U.S. Government Unit 8: The Judicial Branch Part II

The American concept of due process can be traced back to common law practices that were FIRST codified in the

• Magna Carta.

• Mayflower Compact.

• English Bill of Rights

• Articles of Confederation.

The Supreme Court of the United States is mainly an appellate court, meaning

• it cannot hear a case the first time.

• it is the court used by the military services.

• it is always allowed to rule on any case it sees fit.

• it hears a case after another court has ruled on that case.

In legal proceedings, lower courts tend to have original jurisdiction, meaning

• they are only allowed to hear cases classified as felonies.

• they are only allowed to hear cases classified as misdemeanors.

• they have the right to hear a case for the first time it has been presented in the legal system.

• they can only hear a case after it has already been argued in a different level of the legal system.

Which would a Supreme Court justice write if he or she disagreed with a ruling of the court?

• a majority opinion

• a per curiam opinion

• a dissenting opinion

• a concurring opinion

The outcome of a Supreme Court case is decided by a majority of justices. The smallest possible majority in the Supreme Court is

• one vote.

• nine votes.

• five votes.

• four votes.

Convicted criminals who have served part of their prison sentence and have demonstrated good behavior may be granted

• parole.

• a pardon.

• a reprieve.

• incarceration.

Which is an example of judicial activism?

• A judge reviews laws and studies the Constitution.

• A judge hears a case brought up from a lower court.

• A judge strikes down a law that she does not agree with.

• A judge strikes down a law that violates the Constitution.

Which of these situations BEST illustrates a case in which the due process of law is violated?

• Police officers force a crime suspect from his home and imprison him.

• A crime suspect refuses to speak to police until her lawyer is present.

• Two friends enter a legal dispute over a monetary loan that was not repaid.

• A convicted drunk driver is charged with criminal negligence for her actions.

"It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each."

- John Marshall, Chief Justice of the Supreme Court

The authority claimed by John Marshall in this ruling is that the Supreme Court has the right of...

• making laws.

• judicial review.

• veto any laws of Congress.

• issuing writs of mandamus in all cases.

The President nominates a candidate for the Supreme Court Justice, but which part of Congress must approve his/her nomination?

• The Senate

• The Vice President

• The House of Representatives

• The Secretary of Judicial Affairs