Chapter 16 Quiz Rippee 2nd
Spell correctly-use only lowercase
- 1.
Judicial interpretation of an act of Congress; Congress occasionally passes new legislation to clarify existing laws when this is an issue
Explanation
Statutory construction refers to the process of interpreting and analyzing a law passed by Congress. It involves examining the language and intent of the law in order to determine its meaning and how it should be applied in specific cases. This is necessary when there is ambiguity or confusion in the language of the law, and Congress may pass new legislation to provide clarification. Therefore, statutory construction is the appropriate term to describe the judicial interpretation of an act of Congress and the subsequent clarification through new legislation.Rate this question:
- 2.
Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties; attempt to influence a court's decision
Explanation
Amicus curiae briefs, also known as "friend of the court" briefs, are legal documents submitted by individuals or organizations who are not directly involved in a case but have an interest in its outcome. These briefs aim to provide additional perspectives and present information that may not be included in the formal parties' briefs. The purpose of amicus curiae briefs is to influence the court's decision by offering alternative viewpoints and expertise on the legal issues at hand.Rate this question:
- 3.
Judicial interpretation of an act of Congress; Congress occasionally passes new legislation to clarify existing laws when this is an issue
Explanation
Statutory construction refers to the process of interpreting and analyzing the meaning and intent of a law passed by Congress. It involves examining the language, structure, and purpose of the statute to determine its scope and application. This process becomes necessary when there is ambiguity or uncertainty in the language of the law, and Congress may pass new legislation to provide clarification in such cases. Therefore, statutory construction is the appropriate term to describe the judicial interpretation of an act of Congress and the subsequent need for legislative clarification.Rate this question:
- 4.
Requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies
Explanation
Justiciable disputes refer to legal issues that can be resolved by a court of law, as opposed to being settled through legislative or political means. This requirement ensures that a case must involve a genuine legal controversy that can be decided based on existing laws and legal principles. It implies that the court has the authority to hear and resolve the dispute, rather than it being a matter for other branches of government or non-legal forums. Therefore, justiciable disputes are those that fall within the jurisdiction of the court and can be resolved through legal proceedings.Rate this question:
- 5.
Statement of legal reasoning
- 6.
Jurisdiction of courts, who view the legal issues involved rather than the factual record, that hear cases brought to them on appeal from lower courts
Explanation
Appellate jurisdiction refers to the authority of higher courts to review and make decisions on legal issues raised in cases that have been appealed from lower courts. In this context, the term "jurisdiction" refers to the power or authority of a court to hear and decide a case. The phrase "view the legal issues involved rather than the factual record" suggests that appellate courts focus on the interpretation and application of the law, rather than reevaluating the facts of the case. Therefore, the correct answer is appellate jurisdiction.Rate this question:
- 7.
Jurisdiction of courts, who are the ones that determine the facts about a case, that hear a case first, usually in a trial
Explanation
Original jurisdiction refers to the authority of a court to hear and decide a case in the first instance. It means that the court has the power to determine the facts of a case and make a judgment without any previous court having heard the case. This concept is important because it establishes which courts have the primary responsibility to handle certain types of cases and ensures that cases are heard and decided by the appropriate court initially.Rate this question:
- 8.
Judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground; emphasis that the courts can correct pressing needs, especially those unmet by the majoritarian political process, is important to advocates of this approach
Explanation
Judicial activism refers to a judicial philosophy where judges make bold policy decisions, even going as far as charting new constitutional ground. Advocates of this approach believe that the courts have the power to correct pressing needs that are not addressed by the majoritarian political process. In other words, judicial activism emphasizes the importance of the courts in addressing societal issues and making decisions that may go beyond traditional interpretations of the law.Rate this question:
- 9.
Presidential appointee and the third-ranking office in the Department of Justice; in charge of the appellate court litigation of the federal government
Explanation
The correct answer is "solicitor general." The solicitor general is a presidential appointee and holds the third-ranking office in the Department of Justice. They are responsible for handling the appellate court litigation of the federal government.Rate this question:
- 10.
