MindTap in Action American

Government 1st Edition Cengage Test

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Name: Class: Date:

Unit 08: Judiciary

1. What article of the Constitution establishes the judicial branch of the federal government?
a. Article I
b. Article II
c. Article III
d. Article IV
ANSWER: c
LEARNING OBJECTIVES: LOGOVT0029 - Describe the different types of jurisdiction and how these
distinctions influence the judicial process.

2. How long is the term of a Supreme Court judge?

a. Two years
b. Four years
c. Six years
d. Life
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0029 - Describe the different types of jurisdiction and how these
distinctions influence the judicial process.

3. What is a federal court's legal domain?

a. Cases involving a legislative question
b. Cases involving a federal question
c. Cases involving a state question
d. Cases involving a criminal question
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0029 - Describe the different types of jurisdiction and how these
distinctions influence the judicial process.

4. Which of the following would not be a federal case?

a. A constitutional law case
b. A case involving a federal treaty
c. An admiralty case
d. A violent murder case
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0029 - Describe the different types of jurisdiction and how these
distinctions influence the judicial process.

5. The Supreme Court is the only court allowed to hear all of the following cases except those
a. affecting the military.
b. affecting ambassadors.
c. affecting other public ministers.
d. in which a state is a party.
ANSWER: a
LEARNING OBJECTIVES: LOGOVT0029 - Describe the different types of jurisdiction and how these
distinctions influence the judicial process.
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Unit 08: Judiciary

6. Which court or court system is specifically mentioned in the Constitution?
a. The lower federal courts
b. The Supreme Court
c. The state court system
d. The military court system
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0029 - Describe the different types of jurisdiction and how these
distinctions influence the judicial process.

7. What determined the composition of the Supreme Court, organized the rest of the federal judicial system, established
the jurisdiction of the lower federal court system, and expanded the original jurisdiction of the U.S. Supreme Court?
a. The Judiciary Act of 1789
b. The Judiciary Act of 1879
c. Marbury v. Madison
d. McCulloch v. Maryland
ANSWER: a
LEARNING OBJECTIVES: LOGOVT0029 - Describe the different types of jurisdiction and how these
distinctions influence the judicial process.

8. What type of court has the authority to hear the facts of the case for the first time?
a. Circuit courts
b. Appellate courts
c. Courts of original jurisdiction
d. State supreme courts
ANSWER: c
LEARNING OBJECTIVES: LOGOVT0029 - Describe the different types of jurisdiction and how these
distinctions influence the judicial process.

9. How many federal district court judges are appointed?

a. 50
b. 535
c. 677
d. 9
ANSWER: c
LEARNING OBJECTIVES: LOGOVT0029 - Describe the different types of jurisdiction and how these
distinctions influence the judicial process.

10. Which of the following has jurisdiction over lawsuits against the federal government?
a. The Court of International Trade
b. Any federal court
c. The Supreme Court
d. The U.S. Court of Federal Claims
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0029 - Describe the different types of jurisdiction and how these
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Name: Class: Date:

Unit 08: Judiciary

distinctions influence the judicial process.

11. Appeals to the U.S. Circuit Court are

a. trials showing that the original case was handled improperly.
b. retrials of the original case.
c. local cases involving original jurisdiction.
d. federal cases involving original jurisdiction.
ANSWER: a
LEARNING OBJECTIVES: LOGOVT0029 - Describe the different types of jurisdiction and how these
distinctions influence the judicial process.

12. What are the two main categories of law operating within the United States?
a. Civil law and criminal law
b. Federal law and district law
c. Civil law and federal law
d. State law and criminal law
ANSWER: a
LEARNING OBJECTIVES: LOGOVT0030 - Explain the interaction of the federal and state judicial systems as
well as the differences between civil and criminal cases.

13. What does civil law govern?

a. Public safety
b. Private interactions among individuals and organizations
c. Social interactions that do not involve harm
d. Interactions between states
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0030 - Explain the interaction of the federal and state judicial systems as
well as the differences between civil and criminal cases.

14. Criminal laws exist to protect

a. those accused of crimes.
b. society from harm.
c. organizations from financial disputes.
d. the United States from foreign influences.
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0030 - Explain the interaction of the federal and state judicial systems as
well as the differences between civil and criminal cases.

15. Who initiates the court's assistance in a civil case by filing a formal legal complaint?
a. The prosecuting attorney
b. The defendant
c. The government
d. The plaintiff
ANSWER: d
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Unit 08: Judiciary

LEARNING OBJECTIVES: LOGOVT0030 - Explain the interaction of the federal and state judicial systems as
well as the differences between civil and criminal cases.

16. Which of the following is not typical of a criminal case?

a. Cases are initiated by government officials.
b. The defendant is charged with a crime.
c. There is an arraignment and the defendant enters a plea.
d. Financial redress is directed to the plaintiff.
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0030 - Explain the interaction of the federal and state judicial systems as
well as the differences between civil and criminal cases.

