Chapter Fourteen

Chapter Fourteen

The Federal Judicial System: Applying the LawMultiple Choice 1. A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a

a. writ of certiorari.

b. landmark decision.

c. writ of mandamus.

d. precedent.

e. writ of error.

Answer: dPage: 406 2. The power of the Supreme Court is strengthened by its ability to

a. issue advisory opinions when Congress is considering a new bill.

b. impeach federal judges who consistently ignore its rulings.

c. exercise wide discretion in choosing which cases to hear.

d. override any decision of a state court.

e. issue advisory opinions to the president on a regular basis.

Answer: cPage: 406 3. A writ of certiorari is

a. permission granted by a higher court allowing a losing party to bring its case before the court for a ruling.

b. the statement explaining the reasoning behind a Supreme Court decision.

c. the official transcript of Supreme Court proceedings.

d. a statement from a group not directly involved in a Supreme Court case, indicating the groups opinion on the legal issue at hand.

e. an application for a waiver of court fees due to a persons inability to afford to pay the fees.

Answer: aPage: 406 4. Regarding Supreme Court procedures, all of the following statements are accurate except

a. the chief justice has the option of speaking first and voting last on a case.

b. the conference at which justices meet to decide a case is open to outsiders until debate on the case is over, and is then closed to allow the justices to vote.

c. a dissenting opinion is an opinion of a judge who votes against the majority.

d. attorneys who argue a case before the Supreme Court operate under strict time limits.

e. the Court has broad discretion in choosing the cases it will hear.

Answer: bPage: 407 5. A concurring opinion

a. explains the chief justices position on a case.

b. is delivered when a justice decides the same way on a case as the majority, but has a different reason for reaching that decision.

c. is delivered when the Court interprets a constitutional issue.

d. is delivered when at least two justices, but less than a majority, hold the same opinion in a case.

e. explains why the Court accepted the case in the first place.

Answer: bPage: 408 6. Compared with the decision in a Supreme Court case, the opinion is more significant because it

a. determines the losing party in a case and the penalty to be imposed on this party.

b. reveals the conflicts between the justices, which the president and Congress can use in determining their position on judicial appointments and new legislation.

c. informs others of the Courts interpretation of the laws and thereby guides their decisions.

d. addresses the constitutional aspects of a case, whereas the decision addresses the statutory aspects.

e. None of the answers are correct.

Answer: cPage: 407 7. A written Supreme Court opinion that, in the absence of a majority opinion, represents the reasoning of most of the justices who side with the winning party is a

a. plurality opinion.

b. concurring opinion.

c. leading opinion.

d. prevailing opinion.

e. per curiam.

Answer: aPage: 408 8. The federal district courts

a. are courts of original jurisdiction.

b. are the only federal courts that regularly use juries to determine the outcome of cases.

c. are the courts that, in practice, make the final decision in most federal cases.

d. exist in each state.

e. All of the answers are correct.

Answer: ePage: 409 9. With regard to the lower courts, the Supreme Courts most important function is

a. establishing legal precedents that will guide their decisions.

b. correcting technical errors they make in the cases they hear.

c. settling jurisdictional disputes among federal judges.

d. settling jurisdictional disputes between state and federal judges.

e. All of the answers are correct.

Answer: aPage: 40610. Although federal district courts are theoretically bound by Supreme Court precedents, they sometimes deviate because

a. the facts of a case are seldom precisely the same as those of a similar case decided by the Supreme Court.

b. federal judges may misunderstand the Courts judicial reasoning or position.

c. the opinion of a Supreme Court case is sufficiently broad that lower courts can reasonably interpret it in somewhat different ways.

d. lower-court judges may conclude that the precedent should no longer apply.

e.All of the answers are correct.

Answer: ePage: 41011. The U.S. courts of appealsa. hear new evidence in appealed cases.

b. review trial court decisions.

c. are the highest courts to use juries.

d. decide for the Supreme Court the cases it will review.

e. None of the answers are correct.

Answer: bPage: 41012. The appointment of federal judges is influenced most substantially by

a. partisanship.

b. logrolling.

c. pork barreling.

d. affirmative action.

e. personal friendships.

Answer: aPage: 41313. The United States has federal courts and state courts because of

a. the separation of powers.

b. citizenship laws.

c. precedent.

d. judicial review.

e. federalism.

Answer: ePage: 41114. The federal court myth overlooks the fact that

a. most cases arise under state law, not federal law.

b. nearly all cases that originate in state courts are never reviewed by federal courts.

c. federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.

d. All of the answers are correct.

e. None of the answers are correct.