Judicial philosophy in which judges play minimal roles, leaving that duty strictly to the legislatures
Explanation
Judicial restraint is a judicial philosophy where judges limit their own power and defer to the decisions made by the legislative branch. It is characterized by a belief that the role of the judiciary is to interpret and apply the law as it is written, rather than making new laws or policies. This approach emphasizes respect for the separation of powers and the democratic process, allowing elected lawmakers to have the primary responsibility for creating and changing laws. By exercising minimal roles, judges adhere to the principle of judicial restraint and avoid overstepping their authority.Rate this question:
- 11.
Latin phrase meaning "let the decision stand"; principle on which most cases reaching appellate courts are settled
Explanation
Stare decisis is a Latin phrase that means "let the decision stand." It is a principle that refers to the practice of courts following the precedent set by previous decisions. This principle is crucial in ensuring consistency and predictability in the legal system. It allows for the resolution of cases based on established legal principles, reducing the need to constantly reinvent the wheel. As a result, stare decisis is the guiding principle on which most cases reaching appellate courts are settled.Rate this question:
- 12.
Unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve; tradition applies to courts of appeal when there is opposition from the nominee's state senator
Explanation
Senatorial courtesy is an unwritten tradition in the United States whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve. This tradition also applies to courts of appeal when there is opposition from the nominee's state senator. In other words, if a senator from the president's party in the nominee's state opposes the nomination, it is unlikely to be confirmed. This practice is a way to show respect and deference to senators from a nominee's home state.Rate this question:
- 13.
The Constitution provided for:
- A.
A Supreme Court and an intricate system of lower federal courts
- B.
A Supreme Court, federal courts, and state courts all connected in one federal system
- C.
A federal court system that could include a Supreme Court and appellate courts
- D.
State courts and the ability of Congress to create whatever federal courts it deemed necessary
- E.
A Supreme Court and whatever other courts Congress deemed necessary and proper
Correct Answer
E. A Supreme Court and whatever other courts Congress deemed necessary and properExplanation
The correct answer states that the Constitution provided for a Supreme Court and whatever other courts Congress deemed necessary and proper. This means that the Constitution allows for the establishment of a Supreme Court as well as the authority for Congress to create additional federal courts as they see fit. This gives Congress the power to determine the structure and organization of the federal court system beyond just the Supreme Court.Rate this question:
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- 14.
The point of origin for most cases in the federal system would be:
- A.
Legislative courts
- B.
Appellate courts
- C.
The Supreme Court
- D.
Federal district courts
- E.
Specialized courts
Correct Answer
D. Federal district courtsExplanation
The point of origin for most cases in the federal system would be the federal district courts. These courts are the trial courts of the federal system and are responsible for hearing and deciding the majority of cases that arise within their jurisdiction. They have original jurisdiction, meaning that cases are typically filed and initially heard in these courts before they can be appealed to higher courts. The federal district courts are spread throughout the country and handle a wide range of civil and criminal cases, making them the starting point for most legal disputes in the federal system.Rate this question:
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- 15.
The United States Court of Appeals for the Federal Circuit:
- A.
Hears appeals in specialized cases such as copyright law, patents, and tariffs
- B.
Hears appeals from all federal district courts
- C.
Conducts oversight on the Supreme Court
- D.
Is a court of original jurisdiction
- E.
Hears only military appeals resulting from court martial proceedings
Correct Answer
A. Hears appeals in specialized cases such as copyright law, patents, and tariffsExplanation
The United States Court of Appeals for the Federal Circuit is responsible for hearing appeals in specialized cases such as copyright law, patents, and tariffs. This means that if a case involves any of these areas of law and is appealed, it would be heard by this court. The other options are incorrect because they do not accurately describe the jurisdiction and purpose of the Federal Circuit.Rate this question:
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- 16.
