Judicial branch

Which of the following best explains the principle of stare decisis?

• It requires that at least four Supreme Court justices agree to hear a case.

• It encourages presidents to take judicial experience into account when nominating judges.

• It encourages judges to follow precedent when deciding cases.

• It reinforces the philosophy of judicial activism.

• It increases the number of cases judges are required to hear.

Based on the data in the chart, which of the following is true?

• The percentage of liberal decisions made by the federal district courts on civil rights and civil liberties cases increased between 1900 and 1928.

• The percentage of liberal decisions made by the Supreme Court on civil rights and civil liberties cases decreased between 1964 and 1996.

• The number of civil rights and civil liberties cases heard by the Supreme Court declined between 1944 and 1952.

• The number of civil rights and civil liberties cases heard by the federal district courts decreased between 1972 and 1992.

In the case Twining v. New Jersey (1908), the Supreme Court held that the Fifth Amendment’s protection against self-incrimination is not applicable to the states. In 1964 the Supreme Court overruled the decision in Malloy v. Hogan (1964) and held that the right was incorporated to the states. This scenario illustrates which of the following?

• The Supreme Court oftentimes overrules lower court decisions.

• Constitutional amendments can be used to overturn previous Supreme Court decisions.

• The executive branch can sometimes evade Supreme Court decisions.

• Ideological changes to the Supreme Court can lead to the overturning of precedent.

Which of the following scenarios best illustrates the concept of a case being decided based on precedent?

• The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause.

• The Supreme Court overturns a lower court decision in a case dealing with voter identification laws.

• A state passes a law which contradicts federal law, causing the Supreme Court to rule in favor of the federal government.

• The chief justice of the Supreme Court disagrees with the majority of the other justices and decides to declare a law passed by Congress as unconstitutional.

Which of the following is a primary function of the Senate Judiciary Committee?

• Conducting oversight hearings on the Supreme Court budget

• Conducting investigations into allegedly subversive activities

• Conducting hearings on judicial appointments made by the president

• Conducting investigations into wrongdoing by the executive branch

• Initiating appointments to the Supreme Court

Those who believe that the Supreme Court in its rulings should defer to the elected institutions of government are advocating

• "Social Darwinism"

• "judicial activism"

• "judicial restraint"

• "incorporation"

• "nullification"

Which of the following is true of nominees for federal judgeships?

• They are recruited from the current pool of United States attorneys.

• They are nominated by the Senate and approved by the House of Representatives.

• They are elected in popular elections in individual states.

• They must receive the approval of the American Bar Association upon nomination.

• They are appointed for life by the President with the advice and consent of the Senate.

Which of the following is empowered to create new federal courts and specify the number of judges who will sit on them?

• The Supreme Court

• Congress

• The President

• The Department of Justice

• The attorney general

Which of the following best defines the term “judicial activism”?

• The demands on judges to hear large numbers of cases

• The efforts of judges to lobby Congress for funds

• The attempts by judges to influence election outcomes

• The unwillingness of judges to remove themselves from cases in which they have a personal interest

• The tendency of judges to interpret the Constitution according to their own views

What court case established Judicial Review?

• McCulloch vs. Maryland

• Plessy vs. Ferguson

• Marbury vs. Madison

• Hamilton vs. Jefferson