The Judicial Branch
Multiple Choice-4 points each
Identify the choice that best completes the statement or answers the question.
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1. One weakness of the Articles of Confederation was that
a. it established a dual court system.
b. it did not provide for a national judiciary.
c. Congress could create only a few lower federal courts.
d. the jurisdiction of the Supreme Court was not clearly defined.
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2. Which of the following statements about federal judges is TRUE?
a. They must have had previous service as State court judges or attorneys.
b. They serve a fixed term of office, set by Congress.
c. They are appointed by the President and confirmed by the Senate.
d. All of the above are true.
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3. Which one of the following duties is NOT performed by a United States magistrate?
a. issuing arrest warrants
b. setting bail
c. trying some cases concerning minor offenses
d. recording court proceedings
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4. Jurisdiction DIRECTLY limits
a. when a case may be heard.
b. which court may decide a case.
c. how many witnesses may be called by the defendant.
d. the number of times a case may be appealed.
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5. The federal officers who make arrests, secure jurors, and serve legal papers are
a. marshals.
b. magistrates.
c. United States attorneys.
d. deputy clerks.
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6. Which of the following are all special courts?
a. Court of Appeals for the Armed Forces, Court of Federal Claims, U.S. Tax Court
b. U.S. Tax Court, Court of International Trade, Court of Federal Claims
c. Court of Appeals for the Armed Forces, Court of Appeals for Veterans Claims, Court of
Appeals for the Federal Circuit
d. Court of Federal Claims, U.S. Tax Court, Court of Appeals for the Federal Circuit
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7. The Framers provided for life tenure for federal judges
a. to protect them from concern that they may be dismissed if their rulings are unpopular.
b. to insulate them from politics.
c. both a and b
d. neither a nor b
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8. The reason the courts of appeals are sometimes called “gatekeepers” is that
a. they allow only the most qualified judges to pass through to the Supreme Court.
b. they block unwanted influence from political parties from reaching the Supreme Court.
c. they allow only the most controversial and significant cases past the “gate” to the Supreme
Court.
d. they keep track of which cases go to which court in the federal system.
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9. As the Supreme Court goes about its work of interpreting and applying laws passed by Congress, it
exemplifies
a. the concept of popular sovereignty.
b. the federal system.
c. the doctrine of separation of powers.
d. the system of checks and balances.
____ 10. Dissenting opinions accomplish all of the following EXCEPT
a. allowing the voice of the minority to be heard.
b. providing a statement of opinion that may be looked at in a new light in future years.
c. providing a precedent to be followed by the lower courts.
d. establishing a record of the reasons the Court’s opinion was divided.
____ 11. The only federal court with both original and appellate jurisdiction is
a. U.S. Court of Appeals
b. The Supreme Court
c. U.S. District Court
d. Circuit Court
____12. Use the political cartoon below to answer question 12
The artist is concerned with Justice Kennedy’s use of ___________
a. Judicial Activism
b. Judicial Restraint
c. Amicus Curiae
d. Writ of Certori
____ 15. In Marbury v. Madison, why were writs of mandamus declared unconstitutional?
a. It expanded the powers of the Judicial Branch through legislative action rather than an
amendment
b. It was used to politically influence the Judicial Branch, thus compromising its impartiality
c. It violated Section II of Article I of the Constitution
d. It violated Section VI of Article I of the Constitution
____ 16. Which section of the Constitution established the Judicial Branch?
a. Article I
b. Article II
c. Article III
d. Article IV
____ 17. What is the process in which parts of the Bill of Rights have been systematically applied to the states?
a. Judicial Review
b. Selective Incorporation
c. Miranda Rights
d. Judicial Activism
____ 18. _____________ established the principle of Judicial Review.
a. Article III
b. Marbury v. Madison
c. Plessy v. Ferguson
d. The 10th Amendment
____ 19. In Gideon v. Wainright, the Supreme Court applied part of the Sixth Amendment to the states when it found
that state courts must provide counsel in criminal cases for those defendants who are unable to pay for their
own.. What process did this decision rely on?
a. Article I
b. Judicial Implementation
c. Selective Incorporation
d. Writ of Mandamus
____ 20. In order to establish selective incoporporation in Gitlow v. New York, what amendment did the Supreme Court
utilize?
a. Fourteenth Amendment
b. First Amendment
c. Eighteenth Amendment
d. Twentieth Amendment
Essay-10 Points Each
21. Supreme Court cases inevitably end with a decision from the Court. Describe the three types of opinions that
can be written as part of that decision.
22. How has the power of the Judicial Branch changed over time? In your answer, be sure to include a
thesis statement and at least two specific examples to support your conclusions.
The Judicial Branch
Answer Section
MULTIPLE CHOICE
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21. ANS:
The majority opinion announces the Court's decision and explains the reasoning on which it is based. The
concurring opinion is written by a justice who agrees with the majority opinion. It either adds a point not
made in the majority opinion or emphasizes an existing point. The dissenting opinion is written by justices
who do not agree with the majority opinion.
22. ANS:
-Increased
Specific Examples:
Article III of the Constitution establishes a national judicial branch (none under AoC)
Marbury v. Madison establishes Judicial Review
Gitlow v. New York establishes the Incorporation Doctorine