AP Review – Part 9
The Judiciary
1) Judicial authority extends to issues dealing
with all the following areas EXCEPT
a. Common Law
b. equity
c. Civil law
d. Criminal law
e. Pending legislation
1) Judicial authority extends to issues dealing
with all the following areas EXCEPT
a. Common Law
b. equity
c. Civil law
d. Criminal law
e. Pending legislation
2) Which of the following represents the best
example of a case dealing with original
jurisdiction?
a. A review of New York and New Jersey arguing over
property rights related to Ellis Island
b. An appeal by a convict on death row
c. A review of the constitutionality of a school district
allowing prayer at a graduation ceremony
d. A review of President Nixon’s decision not to turn over the
Watergate tapes to Congress
e. A review of a federal law mandating affirmative action in
industries that have contracts with the government
2) Which of the following represents the best
example of a case dealing with original
jurisdiction?
a. A review of New York and New Jersey arguing over
property rights related to Ellis Island
b. An appeal by a convict on death row
c. A review of the constitutionality of a school district
allowing prayer at a graduation ceremony
d. A review of President Nixon’s decision not to turn over the
Watergate tapes to Congress
e. A review of a federal law mandating affirmative action in
industries that have contracts with the government
Explanation
The constitution defines original jurisdiction as
those cases that involve disputes between
or among the states. In such instances the
case must go directly to the Supreme Court.
Most cases get to the Supreme Court on
appeal. Thus, the only situation that applies
to the definition is choice A.
3) Which of the following principles does
common law rely on?
a. Judicial precedent
b. Contract issues
c. Judicial restraint
d. Habeas corpus
e. Judicial activism
3) Which of the following principles does
common law rely on?
a. Judicial precedent
b. Contract issues
c. Judicial restraint
d. Habeas corpus
e. Judicial activism
Explanation
The basis of common law is judicial precedent
or its Latin equivalent stare decis. Contract
law certainly relies on precedent, and
advocates of judicial restraint and judicial
activism also have specific viewpoints
regarding overturning or upholding
precedent. Habeas corpus appeals can also
call upon precedent. The point is that the
principle of precedent is extremely
important.
4) Which of the following actions requires
senatorial courtesy?
a. A bill introduced by a senator from one state must get
agreement from the other senator in that state
b. Members of the same party agree on the order of
legislation
c. Senators from the state in which a judicial appointment is
being made by the president are informed of who the
candidate is prior to the actual appointment
d. The majority leader of the Senate informs the minority
leader who he is appointing as committee chairman
e. The president informs the chairman of the Judiciary
Committee of a Supreme Court nominee prior to the
announcement
4) Which of the following actions requires
senatorial courtesy?
a. A bill introduced by a senator from one state must get
agreement from the other senator in that state
b. Members of the same party agree on the order of
legislation
c. Senators from the state in which a judicial appointment is
being made by the president are informed of who the
candidate is prior to the actual appointment
d. The majority leader of the Senate informs the minority
leader who he is appointing as committee chairman
e. The president informs the chairman of the Judiciary
Committee of a Supreme Court nominee prior to the
announcement
5) Which of the following committees is
responsible for reviewing Supreme Court
nominees?
a. House Judiciary
b. Senate Judiciary
c. House Rules
d. Senate Appropriations
e. House Ways and Means
5) Which of the following committees is
responsible for reviewing Supreme Court
nominees?
a. House Judiciary
b. Senate Judiciary
c. House Rules
d. Senate Appropriations
e. House Ways and Means
6) Acceptance of a writ of certiorari is based on
all the following criteria EXCEPT
a. A vote by three Supreme Court justices
b. A court decision that conflicts with precedent
c. A court of appeals decision that conflicts
with another court of appeals decision
d. Inconsistencies between courts of different
states
e. A split decision in the court of appeals
6) Acceptance of a writ of certiorari is based on
all the following criteria EXCEPT
a. A vote by three Supreme Court justices
b. A court decision that conflicts with precedent
c. A court of appeals decision that conflicts
with another court of appeals decision
d. Inconsistencies between courts of different
states
e. A split decision in the court of appeals
Explanation
Choices B, C, D, and E are situations that over
the years have become criteria for accepting
appeals cases. There is no absolute
requirement that states that, if the condition
met in those examples exist, the Court must
review the case. However, these examples
have become the guiding principles of
accepting cases for review. Choice A is
incorrect because it is required that four
justices agree to hear a case.
