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Judicial Branch Review (Summer)

Total questions: 37

Worksheet time: 23mins

Name
Class
Date
1.

An order from the Supreme Court to a lower court to send up the records on a case they are going to review

a)
Writ of habeas corpus
b)
Writ of certiorari
c)
Writ of mandamus
d)
Writ of appeal
2.

The steps the courts must follow when carrying out the law

a)

Stare Decisis

b)

Precedent

c)

Due Process

d)

Rule of Law

3.

Means "let the decision stand" refers to the principle that the court should follow the precedent of earlier cases

a)

Stare Decisis

b)

Precedent

c)

Due Process

d)

Rule of Law

4.

Legal principle that means that lower courts must follow the decisions of higher courts

a)

Stare Decisis

b)

Precedent

c)

Due Process

d)

Rule of Law

5.

Principal of the Constitution that makes everyone accountable to the law and no one is above the law

a)

Stare Decisis

b)

Precedent

c)

Due Process

d)

Rule of Law

6.

Philosophy that courts must be involved in political and social controversies to protect Constitutional rights

a)
Judicial Activism
b)
Court Interference
c)
Legal Activism
d)
Judicial Overreach
7.

Philosophy that courts should avoid involving itself in political and social controversies and avoid overturning previous laws or decisions

a)
Legislative Restraint
b)
Judicial Activism
c)
Judicial Restraint
d)
Judicial Interference
8.

Authority of a trial court to be the first to hear a case

a)
Secondary jurisdiction
b)
Supreme jurisdiction
c)
Original jurisdiction
d)
Appellate jurisdiction
9.

Authority held by a court to hear a case that is appealed by a lower court

a)
appellate authority
b)
appellate power
c)
appellate control
d)
appellate jurisdiction
10.

Authority shared by both federal and state courts

a)
Appellate jurisdiction
b)
Exclusive jurisdiction
c)
Concurrent jurisdiction
d)
Original jurisdiction
11.

If the Supreme Court decided to rule an Arizona immigration law unconstitutional it would be practicing what is called

a)
Legislative review
b)
Judicial review
c)
Executive review
d)
Judicial activism
12.

Which of these is a power of the judicial branch? 

a)
Interpreting laws, reviewing decisions, declaring laws unconstitutional
b)
Enforcing laws
c)
Executing laws
d)
Creating laws
13.

The court that has the power to hear a case first has which type of jurisdiction? 

a)
Original jurisdiction
b)
Concurrent jurisdiction
c)
Exclusive jurisdiction
d)
Appellate jurisdiction
14.

In order to become a member of the Supreme Court, Supreme Court justices are nominated by the [_______________] and confirmed by the [___________]. 

a)
Congress, President
b)
House of Representatives, Senate
c)
President, Senate
d)
Governor, House of Representatives
15.

If the Supreme Court declares a law unconstitutional, which of these is the BEST action that can be taken to remedy the situation?

a)

Congress can amend the Constitution

b)
File a lawsuit against the Supreme Court
c)
Ignore the Supreme Court ruling
d)
Repeal the law
16.

“Judges must look at what the basic values were that underlie the First Amendment… those you don’t change. You have to follow the value underlying the Constitutional provision, applying it to circumstances that the framers did not know would exist” 
                                                                                                                                                          Justice Breyer 

 

Based on this quote we could tell that Justice Breyer has what judicial philosophy?

a)

Originalist

b)
Textualism
c)

Strict Interpretation

d)

Judicial Activism

17.

Which of the following federal courts exercises both original and appellate jurisdiction?

a)
United States Tax Court
b)
United States Court of Appeals
c)
United States Supreme Court
d)
United States District Court
18.

Which of the following statements about federal judges is TRUE?

a)

They serve "during good behavior," or for life

b)
Federal judges are elected by the public.
c)
Federal judges can be removed by the President at any time.
d)
Federal judges serve a maximum term of 10 years.
19.

Which federal court has original jurisdiction over MOST cases heard in federal court?

a)
Circuit Court
b)
Supreme Court
c)
Appellate Court
d)
District Court
20.

How did the Judiciary Act of 1789 expand the federal judicial branch?

a)

Congress created lower, or "inferior," courts.

b)
Limited the jurisdiction of federal courts
c)
Abolished the federal court system
d)
Reduced the number of federal courts
21.

