The Judiciary Test Bank

1. Which of the following correctly states the relationship between the federal and state

judiciaries?

A. Federal courts are higher courts than state courts and may overturn state

decisions on any grounds.

B. The two are entirely autonomous, and neither ever hears cases that originate

in the other.

C. The two are generally autonomous, although federal courts may rule on the

constitutionality of state court decisions.

D. State courts are trial courts; federal courts are appeals courts.

E. State courts try all cases except those that involve conflicts between two

states which are tried in the federal courts.

2. Cases of Equity can be defined as cases that cannot be resolved by:

A. natural law C. the Supreme Court

B. common law D. lower federal courts

E. the Congress

3. Which of the following is an example of the Supreme Court accepting a case based

on original jurisdiction?

A. an appeal by a state regarding the decision of a lower court to overturn the

state’s restrictive abortion law.

B. a habeas corpus petition from a convict who is on death row.

C. a suit on the part of a citizen who believes his 1st Amendment rights are

being violated.

D. a dispute between environmentalists and land developers regarding the

constitutionality of the Endangered Species Act.

E. a dispute between New York and New Jersey over the plans of New York

to build a hotel on Ellis Island.

4. Proponents of judicial restraint make which of the following arguments?

A. It should be the role of Congress, not the Court, to make policy.

B. The interest of government is not realized by a Court that won’t make crucial

decisions.

C. States should be able to develop their own laws without having to worry

about federal court interpretation.

D. The federal system will be strengthened by a court that rules state laws

unconstitutional.

E. The Court could initiate, not facilitate, judicial precedent.

5. The Supreme Court has the constitutional authority to check Congress by

A. vetoing legislation signed by the president.

B. settling disputes among states.

C. applying original jurisdiction to cases brought before them on appeal.

D. declaring parts of legislation unconstitutional.

E. assigning the Chief Justice to preside over the impeachment trial of the

Speaker of the House.

6. During what time period was the dominate issue in the Supreme Court the

relationship between the government and the economy?

A. 1780- 1801 C. 1835- 1865 E. 1937- present

B. 1801- 1835 D. 1865- 1937

7. Historically, the Supreme Court has been most powerful during times when

A. broad public consensus existed on the proper course of action.

B. political parties were strong and cohesive.

C. political parties were weak, deeply divided, and/or undergoing a realignment.

D. the president and Congress were in general agreement with their

policies.

E. the members of the Supreme Court itself were in general agreement with

one another on major issues.

8. A writ of certiorari from the Supreme Court indicates that the Court

A. will review a lower court decision.

B. has rendered a decision in a case.

C. has decided not to hear an appeal.

D. will recess until the end of the calendar year.

E. plans to overturn one of its previous rulings.

9. Which of the following committees is responsible for reviewing Supreme Court

nominees?

A. House Judiciary C. House Rules

B. Senate Judiciary D. Senate Appropriations

E. House Ways and Means

10. Supreme Court cases mainly derive from

A. plea bargains that fail.

B. Congressional legislation that is vetoes.

C. state legislation that goes unchallenged.

D. original jurisdiction cases.

E. appellate jurisdiction cases.

11. Which of the following actions requires Senatorial courtesy?

A. A bill introduced by a senator from one state must get agreement from the

other senator in that state.

B. Members of the same party agree on the order of legislation.

C. Senators from the state in which a judicial appointment is being made by

the president are informed of who the candidate is prior to the actual

appointment.

D. The majority leader of the Senate informed the minority leader who he is

appointing as committee chairmen.

E. The president informs the chairman of the Judiciary Committee of a

Supreme Court nominee prior to the announcement.

