tradition of senatorial courtesy gives heavy weight to the preferences of the senators from the state where a federal district judge is to serve.

Ans: TruePage: 412

191. Senators wield great influence over the appointment of lower federal judges.

Ans: FalsePage: 414

192. Supreme Court nominees have been rejected as often as they have been confirmed in the twentieth century.

Ans: TruePage: 414

193. A political litmus test has its greatest impact on nominees to the Supreme Court.

Ans: FalsePage: 413

194. Republican judges tend to be more liberal than Democratic ones.

Ans: TruePage: 413

195. Democrats want judges who support abortion and are favorable to affirmative action.



Ans: TruePage: 413

196. The use of the litmus test as a mechanism to select federal judges became much more important during the period of divided government of the 1990s.

Ans: TruePage: 413(Figure 14.1)

197. Presidents Nixon and Ford made no female and no minority appeals court appointments.

Ans: FalsePage: 413(Figure 14.1)

198. President Bush made no minority district court appointments.

Ans: FalsePage: 414

199. By a dual-court system, we mean one that has both constitutional and legislative courts.

Ans: FalsePage: 414

200. The U.S. Constitution does not specifically spell out the jurisdiction of the federal courts.

Ans: TruePage: 414

201. Some cases can be tried in either federal or state courts.

Ans: FalsePage: 414

202. The litmus test issue is of minimal importance in selecting Supreme Court justices.

Ans: TruePage: 414

203. Almost thirty presidential nominations to the Supreme Court have failed.

Ans: FalsePage: 414

204. Nominations to U.S. District Courts are much more likely to fail than nominations to the Supreme Court.

Ans: FalsePage: 416

205. Most cases heard by federal courts begin in appellate courts.

Ans: FalsePage: 416

206. Those who lose cases before federal regulatory commissions can always appeal to the Supreme Court.

Ans: FalsePage: 416

207. Only on cases of automatic appeal is the Supreme Court most likely to make decisions that broadly affect policy.



Ans: FalsePage: 416

208. Approval of a petition for certiorari requires a majority of the justices.

Ans: FalsePage: 416

209. Only two justices are required to approve a petition for certiorari.

Ans: TruePage: 416

210. Relatively few cases that are appealed are granted certiorari.

Ans: FalsePage: 417

211. The Gideon case opened the door for a flood of Supreme Court cases whose costs were paid by interest groups.

Ans: FalsePage: 417

212. The Supreme Court reviews only 10 to 12 percent of appeals court cases.

Ans: TruePage: 417

213. One consequence of the Supreme Court’s heavy workload is the increase in influence wielded by law clerks.

Ans: FalsePage: 416

214. An application for certiorari costs $3,000.

Ans: FalsePage: 418

215. Fee shifting is prohibited by federal law.

Ans: TruePage: 418

216. When a corporation is found guilty of violating antitrust laws, it must pay the legal fees of the winner. This is called fee shifting.

Ans: FalsePage: 418

217. Standing is automatically accorded to any party who wishes to bring a case in federal court.

Ans: TruePage: 418

218. Standing is a legal concept that determines who is entitled to bring a case.

Ans: TruePage: 418

219. Personal harm must be demonstrated before standing is granted.

Ans: TruePage: 419

220. The Brown desegregation suit in 1954 benefited a broad category of people not formally involved in the case.

Ans: False 221. Both the NAACP and Linda Brown benefited financially from the



Page: 419 Supreme Court's ruling in Brown v. Board of Education.

Ans: FalsePage: 420

222. After 1974, the rules pertaining to class-action suits were loosened to allow more cases to be brought to court.

Ans: FalsePage: 420

223. It is usually difficult to bring a class-action suit in most state courts.

Ans: TruePage: 420

224. Most of the justices currently on the Supreme Court came to the Court with previous judicial experience.

Ans: TruePage: 420

225. Most of the justices currently on the Supreme Court came to the Court with previous judicial experience in the federal court system.

Ans: TruePage: 420

226. Seven of the nine justices on the current Supreme Court were appointed by presidents who were Republican.

Ans: FalsePage: 421

227. Only rarely is the federal government named as a party to a case before the Supreme Court.

Ans: TruePage: 421

228. The federal government is party to about one-half of the cases heard by the Supreme Court.

Ans: TruePage: 421

229. Amicus curiae means "friend of the court" and is a brief typically filed by an interested party who is not part of the suit.