The Supreme Court today consists of a Chief Justice and:
- A.
Nine associate justices
- B.
Two assistant chief justices and six associate justices
- C.
Eight associate justices
- D.
Twelve associate justices, one of which is designated as assistant to the Chief Justice
- E.
Four assistant justices making a total of five
Correct Answer
C. Eight associate justicesExplanation
The correct answer is eight associate justices. The Supreme Court currently consists of a Chief Justice and eight associate justices.Rate this question:
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- 17.
The Supreme Court’s docket is mainly comprised of cases from:
- A.
State criminal courts
- B.
Law suits from state civil courts
- C.
Civil cases from federal courts
- D.
Original jurisdiction
- E.
United States Court of Appeals for the Federal Circuit
Correct Answer
C. Civil cases from federal courtsExplanation
The Supreme Court's docket is mainly comprised of civil cases from federal courts. This means that the majority of the cases that the Supreme Court hears and decides on are appeals from lower federal courts, rather than cases from state courts or original jurisdiction cases. This highlights the important role of the Supreme Court in interpreting and applying federal law, as well as resolving disputes between parties in federal civil cases.Rate this question:
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- 18.
Which of the following statements concerning federal judges is NOT true?
- A.
Federal judges are appointed by the president
- B.
Federal judges, with the exception of a few specialized courts, have life tenure
- C.
Federal judges cannot have their salaries reduced while in office
- D.
Federal judges require confirmation by the Senate once appointed by the President
- E.
Federal judges must be natural citizens born the United States
Correct Answer
E. Federal judges must be natural citizens born the United StatesExplanation
The statement that federal judges must be natural citizens born in the United States is not true. There is no specific requirement for federal judges to be natural-born citizens. They must be citizens of the United States, but they do not have to be born in the country.Rate this question:
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- 19.
After being appointed by the President, a Supreme Court nominee is investigated by:
- A.
The House Committee on Judges and Justices
- B.
The Senate Judiciary Committee
- C.
The FBI and the Justice Department
- D.
The Attorney General
- E.
The House Rules Committee
Correct Answer
B. The Senate Judiciary CommitteeExplanation
After being appointed by the President, a Supreme Court nominee is investigated by the Senate Judiciary Committee. This committee is responsible for conducting hearings and interviews to thoroughly examine the qualifications, background, and character of the nominee. They review the nominee's past decisions, legal expertise, and any potential conflicts of interest. The committee plays a crucial role in assessing the suitability of the nominee for a lifetime appointment to the highest court in the country.Rate this question:
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- 20.
John Marshall strengthened the power of the Supreme Court by invoking judicial review in:
- A.
McCulloch v. Maryland
- B.
Gibbons v. Ogden
- C.
Marbury v. Madison
- D.
Brown v. Board of Education
- E.
Scott v. Stanford
Correct Answer
C. Marbury v. MadisonExplanation
In Marbury v. Madison, John Marshall, as Chief Justice of the Supreme Court, established the principle of judicial review. This landmark case solidified the Court's authority to interpret the Constitution and declare laws unconstitutional. By asserting this power, Marshall significantly strengthened the Supreme Court's role as a check on the other branches of government, particularly the legislative branch. This decision set a precedent for the Court's ability to shape and influence national policy, ensuring the Court's position as a coequal branch of government.Rate this question:
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- 21.
The example of Eisenhower selecting Earl Warren to the Supreme Court demonstrates:
- A.
The wisdom of putting a friend on the Court
- B.
The ability of a President to select the right man for the administrations purposes
- C.
The importance of partisanship in Court selection
- D.
The possibility that a persons past record might not reflect his or her actions on the Court once appointed
- E.
How a President can get his nominee rejected by the Senate Judiciary Committee
Correct Answer
D. The possibility that a persons past record might not reflect his or her actions on the Court once appointedExplanation
The example of Eisenhower selecting Earl Warren to the Supreme Court demonstrates the possibility that a person's past record might not reflect his or her actions on the Court once appointed. This means that even if someone has a certain track record or ideology, their actions and decisions as a Supreme Court Justice may differ from what was expected based on their past. This highlights the importance of considering a nominee's potential for growth and adaptability in interpreting and applying the law.Rate this question:
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- 22.