12. An example of a decision that would be classified as activist is

A. San Antonio v. Rodriguez B. Dred Scott v. Sanford

C. Plessy v. Ferguson D. Brown v. Topeka Board of Educ.

E. New Jersey v. TlO

13. The vast majority of cases heard by federal courts begin in

A. the state courts B. the court of appeals

C. the legislative courts D. the Supreme Court

E. the district courts

14. Which Chief Justice is best known as the head of a court pursuing judicial restraint?

A. John Marshall C. Roger B. Taney

B. William Rehnquist D. Earl Warren

E. Warren Burger

15. Acceptance of a writ of certiorari is based on all the following criteria except

A. a recommendation by any of the Supreme Court justices.

B. a court decision that conflicts with precedent.

C. a court of appeals decision that conflicts with another court of appeals

decision. D. inconsistencies between courts of different states.

E. a split decision in the court of appeals.

16. Who has the power to increase the size of the Supreme Court?

A. the voters B. by presidential appointment acting alone

C. the Congress D. through constitutional amendment

E. the Supreme Court

17. Judicial activists would probably support which of the following rulings made by

the Supreme Court?

A. An abortion case that ruled there should be a 24-hour waiting period before

a woman could get an abortion.

B. A search and seizure case limiting the no-knock restrictions placed on the

police.

C. A death penalty habeas corpus appeal to the federal court which was turned

down.

D. a free speech case where a provision of a congressional act restricting access

to obscene sites on the internet was declared unconstitutional.

E. a free press case giving school officials greater latitude in censoring school

newspapers.

19. Which represents a major reason for the submittal of an amicus curiae brief?

A. The Court must rely on precedent cases.

B. A friend of the court wishes to provide additional information to the Court.

C. Lower courts must provide transcripts of its decisions.

D. The Supreme Court requires related interests in the case to submit briefs.

E. The brief from the petitioner provides amended information about the case.

20. Federal district courts do not try military cases, claims brought against the US

government, or tax disputes between citizens and the government because

A. they cannot be expected to rule impartially on cases involving the

government.

B. original jurisdiction for such cases belongs to the Supreme Court.

C. such cases are tried exclusively in state courts.

D. Congress has created special legislative courts to deal specifically with such

cases.

E. federal law prohibits citizens from bringing such cases under any

circumstances.

21. Which Chief Justice is best known as the head of an activist court?

A. Salmon Chase C. Earl Warren E. William Rehnquist

B. Roger B. Taney E. Warren Burger

23. The influence of the principle of precedent in Supreme Court policy making is most

accurately described in which of the following?

A. Once precedent is set, it is almost never revoked.

B. Today many previous court cases are overturned, making precedent almost

meaningless.

C. For many years, decisions of judges were almost totally unpredictable,

but in this century, precedent is a major stabilizing force in court decisions.

D. Precedence is an important basic guideline for Supreme Court decisions,

but the Court is flexible enough to overturn previous decisions.

E. Precedence is not as important as it once was because it violates the principle

of equal justice.

24. A procedure that the Supreme Court can use to call a case from a lower court

because the decision involves a “substantial federal question” is called

A. appellate jurisdiction B. discharge petition

C. writ of certiorari D. judicial activism

E. ‘discuss list’

25. Which of the following most accurately describes “bloc” voting among justices of

the Supreme Court?

A. The liberals tend to vote together, as do the conservatives.

B. Scholars have not been able to determine any consistent pattern of bloc

voting among justices.

C. Liberal justices and conservative justices tend to vote together on cases

involving civil liberties but not economics.

D. Liberal justices and conservative justices tend to vote together on issues

involving economics but not on civil liberties.

E. Justices tend to vote together consistently as liberals and conservatives

within each of the two dimensions: civil liberties and economics.

26. Denial of review means all except

A. Supreme Court will not hear the case.

B. lower court’s decision stands.

C. precedent is binding on lower courts.

D. case is finished.

27. Supreme Court justices will write concurring opinions when

A. they disagree with the decision of the Court

B. they think the Court erred in not hearing a case.

C. they agree with the decision for a reason different from the one stated in the

majority decision.