All of the following actions can be taken by the federal Circuit Courts of Appeals when reviewing Constitutional issues from lower courts EXCEPT:

a)

the Appeals Court can overturn the lower court's verdict

b)

the Appeals Court can reject the appeal petition

c)

the Appeals Court can accept the case because it has original jurisdiction

d)

the Appeals Court can order a new trial at a lower court

22.

The purposes of the 12 federal courts of appeals include all of the following EXCEPT:

a)

to relieve the workload of the Supreme Court.

b)

to hear appeals from the district courts.

c)

to consider appeals from government agencies

d)

to hear cases that have bypassed the lower courts using original jurisdiction

23.

The term of office for constitutional court judges is determined by

a)
a public opinion poll
b)
the length of their hair
c)

the Constitution

d)
a random drawing
24.

The Rule of Four is used to...

a)

issue arrest warrants

b)

determine the prison sentence of convicted criminals

c)

determine the outcome of a case in a district court

d)

determine whether the Supreme Court will hear a case or reject it

25.

What was the intent of Congress when creating the inferior courts? 

a)
To establish a system of higher federal courts
b)

To relieve the case burden on the Supreme Court

c)
To limit access to justice for citizens
d)
To abolish the judicial system
26.

"By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like.  Limitations of this kind can be preserved in practice in no other way than through the medium of courts of justice, whose duty it must be to declare all act contrary to the manifest tenor of the Constitution void"

-Federalist no. 78

Alexander Hamilton

26.

Which principle of government is Alexander Hamilton discussing in this excerpt?

a)

Separation of Powers

b)

Federalism

c)

Judicial Review

d)

Divine Right of Kings

27.

All of the following are components of federal District Courts except

a)

Jury trials

b)

appellate jurisdiction

c)

Assumed innocence until proven guilty

d)

Verdicts

28.

A judge whose judicial philosophy is ______________________________ would believe that judges should not actively try to shape social and political issues or redefine the Constitution.

a)
progressivism
b)
loose constructionism
c)

Judicial Restraint

d)
judicial activism
29.

What is the purpose of the dissenting opinion of the Supreme Court?

a)

It has no real purpose upon the Court.

b)

It creates a binding precedent for future rulings.

c)

It is often used to encourage others to bring similar cases to the Court.

d)

It is just a differing opinion that is included in the final document so that all opinions are expressed for the record.

30.

Which type of opinion in a Supreme Court case is the official judgment of the Court and expresses the legal reasoning behind the decision for future legal reference?

a)
Dissenting opinion
b)
Concurring opinion
c)
Plurality opinion
d)
Majority opinion
31.

According to the judicial principle of Stare Decisis, which means "let the decision stand," a future case that is similar to a case in which the Supreme Court has ruled in the past would be decided in what way?

a)

However a minority of the Justices want to rule

b)

In a new way unrelated to the older case

c)

Overturning the decision in the previous case

d)

Following the precedent of the first case

32.

When four Supreme Court Justices vote to accept a case, the Supreme Court issues a writ of certiorari. 

What is a writ of certiorari?

a)

An order to a lower court to send up the records from a case for review

b)
A formal request for the Supreme Court to reject a case.
c)
A document requesting a retrial in a lower court.
d)
A petition to impeach a Supreme Court Justice.
33.

After the Supreme Court grants certiorari in a case, what is the next step?

a)
Parties present their case to a lower court
b)

Lawyers for both sides submit briefs to the Supreme Court

c)
The case is automatically dismissed
d)
The Supreme Court issues a final ruling without further proceedings
34.

In the case of Marbury vs. Madison which law was struck down by the Supreme Court?

a)
Judiciary Act of 1789
b)
Sherman Antitrust Act
c)
Alien and Sedition Acts
d)
Homestead Act
35.

Which of the following scenarios is an example of the principle established in the Supreme Court case Marbury v. Madison (1803)?

a)
A state court ruling on a case involving state law.
b)
The President vetoing a bill passed by Congress.
c)
The Supreme Court declaring a law passed by Congress as unconstitutional.
d)
A federal agency issuing regulations for a new industry.
36.

“ The only way to preserve (Constitutional) values the way The People voted to maintain them is to give the words the meaning they were understood to have when The People ratified them” 
Former Supreme Court Justice Antonin Scalia

36.

This quote from Justice Scalia would most likely tell  us that his Judicial philosophy was what?

a)

Judicial Restraint

b)
Living Constitution
c)
Judicial activism
d)
Textualism
37.

Prior to arguing a case to the Supreme Court lawyers must provide the Justices with ___________ to inform them on the facts of a case. 

a)
legal brief
b)
judicial report
c)
court transcript
d)
legal document