1. Agreement among four justices on the Supreme Court is always sufficient to:
a. Decide the outcome of a case
b. Write a majority opinion
c. set a precedent
d. Overturn a lower court’s opinion
e. Accept a case for consideration
2. Which of the following is true of nominees for federal judgeships?
a. They a re recruited from the current pool of United States attorney’s.
b. They are nominated by the Senate and approved by the House of Representatives.
c. They are elected in popular elections in individual states.
d. They must receive the approval of the American Bar Association (ABA) upon nomination/.
e. They are appointed for life by the President with the advice and consent of the Senate.
3. Those who believe that the court should refer to the elective institutions of government to
resolve issues are advocating:
a. Social Darwinism
b. Judicial activism
c. Judicial restraint
d. Judicial incorporation
e. Nullification
4. Which of the following is empowered to create new federal courts and specify the number of
judges who will sit on them?
a. The Supreme Court
b. Congress
c. The President
d. The Department of Justice
e. The Attorney general
5. The Supreme Court’s decision in Roe v. Wade (1973) was based on:
a. The right to privacy implied in the Bill of Rights
b. Guarantees of freedom of religion contained in the First Amendment
c. The Due Process clause in the Fifth Amendment
d. The Equal protection clause of the Fourteenth Amendment
e. A federal statute legalizing abortion
6. In Marbury v. Madison (1803), the Supreme Court assumed the power to:
a. Decide whether internal congressional procedures are constitutional
b. Advise Congress on the Constitutionality of a proposed law
c. Regulate slavery
d. Decide on the constitutionality of a law or an executive action
e. Approve executive agreements
7. Which of the following best defines the term judicial activism?
a. The demands on judges to hear larger numbers of cases
b. The efforts of judges to lobby Congress for funds
c. The unwillingness of judges to remove themselves from cases in which they have a personal
interest
d. The attempts by judges to influence election outcomes
e. The tendency of judges to interpret the Constitution according to their own views
8. Which of the following best describes the relationship between the Supreme Court and public
opinion?
a. The Court assesses public opinion on a controversial issue and then tries to follow it.
b. Court prestige is so high that its decisions become public consensus.
c. The existence of a public consensus on an issue limits the extent to which the Court will
render decisions contrary to that consensus
d. Public opinion has no bearing on the effective implementation of the Court’s decisions.
e. There is no relationship between public opinion and the Court’s decisions.
9. 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 federal government
10. Which of the following actions requires senatorial courtesy?
a. A bill is introduced by a Senator from one state must get agreement from the other Senator in
the 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 announcement.
11. Which of the following best represents a major reason for submitting an amicus curiae brief?
a. The Court must rely on stare decisis when it renders decisions
b. A special interest group hopes to influence the courts decision regarding a Writ of Certiaria
c. Lower courts must provide transcripts of its decisions.
d. The Supreme Court requires related interests in the case to submit briefs
e. The brief from the petitioner provides amended information about the case.
12. A Supreme Court that creates precedent is described as one that relies on:
a. Unanimous court decisions
b. Judicial federalism
c. Judicial restraint
d. Judicial activism
e. Stare Decisis
13. One way Congress scan respond to a Supreme Court ruling that declares a law
unconstitutional is to:
a. Appoint new justices
b. Draft a referendum that the voters would approve
c. Pass new legislation that addresses the issues raised by the Court
d. Pass a new law limiting the terms of the justices
e. Reargue the case ion state court
14. The majority of Supreme Court cases derive from:
a. plea bargains that fail
b. Congressional legislation that is vetoed
c. State legislation that goes unchallenged
d. Original jurisdiction cases
e. Appellate jurisdiction cases
15. The Supreme Court has the constitutional authority to check Congress by:
a. Vetoing legislation signed by the president
b. Settling disputes among states
c. Applying original jurisdiction to cases brought before them on appeal
d. Declaring parts of legislation unconstitutional
e. Assigning the Chief Justice to preside over the impeachment trial of the president
16. When the Supreme Court decides to hear a case, it issues a(n):
a. Writ of mandamus
d. Writ of Habeas Corpus
c. Amicus Curiae brief
d. Order of Stare Decisis
e. Writ of Certiorari
17. If a Supreme Court justice agrees with the outcome of a decision but has a different rationale
for reaching that decision, he will write a(n):
a. Petition for Certiorari
b. Appellate brief
c. Dissenting opinion
d. Concurring opinion
e. Majority Opinion
18. Which of the following issues does not fall into the constitutional right to privacy?
a. Sexual Harassment
b. Doctor-assisted suicide
c. Reproductive freedom
d. The sale and use of contraception
e. restrictions on the use of wiretapping by law enforcement agents.
19. Which of the following best defines the term judicial restraint?
a. A decision by judges to limit the number of cases they decide per year
b. Refusal by judges to lobby Congress for funds
c. A practice by which judges remove themselves from cases in which they have a personal
interest
d. The tendency of judges to interpret the Constitution in light of the original intent of the
framers
e. Willingness of judges to decline to participate in partisan political campaigns
21. What is the primary responsibility of the Federal District Courts?
a. To hear appeals from state courts
b. To serve as courts of original jurisdiction in federal cases
c. To hear appeals from lower federal courts
d. To screen cases to be heard by the Supreme Court
e. To settle civil cases that involves diversity issues