D. the Court reverses an opinion without comment.

E. the dissenting justices want their opinions heard

28. A political question is

A. any case involving politics.

B. a question judges think should be decided by other branches.

C. one involving a redistricting suit.

D. one brought in a lawsuit by a political party.

29. The Supreme Court can intrude on state court decisions in all cases except:

A. when the question involves the interpretation of the state constitution.

B. when there is a disagreement over interpretation of the Constitution.

C. when there is a conflict over the interpretation of federal law.

D. when the question involves a federal agency regulation.

30. A Supreme Court that demonstrates a willingness to change public policy and alter

judicial precedent is said to be engaging in

A. judicial activism B. due process

C. judicial restraint D. ex post facto lawmaking

E. judicial review

31. A writ of certiorari from the Supreme Court indicates that the Court

A. will review a lower court decision

B. has rendered a decision on a case

C. has decided not to hear an appeal

D. will recess until the end of the calendar year

E. plans to overturn one of its previous rulings

33. The power of the Supreme Court to declare laws unconstitutional was first

established

A. through executive order

B. by the Twelfth Amendment

C. by federal statute

D. in Article III of the Constitution

E. in Marbury v. Madison

34. Which of the following has NOT been used to limit the judicial powers of the

federal courts?

A. Legislation to circumvent a previous decision

B. Amendment to the U.S. Constitution

C. Failure to provide funds to implement court decisions

D. Term limitation for the federal judiciary

E. Senatorial rejection of Supreme Court nominees

35. Congress has the constitutional power to control the judicial branch by

A. determining the size of the Supreme Court

B. nominating the Chief Justice of the Supreme Court

C. censuring judges for unethical behavior

D. reducing the salary of judges while they are in office

E. altering the original jurisdiction of the Supreme Court

36. In the United States judicial system, when a judge decides a case based on

decisions rendered in similar cases in the past, the judge is following the

principle of

A. amicus curiae B. stare decisis

C. justiciability D. diversity E. certiorari

37. Senate confirmation of appointments to the Supreme Court illustrates the

principle of

A. senatorial courtesy B. federalism

C. checks and balances D. judicial review

E. iron triangles

38. Which of the following is the primary function of the Senate Judiciary Committee?

A. Conducting oversight hearings on the Supreme Court budget

B. Conducting investigations into allegedly subversive activities

C. Conducting hearings on judicial appointments made by the President

D. Conducting investigations of wrongdoing by the executive branch

E. Initiating appointments to the Supreme Court

39. Which of the following is empowered to create new federal courts and specify

the number of judges who will sit on them?

A. The Supreme Court B. Congress

C. The President D. The Department of Justice

E. The attorney general

40. When a lower court decision is appealed to the Supreme Court, which of the

following is MOST likely to occur?

A. The Supreme Court will reconsider the case, and overturn the lower court

decision

B. The Supreme Court will reprimand the lower court judge for improperly

deciding the case

C. The plaintiffs or defendants will file motions for a change of venue

D. The case will be retried at the lower court level

E. The Supreme Court will not hear the appeal

41. A major reason why the majority of Supreme Court justices have had political

experience prior to appointment to the Court is that

A. justices are expected to act like politicians in their decision-making

B. Presidents seek to place individuals on the Court whose policy views

are similar to their own

C. the Senate will refuse to confirm any nominee to the Court who is not familiar

with the political process

D. appointment to the Supreme Court is a reward for political party loyalty

E. the Court is expected to defer to the political branches in making its

decisions

42. Which of the following is true of nominees for federal judgeships?

A. They are recruited from the current pool of U.S. attorneys

B. They are nominated by the Senate and approved by the House.

C. They are elected in popular elections in individual states

D. They must receive an approval of the American Bar Association upon

nomination

E. They are appointed for life by the President with the advice and consent

of the Senate

43. In the United States, most criminal cases end in

A. a plea bargain negotiated by the defense and prosecution

B. an appeal to the U.S. Court of Appeals

C. an appeal to the state court of appeals

D. a trial by judge

E. a trial by jury

44. Citizen X is suing his neighbor Citizen Y for ramming his $30,000 car. This case

could be heard in

A. a federal court

B. either federal or state court

C. a state court

D. an appellate court

45. 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 since nine justices always decide on a case

