pretest 14

The Marbury v. Madison (1805) Supreme Court decision is significant

• as the Court's first non-majority opinion.

• as the first use of judicial activism.

• for the establishment of judicial review.

• as the first instance of the Court ruling on a disagreement between states.

The laws applicable to a case constrain the judiciary, because court decisions must be based on applicable laws.

• True

• False

A Supreme Court opinion written when the majority of the justices agree on the legal reasoning for the decision is a(n)

• plurality opinion.

• concurring opinion.

• dissenting opinion.

• majority opinion.

Under the principal of judicial review the judiciary has the authority to

• ignore public opinion when making decisions.

• invalidate the actions of other institutions when judges believe they have acted unconstitutionally.

• decide which laws apply to a particular case.

• make political decisions; judges can overturn any congressional or presidential decision they personally dislike.

The first African American justice to serve on the U.S. Supreme Court was

• Clarence Thomas

• Robert Bork

• Antonin Scalia

• Thurgood Marshall

What are the constitutional requirements for being a federal judge?

• at least 30 years old and a lawyer in good standing with the state bar

• There are no constitutional requirements for being a federal judge.

• at least 30 years old and a citizen of the United States

• at least 30 years old and a resident of the specific judicial district

An amicus curiae ('friend of the court') brief provides a court with the view held by an interest that is not a direct party to the case.

• True

• False

A concurring opinion is delivered when the Court interprets a constitutional issue.

• True

• False

The opinion is often more significant than the decision in a Supreme Court case because it

• addresses the constitutional aspects of a case, whereas the decision addresses the statutory aspects.

• reveals the conflicts between the justices, which the president and Congress can use in determining their position on judicial appointments and new legislation.

• informs others of the Court's interpretation of the laws and thereby guides their decisions.

• determines the losing party in a case and the penalty to be imposed on this party.

Federal judges are carrying out decisions made by Congress, the president, and the courts.

• True

• False