1.
Judicial authority extends to issues dealing wih all the following areas EXCEPT
Correct Answer
E. Pending legislation
Explanation
The judicial authority extends to all areas except pending legislation. Pending legislation refers to laws that are currently being considered or debated by the legislative branch and have not yet been enacted. The judicial branch's role is to interpret and apply existing laws, not to make or enforce new laws. Therefore, pending legislation is not within the jurisdiction of the judicial authority.
2.
Which of the following represents the best example of a case dealing with original jurisdiction?
Correct Answer
A. A review of New York and New Jersey arguing over property rights related to Ellis Island
Explanation
The best example of a case dealing with original jurisdiction is a review of New York and New Jersey arguing over property rights related to Ellis Island. Original jurisdiction refers to the authority of a court to hear a case for the first time, rather than on appeal. In this case, the dispute between New York and New Jersey over property rights falls under the original jurisdiction of the Supreme Court, as it involves a conflict between two states.
3.
Which of the following principles does common law rely on?
Correct Answer
A. Judicial precedent
Explanation
Common law relies on the principle of judicial precedent, which means that decisions made by higher courts become binding and serve as a guide for future similar cases. This principle ensures consistency and predictability in the legal system, as lower courts are required to follow the legal reasoning and outcomes of previous cases. By relying on judicial precedent, common law aims to maintain stability and fairness in the interpretation and application of laws.
4.
Which of the following actions requires senatorial courtesy?
Correct Answer
C. Senators from the state in which a judicial appointment is being made by the president are informed of who the candidate is prior to the actual appointment
Explanation
Senatorial courtesy refers to the practice of senators deferring to the judgment of their colleagues from the same state when it comes to judicial appointments. In this case, the correct answer states that senators from the state in which a judicial appointment is being made by the president are informed of who the candidate is prior to the actual appointment. This means that the president would consult with and inform the senators from that state about the potential candidate before making the appointment. This practice is a way of showing respect and deference to the senators from the state where the appointment will have an impact.
5.
Which of the following committees is responsible for reviewing Supreme Court nominees?
Correct Answer
B. Senate Judiciary
Explanation
The Senate Judiciary committee is responsible for reviewing Supreme Court nominees. This committee, made up of senators, plays a crucial role in the confirmation process of nominees for the Supreme Court. They review the qualifications, background, and legal expertise of the nominees to ensure they are suitable for a position on the highest court in the land. The committee holds hearings, asks questions, and evaluates the nominees before making a recommendation to the full Senate for a confirmation vote.
6.
Acceptance of a writ of certiorari is based on all the following criteria EXCEPT
Correct Answer
A. A recommendation by any of the Supreme Court justices
Explanation
The acceptance of a writ of certiorari is based on several criteria, including a court decision that conflicts with precedent, a court of appeals decision that conflicts with another court of appeals decision, inconsistencies between courts of different states, and a split decision in the court of appeals. However, a recommendation by any of the Supreme Court justices is not one of the criteria for accepting a writ of certiorari.
7.
Which represents a major reason for the submittal of an amicus curiae brief?
Correct Answer
B. A friend of the court wished to provide additional information to the Court
Explanation
An amicus curiae brief is submitted by a friend of the court who wishes to provide additional information to the Court. This is a major reason for the submission of such a brief. The purpose of an amicus curiae brief is to offer expertise or perspective that may not be presented by the parties involved in the case. It allows individuals or organizations with a strong interest in the outcome of the case to present their arguments or information to the Court, even if they are not directly involved in the litigation.
8.
Which Chief Justice is best known as the head of an activist court?
Correct Answer
C. Earl Warren
Explanation
Earl Warren is best known as the head of an activist court because during his tenure as Chief Justice of the United States Supreme Court from 1953 to 1969, the court made several landmark decisions that significantly impacted civil rights, criminal justice, and individual liberties. Under Warren's leadership, the court issued rulings such as Brown v. Board of Education, which desegregated public schools, and Miranda v. Arizona, which established the rights of criminal suspects. These decisions demonstrated the court's willingness to actively interpret the Constitution and shape public policy, earning it the reputation of being an activist court.
9.
An example of a decision that would be classified as activist is
Correct Answer
D. Brown v Board of Education
Explanation
Brown v Board of Education is an example of a decision that would be classified as activist because it involved the Supreme Court actively overturning a previous decision (Plessy v Ferguson) and making a significant change in the interpretation of the Constitution. In this case, the Court ruled that racial segregation in public schools was unconstitutional, thus playing an active role in shaping social and legal policy.
10.
Which Chief Justice is best known as the head of a court pusuing judicial restraint?
Correct Answer
B. William Rehnquist
Explanation
William Rehnquist is best known as the Chief Justice who pursued judicial restraint. During his tenure, Rehnquist consistently advocated for a limited role of the judiciary, emphasizing the importance of adhering to the original intent of the Constitution and deferring to the decisions of the elected branches of government. He believed that the Court should exercise restraint and avoid making broad societal changes through judicial activism. Rehnquist's approach to the law and his commitment to judicial restraint have had a lasting impact on the Supreme Court and its interpretation of the Constitution.
11.
Critics of judicial activism feel that which of the consequences result from a court pusuing such a philosophy?
Correct Answer
E. Precedent should be the determining factor when deciding a case
Explanation
The given answer states that precedent should be the determining factor when deciding a case. This suggests that critics of judicial activism believe that decisions should be based on established legal principles and previous court rulings, rather than judges interpreting the law in a more active or expansive manner. They argue that following precedent ensures consistency and predictability in the legal system.
12.
Proponents of judicial restraint make which of the following arguments?
Correct Answer
A. It should be the role of Congress, not the Court, to make policy
Explanation
Proponents of judicial restraint argue that the role of making policy should be in the hands of Congress, not the Court. They believe that the Court should exercise restraint and not overstep its boundaries by making decisions that are better left to the legislative branch. This view emphasizes the importance of separation of powers and the idea that the Court should not be actively involved in shaping policy, but rather should interpret and apply the laws passed by Congress.