E. The vote of the least senior member is eliminated

46. 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 of the Court's decisions

C. lack of effective enforcement by the Court

D. the power given to states to countermand judicial rulings

E. the lack of legitimacy given to the Court

47. The removal of federal judges from their positions is left to

A. the Chief Justice B. the President

C. the House of Representatives D. the Senate

E. once appointed, federal judges cannot be removed from office

48. Questioning of prospective jurors to determine whether they are

sufficiently unbiased to serve is referred to as

A. stare decisis questioning B. peremptory challenging

C. causal summation D. debriefing

E. voire dire questioning

49. The duty of a grand jury is to

A. decide if a defendant is guilty in a criminal case

B. decide whether to award damages in a civil case

C. determine the crime for which a person will be charged

D. decide whether or not to issue a bill of indictment in a felony case

E. determine the sentence in a capital case

50. An example of cross-examination would be

A. the questioning of potential jurors by the prosecution lawyer and then

the defense lawyer

B. the questioning of defense witnesses after all of the prosecution

witnesses had been questioned

C. the questioning of a prosecution witness by the defense lawyer

D. the questioning of a hostile defense witness by the defense lawyer

E. all of the above

51. The guarantee of a grand jury is found in what section of the Constitution?

A. Article III B. Article VII C. Amendment I

D. Amendment V E. Amendment 14

52. The number of petit jurors required in a federal criminal trial is

A. 16 to 23 B. 6 to 12 C. 23

D. 12 E. decided by the both sides

53. The case of Gideon v. Wainwright decided that

A. the Supreme Court must accept informa pauperis cases

B. a lawyer must be provided if a defendant is unable to afford one

C. in certiorari requests must be filed by lawyers

D. a trial must be held in the location of the crime

E. all appeals to the Supreme Court must be paid for by the Court

54. If a trial is held in a place other than where the crime took place, then

A. a plea bargain was agreed to

B. a change of venue was requested by the defense

C. a change of venire was requested by the prosecution

D. the original judge recused herself

E. a request for a habeas corpus writ was granted

55. Which of the following is true of court cases in which one private party is suing

another?

a. they are tried in civil court

b. the federal court system has exclusive jurisdiction over them

c. they are tried in criminal court

d. the state court system has exclusive jurisdiction over them

they are tried before a grand jury

56. Which of the following is true of the Supreme Court?

a. every case appealed to the Supreme Court is ruled upon by the Court

b. The Court helps set the public agenda by deciding which cases to hear

c. The Court hears all cases when two or more justices agree that the case

has merit

d. In deciding cases, the chief justice's vote counts as two votes

e. The Court does not rule on cases in which five justices refuse to sign

an opinion

57. The Supreme Court has used the Fourteenth Amendment to apply portions of the

Bill of Rights to state law by citing the amendment's

a. prohibition against unreasonable search and seizure

*b. due process clause

c. guarantee of privacy rights

d. abolition of slavery

e. "reserved powers" provision

58. Which of the following is true of federal judges?

a. they serve four-year terms that coincide with the presidential term

b. they are appointed for life and can only be removed by impeachment

c. they are elected by Congress and serve ten-year terms

d. They are appointed for life and cannot be removed from office

e. They are appointed by the Supreme Court to life terms

59. In Planned Parenthood v. Casey, the Supreme Court upheld all of the following

provisions of the law restricting abortion EXCEPT

a. the legality of abortions if the fetus is not viable

b. parental notification in the case of an unmarried minor

c. spousal notification in the case of a married woman

d. a twenty-four hour waiting period before obtaining an abortion

e. requiring that medical personnel provide information about alternatives to

abortion

60. If, in reaching a judicial decision, a court relies upon the reasoning in an earlier

case, the court relied upon

a. precedent b. the Constitution

c. common sense d. a statute

e. the Chief Justice

61. A "concurring opinion" by a judge means

a. the judge supports the President

b. the judge strongly opposes the court's decision

c. the judge agrees with the majority reasoning, but rejects their conclusion

d. the judge agrees with the majority conclusion, but rejects their reasoning

e. the judge has refused to write a decision in the case

62. Double jeopardy, the portion of the Fifth Amendment that mentions “ no person

shall be put twice in jeopardy for the same offense,” was meant to accomplish

which of the following?