Ans: FalsePage: 422

230. A per curiam opinion is the same as an opinion of the Supreme Court.

Ans: TruePage: 422

231. Per curiam decisions are brief and unsigned.

Ans: FalsePage: 422

232. The majority view in a Supreme Court decision is reflected in the concurring opinion.

Ans: TruePage: 423

233. On average, the Supreme Court declares federal laws unconstitutional less than two times a year.

Ans: FalsePage: 423

234. Most of the federal laws declared unconstitutional by the Supreme Court since 1937 have had broad national significance.



Ans: FalsePage: 423

235. Stare decisis is a principle used in the overturning of earlier court decisions.

Ans: TruePage: 423

236. Stare decisis is an informal rule that a current case should be decided in accordance with earlier decisions on similar cases.

Ans: TruePage: 423

237. One obvious complication with the “principle of precedent” is that what constitutes a “similar” case is not always clear.

Ans: TruePage: 423

238. The Court is more likely to overturn its own precedents than it is to exercise judicial review on federal laws.

Ans: TruePage: 424

239. Political questions that once would not have been heard by the Supreme Court have become more likely to be heard lately.

Ans: FalsePage: 424

240. The political question doctrine is an important barrier to judicial power today.

Ans: TruePage: 424

241. An important measure of judicial power is the kind of remedy or remedies it imposes to correct wrongs.

Ans: TruePage: 424

242. Perhaps the strongest argument for judicial activism is that the courts are needed to correct injustices when other branches of government refuse to do so.

Ans: FalsePage: 424

243. One argument in favor of judicial activism is the insulation of justices from many real-world concerns.

Ans: FalsePage: 424

244. Probably the major reason why courts have become so activist is the large number of lawyers in this country.

Ans: TruePage: 426

245. Contending interests, and not an abundance of lawyers, is probably the major reason why courts have become so activist.

Ans: FalsePage: 426

246. Sweeping judicial remedies become more likely as the number of Supreme Court cases increases.

Ans: TruePage: 426

247. Hearing more cases by itself does not necessarily lead the federal courts to sweeping judicial remedies.



Ans: TruePage: 426

248. Laws and the U.S. Constitution are filled with vague language, which calls for frequent interpretation by the courts.

Ans: TruePage: 426

249. According to the text, the personal opinions and attitudes of judges “powerfully affect” their decisions.

Ans: FalsePage: 427

250. The federal government is increasingly on the offensive in court cases.

Ans: TruePage: 427

251. Supreme Court decisions can sometimes be ignored without fear of prosecution.

Ans: FalsePage: 427

252. One of the strongest checks on the federal courts is the impeachment of justices.

Ans: TruePage: 427

253. Impeachment is too rarely used on federal judges to have much of an effect on their behavior.

Ans: FalsePage: 427

254. The Supreme Court would be helpless in the face of a congressional limitation on its powers.

Ans: TruePage: 428

255. The Supreme Court could declare unconstitutional any legislation that sought to forbid remedies that the Court might desire.

Ans: FalsePage: 427

256. Only the president has the right to change the number of judges sitting on the Supreme Court.

Ans: TruePage: 429

257. Courts outside the United States declare laws unconstitutional in different ways.

Ans: FalsePage: 428

258. Once a law has been ruled unconstitutional, Congress is powerless to do anything about it.

Ans: TruePage: 428

259. Congress can change the jurisdiction of federal courts.

Ans: FalsePage: 429

260. The federal courts have generally been most active during times of relative tranquility in the country.



Ans: FalsePage: 429

261. One argument for judicial activism is that public opinion favors it.

Ans: TruePage: 430

262. In general, the major features of court activism and liberalism during the Warren years have remained intact.

Ans: TruePage: 430

263. Judicial activism is widely accepted by many judges, liberal and conservative alike.

SHORT ANSWER QUESTIONS264. Sketch the history of the development of the federal judiciary, paying attention to the dominant issues

handled by federal courts in three eras: from the founding to the Civil War; from the Civil War to the New Deal; from the New Deal to the present.

Answer

a. Founding to Civil War: establishment of national supremacy over the states; slavery

b. Civil War to New Deal: possibility and scope of government regulation of the economy; Fourteenth and Fifteenth Amendments

c. New Deal to present: economic regulation and political liberties

Page: 405-411

265. Explain the differences between a constitutional court and a legislative court.

Answer

a. Constitutional court: judicial powers found in Article III; judges serve during good behavior and their salaries cannot be reduced

b. Legislative court: created by Congress for a special purpose; judges serve fixed terms and can be removed; judges' salaries can be reduced

Page: 411

266. Explain the legal basis for the federal courts' jurisdiction over cases. Explain the different kinds of cases that can be heard by federal courts.