Answer: dPage: 41115. Senatorial courtesy refers to the tradition whereby

a. nominees for federal judgeships are treated with respect during Senate confirmation hearings, even by senators who plan to vote against the nominee.

b. senators usually defer to the presidents choice of Supreme Court nominees.

c. senators are consulted on the nomination of lower-court federal judgeships located in their state.

d. nominations for the federal courts, once committee hearings are concluded, are scheduled for a vote ahead of other Senate business.

e. House members always defer to the Senate on matters dealing with the judiciary.

Answer: cPage: 41516. When asked if he had made any mistakes as president, ________ replied, Yes, two, and they are both sitting on the Supreme Court.

a. Ronald Reagan

b. Jimmy Carter

c. Richard Nixon

d. Lyndon Johnson

e. Dwight Eisenhower

Answer: ePage: 41517. According to the Constitution, the federal courts can make a ruling

a. only in response to actual legal cases.

b. only in cases where the U.S. government is one of the parties involved in the dispute.

c. only on cases heard previously by a state court and appealed to it by the losing party.

d. All of the answers are correct.

e. None of the answers are correct.

Answer: aPage: 41718. ________ is widely regarded as the most renowned jurist in American history.

a. Charles Evans Hughes

b. Hugo Black

c. Clarence Thomas

d. John Marshall

e. William Rehnquist

Answer: dPage: 43019. The facts of a case

a. are largely irrelevant, in that the judiciary has wide freedom with decisions.

b. affect which law or laws will apply to the case.

c. are important only if the case involves a statutory dispute.

d. are important only if the case involves a constitutional dispute.

e. are important about half the time.

Answer: bPage: 41720. The judiciarys status as an independent branch of the national government rests on judicial review, which grants the judiciary the authority to

a. make political decisions; judges can overturn any congressional or presidential decision they personally dislike.

b. decide which laws apply to a particular case.

c. ignore public opinion when making decisions.

d. invalidate the actions of other institutions when judges believe they have acted unconstitutionally.

e. strike down certain sections of the Constitution.

Answer: dPage: 42421. The term stare decisis refers to

a. adherence to precedent.

b. judicial activism.

c. judicial restraint.

d. judicial review.

e. excessive partisanship.

Answer: aPage: 42022. Precedent, while not an absolute constraint on the courts, is needed to

a. preserve the courts as a majoritarian institution.

b. maintain legal consistency over time, so the confusion and uncertainty about the law can be avoided.

c. check the president in the area of public law.

d. balance the policy making authority of Congress.

e. check the president in the area of foreign policy.

Answer: bPage: 42023. With regard to public opinion, the Supreme Court

a. ignores it completely in order to make decisions that are based on enduring values rather than the publics passing whims.

b. remains uninformed about it because justices stay on the bench for life and never face the public scrutiny of an election.

c. attempts to stay close enough to public opinion so as to avoid a grave loss of public support.

d. attempts to follow it very closely in order to create public enthusiasm for its rulings.

e. None of the answers are correct.

Answer: cPage: 42124. An amicus curiae (friend of the court) brief provides a court with the view held by

a. an individual, group, or organization that is not a direct party to the case.

b. the Justice Department.

c. the House and Senate judiciary committees.

d. the American Bar Association.

e. the solicitor general.

Answer: aPage: 42125. Major shifts in the Supreme Courts positions have usually been due to

a. the pressure of public opinion.

b. new developments that dramatize an immediate need for change in the law.

c. turnover in the Courts membership.

d. threats from Congress.

e.threats from the president.

Answer: cPage: 42326. The debate about the proper role of judicial authority in a political system based on majority rule is the issue of

a. judicial restraint.

b. legitimacy.

c. amicus curiae.

d. writ of certiorari.

e. judicial activism.

Answer: bPage: 42427. According to the doctrine of judicial restraint, the judiciary should

a. defer to the decisions of elected officials.

b. deny most appeals for retrials.

c. deny individual rights when they conflict with the majoritys desires.

d. decline to make any decision that requires judges to give added meaning to the words of the Constitution.

e. conform to the will of the people as measured by public opinion polls.

Answer: aPage: 42528. The debate of whether a courts decision will be respected and obeyed is the issue of

a. legitimacy.

b. precedent.

c. judicial review.

d. compliance.

e. credibility.

Answer: dPage: 42629. To advocates of judicial restraint, the Baker v. Carr decision (in which the Supreme Court ruled that election districts must be based on the one person-one vote principle) illustrates how the judiciary

a. violates common law principles.

b. assumes the power to make a decision that is properly made by a legislative body chosen by the people.

c. undermines the right of privacy implicit in the Constitutions guarantees of personal freedom.

d. ignores the Second Amendment.

e. ignores the First Amendment.

Answer: bPage: 42730. The contention that the Constitution contains moral language that justifies the vigorous protection of individual rights by the judiciary is a view compatible with

a. judicial activism.

b. judicial restraint.

c. analytical jurisprudence.

d. precedent-based jurisprudence.

e. moral relativism.