a. It avoids the need for a criminal jury to reach unanimous verdicts.

b. It prohibits the accused from being tried in both civil and criminal courts,

as in the case of O.J. Simpson

c. It prevents the police and prosecutors from introducing new evidence after an

acquittal has been granted

d. It prevents criminals from seeking an appeal to an earlier conviction

e. It created the concept of the “mistrial” and “hung jury”

63. Which of the following is true of an ex post facto law?

a. They can apply to neither criminal nor civil laws

b. A law may not be passed after the fact if it will permit amnesty or other

leniency towards a previous criminal act

c. They may apply to both civil and criminal laws

d. They may be applied to civil but not criminal law

e. An ex post facto law is not constitutional because it violates the principle

of “no double jeopardy”

64. The tradition of senatorial courtesy is criticized because

a. it effectively allows a senator to nominate a federal judge

b. it gives too much power to the Senate to investigate judicial nominees

c. it gives the President Pro Tempore responsibilities not provided for in

the Constitution

d. it allows the Senate Judiciary Committee to delay hearings on a judicial

appointment

e. it allows the Senate Judiciary Committee alone rather than the full Senate

to reject a nominee to the federal bench

65. Which of the following courts has only original jurisdiction?

a. U.S. Court of Appeals for the ninth Circuit

b. California Supreme Court

c. U.S. District Court of the Southern District of New York

d. New York State Court of Appeals

e. U.S. Supreme Court

66. The Supreme Court will agree to hear a case when

a. the Chef Justice orders it

b. only if a majority of the justices agree

c. a single justice insists a case be put on the docket

d. it is a referral from a state Supreme Court

e. four justices agree

67. All of the following statements about the judicial branch are true EXCEPT

a. The overwhelming majority of criminal cases are handled in state courts

b. Only judges determine verdicts in cases in federal courts

c. The only court specifically established in the Constitution is the Supreme

Court

d. Most judges that sit on state or municipal courts are elected

e. Most cases come to the Supreme Court on appeal from the lower federal

courts

68. An important difference between constitutional courts and legislative courts is

a. judges in legislative courts serve for a fixed term

a. only legislative courts are established by Congress

c. constitutional courts do not have jury trials

d. the jurisdiction of legislative courts is broader

e. the Constitution only mentions constitutional courts

69. Prerogatives of the Chief Justice of the Supreme Court include

I. determining the cases on the "discuss" list

II. nominating the next Chief Justice

III. assigning the opinion when in the majority

IV. determining the order of seating when the court is in session

a. I only

b. I and II only

c. I, II, and IIII only

d. III only

e. I and III only

70. Supreme Court Justice William O. Douglas said, "I don't follow precedents.

I make 'em." This statement reflects

a. judicial conservatism

b. judicial activism

c. strict constructionism

d. judicial restraint

e. stare decisis

71. A ruling made by a court of appeals is

a. valid only within the states that make up the circuit of that court

b. automatically brought to the Supreme Court

c. most likely the result of a decision of all the judges in the circuit

d. based on the factual evidence brought in a trial

e. made on the basis of oral argument alone

72. When President Andrew Jackson heard about the Supreme Court's decision

in Worcester v. Georgia (1832), he is said to have remarked, "….John

Marshall (Chief Justice) has made his decision, now let him enforce it!."