Answer

a. Legal basis: Article III, Eleventh Amendment

b. Types of cases: federal questions; diversity of citizenship cases triable in federal or state courts

Page: 414-417

267. How has the Supreme Court affected access to the judiciary? Why has it done so?

Answer

a. Easier access: free attorney available in a criminal case for an indigent defendant; fee shifting; class-action suits

b. Access more difficult: standing (case or controversy, personal injury; taxpayer suits; individual notification)

c. Why: growth in backlog of cases; ideology of activism



Page: 417-420

268. Discuss the concept of standing in terms of bringing a case to court.

Answer

a. Must be an actual controversy

b. Must be personally harmed by a law or practice

c. Being a taxpayer ordinarily not enough to challenge a government action

Page: 418-419

269. Why is following precedent important?

Answer

a. To prevent judicial decisions from being unpredictable

b. Equal justice requires treating similar cases similarly

Page: 423

270. Discuss the arguments for and against the Supreme Court's broad policy-making authority. Is this what the Founders intended?

Answer

a. Forms of policy making: selection of cases that will raise the opportunity for policy making, willingness to decide a case more broadly than needed to resolve the specific dispute, ordering remedies that affect more than the immediate litigants

b. Pro: other branches are allowing injustice to continue; Court is less susceptible to special interest groups

c. Con: policy in a representative democracy is assumed to be made by elected officials; judges lack expertise in day-to-day administration of remedies

d. Founders: no; Court was assumed to be the "least dangerous branch"

Page: 423-424

271. How is judicial activism both supported and criticized?

Answer

a. Supported: courts should correct injustices when other branches refuse to do so; courts defend those without influence

b. Criticized: judges do not have expertise; implementation requires balancing conflicting needs; judges are not elected

Page: 424-426

272. Discuss the ways in which Congress can seek to check the power of the federal courts, and comment on whether you think that these checks are desirable or undesirable.

Answer

a. Confirmation and impeachment proceedings

b. Altering number of judges

c. Amending legislation or the U.S. Constitution

d. Altering courts' jurisdiction

Page: 427-430



ESSAY QUESTIONS273. While the Supreme Court is the most powerful authority in the judiciary, it hears relatively few cases.

Discuss the limitations (legal, political, and self-imposed) on the ability of cases to reach the Supreme Court, explaining the purpose behind each restriction.

Answer

a. Restrictions imposed by federalism: the U.S. Constitution defines the types of cases over which federal courts have jurisdiction, with the rest handled by state courts

b. Restrictions imposed by separation of powers: political question doctrine, sovereign immunity, and congressional control over appellate jurisdiction

c. Restrictions imposed by case load: most cases are rejected, standing and class-action requirements have been narrowed, a vote of four justices is needed to hear certiorari appeals

d. Restrictions imposed by public opinion: the Supreme Court will, at times, avoid cases to evade a negative public backlash

e. Restrictions imposed by judicial tradition: courts are reluctant to take cases that may require a departure from precedent; judges accepting strict constructionism are less likely to assert judicial power

Page: 420-426

274. It has been argued that the United States has become a "government by judiciary." Is this assessment accurate? Discuss the power of courts to make policy and whether the checks imposed against federal judges are sufficient to restrain arbitrary decision making on their part.

Answer

a. Judges have great latitude in making policy. First, laws are frequently vague, enabling discretion in interpretation.

b. Second, attitudes of judges affect decision making because similar cases are decided differently by different judges.

c. Constitutional policy clearly varies with public opinion. Periods of judicial activism correspond with changes in the political system.

d. Numerous checks exist against arbitrary judicial behavior. Congress can impose several restrictions upon federal courts: alter jurisdiction, propose constitutional amendments, alter the number of judges, and use of the power of impeachment.

e. Public opinion has, at times, curbed judicial activism.

f. The case load of the Supreme Court severely restricts the number of cases it hears. Fewer than 1 percent of cases heard in courts of appeal reach the Supreme Court.

g. The Supreme Court itself has curtailed federal judicial power in the areas of class-action suits and standing requirements.

h. Courts do not have the power of enforcement.

Page: Ch. 14


test bank11 the judiciary

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