17. What is double jeopardy?

a. Being tried twice for the same crime
b. Being tried without knowing your rights
c. Being charged for two crimes at the same time
d. Being charged for a criminal and civil case at the same time
ANSWER: a
LEARNING OBJECTIVES: LOGOVT0030 - Explain the interaction of the federal and state judicial systems as
well as the differences between civil and criminal cases.

18. Which of the following is not a constitutional protection for the accused?
a. The right to a speedy trial
b. The right to trial by jury
c. The right to a plea bargain
d. The right to confront witnesses against them
ANSWER: c
LEARNING OBJECTIVES: LOGOVT0030 - Explain the interaction of the federal and state judicial systems as
well as the differences between civil and criminal cases.

19. In civil cases, if the defendant is deemed at fault, then a sentence is imposed that usually includes
a. incarceration.
b. financial redress.
c. loss of life.
d. probation.
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0030 - Explain the interaction of the federal and state judicial systems as
well as the differences between civil and criminal cases.

20. Under the nation’s system of federalism, each state has

a. the same constitution and judicial system as the federal government.
b. the same constitution and judicial system as the other states.
c. created its own judicial system and individual state constitution.
d. created its own district courts.

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Unit 08: Judiciary

ANSWER: c
LEARNING OBJECTIVES: LOGOVT0030 - Explain the interaction of the federal and state judicial systems as
well as the differences between civil and criminal cases.

21. Which of the following statements is true about capital punishment?

a. It exists in all states.
b. It is not legal in any state.
c. It can only be decided by federal courts.
d. It exists in some states.
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0030 - Explain the interaction of the federal and state judicial systems as
well as the differences between civil and criminal cases.

22. Which of the following is not a variation that occurs in the structure and inner workings of the fifty state court
systems?
a. A system of courts operating under original jurisdiction
b. The prescribed number of judges
c. The processes by which judges earn their seat
d. The methods of punishment
ANSWER: a
LEARNING OBJECTIVES: LOGOVT0030 - Explain the interaction of the federal and state judicial systems as
well as the differences between civil and criminal cases.

23. The authority of the Supreme Court to rule an act of Congress as unconstitutional is called
a. federal interpretation.
b. judicial review.
c. capital punishment.
d. judicial negation.
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0031 - Define the concept of judicial review, and explain some of the
limitations of judicial power.

24. Which Supreme Court case first extended the authority of the judicial branch relative to the other two branches of the
federal government?
a. Marbury v. Madison
b. Obergefell v. Hodges
c. Dred Scott v. Sandford
d. Plessy v. Ferguson
ANSWER: a
LEARNING OBJECTIVES: LOGOVT0031 - Define the concept of judicial review, and explain some of the
limitations of judicial power.

25. How does the president place limits on judicial powers?

a. The president may designate cases appropriate for judicial review.
b. The president confirms appointments to the federal bench.
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Unit 08: Judiciary

c. The president enforces decisions made by the federal courts.

d. The president appoints those who sit on the federal bench.
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0031 - Define the concept of judicial review, and explain some of the
limitations of judicial power.

26. Which Supreme Court case found that the power to accept territories into the Union as free or slave was not an
enumerated power of Congress?
a. Marbury v. Madison
b. Plessy v. Ferguson
c. Dred Scott v. Sandford
d. Brown v. Board of Education
ANSWER: c
LEARNING OBJECTIVES: LOGOVT0031 - Define the concept of judicial review, and explain some of the
limitations of judicial power.

27. Which Supreme Court case found that the Fourteenth Amendment served to protect political and civil, but not social,
rights?
a. Plessy v. Ferguson
b. Brown v. Board of Education
c. Brown v. Board of Education II
d. Dred Scott v. Sandford
ANSWER: a
LEARNING OBJECTIVES: LOGOVT0031 - Define the concept of judicial review, and explain some of the
limitations of judicial power.

28. Plessy v. Ferguson and Brown v. Board of Education both applied which amendment’s equal protection clause, but in
opposite ways?
a. The Thirteenth Amendment
b. The Fourteenth Amendment
c. The Fifteenth Amendment
d. The Sixteenth Amendment
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0031 - Define the concept of judicial review, and explain some of the
limitations of judicial power.

29. Through exercising the power of interpretation, members of the judiciary often act as
a. lawmakers.
b. managers.
c. policymakers.
d. negotiators.
ANSWER: c
LEARNING OBJECTIVES: LOGOVT0031 - Define the concept of judicial review, and explain some of the
limitations of judicial power.

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Unit 08: Judiciary

30. Which of the following helped the Supreme Court enforce the ruling of Brown II?
a. District courts
b. Appellate courts
c. The legislative branch
d. The executive branch
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0031 - Define the concept of judicial review, and explain some of the
limitations of judicial power.

31. What is the best definition of judicial activism?

a. Justices viewing the law as fixed, using their judicial position to guide other justices to follow the letter of the
law
b. Justices viewing the law as malleable, using their judicial position to guide the law in the direction they think
it should go
c. Justices viewing the law code as a living document that needs to be reviewed and revised actively
d. Justices viewing their primary role as legislating from the bench
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0032 - Identify the primary differences between the concepts of judicial
activism and restraint.