This raises the issue of

a. judicial nationalism

b. judicial federalism

c. judicial implementation

d. judicial review

e. judicial jurisdiction

73. In establishing the Judicial branch, Article III of the Constitution provided for

all of the following EXCEPT

a. original jurisdiction of the Supreme Court

b. the scope of appellate jurisdiction

c. the definition of treason

d. trial by jury

e. Office of the Attorney General

74. The Supreme Court is most likely to hear a case when

A. two courts of appeal have ruled in different ways on the same issue

B. directed to do so by the Solicitor General of the U.S.

C. the Congress indicates that the issue is important

D. the president expresses an opinion on a matter on appeal

E, the Court's calendar has an open date for oral argument

75. If the case of a poor criminal defendant is granted a writ of certiorari, the

Supreme Court

a. asks an interest group like the ACLU to represent the individual

b. allows the defendant to give her/his own oral argument

c. appoints an attorney to handle the case

d. still requires the defendant to pay all fees and costs

e. asks the Justice Department to provide counsel

76. All of the following are legislative courts EXCEPT

a. U.S. Court of Claims

b. U.S. District Court

c. Court of Veteran's Appeals

d. U.S. Tax Court

e. U.S. Territorial Courts

77. An independent federal judiciary is the purpose of

a. having federal judges elected every seven years

b. having the president appoint federal judges with the advice and consent

of the senate

c. using the impeachment process for alleged wrongdoing by a federal judge

d. lifetime tenure for almost all federal judges

e. congressional hearings into the fitness of a person to serve as a federal

judge before her or his appointment

78. All of the following are cases of original jurisdiction of the Supreme Court EXCEPT

a. A case between two or more states

b. A case involving an appeal based on denial of due process

c. A case between one state and citizens of another state

d. A case involving a foreign diplomat

e. A case between a state and a foreign nation

79. Conservatives would most likely support which of the following Supreme

Court decisions?

a. Upholding the Miranda rule

B. Ban on prayer led by students at high school football games

C. Striking down of a law banning partial birth abortions

D. Decision to hear an appeal from a death row inmate

E. Upholding of a law that allowed federal money to be used to purchase

computers for parochial school students

2010 additions

80. A president is LEAST likely to appoint which of the following to the Supreme Court?

A. a woman justice of a state supreme court

B. a Court of Appeals judge from his / her home state

C. An Hispanic who served as Solicitor General

D. A Court of Appeals judge from the other party

E. A professor of the Harvard Law School

81. Which of the following statements about the relationship between Congress and

the Supreme Court is valid?

A. A decision can be overturned by a 2/3 vote of both houses

B. Nominations to the Supreme Court must be approved by Congress

C. A constitutional amendment is the only way Congress can overturn

a Supreme Court decision

D. Congress can expand the jurisdiction of the Supreme Court through

Legislation

E. Congress can impeach a Supreme Court justice

82. Which of the following statements about judicial review is NOT true

A. Judicial review gives the Supreme Court the power to declare an action by

the president unconstitutional

B. The Supreme Court decision in Marbury v. Madison was based on judicial

Review

C. Judicial review is specifically mentioned in the Constitution under the powers

of the Supreme Court

D. Judicial review can significantly impact the meaning of the Constitution

E. The power of the Supreme Court to declare a law unconstitutional was

recognized in the Federalist Papers.

