Gov't Unit 6

In order to help separate the federal courts from the influence of politics the framers of the Constitution did all of the following except
A. forbids former members of congress from being appointed to the courts
B. have judges appointed by the President
C. allows the Senate to approve the selection of judges
D. states that judges' compensation can not be lowered
E. allowed the judges to serve for life

Article 5 of the U.S. Constitution specifically states that the Constitution can never be amended to change which of the following?
A. that all states must have the same number of Senators
B. the number of members in the House of Representatives
C. the size of the Supreme Court
D. that federal court judges be allowed to serve for life
E. the requirement that the President be a natural born citizen

The Supreme Court's chief weapon in the system of checks and balances is the
A. advisory opinion it exercises
B. original jurisdiction it enjoys
C. power to hand down per curiam opinions
D. place it occupies in public opinion
E. judicial review it exercises

A judicial activist is a judge who holds
A. a conservative ideology
B. a liberal ideology
C. that courts merely apply the law and enforce norms
D. that courts should make but not interpret laws
E. that courts should make as well as interpret laws

Which of the following is most likely to be true of an activist judge?
A. he/she feels constrained by precedent
B. he/she is an interpretivist
C. he/she is conservative politically
D. he/she is bound by the wording in the U.S. Constitution
E. he/she is liberal politically

Which courts are mandated by the U.S. Constitution?
A. the Supreme and appellate courts
B. the Supreme Court only
C. constitutional and legislative courts
D. the Supreme, appellate, and district courts
E. legislative courts

Senatorial courtesy is an especially important consideration in nominations to
A. constitutional courts
B. district courts
C. courts of appeal
D. intermediate appellate courts
E. legislative courts

The litmus test is perhaps of greatest importance in nominations to
A. district courts
B. constitutional courts
C. courts of appeal
D. the Supreme Court
E. legislative courts

The dual-court system of the U.S. refers to
A. statutory and common law courts
B. legislative and constitutional courts
C. federal and state courts
D. criminal and civil courts
E. trial and appellate courts

California is suing Arizona over the use of the Colorado River. The case will be heard by
A. a federal district court
B. the U.S. Court of Claims
C. the Supreme Court of Arizona
D. the U.S. Supreme Court
E. the Supreme Court of California

A writ of certiorari is issued by
A. a lower court, usually the Appellate Court
B. the Supreme Court
C. the plaintiff in a federal case
D. the Attorney General
E. the defendant in a federal case

Fee shifting refers to the practice of
A. getting the government to pay the fees of all parties
B. reducing fees if the votes of appellate court judges are divided
C. having attorneys adjust their fees according to experience and the damages awarded
D. dividing attorneys' fees among all participants in a class action suit
E. getting the loser to pay court costs

Under the doctrine of sovereign immunity, a citizen cannot
A. bring two suits against one individual for the same crime
B. bring the same suit to courts in two different states
C. appeal a case that was decided more than a year earlier
D. appeal a case that has already been ruled on by the Supreme Court
E. sue the government without its consent

An amicus curiae ("friend of the court") brief provides the court with the view held by
A. the Executive Office of the President
B. an organization which is not a direct party to the case, but has interest in the outcome
C. the House and Senate Judiciary Committees
D. the Justice Department
E. the American Bar Association

The procedure of judicial review was clearly established in
A. Brown v. Board of Education
B. Article III of the Constitution
C. Marbury v. Madison
D. the Preamble of the Constitution
E. Plessy v. Ferguson

The case of a U.S. citizen bringing a suit against the federal government would be heard first in the
A. Court of Claims
B. Court of Appeals
C. District Court
D. Supreme Court
E. Tax Court

The term "stare decisis" means
A. "decided by the court"
B. "after the fact"
C. "let the decision stand"
D. "judicial review"
E. "separate but equal"

A judicial decision that establishes a rule for settling subsequent cases of similar nature is termed
A. amicus curiae
B. landmark decision
C. precedent
D. writ of certiorari
E. writ of mandamus

Justice Ruth Bader Ginsburg, for example, votes on the side of a majority of Supreme Court justices on a particular case even though her reasoning differs from the others. She may choose to express her reasons in a(n)
A. concurring opinion
B. dissenting opinion
C. plurality opinion
D. opinion of the court
E. per curiam opinion

If Justice Clarence Thomas was the only justice on the losing side of a Supreme Court decision he would have to write a(n)
A. opinion of the court
B. concurring opinion
C. dissenting opinion
D. writ of dissention
E. per curiam opinion