32. What is the best definition of judicial restraint?

a. Justices only applying legal findings to the law while still inserting their own preferences
b. Justices only applying legal findings to the law, but when in the minority, inserting their own preferences
c. Justices only applying legal findings to the law while intentionally inserting preferences of the president
d. Justices only applying legal findings to the law without intentionally inserting their own preferences
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0032 - Identify the primary differences between the concepts of judicial
activism and restraint.

33. What is the name given to those who view the Constitution as a document that's literal meaning was intended to stand
the test of time, rather than change with it?
a. The formal constructionists
b. The literal constructionists
c. The strict constructionists
d. The loose constructionists
ANSWER: c
LEARNING OBJECTIVES: LOGOVT0032 - Identify the primary differences between the concepts of judicial
activism and restraint.

34. If a justice supports the position that there is a significant role for the federal government in American civil life, this is
indicative of
a. a liberal ideology.
b. judicial activism.
c. a conservative ideology.
d. judicial restraint.
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Unit 08: Judiciary

ANSWER: a
LEARNING OBJECTIVES: LOGOVT0032 - Identify the primary differences between the concepts of judicial
activism and restraint.

35. Which philosophy is most likely to be supported by a judge who self-identifies as conservative?
a. Support for federal supremacy over the states
b. Support for states' rights
c. Support for expanding citizens' rights
d. Support for increasing the rights of the accused
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0032 - Identify the primary differences between the concepts of judicial
activism and restraint.

36. What is a significant reason two Supreme Courts came to different conclusions in interpreting the equal protection
clause of the Fourteenth Amendment?
a. There were new facts in the case.
b. The two courts were of different generations and had different perspectives on race relations.
c. They were two completely different cases.
d. The two courts were trying to please different presidents.
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0032 - Identify the primary differences between the concepts of judicial
activism and restraint.

37. Once a court rules on a case, that case becomes ________, and future decisions are based upon it.
a. ideology
b. new law
c. code
d. precedent
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0032 - Identify the primary differences between the concepts of judicial
activism and restraint.

38. Which court case applied the Fourteenth Amendment's due process and equal protection clauses to require states to
issue licenses for same-sex marriage?
a. Plessy v. Ferguson
b. United States v. Windsor
c. Obergefell v. Hodges
d. Roe v. Wade
ANSWER: c
LEARNING OBJECTIVES: LOGOVT0032 - Identify the primary differences between the concepts of judicial
activism and restraint.

39. The Constitution states that federal judges and justices are to be
a. elected by the people.
b. appointed by the House of Representatives, subject to confirmation by the Senate.
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Name: Class: Date:

Unit 08: Judiciary

c. appointed by the president, subject to confirmation by the Senate.

d. appointed and confirmed by the president.
ANSWER: c
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

40. Which of the following is not true about judicial nominees?

a. They must have a law degree.
b. They do not have to have previous judicial experience.
c. They can be active in legal matters or not.
d. They often hold policy positions in common with the president who nominated them.
ANSWER: a
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

41. When creating a list of potential judicial nominees, the president seeks suggestions from all of the following except
a. other Supreme Court justices.
b. members of Congress.
c. interest groups.
d. the American Bar Association.
ANSWER: a
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

42. Which agency does background checks on the final nominees for judicial positions?
a. The Senate
b. The NSA
c. The CIA
d. The FBI
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

43. What relatively recent term refers to the Senate systematically attacking a nominee during confirmation hearings?
a. Gang up
b. Filibuster
c. Nuclear option
d. Borking
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

44. Most of the cases that make it to the Supreme Court do so under the Court’s
a. original jurisdiction.

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Unit 08: Judiciary

b. appellate jurisdiction.
c. request.
d. state jurisdiction.
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

45. When the Supreme Court agrees to review a case, it grants

a. an amicus curiae.
b. a reprieve.
c. a writ of certiorari.
d. a pardon.
ANSWER: c
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

46. The rule of four is the rule that dictates a minimum of four
a. appellate courts must have heard similar cases.
b. years must have passed since the original trial.
c. clerks are available to help synthesize the case.
d. justices agrees that a case merits review.
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

47. The Court is likely to take a case in all of the following situations except when
a. it is a synthesis of civil cases.
b. there is a disagreement between appellate courts on the issue.
c. the U.S government is a party.
d. the case involves civil rights and civil liberties defined under constitutional law.
ANSWER: a
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

48. Who represents the U.S. government when it is a party in a case before the Supreme Court?
a. The president or vice president
b. The attorney general
c. The solicitor general
d. The chief justice
ANSWER: c
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

49. When are oral arguments heard before the Supreme Court?

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Unit 08: Judiciary

a. May through November

b. October through April
c. December through June
d. July through January
ANSWER: b
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

50. Unanimous decisions on the part of the Supreme Court find the Court
a. ultimately aligning with a dissenting opinion.
b. in agreement on the rationale but not necessarily the ruling.
c. in agreement on the ruling but not the rationale.
d. in agreement on the outcome and the rationale.
ANSWER: d
LEARNING OBJECTIVES: LOGOVT0033 - Describe the process of federal judicial nomination and the
process by which the Supreme Court hears a case.

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