7) For a case to be heard in the Supreme Court, a minimum of how many judges must vote to hear the case? A) none B) one C) nine D) five E) four

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1 Exam Name MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) Common law is. A) laws passed by legislatures B) the requirement that plaintiffs have a serious interest in a case C) issues capable of being settled as a matter of law D) the accumulation of judicial decisions about legal issues E) disputes between two parties 2) Which of the following must confirm all federal judges? A) Senate B) House of Representatives C) states D) president E) Supreme Court 3) How many justices currently serve on the Supreme Court? A) none B) five C) eight D) nine E) twelve 4) In which of the following cases did the Supreme Court first claim the right of judicial review? A) Marbury v. Madison B) Brown v. Board of Education C) United States v. Nixon D) Chishom v. Georgia E) Dred Scott v. Sandford 5) The Supreme Court hears cases from state courts only if they involve law. A) county B) common C) state D) federal E) civil 6) A writ of is a request submitted to the U.S. Supreme Court to review a lower court decision. A) mandamus B) certiorari C) prohibition D) attachment E) capias 7) For a case to be heard in the Supreme Court, a minimum of how many judges must vote to hear the case? A) none B) one C) nine D) five E) four 8) What is known as a statement of the legal reasoning behind a decision for a case heard by the Supreme Court? A) amicus curiae B) per curiam C) opinion D) brief E) majority rule 9) Who is in charge of the appellate court litigation of the federal government? A) the solicitor general B) the White House counsel C) the House majority leader D) the Senate majority leader E) the attorney general 10) Which type of case concerns the violation of the legal rights of one individual toward another? A) civil B) original C) criminal D) trial E) appellate 11) Which of the following is the authority vested in a particular court to hear and decide the issues in a particular case? A) judicial review B) jurisprudence C) confirmation D) jurisdiction E) filibuster

2 12) Which of the following is a way that interest groups attempt to influence the Supreme Court's decisions? A) filing standing to sue briefs B) publishing position papers C) claiming disputes are justiciable D) filing amicus curiae briefs E) lobbying legislative members 13) Which of the following brings the case before the court in civil cases? A) defendant B) appellee C) district attorney D) plaintiff E) prosecutor 14) Federal judges are appointed to terms. A) three-year B) two-year C) life D) twenty-year E) ten-year 15) Only a(n) court can review the decisions of a lower court. A) administrative B) appellate C) trial D) constitutional 16) Which of the following is an opinion written by a justice in the majority that outlines additional considerations he or she thinks are important? A) dissenting B) majority C) per curiam D) concurring E) en banc 17) The authority to be the first court to hear a case is which type of jurisdiction? A) federal B) appellate C) constitutional D) trial 18) Who attempted to expand the number of Supreme Court justices in 1937? A) Chief Justice Warren B) President Wilson C) Chief Justice Marshall D) President Roosevelt E) President Hoover 19) Proponents of which of the following believe that judges should use their power broadly to further justice? A) judicial restraint B) judicial implementation C) judicial originalism D) judicial constructionism E) judicial activism 20) In which federal courts are trials conducted? A) public B) common C) district D) original E) circuit 21) Justices on the Supreme Court provide a statement of the legal reasoning behind their decisions in written. A) laws B) briefs C) arguments D) pamphlets E) opinions

3 22) Which of the following must plaintiffs have in order to sustain a lawsuit in court? A) standing B) an attorney C) a dispute with the government D) money E) a serious injury 23) According to Marbury v. Madison, which clause implies the power of judicial review? A) precedential B) originalism C) necessary and proper D) supremacy E) judicial 24) Which Court was one of the most active in shaping public policy in the twentieth century? A) Warren B) Rehnquist C) Fortas D) Burger E) Chase 25) How and whether judicial decisions are translated into actual policy is known as which of the following? A) judicial legislation B) judicial intention C) judicial power D) judicial implementation E) judicial execution 26) What are the two types of jurisdiction courts can have? A) legislative and constitutional B) constitutional and statutory C) original and appellate D) trial and appeals E) active and restrained 27) Which chief justice established the power of judicial review? A) John Marshall B) John Jay C) Oliver Wendell Holmes D) James Madison E) Patrick Knock 28) Which of the following is within the original jurisdiction of the Supreme Court? A) controversies between the states B) federal criminal matters C) military tribunals D) tax disputes E) property disputes 29) The Court of Military Appeals is an example of which type of court? A) circuit B) regulatory commission C) district D) constitutional E) legislative 30) Where is the entry point for most litigation in the federal courts? A) U.S. Court of Appeals B) U.S. Court of Federal Claims C) Supreme Court D) U.S. District Court E) U.S. Court of Equity

4 31) In court rulings, reliance on past decisions to formulate decisions in new cases is known as which of the following? A) amicus curiae B) per curiam C) stare decisis D) common law E) coram nobis 32) As of 2012, how many African Americans have served on the U.S. Supreme Court? A) one B) five C) two D) zero E) three 33) In a process known as, presidents generally allow senators from the state in which a judicial vacancy occurs to block the nomination. A) judicial review B) presidential deference C) Senate confirmation D) advice and consent E) senatorial courtesy 34) When the U.S. Supreme Court agrees to hear a case appealed to it from a circuit court, it is exercising its jurisdiction. A) appellate B) constitutional C) mandatory D) legislative 35) When might a presidential nominee to the Supreme Court have trouble being confirmed? A) when a president's party affiliation is in the minority in the Senate B) when a president's views closely align with the norm in the Senate C) when a president makes a nomination at the beginning of a term D) when the Senate is opposed to the nominee's ideological orientation E) when a president's nominee strengthens the philosophical balance on the Court 36) All federal judicial nominations are first referred to which of the following for a hearing? A) attorney general B) Senate Nominations Committee C) Supreme Court D) House Judiciary Committee E) Senate Judiciary Committee 37) If a judge believes that she should only strike down laws that clearly violate the Constitution, she likely believes in which of the following? A) judicial activism B) judicial construction C) judicial originalism D) judicial restraint E) judicial conservatism 38) The conference of the U.S. Supreme Court is. A) limited to the justices themselves B) open to the justices and all members of Congress C) open to the justices and the public D) open to the justices and the president E) open to the justices and other court staff 39) A court that hears and weighs evidence in order to reach the first decision in a civil or criminal case is a court of jurisdiction. A) mandatory B) trial C) original D) appellate E) constitutional 40) The Judiciary Act of 1789 established the federal circuit courts and district courts. A) True B) False

5 1) D 2) A 3) C 4) A 5) D 6) B 7) A 8) C 9) A 10) A 11) D 12) D 13) D 14) C 15) B 16) D 17) E 18) D 19) E 20) C 21) E 22) A 23) D 24) A 25) D 26) C 27) A 28) A 29) E 30) D 31) C 32) C 33) E 34) A 35) A 36) E 37) D 38) A 39) C 40) A

1. Which Article of the Constitution created the federal judiciary?

9 The Judiciary Multiple-Choice Questions 1. Which Article of the Constitution created the federal judiciary? a. Article III b. Article II c. Article VI d. Article I e. Article IX 2. According to Article