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Test Bank11 The Judiciary

Test Bank11 The Judiciary

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Published by: Jennii on Apr 13, 2011
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CHAPTER 14
The Judiciary
0MULTIPLE CHOICE QUESTIONS
Type: ConceptualAns: APage: 40310. The intense struggle over the nomination of Clarence Thomas to theSupreme Court could have occurred only in the United Statesbecause only herea0. do judges play so large a role in making public policy.b0. is there a judicial nomination process.c0. is there such intense division between political parties.d0. can one party control the executive and the other the legislativebranch.e0. the nomination power is a shared power.Type: FactualAns: CPage: 40420. Which of the following statements about British courts is true?a0. Judicial review is tightly regulated but fiercely protected.b0. Courts are frequently called on by Parliament to settleprocedural issues.c0. No court may strike down a law that Parliament passes.d0. The British federalist system guarantees a minor role for thejudiciary.e0. Common law ensures judges will be active participants in thepolicy making process.Type: FactualAns: CPage: 40430. The chief judicial weapon in the government's system of checks andbalances is known asa0. judicial activism.b0. judicial interpretivism.c0. judicial review.d0. judicial standing.e0. judicial bypass.Type: FactualAns: CPage: 40440. The Supreme Court's chief weapon in the system of checks andbalances is thea0. advisory opinion it exercises.b0. place it occupies in public opinion.c0. judicial review it exercises.d0. original jurisdiction it enjoys.e0. power to hand down per curiam opinions.
Copyright © Houghton Mifflin Company. All rights reserved.
 
208
Chapter 14: The Judiciary
Type: ConceptualAns: CPage: 40450. Strict-constructionist judges differ from activist judges in that theyare
more
likely toa0. support policies that address social and economic problems.b0. apply rules that are clearly stated in the U.S. Constitution.c0. believe in the application of judicial review to criminal matters.d0. look for and apply the general principles underlying the U.S.Constitution.e0. entangle themselves in matters traditionally left to Congressand the Executive.Type: ConceptualAns: APage: 40460. A judicial activist is a judge who holdsa0. that courts should make as well as interpret law.b0. a liberal ideology.c0. that courts should make but not interpret law.d0. a conservative ideology.e0. that courts merely apply the law and enforce norms.Type: FactualAns: CPage: 40470. Which of the following is
most 
likely to be true of an activist judge?a0. He or she is conservative politically.b0. He or she is bound by the wording of the U.S. Constitution.c0. He or she is liberal politically.d0. He or she is an interpretivist.e0. He or she is feels contrained by precedent.Type: ConceptualAns: APage: 40580. The Founders expected that judicial review would be relativelypassive becausea0. judges would merely find and apply the existing law.b0. judges would be constrained by the legislature.c0. cases would involve only direct disputes between individuals.d0. judges would be empowered to award money damages only.e0. judges would generally be unanimous in their decision making.Type: ConceptualAns: DPage: 40590.
Marbury
v.
Madison
had both legal and political significance. Whichof the following rulings was of political significance?a0. Congress may not add to the original jurisdiction of theSupreme Court.b0. The Supreme Court may declare void any laws repugnant tothe U.S. Constitution.c0. Persons seeking writs of mandamus must go to a lower court.d0. The Supreme Court will try to avoid direct confrontations withother branches of government.e0. Congress can expand or contract the appellate jurisdiction of the Court.
Copyright © Houghton Mifflin Company. All rights reserved.
 
Chapter 14: The Judiciary
209
Type: FactualAns: DPage: 405100. Between 1789 and the Civil War, the Supreme Court was primarilyoccupied with the issues of a0. states' rights and slavery.b0. trade relations and states' rights.c0. national supremacy and trade relations.d0. slavery and national supremacy.e0. commerce and civil liberties.Type: ConceptualAns: BPage: 405110. Rulings by the Supreme Court in
Marbury
v.
Madison
and
McCulloch
v.
Maryland 
established all of the following principles
except 
a0. the Supreme Court could rule an act of Congressunconstitutional.b0. the federal government has the power to regulate commerceamong the states.c0. the federal government is permitted to pass any laws necessaryand proper to the attainment of constitutional ends.d0. federal law is supreme over state law.e0. Congress cannot expand the original jurisdiction of the Court.Type: FactualAns: CPage: 405120. In
McCulloch
v.
Maryland,
the Supreme Court held thata0. states could tax a federal bank.b0. state militia were subservient to the federal armed services.c0. the federal government could pass any laws necessary andproper to the attainment of constitutional ends.d0. the federal government had the power to regulate commercethat occurred among states.e0. the judicial branch has the power to determine the legitimategoverning power in the states.Type: FactualAns: BPage: 405130. In Federalist 78, Alexander Hamilton described the judiciary asa0. "the sword of the community"b0. "least dangerous" to political rightsc0. "command[ing] the purse"d0. "encouraging factions"e0. “beyond reproach.”Type: FactualAns: CPage: 405140. What is the major issue confronting the Supreme Court in Americatoday?a0. the relationship between government and the economyb0. nationbuildingc0. personal liberty, social equality, and the potential conflictbetween the twod0. establishing the supremacy of federal governmente0. the constitutionality of the federal income tax
Copyright © Houghton Mifflin Company. All rights reserved.

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