Question 1

What is the philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution?

Accepted Answer

A)  Judicial activism
B)  Judicial oversight
C)  Judicial courtesy
D)  Judicial restraint
E)  Judicial compromiseF) B) and D)
G) B) and C)

Question 2

Your text defines an adversary system as

Accepted Answer

A)  the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter.
B)  the power of a court to refuse to enforce a law.
C)  the authority of a court to review decisions made by lower courts.
D)  a dispute growing out of an actual case or controversy that is capable of settlement by legal methods.
E)  the authority of a court to hear a case "in the first instance."F) All of the above
G) None of the above

Question 3

An explanation of a decision of the Supreme Court or any other appellate court is called a dissenting opinion.

Accepted Answer

A) True 
 B)False

Question 4

Whether or not a court's decision will be obeyed is an issue of compliance.

Accepted Answer

A) True 
 B)False

Question 5

In a criminal action, the person or party accused of an offense is called a

Accepted Answer

A)  criminal.
B)  civilian.
C)  defendant.
D)  plaintiff.
E)  plea bargainer.F) A) and B)
G) B) and E)

Question 6

A law that governs relationships between individuals and defines their legal rights is called a civil law.

Accepted Answer

A) True 
 B)False

Question 7

In forma pauperis refers to

Accepted Answer

A)  the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.
B)  a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
C)  a petition that allows a party to file "as a pauper" and avoid paying Court fees.
D)  a formal writ used to bring a case before the Supreme Court.
E)  a court order requiring explanation to a judge why a prisoner is being held in custody.F) A) and E)
G) D) and E)

Question 8

The powers of the chief justice include all BUT which of the following?

Accepted Answer

A)  Presiding over the Court
B)  Choosing the opinion writer if the chief justice has voted with the majority
C)  Barring dissenting justices from the Friday conference
D)  Leading conference discussion
E)  None of the above is a power of the chief justiceF) A) and E)
G) A) and B)

Question 9

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning is called a concurring decision.

Accepted Answer

A) True 
 B)False

Question 10

The view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter is called

Accepted Answer

A)  an adversary system.
B)  judicial review.
C)  an appellate jurisdiction.
D)  a justiciable dispute.
E)  an original jurisdiction.F) None of the above
G) C) and E)

Question 11

The authority of a court to review decisions made by lower courts is called a justiciable dispute.

Accepted Answer

A) True 
 B)False

Question 12

A dispute growing out of an actual case or controversy that is capable of settlement by legal methods is called a justiciable dispute.

Accepted Answer

A) True 
 B)False

Question 13

One of the first actions a political party takes after gaining control of the White House and Congress is often to increase the number of federal judgeships.

Accepted Answer

A) True 
 B)False

Question 14

The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S.Supreme Court is called

Accepted Answer

A)  the solicitor general.
B)  the public defender system.
C)  a court of appeals.
D)  a precedent.
E)  a writ of habeas corpus.F) A) and E)
G) C) and D)

Question 15

A concurring opinion is

Accepted Answer

A)  an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
B)  an opinion disagreeing with the majority in a Supreme Court ruling.
C)  the list of potential cases that reach the Supreme Court.
D)  the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
E)  an explanation of a decision of the Supreme Court or any other appellate court.F) C) and D)
G) B) and C)

Question 16

What is known as the power of a court to refuse to enforce a law that in the opinion of the judges conflicts with the U.S.Constitution?

Accepted Answer

A)  Judicial review
B)  Oversight
C)  Adversarial power
D)  Judicial refusal
E)  Judicial restraintF) C) and D)
G) None of the above

Question 17

Judicial restraint refers to the philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

Accepted Answer

A) True 
 B)False

Question 18

The view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter defines the adversary system.

Accepted Answer

A) True 
 B)False

Question 19

Both liberals and conservatives can engage in judicial activism.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following is NOT a way that Congress and the President can affect the judiciary?

Accepted Answer

A)  Changing the number of federal judgeships
B)  Increasing or decreasing the size of the Supreme Court
C)  Changing the structure of the courts
D)  Altering the jurisdiction of the courts
E)  Limiting the number of years a federal judge may serveF) None of the above
G) A) and B)

Exam 14: The Judiciary

A concurring opinion is

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A dispute growing out of an actual case or controversy that is capable of settlement by legal methods is called a justiciable dispute.

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In forma pauperis refers to

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The authority of a court to review decisions made by lower courts is called a justiciable dispute.

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Which of the following is NOT a way that Congress and the President can affect the judiciary?

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In a criminal action, the person or party accused of an offense is called a

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What is known as the power of a court to refuse to enforce a law that in the opinion of the judges conflicts with the U.S.Constitution?

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What is the philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution?

Correct AnswerverifiedShow Answer

A law that governs relationships between individuals and defines their legal rights is called a civil law.

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The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S.Supreme Court is called

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Your text defines an adversary system as

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An explanation of a decision of the Supreme Court or any other appellate court is called a dissenting opinion.

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One of the first actions a political party takes after gaining control of the White House and Congress is often to increase the number of federal judgeships.

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Whether or not a court's decision will be obeyed is an issue of compliance.

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An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning is called a concurring decision.

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The view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter defines the adversary system.

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The view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter is called

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Judicial restraint refers to the philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

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The powers of the chief justice include all BUT which of the following?

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Both liberals and conservatives can engage in judicial activism.

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