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What was the basis of Justice John Marshall's assertion that the federal courts have the power of judicial review?


A) The Constitution grants the federal courts the power of judicial review.
B) It is the duty of the federal judges to say what the law is; therefore, it is necessary for them to interpret and expound upon the law.
C) Congress would have to ask the courts for permission to pass laws.
D) The president should not be able to "get around" Congress by issuing executive orders on any issue he or she would like.
E) The federal courts, since they are the least political branch of government, should have the power to review the actions of the political branches.

F) D) and E)
G) B) and D)

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About ________ percent of all cases in the United States are heard in state courts.


A) 33
B) 50
C) 66
D) 85
E) 99

F) A) and B)
G) A) and C)

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Which of the following statements best describes the composition of the federal judiciary?


A) There are an equal number of men and women and far fewer Latino Americans than African Americans.
B) There are far fewer women than men and far fewer African Americans than Latino Americans.
C) There are far fewer women than men and far fewer Latino Americans than African Americans.
D) There are far fewer men than women and far fewer Latino Americans than African Americans.
E) There are far fewer men than women and far fewer African Americans than Latino Americans.

F) C) and D)
G) A) and C)

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Why is Marbury v. Madison an important case?


A) In this case, the justices recognized the authority of Congress to regulate the economy of the United States.
B) In this case, the justices nationalized the Bill of Rights.
C) In this case, the justices authorized the Supreme Court to exercise judicial review over laws passed by Congress.
D) In this case, the justices declared the secession of the Confederate states to be in violation of the Constitution.
E) In this case, the justices declared that segregation of schools based on race is illegal.

F) B) and C)
G) A) and D)

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The size of the U.S. Supreme Court is set by ________.


A) the U.S. Constitution
B) Congress
C) a national convention
D) the American Bar Association
E) the president

F) All of the above
G) A) and C)

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A certiorari pool describes the


A) computerized lottery system by which the Supreme Court selects its cases each year.
B) practice by which Supreme Court law clerks work together to evaluate each petition.
C) method used to appoint the chief justice.
D) nickname for the water fountain in the courtyard of the Supreme Court building.
E) pool of applicants seeking appointment to the federal judiciary.

F) A) and B)
G) B) and E)

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What is common law?


A) another name for federal law
B) law made by judges through their decisions, not through specific statutes
C) law made by an administrative body
D) law that is guided by the Constitution
E) law passed by the U.S. Congress

F) B) and C)
G) A) and E)

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In what type of law is the government always the plaintiff?


A) public law
B) criminal law
C) civil law
D) common law
E) tort law

F) A) and B)
G) C) and D)

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Activist judges believe that federal judges should


A) always overrule state legislatures and governors when making decisions.
B) interpret the U.S. Constitution according to the intentions of its framers and defer to the views of Congress when interpreting federal statutes.
C) be more aggressive and ideological than the president when vacancies occur on the courts.
D) go beyond the words of a constitution or statute to consider the broader societal implications of their decisions.
E) always defer judgment to precedents set by previous courts.

F) B) and C)
G) D) and E)

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Prisoners who are challenging their convictions are most likely to seek a writ of ________.


A) habeas corpus
B) judicial error
C) jurisdiction
D) stare decisis
E) challenge

F) A) and D)
G) C) and E)

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Each year, the Supreme Court receives about ________ appeals and hears about ________ of them in full court.


A) 1,000; 500
B) 200; 10
C) 8,500; 80
D) 12,000; 300
E) 5,000; 100

F) B) and D)
G) B) and C)

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The jurisdiction of each federal court is derived from ________.


A) the Constitution and federal law
B) the Supreme Court
C) state laws
D) state constitutions
E) the president

F) A) and B)
G) C) and E)

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Each of the following has been a method by which the federal courts have expanded their power EXCEPT


A) liberalizing the concept of standing.
B) broadening the scope of relief from individuals to entire groups.
C) narrowing the discretionary authority of the president over foreign affairs and diplomacy.
D) holding onto jurisdiction over a case until the court's decision has been carried out.
E) taking a more active role in hearing cases that would generally be considered legislative matters.

F) B) and D)
G) A) and E)

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The increase of administrative agencies since the New Deal has resulted in a(n)


A) increased instance of Congress writing administrative rules.
B) delegation of power by Congress to administrative agencies.
C) strict nondelegation doctrine pronounced by the Supreme Court.
D) increase in states making administrative law.
E) increase in federal laws being challenged in the courts.

F) B) and C)
G) C) and E)

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Which of the following best describes the role of the solicitor general?


A) The solicitor general is the chief legal counsel for the White House.
B) The solicitor general is the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party.
C) The solicitor general is the chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals.
D) The solicitor general is the head of the Department of Justice.
E) The solicitor general is the chief legal counsel to the U.S. military.

F) B) and C)
G) A) and E)

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Which of the following statements about the Supreme Court is true?


A) In 2014, seven of the nine justices were appointed by Democratic presidents.
B) In 2014, seven of the nine justices were appointed by Republican presidents.
C) In 2014, all of the justices were appointed by Democratic presidents.
D) In 2014, five of the nine justices were appointed by Republican presidents.
E) none of the above

F) B) and E)
G) A) and B)

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Which of the following is the essence of the rule of law?


A) Every state needs to have a written constitution.
B) Every state must have an established system of common law.
C) Every state needs to make its laws public.
D) Every state must judge government officials by the same laws as its citizens are judged.
E) Every state must follow federal law.

F) All of the above
G) A) and B)

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Each Supreme Court justice is assigned ________ law clerks.


A) 2
B) 4
C) 8
D) 10
E) 16

F) A) and B)
G) B) and E)

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In Roe v. Wade (1973) , the Supreme Court was required to rule on the issue of ________, due to the fact that the pregnancy had already come to term.


A) jurisdiction
B) standing
C) ripeness
D) mootness
E) stare decisis

F) A) and B)
G) B) and E)

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Which of the following statements about the Supreme Court is true?


A) The justices upheld the constitutionality of the Affordable Care Act.
B) The justices ruled that police are not allowed to attach a global-positioning device to a car belonging to a suspected drug dealer without first obtaining a valid warrant.
C) The justices ruled that states cannot mandate a sentence of life in prison without the possibility of parole for minors who are found guilty of homicide.
D) The justices ruled that state legislatures could not ban corporate expenditures in support of or opposition to a political candidate or party.
E) all of the above

F) A) and E)
G) C) and D)

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