Patterson, Chapter 14 The Federal Judicial System Applying the Law Chapter Quiz 1. Federal judges are a) nominated by the Senate and approved by both houses of Congress. b) nominated by the president and approved by the Senate. c) nominated by the president and approved by both houses of Congress. d) elected by majority vote in their respective districts. e) elected by majority vote in their respective states. 2. What are the constitutional requirements for being a federal judge? a) at least 30 years old and a citizen of the United States b) at least 25 years old and a citizen of the United States c) at least 30 years old and a resident of the specific judicial district d) at least 30 years old and a lawyer in good standing with the state bar e) There are no constitutional requirements for being a federal judge. 3. 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 leaving the White House. d) had all these effects: Federal judges and justices serve, effectively, until they die or choose to retire; they are provided the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress; and presidents are able to influence judicial policy through their appointments long after leaving the White House. e) None of these answers is correct. 1
4. 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 these: nominated by the president, confirmed by the U.S. Senate, and appointed for an indefinite period providing they maintain "good behavior." e) None of these answers is correct. 5. How long do federal judges serve? a) two years b) four years c) eight years d) ten years e) until they retire, die, or are removed through the impeachment and conviction process 6. A writ of certiorari is a) a request to a lower court to submit to the Supreme Court a record of the case it has been requested to hear. 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 group's opinion on the legal issue at hand. e) an application for a waiver of court fees due to indigence. 7. Regarding Supreme Court procedures, which one of the following statements is NOT accurate? a) When part of the majority, the chief justice decides which justice will write the majority opinion. b) A concurring opinion is a view written by a justice who votes with the majority and agrees with its reasoning. 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 standards in choosing the cases it will hear. 2
8. A concurring opinion a) explains the chief justice's position on a case. b) is a separate view written by a justice who votes with the majority but disagrees with its reasoning. 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. 9. A written Supreme Court opinion that disagrees with what the majority of the justices decided is a(n) a) majority opinion. b) plurality opinion. c) dissenting opinion. d) concurring opinion. e) adjunct opinion. 10. A written Supreme Court opinion that describes what the majority of the justices decided is a(n) a) majority opinion. b) plurality opinion. c) dissenting opinion. d) concurring opinion. e) adjunct opinion. 11. 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. 12. The federal district courts a) are the chief trial courts of the federal system. b) are the only federal courts where the two sides present their case to a jury for a verdict. c) are the courts that, in practice, make the final decision in most federal cases. d) exist in each state. e) All of these answers are correct. 3
13. The Supreme Court is 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 federal courts. d) the possibility that an innocent person has been wrongly convicted of a crime. e) an issue dealing with state constitutional law. 14. What is the MOST common method in the states for the selection of judges? a) appointment by the state supreme courts b) promotion from within the legal establishment c) appointment by the governor d) election to office e) appointment by state legislatures 15. Which of the following Supreme Court justices was appointed by President Dwight Eisenhower? a) Sandra Day O'Connor b) John Stevens c) Earl Warren d) Louis Brandeis e) David Souter 16. 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 president's choice of Supreme Court nominees. c) senators are consulted on the nomination of lower-court federal judgeships 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. 17. was the first black justice to serve on the U.S. Supreme Court. a) Clarence Thomas b) Antonin Scalia c) Robert Bork d) Thurgood Marshall e) Laurence Tribe 4
18. Which of the following Supreme Court justices was appointed during the Clinton administration? a) Sandra Day O'Connor b) Clarence Thomas c) Ruth Bader Ginsburg d) Robert Bork e) John Paul Stevens 19. The term stare decisis refers to a) adherence to precedent. b) judicial activism. c) judicial restraint. d) judicial review. e) excessive partisanship. 20. 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. 21. An amicus curiae ("friend of the court") brief provides a court with the view held by a) an interest 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. 22. The Supreme Court decision in Marbury v. Madison is significant a) as the first instance of the court ruling on a state matter. b) as the first use of judicial activism. c) for the establishment of judicial review. d) as the first instance of the Court ruling on a disagreement between states. e) as the Court's first non-majority opinion. 5
23. Which legal doctrine holds that in nearly every instance, policy issues should be decided by elected lawmakers and not by appointed judges? a) judicial activism b) judicial restraint c) judicial legitimacy d) appellate jurisdiction e) judicial executive power 24. The judiciary's status as an independent branch of national government depends 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. 6
KEY 1. B 2. E 3. D 4. D 5. E 6. A 7. B 8. B 9. C 10. A 11. C 12. E 13. C 14. D 15. C 16. C 17. D 18. C 19. A 20. D 21. A 22. C 23. B 24. D 7