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What does the strategic model of Supreme Court decision making emphasize?


A) the political views of individual Supreme Court justices
B) how the justices account for the views of other justices when deciding how to act
C) the need for activist judges if the Court is to be an important political institution
D) the role of the Constitution and how it is interpreted
E) how the justices strategically interpret the Constitution to fit their political ideologies

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

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What was the principal effect of Marbury v. Madison (1803) on the Supreme Court?


A) It gave the Court the ability to rule on whether laws violated the Constitution.
B) It expanded the Court's appellate jurisdiction.
C) It established the system of circuit courts to take some burden off of the Supreme Court.
D) It changed the original jurisdiction of the Court to hear matters in which state law conflicted with federal law.
E) It forced the creation of today's lower federal courts.

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

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If a neighbor accidentally backed his car into the fence that divides your property, destroying a large section of it, and you sued your neighbor in court for damages, your neighbor would be the:


A) plaintiff.
B) defendant.
C) petitioner.
D) respondent.
E) dissenter.

F) A) and D)
G) None of the above

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The Senate's confirmation hearings for Judge Robert Bork's appointment to the U.S. Supreme Court were notable because:


A) it was the first time ever that the Senate rejected a president's Supreme Court nominee.
B) it ushered in a new era of less contentious Supreme Court nominations.
C) the Senate aggressively attacked Bork's character and record in a public way.
D) Bork's hearing was the first one ever that was televised and open to the public.
E) Bork's failed confirmation mobilized conservatives and ultimately moved the Court back from the "liberal excesses" of the Warren Court.

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

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The Supreme Court is a national policy-making institution.

A) True
B) False

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Any unsigned opinion submitted by the entire Supreme Court is called a:


A) concurring opinion.
B) plurality opinion.
C) majority opinion.
D) per curiam opinion.
E) writ of mandamus.

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

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Under what conditions is the chief justice more likely to set aside the chief justice's own policy views and assign an opinion to a justice with different ideological views?


A) when there is very little interest in the case from outside groups
B) when there is fragile support for a majority position favored by the chief justice
C) when the federal government is a party to the case
D) when Congress or the president is unlikely to enforce the Court's decision
E) when public opinion seems to demand it

F) None of the above
G) C) and D)

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When the Supreme Court refuses to take actions that are outside of the judicial domain and should be decided by elected officials, they are avoiding what are known as:


A) political questions.
B) moot questions.
C) issues of collusion.
D) nonjurisdictional questions.
E) de novo issues.

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

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Which of the following are constitutional criteria for determining when the Supreme Court will hear a case?


A) Rule of Four
B) collusion, mootness, and standing
C) mandamus, certiorari, and stare decisis
D) standing and origination
E) jurisdiction and origination

F) None of the above
G) A) and E)

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How are judges selected under the Missouri Plan?


A) They are nominated by the governor from a list approved by a nonpartisan committee.
B) through direct, nonpartisan election by the population
C) They are nominated by the governor and confirmed by the legislature.
D) through direct partisan election by the population
E) They are nominated by the legislature.

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

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The election of state judges can make courts more ________, but it potentially undercuts their role in ________.


A) responsive to special interests; looking after the public
B) responsive to public opinion; protecting minority rights
C) representative of different constituencies; standing up for the majority
D) political; being fair
E) democratic; being nonpartisan

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

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The federal government and most of the states operate under a system of "common law." Define this term as well as the notion of "precedent." What role does precedent play in judicial decision making? How does this type of system create opportunities for the judicial system to be a political institution?

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Common law is a legal system in which th...

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Although judges are bound to follow previous legal interpretations, their political views still matter because:


A) they often choose to ignore the decisions of other courts.
B) they represent constituents just as a member of Congress does.
C) there are often multiple legal justifications for any decision in a case.
D) many judges later decide to run for political office.
E) judges want to help their party.

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

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Which of the following was a part of the Judiciary Act of 1789?


A) It established every court throughout the nation, including all trial courts, city courts, county courts, state courts, and federal courts.
B) It specified the Supreme Court's power of judicial review.
C) It set the number of Supreme Court justices at nine.
D) It created both federal circuit and district courts.
E) It gave the president the power to nominate a new Supreme Court justice in the event of a vacancy on the Court.

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

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Which of the following factors influence which justice will be assigned the task of writing a majority opinion?


A) the input of the solicitor general
B) the input of the attorney general
C) the input of both the solicitor general and the attorney general
D) the seniority of each justice, with new justices getting more and important cases
E) political factors, such as how others might respond to the opinion

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

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An opinion written by a Supreme Court justice who agrees with a case but does not agree with its legal logic is called a:


A) concurring opinion.
B) plurality opinion.
C) dissenting opinion.
D) per curiam opinion.
E) writ of mandamus.

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

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Why is venue shopping important?


A) It reduces the likelihood of jury nullification.
B) It resolves jurisdictional battles between federal and state courts.
C) It helps interest groups locate someone who has standing in a case to help them get a case to trial.
D) It helps individuals and groups find the best attorneys to represent them at trial.
E) It allows individuals and groups to seek a court where they might receive a more favorable ruling.

F) None of the above
G) A) and D)

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One of the surest signs that the Supreme Court is going to agree to hear a specific case is:


A) if it involves an appeal from the Sixth District.
B) if the chief justice has ruled on similar cases in the past.
C) if the solicitor general is a party to the case.
D) if a member of Congress is involved in the lawsuit.
E) if the case has already been heard by a state supreme court.

F) None of the above
G) A) and E)

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Of the thousands of cases submitted to the U.S. Supreme Court each year, why does the Court-aside from obvious workload considerations-hear only a small minority of them?


A) Many of the submitted cases are frivolous.
B) to show proper respect to the rulings made in the lower courts
C) to show proper respect to the other branches of government, and to fend off charges that the Court takes an activist role in policy making
D) Article III of the U.S. Constitution limits the number of cases that the Supreme Court can consider each year.
E) The Court is too divided to agree on cases.

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

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By embracing the concept of dual federalism throughout the nineteenth century, the Supreme Court:


A) demonstrated its willingness to use its power of judicial review to rule on the constitutionality of state laws.
B) showed that it was unwilling to use judicial review to overrule states.
C) failed to fulfill a key component of the Judiciary Act of 1789.
D) resisted demands from Congress and the president to interfere in state politics
More frequently.
E) extended the power of the federal government by embracing an activist role
For the Court.

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

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