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Judicial Branch Review

Total questions: 35

Worksheet time: 35mins

Name
Class
Date
1.
What is the difference between original jurisdiction and appellate jurisdiction?
a)
Original jurisdiction refers to a case being heard in a federal court; appellate jurisdiction refers to a case being heard in a State court.
b)
Original jurisdiction refers to criminal or civil cases; appellate jurisdiction refers to only to civil cases.
c)
Original jurisdiction refers to a case that could be heard in a federal or a State court; appellate jurisdiction refers to a case that must be heard in a federal court.
d)
Original jurisdiction refers to a court where a case is first heard; appellate jurisdiction refers to a case being heard after it was tried in a lower court.
2.
How are federal judges selected?
a)
The person is named to the bench by the President and confirmed by the Senate.
b)
The person is named to the bench by the President and does not need to be confirmed.
c)
The person is publicly elected to the bench and confirmed by the Senate.
d)
The person is nominated by the Senate and chosen by the President.
3.
In the federal system, a district court has the power to
a)
retry a case that was first decided by a State court.
b)
exercise original jurisdiction over a federal case.
c)
apply appellate jurisdiction to a federal case.
d)
determine if a lower court made an unconstitutional ruling on a case.
4.
What is a possible avenue through which some cases have reached the Supreme Court?
a)
Congress asks the Court to review a proposed or recently passed law to see if it is constitutional.
b)
A State holds a convention in which the public votes to have a case sent to the Court for review.
c)
The Court decides to review one of its own earlier cases in order to change or modify its ruling.
d)
The Court issues a writ of certiorari instructing a lower court to send it a case to review.
5.
In the federal court system, the cases tried by the district courts
a)
are usually appealed to a higher court by the losing side.
b)
make up the majority of federal cases brought to trial.
c)
deal only with federal crimes as defined by Congress.
d)
always involve the United States as a plaintiff.
6.

How many Supreme Court Justices sit on the Supreme Court?

a)

7

b)

9

c)

5

d)

12

7.

Appellate Jurisdiction is when:

a)

a court is the first to hear a case

b)

a court has the authority to hear a case

c)

a court reviews the decision of a lower court

d)

power is shared between the Federal and State courts to hear a certain case

8.

Original Jurisdiction is when:

a)

a court is the first to hear a case

b)

a court has the authority to hear a case

c)

a court reviews the decision of a lower court

d)

power is shared between the Federal and State courts to hear a certain case

9.

What argument was the author of this statement, John Marshall, making about how the Federal Government should function?


“It is emphatically the province and duty of the Judicial Department to say what the law is.”

John Marshall, Marbury v. Madison, Opinion of the Court

a)

The judicial branch of the Federal Government should have the power to make laws.

b)

The judicial branch of the Federal Government should have power to interpret laws.

c)

The judicial branch has the sole authority to establish a federal court system.

d)

Only the laws created by the Federal Government, and approved by the Court, have any authority in the federal system.

10.

Which of the following is an example of the principle of judicial review being exercised?

a)

The Senate first examines, and then rejects a Supreme Court candidate.

b)

The President appoints a candidate to serve on the Supreme Court.

c)

The Supreme Court declares a State law unconstitutional.

d)

Congress decides to impeach a federal judge for failure to uphold the law.

11.

The authority to hear certain cases is called:

a)

judicial review.

b)

litigation of the court.

c)

writ of certiorari.

d)

jurisdiction of the court.

12.

Which of the following best explains what Judicial Review is and why it's important.

a)

It gives the president the power to review cases that the supreme court has issued rulings on. This allows the president to correct mistakes that the court has potentially made. It also allows the checks and balances concept within the government to remain strong.

b)

It gives congress the power to review cases that the supreme court has issued rulings on. This allows congress to correct mistakes that the court has potentially made. It also allows the checks and balances concept within the government to remain strong.

c)

It gives the supreme court the power to create and review treaties with foreign countries. This allows the court to play a greater role in the government than what was previously established by the constitution.

d)

It gives the supreme court the power to review the actions of /laws created by the executive and legislative branch. The court can rule those actions or laws unconstitutional. It also allows the checks and balances concept within the government to remain strong.

13.

The U.S. Constitution creates which court(s)?

a)

The Supreme Court

b)

The Federal Courts

c)

The State Courts

d)

All of the above

14.

If a person loses a trial, they can go to the courts above the trial court. These higher courts are called the ___________.

a)

appellate courts.

b)

Supreme Courts.

c)

state courts.

d)

second trial courts.