The most common manner for a case to come before the court is:
- A.
On a writ of certiorari
- B.
On a writ of mandamus
- C.
As an amicus curiae brief
- D.
As a stare decisis case
- E.
On a per curiam decision
Correct Answer
A. On a writ of certiorariExplanation
A writ of certiorari is a legal document issued by a higher court (such as the Supreme Court) to review a case that has already been decided by a lower court. This is the most common way for a case to come before the court because it allows the higher court to select which cases it wants to review, rather than having to hear every case that is appealed. Therefore, the correct answer is "on a writ of certiorari."Rate this question:
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- 23.
The concept of original intent means:
- A.
The Supreme Court must decided cases as the original court of jurisdiction intended them to be decided
- B.
All cases must be decided based on stare decisis
- C.
The 14thAmendment must be considered in all cases dealing with the Bill of Rights as originally written by the Founders
- D.
Judges should determine the purposes of the writers of the Constitution when deciding the outcome of cases
- E.
Amicus curiae briefs must be the original basis of the Supreme Court’s rulings
Correct Answer
D. Judges should determine the purposes of the writers of the Constitution when deciding the outcome of casesExplanation
The concept of original intent means that judges should determine the purposes of the writers of the Constitution when deciding the outcome of cases. This approach suggests that the Constitution should be interpreted based on the intentions of its framers, rather than applying contemporary interpretations or personal beliefs. By understanding the original intent of the Constitution's authors, judges aim to uphold the original meaning and principles of the document when making legal decisions. This approach is often used in constitutional law cases to ensure consistency and fidelity to the original intentions of the framers.Rate this question:
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- 24.
President Nixon, hoping to move the court toward an attitude of strict construction selected ________________ as the Chief Justice in 1969.
- A.
Earl Warren
- B.
John Marshall
- C.
Warren Burger
- D.
William Rehnquist
- E.
Sandra Day O’Connor
Correct Answer
C. Warren BurgerExplanation
President Nixon selected Warren Burger as the Chief Justice in 1969 because he hoped to move the court toward an attitude of strict construction.Rate this question:
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- 25.
That the Supreme Court should be an advocate for the under-represented and politically weak would be an argument for:
- A.
Judicial activism
- B.
Judicial restraint
- C.
Judicial review
- D.
Original intent
- E.
Stare decisis
Correct Answer
A. Judicial activismExplanation
Judicial activism refers to an approach where judges interpret and apply the law in a way that promotes social and political change, especially in cases involving under-represented and politically weak groups. This means that the Supreme Court actively advocates for the rights and interests of these groups, making it the most suitable answer for the given statement. Judicial restraint, on the other hand, emphasizes a more limited role for the judiciary, while judicial review, original intent, and stare decisis are different principles guiding the interpretation and application of the law.Rate this question:
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- 26.
When Alexander Hamilton stated that “the Constitution ought to be the standard of construction for the laws, and ... wherever there is an evident opposition; the laws ought to give place to the Constitution…” he was advocating for:
- A.
Loose construction by the Courts
- B.
Strict construction by the Courts
- C.
The Courts to disregard the Constitution and do what they saw as correct
- D.
Stare decisis in all cases
- E.
Judicial activism
Correct Answer
B. Strict construction by the CourtsExplanation
Alexander Hamilton's statement suggests that the Constitution should be the ultimate guide for interpreting and applying laws. He argues that in cases where there is a clear conflict between a law and the Constitution, the Constitution should take precedence. This aligns with the concept of strict construction by the Courts, which emphasizes a literal and narrow interpretation of the Constitution. Hamilton's advocacy for this approach implies a belief in limited judicial discretion and a commitment to upholding the original intent of the Constitution.Rate this question:
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- 27.
