Question 1

Most American law is based on __________.

Accepted Answer

the common law system

Answer

Marbury v. Madison

Answer

the Federal Register

Answer

Judicial Review

Question 2

A court rule bearing on subsequent legal decisions in similar cases is called __________.

Accepted Answer

a precedent

Answer

criminal law

Answer

a judicial maxim

Answer

common law

Question 3

The doctrine of judicial review was established by __________.

Accepted Answer

Marbury v. Madison

Answer

the Tenth Amendment

Answer

The Federalist #10

Answer

The Constitution

Question 4

__________ are most likely to be considered unconstitutional by the Supreme Court.

Accepted Answer

State laws

Answer

Lower court decisions

Answer

Laws passed by Congress

Answer

Decisions by the Federal Circuit Court of Appeals

Question 5

How else does the Legislative Branch check the power of the Judiciary?

Accepted Answer

Confirmation Power

Answer

Judicial Review

Answer

Senatorial Courtesy

Answer

The House of Representativesâ power to nominate federal judges

Question 6

Jurisdiction refers to __________.

Accepted Answer

the authority of a court to hear a case

Answer

statutory law

Answer

the constitutionality of a law

Answer

rules and principles announced in court decisions

Question 7

A question that has to do with the U.S. Constitution, acts of Congress, or treaties is known as a __________ question.

Accepted Answer

Federal

Answer

Jurisdictional

Answer

Legal

Answer

Justiciable

Question 8

Which of the following is a primary consideration of the President with judicial nominees?

Accepted Answer

Prior Decisions of the Judge

Answer

What state they live in

Answer

Marriage

Answer

Control of the House

Question 9

Of the total number of cases that are decided each year, those reviewed by the Supreme Court represent __________.

Accepted Answer

less than one-half of a percent

Answer

roughly 5 percent of those appealed to them

Answer

less than one case in a million appealed there each year

Answer

over half of all cases

Question 10

A writ of certiorari by the Supreme Court orders __________.

Accepted Answer

a lower court to send it the record of a case for review

Answer

Federal Courts to abide by the decisions of the US Supreme Court

Answer

both parties in a case to reach agreement without further litigation

Answer

Congress to rewrite unconstitutional legislation

Question 11

The rule of four refers to the requirement that at least four __________.

Accepted Answer

justices vote in favor of issuing a writ of certiorari

Answer

justices research the case prior to oral arguments

Answer

justices be present during oral arguments

Answer

months must pass between a ruling by a lower court

Question 12

Which of the following is a way in which the EXECUTIVE BRANCH can check the Judiciary?

Accepted Answer

nominate judges who reflect the President's beliefs

Answer

Submit an amicus brief

Answer

Propose a new law

Answer

Confirm new judges

Question 13

Federal judges serve __________.

Accepted Answer

until they resign, retire voluntarily, die, or are removed by the Senate

Answer

4-year terms

Answer

8-year terms and can be reappointed to the bench by the president and Senate

Answer

25-year terms

Question 14

Judicial activism means that the __________.

Accepted Answer

Supreme Court should actively check the other branches of government

Answer

courts should defer to decisions made by the elected representatives of the people whenever possible

Answer

Supreme Court should have the power of judicial review

Answer

Supreme Court should accept as many cases for decision as it can

Question 15

A Supreme Court justice who believes they should yield to the views of the legislative branch when interpreting a federal law is following __________.

Accepted Answer

judicial restraint

Answer

judicial review

Answer

judicial interpretation

Answer

judicial activism

Question 16

Strict construction means __________.

Accepted Answer

the attempt to follow the "letter of the law"

Answer

the attempt to understand the law by looking to its context and purpose

Answer

that the Supreme Court should hear the fewest possible cases

Answer

that the court will stand on precedent

Question 17

Where was Judicial Review FIRST (1st) outlined and discussed as a necessity to the Judiciary?

Accepted Answer

Federalist #78

Answer

Article III of the Constitution

Answer

Federal Register of Statutes

Answer

Marbury v. Madison

Question 18

In Fed #78, Hamilton states the Constitution is fundamental law and judges must ascertain its meaning. Which case BEST ties to that statement?

Accepted Answer

Marbury v. Madison

Answer

McCulloch v. Maryland

Answer

Shaw v. Reno

Answer

Baker v. Carr

Question 19

In Fed #78, Hamilton discusses why he believes the Judiciary is the WEAKEST of the 3 branches. What SUPPORTS that?

Accepted Answer

The Judiciary's dependence on the executive for enforcement

Answer

The Judiciary's power of the purse

Answer

Judicial Review

Answer

The Judiciary's lifetime tenure requirement

Question 20

Each state has _____________ court(s)

Accepted Answer

federal and state courts

Answer

3 courts of Appeals

Answer

exactly 1 federal trial court

Answer

1 Federal Court of Appeals

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