Unit 4 - The judicial Branch Test Review

1.The two categories of law in the United States are:

Criminal and Civil Law

2. Courts often look to prior cases that are used as a model or an example to make a decision in the case at hand. This is referred to as:

Precedent

3.Which of the following best describes the concept of due process?

A guarantee against arbitrary government action

4. How do precedents and stare decisis help judges in deciding cases?

Courts let prior decisions of other courts stand as law

5. Which of the following is NOT true of the U.S. Supreme Court?

Their decisions can never be overturned.

6. The Chief Justice of the Supreme Court from 1801-1835 was:

John Marshall

7. In order to shield Supreme Court Justices from political pressure:

They serve a life term

8. The Supreme Court’s power to compare Acts of Congress and other laws to the Constitution and when there is a discrepancy declare the law to be null and void is called:

Judicial Review

9. A court order demanding that a person in jail be brought to a court and the plaintiff must accuse the person of a crime.   The Government must show some evidence of why they arrested you.

Writ of Habeas Corpus

10. Which of the following is NOT true of Appellate Courts?

Their decisions can not be appealed.

11. Which Constitutional Clause was at issue in both Gibbons v. Ogden and The US v. Lopez?

The Commerce Clause

The President nominates people they want to fill vacancies on the Federal Courts, but they must be confirmed by the _________

Senate

13. Which of the following best describes President Franklin Roosevelt’s response to the Supreme Court in the 1930’s that continually blocked his attempts at economic reform policies?

He threatened to use his allies in Congress to increase the number of Justices on the Court.

14. Today there are ___ Justices on the Supreme Court.

9

15. Which S.C. Case first used the Elastic Clause to expand the power of Congress, by issuing a decision that they could establish a National Bank.

McCollouch v. Maryland

16. A formal request by an appellate court to have the Supreme Court review a decision of a lower court.  The Supreme Court can also order a lower court to deliver the proceeding to them for review.

1. Writ of Certiorari

17. Justice Dept. 3rd in Rank.  Top lawyer for the Federal Gov.  He or She screens the cases and has tremendous influence over which cases the S.C. will hear.

1. The Solicitor General

18. Which two Constitutional Clauses were at issue in McCulloch v. Maryland (1819)?

The Elastic Clause and the Supremacy Clause

19. In reference to Judicial philosophy, some Justices believe that the Constitution should be interpreted according to the INTENT of the framers. (Strict Constructionist) This is known as:

1. Restraint Approach

20.  An examination of the political ideology of a nominee for a Federal Court is referred to as:

1. Litmus Test

21. A Legal rule that allows a plaintiff to recover legal costs if they win the case:

Fee shifting

22. Which of the following most accurately describes the reason for the Supreme Court Case Marbury v. Madison (1803)

c. President Thomas Jefferson ordered Sec. of State James Madison not to deliver a judicial appointment to William Marbury

23. What was the ultimate result of the Decision in Marbury v. Madison?

1. The Power of the Supreme Court was greatly expanded.

24. In Marbury v. Madison the Court found that section 13 of the Judiciary Act of 1789 was unconstitutional because:

1. It expanded the original jurisdiction of the Supreme Court

25. A written statement by an attorney that summarizes a case and the laws supporting it:

A brief

26. Latin “friend of the court” research provided by outside party not involved directly in the case:

Amicus Curiae

27. The newest member of the Supreme Court, nominated by President Biden:

Ketanji Brown Jackson

28. The only male African American currently serving on the Supreme Court:

Clarence Thomas

29. The Supreme Court today is divided 6 to 3 in favor of which political ideology?

Conservative

30.   Which of the following best explains the checks and balance power the S.C. has over the other Branches of the Federal Government?

1. The S.C. can declare actions of the Congress and the President to be unconstitutional.

31. In the U.S. v. Lopez (1995) The Federal Government used which of the following clauses to try and justify the Gun Free School Zone Act of 1990?

The Commerce Clause

32. Which of the following best represents the order of steps a case goes through in the Supreme Court?

1. Briefs, Oral Arguments, Conference, Opinion, Dissent

33. Which of the following is a good example of checks and balances of power the S.C. has over the other Branches of the Federal Government?

Judicial Review

34.    Which of the following Supreme Court Cases involved the issue of a conflicting State and Federal License for the business of a Ferry Boat that operated between NY and NJ?

1. Ogden v. Gibbons

35.    The Supreme Court hears approximately how many cases a year?

75- 100

36. Who is the Chief Justice of the Supreme Court today?

John Roberts

37. Why does this symbol of Justice have a blindfold?

The blind fold symbolizes how justice cannot be biased

administered without bias, favoritism, or prejudice, ensuring that all individuals are treated equally under the law,

38. What do the scales represent?   What can be done with scales?

balance, all sides of a case must be considered before reaching a verdict and then pick and choose who wins the case favoring one side over the other

39. Why does she have a sword?  (What does it represent?)

power of enforcing the law by fighting for equity and justice

40. Why is Lady Justice always represented as a female?  

more empathetic and understanding, embodies nurture and sympathy