Answer: aPage: 42631. In Bush v. Gore (2000), the Supreme Court

a. halted the manual recount of undervotes in Florida.

b. declined to get involved in the electoral process.

c. cast a unanimous vote.

d. deferred to the Florida Supreme Court in the election dispute between the two major party candidates.

e. decided that there was no federal question in the dispute.

Answer: aPage: 42332. As distinct from civil law, criminal law is law that defines a relationship

a. between individuals.

b. between governments.

c. between individuals and government.

d. between citizens and non-citizens.

e. None of the answers are correct.

Answer: cPage: 41833. If Congress disagreed with a Supreme Court ruling on a federal statute, it could possibly

a. rewrite the statute.

b. express its displeasure with the ruling.

c. modify the scope of the Courts appellate jurisdiction.

d. amend the Constitution.

e. All of the answers are correct.

Answer: ePage: 42234. The laws of a case

a. reveal the relevant circumstances of the case, and are determined solely by trial courts.

b. are more important than the facts of a case, and supersede the facts when the two conflict.

c. constrain the judiciary because court decisions must be based on applicable laws.

d. apply only in the area of criminal cases and not also in the area of civil disputes.

e. None of the answers are correct.

Answer: cPage: 41835. The discretionary power of judges is less than that of elected officials because judges

a. are prohibited from relying on personal judgment when deciding an issue.

b. must make decisions that can be justified in terms of existing provisions of the law.

c. are prohibited from addressing issues without the permission of elected officials.

d. are prohibited from taking into account the political consequences of a decision.

e. must render rulings on all appeals.

Answer: bPage: 41736. As compared with the judicial appointees of Republican presidents, those of Democratic presidents have been more likely to be

a. members of the opposite party.

b. members of the opposite party but only in the case of appointees from the same region of the country as the president.

c. women and minority-group members.

d. lawyers.

e. None of the answers are correct.

Answer: cPage: 41737. Compared to Supreme Court nominations, those for the lower federal courts

a. are, although much greater in number, irrelevant to a presidents policy agenda.

b. are not subject to partisan consideration.

c. have a much greater probability of being rejected by the Senate.

d. are not subject to senatorial courtesy.

e. None of the answers are correct.

Answer: ePage: 41538. The constitutional provision that federal judges and justices hold office during good behavior has

a. meant, in effect, that they will serve until they die or choose to retire.

b. provided them the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress.

c. enabled presidents to influence judicial policy through their appointments long after they have left the White House.

d. All of the answers are correct.

e. None of the answers are correct.

Answer: dPage: 40439. The United States has two court systems, state and federal. The federal system

a. has discretionary jurisdiction over all cases arising in the state system.

b. is the only one with appellate courts.

c. is the only one based on the constitutional doctrine of the separation of powers.

d. is the only one that has judges who are appointed to office.

e. None of the answers are correct.

Answer: ePage: 41140. The Supreme Court is most likely to grant a hearing when a case involves

a. an issue of state law as opposed to an issue of federal law.

b. an issue of private law as opposed to an issue of public law.

c. an issue that is being decided inconsistently by the lower courts.

d. the possibility that an innocent person has been wrongly convicted of a crime.

e. an issue dealing with state constitutional law.

Answer: cPage: 40741. The Supreme Court has original jurisdiction in legal disputes involving

a. one state government against another state government.

b. the president.

c. the Congress.

d. private parties.

e. free speech and the equal protection issues.

Answer: aPage: 40642. The Supreme Court invoked the ________ in Bush v. Gore (2000).

a. free speech clause

b. establishment clause

c. assembly clause

d. voting clause

e. equal protection clause

Answer: ePage: 42343. About ________ percent of the nations legal cases are decided in state court systems.

a. 10

b. 25

c. 50

d. 75

e. 95

Answer: ePage: 41144. The lowest level of the federal court system is the

a. circuit court of appeal.

b. highest level of the state courts.

c. district court.

d. justice of the peace.

e. supreme judicial tribunal.

Answer: cPage: 40945. The Missouri Plan applies to ________ in the ________ court system.

a. selection of judges; federal

b. selection of judges; state

c. jurisdiction; federal

d. jurisdiction; state

e. None of the answers are correct.

Answer: bPage: 41146. The structure of the lower federal court system is established by

a. Congress.

b. the president.

c. the Constitution.

d. the Supreme Court.

e. the Justice Department.

Answer: aPage: 40447. Opposition to the judiciarys creative policy making role is a consistent tenet of judicial

a. activism.

b. liberalism.

c. restraint.

d. conservatism.

e. relativism.

