Multiple Choice Quiz

Please answer all questions


1	A Supreme Court justice who votes with the majority but for different legal reasons than the other justices in the majority would likely write what type of opinion?
		A)	majority
		B)	minority
		C)	dissenting
		D)	concurring


2	Although federal district courts are theoretically bound by Supreme Court precedents, they sometimes deviate because of which of the following:
		A)	the facts of a case are seldom precisely the same as those of a similar case decided by the Supreme Court.
		B)	federal judges may misunderstand the Court's position.
		C)	the opinion of a Supreme Court case is sufficiently broad so that lower courts can reasonably interpret it in somewhat different ways.
		D)	b and c only.
		E)	a, b and c


3	The lowest level of the federal court system is the:
		A)	court of appeal.
		B)	highest level of the state courts.
		C)	district court.
		D)	justice of the peace.


4	The "Missouri Plan" applies to selection of judges at which level?
		A)	federal
		B)	state
		C)	military court
		D)	tax courts


5	The "federal court myth" overlooks the fact that:
		A)	most court cases arise under state law, not federal law.
		B)	nearly all cases that originate in state courts are never reviewed by federal court.
		C)	federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.
		D)	a and c only.
		E)	a, b and c.


6	Sources of law that constrain federal judiciary decisions include all except which one of the following:
		A)	dissenting opinions.
		B)	U.S. Constitution.
		C)	statutory law.
		D)	precedent.
		E)	judicial activism


7	Judicial restraint holds that courts should:
		A)	refrain from interpreting the meaning of the law.
		B)	avoid common law rulings.
		C)	never overturn precedent.
		D)	act cautiously in overruling the decisions of elected officials.


8	Judicial review is:
		A)	a court decision that prohibits action by the Supreme Court.
		B)	the power of the courts to decide whether a governmental institution has acted within its constitutional powers.
		C)	an act by the Supreme Court to move lower court cases directly into the high court under its original jurisdiction.
		D)	congressional action to overrule Supreme Court decisions.


9	The U.S. Supreme Court makes its decisions:
		A)	in a very quick turnaround time frame.
		B)	in open hearing with the lawyers to the cases present.
		C)	by polling the states' best judges.
		D)	by consulting the president beforehand.
		E)	in judicial conference.


10	When a court relies on precedent it is:
		A)	using a previous judicial decision as a rule for settling subsequent cases of a similar nature.
		B)	avoiding stare decisis.
		C)	unable to overrule a lower court decision.
		D)	deferring to the state legislature for redress of the issue.


11	Justices on the losing side of a case can write which type of opinion?
		A)	certiorari
		B)	majority
		C)	concurring
		D)	dissenting
		E)	plurality


12	When a group that is not a party to a case but that wants its concerns included in the case's outcome, it can file a brief called:
		A)	amicus curiae.
		B)	Brandeis.
		C)	stare decisis.
		D)	activist
		E)	en banc.


13	The Constitution gives Congress power over the Supreme Court to:
		A)	make the court a part of the executive branch.
		B)	eliminate the court's original jurisdiction.
		C)	refuse to implement court decisions.
		D)	rewrite legislation it feels the court has misinterpreted.
		E)	appoint the Chief Justice.


14	The doctrine of judicial activism would suggest that the Supreme Court: 1. totally disregards judicial precedent. 2. promotes governmental interference in people's lives. 3. should interpret the law to protect rights of individuals to achieve social justice. 4. protect people from unreasonable government interference in their lives.
		A)	1 and 2.
		B)	3 and 4.
		C)	only 4.
		D)	2, 3, 4.
		E)	all the above.


15	What can influence major shifts in the U.S. Supreme Court's positions on broad issues?
		A)	changes in membership on the court.
		B)	political trends.
		C)	public opinion.
		D)	b and c only.
		E)	a, b and c.

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