83. Which of the following courts has only original jurisdiction

A. U.S. Court of Appeals for the Ninth Circuit

B. California Supreme Court

C. U.S. District Court of the Southern District of N.Y.

D. N.Y. State Court of Appeals

E. U.S. Supreme Court

84. In making nominations to the federal courts, recent Democratic presidents have

A. selected more women and minorities than Republicans

B. not taken party affiliation into account

C. required that candidates have previous judicial experience

D. relied heavily on recommendations from large corporations

E. looked for candidates who were pro-life

85. A Supreme Court justice who agrees with the decision but nt with the legal

reasoning is likely to write a

A. majority opinion

B. per curium decision

C. concurring opinion

D. dissenting opinion

E. plurality opinion

86. Which of the following cases is LEAST likely to reach the Supreme Court?

A. a dispute between Washington and Oregon over coastal fishing

B. a case on the rights of students to publish a newspaper without

supervision by the administration

C. a case involving the constitutionality of a state law prohibiting abortion

D. a case that challenges the president’s right to establish military tribunals

to try suspected terrorists

E. a case involving the murder of a police officer during a drug arrest

87. All of the following statements about the judicial branch are true EXCEPT

A. the overwhelming majority of criminal cases are handled by the state courts

B. only judges hear and decide cases in the federal courts

C. the only court specifically established in the Constitution is the Supreme

Court

D. most judges that sit on state or municipal courts are elected

E. most cases come to the Supreme Court on appeal from the lower federal

Courts

88. Perogatives of the Chief Justice of the Supreme Court include

!. determining the cases on the discuss list

II. nominating the next chief justice

III. assigning the opinion when in the majority

IV. determining the order of seating when the Court is in session

A. I only B. I and II only C. I, II, and III only

D. III only E. I and III only

89. Supreme Court Justice William O. Douglas said, “ I don’t follow precedents. I

make ‘em.” This statement reflects

A. judicial conservatism

B. judicial activism

C. strict constructionism

D. judicial restraint

E. stare decisis

90. Which of the following about amicus curiae briefs is NOT valid?

A. Amicus curiae briefs are an opportunity for third parties to provide

information to the court

B. Most amicus curiae briefs are filed by individuals who want the court

to consider their case

C. Amicus curiae briefs are filed in connection with petitions for a writ of certiori

D. With the exception of the solicitor general, attorneys who submit amicus

curiae briefs cannot participate in oral argument

E. Amicus briefs are a factor in the decision of the Court to hear a case

91. A ruling by a court of appeals is

A. valid only within the states that make up the circuit of that court

B. automatically brought to the Supreme Court

C. most likely the result of a decision of all the judges in the circuit

D. based on the factual evidence introduced at trial

E. made on the basis of oral argument alone

92. When President Andrew Jackson heard about the Supreme Court’s decision in

Worcester v. Georgia (1832), he is said to have remarked, “… John Marshall

(Chief Justice)has made his decision, now let him enforce it!”. This raises the

question of

A. judicial nationalism

B. judicial federalism

C. judicial implementation

D. judicial review

E. judicial jurisdiction

93. In establishing the Judicial branch, Article III of the Constitution provided for all

of the following EXCEPT

A. original jurisdiction of the Supreme Court

B. the scope of appellate jurisdiction

C. the definition of treason

D. trial by jury

E. Office of the Attorney General

94. The only organization outside of the government that has played a direct role in

the selection of federal judges is

A. AFL_CIO

B. ACLU

C. American Bar Association

D. National Governor’s Association

E. Association of Trial Lawyers of America

95. President Bush stated during the 2000 campaign that he did not have

a “litmus test” for the appointment of justices to the Supreme Court. This means

A. He will consider appointing a Democrat

B. He is interested in making the Court as diverse as possible

C. A nominee’s previous judicial experience is important

D. He is looking for a loose constructionist

E. He will a consider a nominee that may not share his views on

controversial issues

96. While interest groups testify before Congress and meet with the staff of a

federal agency, how do they influence the courts?

A. They speak directly with judges about their concerns

B. They try to determine how Supreme Court justices are leaning from their

law clerks

C. They organize letter writing campaigns against an unfavorable Supreme

Court decision

D. They file briefs with the Supreme Court to get their views before the justices

E. They call for the impeachment of a federal judge that consistently rules

against their position

97. Which of the following is an accurate statement about the federal court system?

A. The creation of new federal courts requires a constitutional amendment

B. The creation of new federal courts requires the unanimous consent of all

50 states

C. The Supreme Court has the sole power to create new federal courts

D. Congress has the power to create new federal courts

E. The number of federal courts is fixed by the Constitution and cannot be

changed