Answer: cPage: 42548. Most cases heard by the Supreme Court reach it under

a. its original jurisdiction.

b. a writ of certiorari.

c. a per curiam decision.

d. a writ of error.

e. a writ of mandamus.

Answer: bPage: 40649. In selecting judges, states use what method?

a. political appointment

b. partisan election

c. nonpartisan election

d. merit selection

e. All of the answers are correct.

Answer: ePage: 41150. Federal judges are

a. nominated by the president.

b. confirmed by the U.S. Senate.

c. appointed for an indefinite period, providing they maintain good behavior.

d. All of the answers are correct.

e. None of the answers are correct.

Answer: dPage: 41351. Fewer than _____ percent of the cases heard by federal appeals courts are later reviewed by the Supreme Court.

a. 1

b. 10

c. 25

d. 33

e. 50

Answer: aPage: 41052. Most of the judicial review rulings by the Supreme Court have involved actions by

a. the president.

b. Congress.

c. federal agencies.

d. international organizations, such as the U.N.

e. the states.

Answer: ePage: 425Essay/Short Answer1. What is meant by the term jurisdiction? What is the difference between original and appellate jurisdiction as it applies to the U.S. Supreme Court?

Answer: A courts jurisdiction is its authority to hear cases of a particular kind. Jurisdiction is determined partly by the stage of a legal dispute. Original jurisdiction is the authority to be the first court to hear a case. Such courts are called trial courts. Appellate jurisdiction is the authority to review cases that have already been tried in lower courts and are appealed to higher courts by the losing party; such courts are called appeals courts or appellate courts. The Supreme Courts original jurisdiction includes legal disputes involving foreign diplomats or two or more states. However, the Supreme Court conducts nearly all of its work as an appellate court. Its appellate jurisdiction extends to cases arising under the Constitution, federal law, regulations, and treaties.

2. Describe the four types of U.S. Supreme Court opinions.

Answer: A majority opinion is a written opinion of the majority of the Courts justices stating the reasoning underlying its decision on a case. A plurality opinion is a written opinion that in the absence of a majority opinion presents the reasoning of most of the justices who decide in favor of the winning party. A concurring opinion is a written opinion of one or more justices who support the majority position but disagree with the majoritys reasoning on a case. A dissenting opinion is a written opinion of one or more of the justices who disagree with the majoritys decision and opinion.

3. Describe the relationship between the federal and the state court systems.

Answer: As a consequence of the U.S. federal system of government, court cases can arise under either federal law or state law. Most cases fall under the latter; about 95 percent of the nations legal cases are decided in state courts. Cases that originate in state courts can be appealed to a federal court only if a federal issue is involved, which is usually not the case. When a federal court does become involved in a state case, it often confines itself to the federal aspects of the case.

4. What role does partisanship play in federal court appointments?

Answer: Federal judges are political officials who exercise the authority of a separate and powerful branch of government. They bring their political views to office and have opportunities to promote these views. Accordingly, they are appointed through a partisan process. Presidents usually nominate a jurist of their own party to a federal court vacancy and, at times, partisanship has played a major part in the U.S. Senates confirmation or rejection of a controversial nominee.

5. Distinguish between the facts and the laws of a case. Discuss the three main sources of laws.

Answer: The legal constraints on a court when hearing a case fall into two categoriesthe facts and the laws. The facts are the relevant circumstances of the particular case. The laws are the rules which apply in such instances. The laws can come from three sources. The first is the Constitution. The courts respect the purpose and intent of the Constitution and strive for reasonable interpretations of its provisions. The second is the interpretation of statutes. Most federal cases that the courts adjudicate arise under statutory law (enacted by Congress) and administrative regulations (developed by the bureaucracy from statutory provisions). The third is interpretation of precedent. Precedent is the English common-law tradition that a courts decision on a case should be consistent with previous rulings.

6. Discuss the doctrines of judicial restraint and judicial activism.

Answer: The doctrine of judicial restraint holds that the judiciary should be highly deferential to the judgment of legislatures. The restraint doctrine rests on a presumption that elected lawmakers are acting constitutionally and should have broad discretionary authority to decide public policy. The job of judges is to work within the confines of laws made by elected officials, seeking to discover their application to specific cases, rather than searching for new principles that essentially change these laws. Judicial restraint is based on two premises. First, when a court assumes policy functions that traditionally belong to elected institutions, the long term effect is to undermine the fundamental premise of self-governmentthe right of the majority to choose societys policies. Second, if a court steps outside its proper bounds, its legitimacy may be threatened. Judicial activism is the idea that judges should take a broad view of judicial power and involve themselves extensively in interpreting the U.S. Constitution. According to this tradition, the courts should not be overly deferential to the elected branches of government; indeed, the courts should develop new principles when judges perceive a compelling need to do so, particularly in the realm of individual rights.