The general welfare clause and the necessary and proper clause are used as points of argument for those favoring:
- A.
Judicial professionalism
- B.
Judicial constraint
- C.
Original intent
- D.
Constitutionalism
- E.
Loose constructionism
Correct Answer
E. Loose constructionismExplanation
The general welfare clause and the necessary and proper clause are often used as points of argument for those favoring loose constructionism. Loose constructionism is an approach to interpreting the Constitution that allows for a more flexible and broad interpretation of its provisions. Supporters of loose constructionism argue that the general welfare clause and necessary and proper clause give the government the authority to take actions that are not explicitly stated in the Constitution in order to promote the overall well-being of the country. This interpretation allows for more discretion and flexibility in policymaking.Rate this question:
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- 28.
When a justice on the Supreme Court agrees with the opinion of the Court but wishes to announce a different Constitutional or legal basis for the decision, the justice would write a:
- A.
Majority opinion
- B.
Minority opinion
- C.
Concurring opinion
- D.
Dissenting opinion
- E.
Opinion of the Court
Correct Answer
C. Concurring opinionExplanation
A justice on the Supreme Court writes a concurring opinion when they agree with the opinion of the Court but want to provide a different Constitutional or legal basis for the decision. This allows the justice to express their agreement with the outcome while offering their own reasoning or interpretation of the law. A concurring opinion can provide additional perspectives or arguments that may influence future legal interpretations or decisions.Rate this question:
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- 29.
In order for the Supreme Court to hear a case:
- A.
A lower court must request the hearing
- B.
Four of the justices must agree to hear the case
- C.
A major Constitutional issue must be questioned
- D.
The President must ask for the hearing
- E.
The Chief Justice must want the case to appear on the Court’s Docket
Correct Answer
B. Four of the justices must agree to hear the caseExplanation
In order for the Supreme Court to hear a case, it is necessary for four of the justices to agree to hear the case. This means that at least four out of the nine justices must vote in favor of granting the hearing. This requirement ensures that there is a sufficient level of agreement among the justices before a case is taken up by the Supreme Court. It helps to prevent cases with limited legal significance or weak arguments from burdening the Court's docket, while also allowing important and controversial cases to be heard and decided upon by the highest court in the land.Rate this question:
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- 30.
Today, most judges are selected by Presidents based on:
- A.
Ideology
- B.
Partisanship
- C.
Judicial experience
- D.
Credentials and their resume
- E.
Friendship with the President before the nomination
Correct Answer
A. IdeologyExplanation
Judges being selected by Presidents based on ideology means that the Presidents choose judges who align with their own political beliefs and values. This allows the President to appoint judges who are likely to interpret and apply the law in a manner consistent with their own ideology. This selection process ensures that the President's policies and agenda are more likely to be supported and upheld by the judiciary.Rate this question:
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- 31.
Which of the following is NOT true concerning Senatorial courtesy?
- A.
Nominees for the federal bench are not confirmed if opposed by the senator of the President’s party from the home state of the nominee
- B.
Presidents usually contact the Senators from a nominee’s home state prior to making the official announcement to avoid later problems with Senatorial courtesy
- C.
The tradition of Senatorial courtesy places a great amount of power for the nomination process in the hands of the Senators
- D.
Senatorial courtesy is an old fashion tradition which is not always followed by Presidents today
- E.
Senators may invoke Senatorial courtesy without documentation or proof of why a nominee is unfit for the job
Correct Answer
D. Senatorial courtesy is an old fashion tradition which is not always followed by Presidents todayExplanation
The explanation for the given correct answer is that Senatorial courtesy is an old-fashioned tradition that is not always followed by Presidents today. This means that while Senatorial courtesy used to be a common practice in the nomination process, it is no longer consistently adhered to by Presidents.Rate this question:
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Mar 21, 2023Quiz Edited by
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Feb 13, 2012Quiz Created by
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