Jeopardy Supreme Court Review

Which of the following statements about McCulloch v. Maryland is correct? A: It established judicial review B: it ruled a national bank unconstitutional C: It restricted the scope of congressional power D: It allowed states to tax federal agencies E: It established the supremacy of national laws over state laws

E – page 441 of the textbook – remember that the decision stated that the federal government had power over the states – What case established judicial review??? Marbury v. Madison

The two kinds of lower federal courts created to handle cases that need not be decided by the Supreme Court are A: constitutional and direct B: appeals and limited jurisdiction C: district and appeals D: appeals and legislative E: constitutional and legislative

E – page 446 of the textbook – Congress has created two kings of lower courts – constitutional court is one exercising the judicial powers found in Articles III of Constitution, judges stay in power with good behavior – includes the Supreme Court, District Courts, and Appellate courts Legislative Court – courts created by Congress for specialized purpose whose judges do not enjoy protections of Article III of the Constitution

There are _____ U.S. District Courts. A: 11 B: 12 C: 13 D: 50 E: 94

E – 94 district courts, Appellate courts, and 1 Supreme Court

Which of the following statements about the selection of federal judges is correct? A: the principle of senatorial courtesy applies to the selection of Supreme Court justices B: Presidents generally appoint judges whose political views reflect their own C: Since personal attitudes and opinions have little impact in judicial decision making, presidents are usually not too concerned about who they nominate D: nominees for district judgeships often face tough confirmation battles in the Senate E: the application of political litmus tests to Supreme Court nominees is no longer legal

B -

Certiorari is a Latin word meaning, roughly A: certified B: made more certain C: without certainty D: appealed E: judicial

B

Cert is issues and a case is scheduled for a hearing if ___ justices agree to hear it A: 2 B: 3 C: 4 D: 8 E: all nine of them

C

Amicus Curiae is generally translated as meaning A: friend of the court B: amicable by curious C: let the decision stand D: to reveal E: none of the above

a

If a justice agrees with the conclusion of the Court’s decision, but disagree with the logic of the opinion of the Court, he/she would probably write a A: concurring opinion B: majority opinion C: plurality opinion D: per curiam opinion E: dissenting opinion

A

Stare decisis is generally translated as meaning A: friend of the court B: amicable but curious C: let the decision stand D: to reveal E: none of the above

C

Using the power of judicial review, the Supreme Court can do all of the following EXCEPT A: Declare a law passed by Congress unconstitutional B: declare a law passed by a state unconstitutional C: declare acts of the executive branch unconstitutional D: determine the meaning of the Constitution E: overturn a Constitutional amendment as a violation of civil rights

E – Judicial review allows the Supreme Court to determine the meaning and application of the Constitution and overturn a law or regulation that violates the Constitution. Because amendments are part of the Constitution, they are, by definition, constitutional and the Supreme Court may not overturn them

Justice Clarence Thomas believed that the Constitution should be interpreted according to its clearly implied language. The judicial philosophy can best be described as A: strict constitution B: judicial activism C: conservatism D: liberalism E: constitutionalism

A – Justice Thomas is a strict constructionist who believes the Constitution should be interpreted directly by the language of the Constitution

The federal courts have jurisdiction over the following cases EXCEPT A: civil suits between citizens of different states in which the amount exceeds $50,000 B: criminal cases involving violations of laws passed by Congress C: bankruptcy cases D: state appeals cases in which the defendant alleges his or her constitutional rights were violated E. Prosecutions under criminal law

E – the federal courts do have jurisdiction to hear criminal cases involving violations of state law unless there is an alleged violation of the defendant’s constitutional rights

National supremacy over the states was expanded by the Supreme Court in cases involving all of the following issues EXCEPT A: railroad regulations issued by the Interstate Commerce Commission B: the creation of a national bank C: the use of injunctions to prevent labor strikes D: laws regulating wages and hours E: state laws regarding marriage and divorce

E – over time, the Supreme Court has expanded the power of the federal government by allowing the creation of a national bank, upholding railroad regulations, permitting the use of federal injunctions in labor disputes and validating wage and hour regulations

Why has the practice of senatorial courtesy been criticized? A: because it puts too much of the judicial nomination process in the hands of the president B: because it keeps the senate from confirming judicial appointments C: because it is the equivalent of reversing constitutional powers – a senator basically nominates the candidate and the president consents D: because it prevents qualified people from obtaining positions in the circuit court of appeals E: because the president is able to bypass the Senate confirmation if one senator approves of the appointment

C – a senator can “blue slip” a nominees from his state, killing a nomination. Which can be an undemocratic way of blocking the will of the majority

All of the following make it difficult to get a case to the Supreme Court EXCEPT A: the Supreme Court does not take all cases B: appeals cost money for lawyers and paperwork C: by the time a case gets to the Supreme Court, the case has gone through an expensive trial and appeals process D: it can take a long time to settle a matter in federal court E: the government does not supply lawyers for the appeals process

E – the Supreme Court chooses the cases it accepts by issuing a writ of certiorari. Although it is expensive and time consuming to take a case to the Supreme court, the government provides lawyers fro people who are in forma pauperis

Congress has all of the following checks on the judicial branch EXCEPT A: it can alter the number of judges and courts B: it can impeach justices C: it can propose a constitutional amendment D: it can change the court’s jurisdiction E: it can change the length of judge’s term

E –Congress can change the number of judges and courts, alter the courts’ jurisdiction, impeach justices

Which of the following statements best describes the jurisdiction of the Supreme Court? A: the Court is exclusively a court of appellate jurisdiction B: the Court’s jurisdiction is mostly appellate, but it has original jurisdiction in specified types of cases C; the Court is exclusively a court of original jurisdiction D: the Court can choose which cases of original jurisdiction to take E: most of the Court’s cases come directly from trial courts