7) Which represents a major reason for the
submission of an amicus curiae brief?
a. The Court must rely on precedent cases
b. A friend of the court wishes to provide additional
information to the Court
c. Lower courts must provide transcripts of its
decisions.
d. The Supreme Court requires related interest in the
case to submit briefs
e. The brief from the petitioner provides amended
information about the case
7) Which represents a major reason for the
submission of an amicus curiae brief?
a. The Court must rely on precedent cases
b. A friend of the court wishes to provide additional
information to the Court
c. Lower courts must provide transcripts of its
decisions.
d. The Supreme Court requires related interest in the
case to submit briefs
e. The brief from the petitioner provides amended
information about the case
Explanation
If you knew that the definition of amicus curiae is
friend of the court, you certainly could pick out the
right answer immediately. If you didn’t , you could
probably proceed to eliminate choice A because
even though it is a truthful statement, it has no
relation to the submission of additional briefs.
Choice C is also accurate but again does not
provide new information. Choice D is a false
statement, and briefs do not change information
about a case. They make constitutional
arguments about a case.
8) The Court of which of the following Chief
Justices handed down the most activist
decisions?
a. Salmon Chase
b. William Rehnquist
c. Earl Warren
d. Roger Taney
e. Warren Berger
8) The Court of which of the following Chief
Justices handed down the most activist
decisions?
a. Salmon Chase
b. William Rehnquist
c. Earl Warren
d. Roger Taney
e. Warren Berger
Explanation
Even though other justices throughout history
may have been involved in decisions that
have been considered activist, the Chief
Justice best known as the leader of a activist
court was Earl Warren. Berger’s Court
comminuted some of Warren’s activism, but
it was certainly the intent of Nixon in
appointing him to modify the Court’s
direction.
9) An example of a decision that would be
classified as activist is
a. San Antonio v. Rodriguez
b. Dred Scot v. Sanford
c. Plessy v. Ferguson
d. Brown v. Board of Education
e. New Jersey v. TLO
9) An example of a decision that would be
classified as activist is
a. San Antonio v. Rodriguez
b. Dred Scot v. Sanford
c. Plessy v. Ferguson
d. Brown v. Board of Education
e. New Jersey v. TLO
Explanation
The classic example of an activist decision is the
Brown base. The San Antonio case resulted in a
decision that affirmed the state’s rights to fund
schools even if it meant that poorer districts did
not spend the same amount of money for its
students. Dred Scott established that slaves were
property. Plessy affirmed the state's right o allow
separate but equal. And New Jersey was able to
search TLO without a warrant. These cases are all
considered to uphold the principle of judicial
restraint.
10. The Court of which of the following Chief
Justices is best known for exercising judicial
restraint?
a. John Marshall
b. William Rehnquist
c. Roger Taney
d. Earl Warren
e. Warren Berger
10. The Court of which of the following Chief
Justices is best known for exercising judicial
restraint?
a. John Marshall
b. William Rehnquist
c. Roger Taney
d. Earl Warren
e. Warren Berger
Explanation
The justice best known for fostering an attitude
that encouraged judicial restraint was Chief
Justice William Rehnquist. Marshall’s
decision in his time were precedent setting,
and Warren personifies an activist justice.
Taney and Burger, although making
decisions that can be considered by those
favoring judicial restraint as such, still did
not have an overall record in the area as
Rehnquist.
11) Critics of judicial activism would favor a
Supreme Court that would
a. Give greater protection to the accused
b. Expand civil rights
c. Acts as a watchdog over the other branches
of government
d. Increase the power of the federal government
e. Allow the president to influence the opinion
of the Court
11) Critics of judicial activism would favor a
Supreme Court that would
a. Give greater protection to the accused
b. Expand civil rights
c. Acts as a watchdog over the other branches
of government
d. Increase the power of the federal government
e. Allow the president to influence the opinion
of the Court
12) Critics of judicial restraint would favor a
Supreme Court that would
a. Create new precedent
b. Decrease the power of the federal
government
c. Decrease the power of the state governments
d. Only agree to hear a limited number of cases
e. Uphold precedent
12) Critics of judicial restraint would favor a
Supreme Court that would
a. Create new precedent
b. Decrease the power of the federal
government
c. Decrease the power of the state governments
d. Only agree to hear a limited number of cases
e. Uphold precedent
The End