15.
Decisions made by COURTS and Judges in prior cases that must be follow in future cases are:
a)
ordinances
b)
precedents
c)
regulations
d)
statutes
16.
What is the purpose of the Judicial Branch?
a)
Interpret laws
b)
Execute laws
c)
Create laws
17.
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party"
The Supreme Court has what type of jurisdiction with these types of cases?
a)
Original
b)
Appellate
18.
Term of office for a Supreme Court justice
a)
elected for a period of 5 years
b)
nominated for a period of 10 years
c)
elected for a period of 8 years
d)
nominated for life (until retirement or death)
19.
Which court case created the constitutionality of "Separate but Equal"?
a)
Plessy v Ferguson
b)
Texas v Johnson
c)
Marbury v Madison
d)
Miranda v. Arizona
20.
Which court case expressed that all individuals have the right to an attorney for any criminal charge?
a)
Lemon v Kurtman
b)
Gideon v Wainwright
c)
US v Nixon
d)
Brown v Board of Ed
21.
Which court case is important in protecting the 4th Amendment right to "unreasonable search and seizures"? 
a)
Mapp v Ohio
b)
Gideon v Wainwright
c)
US v Nixon
d)
Brown v Board of Ed
22.
Which court case overruled Plessy v Ferguson and declared that separate is not equal? 
a)
Mapp v Ohio
b)
Gideon v Wainwright
c)
US v Nixon
d)
Brown v Board of Ed
23.

This ruling held held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

a)

Regents of California v. Bakke, 1978

b)

Plessy v. Ferguson, 1896

c)

New Jersey v. TLO, 1985

d)

Miranda v. Arizona, 1966

24.

The court declared that "student rights do not stop at the schoolhouse gates." The wearing of black armbands was protected by the Constitution. Students enjoy protection of the Bill of Rights unless their actions materially disrupt the educational environment.

a)

Regents of California v. Bakke,1978

b)

Roe v. Wade, 1973

c)

Tinker v. Des Moines School District, 1969

d)

Texas v. Johnson, 1991

25.

What is the significance of the landmark Supreme Court case Miranda v. Arizona (1966)

a)

Police now must read suspects their “Miranda” rights (a statement explaining that they have the right to remain silent and have an attorney present for questioning).

b)

Police now must read suspects their “Miranda” rights (a statement explaining that they don't have to house soldiers in their home)

c)

Police now must read suspects their “Miranda” rights (a statement explaining that they have the right to bear arms)

26.

This Supreme Court case determined that students do NOT have the same rights with search and seizure as adults in a school setting.

a)

Tinker v Des Moines

b)

Hazelwood v Kuhlmeier

c)

New Jersey v. TLO

d)

Brown v. Board of Education

27.
The first Supreme Court case to decide that the Second Amendment protects an individual’s right to keep and bear arms for self-defense.
a)
District of Columbia v. Heller
b)
Miranda v. Arizona
c)
Gideon v. Wainwright
28.

This ruling held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression.

a)

In re Gault, 1966

b)

Korematsu v. United States, 1944

c)

Hazelwood School District v. Kuhlmeier, 1988

d)

Mapp v. Ohio, 1961

29.

This ruling invalidated prohibitions on desecrating the American flag in force in 48 of the 50 states. Justice William

Brennan wrote for a five-justice majority in holding that the defendant's act of flag burning was protected speech under the first amendment.

a)

Regents of California v. Bakke,

b)

Roe v. Wade, 1973

c)

Tinker v. Des Moines School District, 1969

d)

Texas v. Johnson, 1991

30.

The person who is being accused of wrong doing or a criminal act is called the-

a)

prosecution

b)

plaintiff

c)

defendant

d)

jury

31.

If you believe your trial was not handled fairly what can you do?

a)

Nothing, the verdict is final

b)

Appeal your verdict to a higher court

c)

Write to the judge

d)

Petition the Supreme Court

32.

If someone is on trial for committing an illegal act they would go to....

a)

the Supreme Court

b)

Civil Court

c)

Criminal Court

d)

jail

33.

Use these words to fill in the blank below.

bailiff appeal plaintiff/prosecutor court clerk verdict

The ___ is the person who brings legal action against another person and is responsible for proving the person's guilt.

a)

verdict

b)

bailiff

c)

plaintiff/ prosecutor

d)

court clerk

34.

hold or express opinions that are at variance, different or in disagreement with those previously, commonly, or officially expressed.

a)

Dissent

b)

Agreement

c)

Contrary

35.

Which is true of the Majority Opinion of the Supreme Court?

a)

It adds or emphasizes a point not made in the other argument.

b)

It is the court’s opinion that sets the model (precedent) for other courts to follow

c)

It is the court’s opinion that really has no power.

d)

It is the losing argument which could be reversed later.