13 The Federal Courts

01

In 2007 and 2008, many observers of the U.S. Supreme Court considered Justice Anthony Kennedy as the Court’s most important member. What was the basis for that view?

Kennedy is the chief justice.

Kennedy is the oldest justice and therefore most likely to retire.

Kennedy is regarded as the intellectual leader on the Court.

Kennedy is the swing vote on many five-to-four decisions.
02

“Supreme Court justices should stick closely to the literal meaning of the words in the Constitution, interpreting the Constitution in a fashion consistent with the views of the Framers.” This statement most closely reflects which of the following perspectives on constitutional interpretation?

Strict construction

Loose construction

Judicial activism

Judicial review
03

Which of the following would be seen in a trial proceeding but not in an appellate proceeding?

A judge presiding

A jury listening

A lawyer arguing

All of the above
04

Which of the following courts is exclusively a trial court?

U.S. Supreme Court

U.S. courts of appeal

U.S. district courts

All of the above courts are trial courts
05

What is the purpose of a writ of habeas corpus?

To free someone who is being unlawfully held by authorities

To hold someone in prison who is a threat to society

To grant an appeal from a lower court to the U.S. Supreme Court

To overturn a lower court decision
06

What is the practical impact of senatorial courtesy?

The Senate always approves the president’s judicial nominees without controversy.

The president chooses moderates for judicial positions because the president wants to avoid controversy.

The president consults with senators from the president’s party on judicial nominations to fill district court vacancies in the state the senators represent.

Members of the U.S. Senate have no role in the judicial confirmation process.
07

Would you expect the President Obama’s nominations for the U.S. courts of appeal would be approved or rejected in 2009?

They would likely be approved because Obama was in the first year of his presidency and the Democratic Party controlled the Senate.

They would likely be approved because the Senate approves all appellate court nominees without controversy.

They would likely be rejected because of the nuclear option.

They would likely be rejected because of senatorial courtesy.
08

Does the U.S. Supreme Court conduct trials?

Yes. It decides all cases after conducting a trial.

No. The Constitution declares that the Supreme Court is strictly an appellate court.

No. Although the Constitution gives the Supreme Court authority to hold trials to settle certain types of cases, the Court always assigns that responsibility to another court.

Yes. The Court conducts trials on a regular basis.
09

How many Supreme Court justices will President Obama have the opportunity to appoint?

Obama will have the chance to appoint two in his first term and two more in his second term if he is reelected.

Supreme Court justices serve lifetime appointments, so it is impossible to know in advance how many vacancies any one president will get to fill.

Obama will be able to appoint a new justice for every member of the Court over the age of 65.

Obama will be able to replace as many justices as he chooses.
10

In forma pauperis refers to which of the following?

A court order to free an individual wrongly accused of a crime

An order granting an appeal from a lower court to the U.S. Supreme Court

A court order reversing a lower court decision

The procedure used by indigent defendants to appeal their cases to the Supreme Court
11

What is the Rule of Four?

It refers to the number of justices who must agree to decide a case.

It refers to the number of justices who must agree in order for the Supreme Court to hear a case.

It refers to the maximum number of opinions that may be written in a single case.

It refers to the maximum number of Supreme Court appointments any particular president is allowed to make in two terms in office.
12

What is certiorari?

A court order to free an individual wrongly accused of a crime

A court order reversing a lower court decision

The procedure used by indigent defendants to appeal their cases to the Supreme Court

A court order granting an appeal from a lower court to the U.S. Supreme Court.
13

What is a per curiam opinion?

An opinion written by a justice who agrees with the Court’s decision but not the reasoning behind it

An opinion written by a justice who disagrees with the decision of the Court

An unsigned opinion

Another name for the majority opinion
14

The U.S. Supreme Court is hearing a legal challenge to a death penalty case from the state of Virginia. A number of other states have similar procedures to those used in Virginia, including Florida and Texas. Is there any way that officials in the latter states can have input on the Supreme Court’s decision in the Virginia case?

Yes. They can submit amicus curiae briefs.

Yes. They can ask for a test case.

Yes. They can file an appeal.

No.
15

If the chief justice is not in the majority, who decides which justice writes the majority opinion in a case?

The chief justice always makes the opinion assignment.

The justices in the majority vote to select a writer.

The most senior justice in the majority makes the opinion assignment.

An unsigned opinion is issued.
16

Which of the following is the official written statement of the Supreme Court?

Dissenting opinion

Concurring opinion

Majority opinion

Per curiam opinion
17

A justice agrees with the Supreme Court’s decision but disagrees with the reasoning behind the decision. The justice might decide to write which of the following?

Dissenting opinion

Concurring opinion

Majority opinion

Per curiam opinion
18

Which of the following opinions is most likely to serve as a guide for lower court judges dealing with future cases?

Dissenting opinion

Concurring opinion

Majority opinion

Per curiam opinion
19

The president and a majority of the members of Congress believe that the Supreme Court has incorrectly interpreted certain provisions of the Americans with Disabilities Act (ADA). What, if anything, can they do to reverse the Court’s position?

Nothing. Supreme Court decisions are final.

They can file an appeal.

Their only alternative is to begin the process of amending the Constitution.

They can rewrite the law explicitly to overturn the Supreme Court’s decision.
20

The U.S. Supreme Court has ruled that government mandated prayers in public schools violate the Constitution. Assume for the purpose of this question that a public school in Arkansas begins every day with a Christian prayer. What will happen?

The U.S. Marshall’s office will order the school to change its practice.

This would never happen because all officials respect Supreme Court decisions.

Nothing would happen because there is no mechanism for enforcing Supreme Court decisions.

Nothing would happen unless a parent filed suit, asking a federal judge for a court order against the school.

13 The Federal Courts

In 2007 and 2008, many observers of the U.S. Supreme Court considered Justice Anthony Kennedy as the Court’s most important member. What was the basis for that view?

“Supreme Court justices should stick closely to the literal meaning of the words in the Constitution, interpreting the Constitution in a fashion consistent with the views of the Framers.” This statement most closely reflects which of the following perspectives on constitutional interpretation?

Which of the following would be seen in a trial proceeding but not in an appellate proceeding?

Which of the following courts is exclusively a trial court?

What is the purpose of a writ of habeas corpus?

What is the practical impact of senatorial courtesy?

Would you expect the President Obama’s nominations for the U.S. courts of appeal would be approved or rejected in 2009?

Does the U.S. Supreme Court conduct trials?

How many Supreme Court justices will President Obama have the opportunity to appoint?

In forma pauperis refers to which of the following?

What is the Rule of Four?

What is certiorari?

What is a per curiam opinion?

If the chief justice is not in the majority, who decides which justice writes the majority opinion in a case?

Which of the following is the official written statement of the Supreme Court?

A justice agrees with the Supreme Court’s decision but disagrees with the reasoning behind the decision. The justice might decide to write which of the following?

Which of the following opinions is most likely to serve as a guide for lower court judges dealing with future cases?

The president and a majority of the members of Congress believe that the Supreme Court has incorrectly interpreted certain provisions of the Americans with Disabilities Act (ADA). What, if anything, can they do to reverse the Court’s position?

The U.S. Supreme Court has ruled that government mandated prayers in public schools violate the Constitution. Assume for the purpose of this question that a public school in Arkansas begins every day with a Christian prayer. What will happen?