AP Review – Part 9 The Judiciary

1) Judicial authority extends to issues dealing with all the following areas EXCEPT a. Common Law b. equity c. Civil law d. Criminal law e. Pending legislation

1) Judicial authority extends to issues dealing with all the following areas EXCEPT a. Common Law b. equity c. Civil law d. Criminal law e. Pending legislation

2) Which of the following represents the best example of a case dealing with original jurisdiction? a. A review of New York and New Jersey arguing over property rights related to Ellis Island b. An appeal by a convict on death row c. A review of the constitutionality of a school district allowing prayer at a graduation ceremony d. A review of President Nixon’s decision not to turn over the Watergate tapes to Congress e. A review of a federal law mandating affirmative action in industries that have contracts with the government

2) Which of the following represents the best example of a case dealing with original jurisdiction? a. A review of New York and New Jersey arguing over property rights related to Ellis Island b. An appeal by a convict on death row c. A review of the constitutionality of a school district allowing prayer at a graduation ceremony d. A review of President Nixon’s decision not to turn over the Watergate tapes to Congress e. A review of a federal law mandating affirmative action in industries that have contracts with the government

Explanation The constitution defines original jurisdiction as those cases that involve disputes between or among the states. In such instances the case must go directly to the Supreme Court. Most cases get to the Supreme Court on appeal. Thus, the only situation that applies to the definition is choice A.

3) Which of the following principles does common law rely on. a 3) Which of the following principles does common law rely on? a. Judicial precedent b. Contract issues c. Judicial restraint d. Habeas corpus e. Judicial activism

3) Which of the following principles does common law rely on. a 3) Which of the following principles does common law rely on? a. Judicial precedent b. Contract issues c. Judicial restraint d. Habeas corpus e. Judicial activism

Explanation The basis of common law is judicial precedent or its Latin equivalent stare decis. Contract law certainly relies on precedent, and advocates of judicial restraint and judicial activism also have specific viewpoints regarding overturning or upholding precedent. Habeas corpus appeals can also call upon precedent. The point is that the principle of precedent is extremely important.

4) Which of the following actions requires senatorial courtesy? a. A bill introduced by a senator from one state must get agreement from the other senator in that state b. Members of the same party agree on the order of legislation c. Senators from the state in which a judicial appointment is being made by the president are informed of who the candidate is prior to the actual appointment d. The majority leader of the Senate informs the minority leader who he is appointing as committee chairman e. The president informs the chairman of the Judiciary Committee of a Supreme Court nominee prior to the announcement

4) Which of the following actions requires senatorial courtesy? a. A bill introduced by a senator from one state must get agreement from the other senator in that state b. Members of the same party agree on the order of legislation c. Senators from the state in which a judicial appointment is being made by the president are informed of who the candidate is prior to the actual appointment d. The majority leader of the Senate informs the minority leader who he is appointing as committee chairman e. The president informs the chairman of the Judiciary Committee of a Supreme Court nominee prior to the announcement

5) Which of the following committees is responsible for reviewing Supreme Court nominees? a. House Judiciary b. Senate Judiciary c. House Rules d. Senate Appropriations e. House Ways and Means

5) Which of the following committees is responsible for reviewing Supreme Court nominees? a. House Judiciary b. Senate Judiciary c. House Rules d. Senate Appropriations e. House Ways and Means

6) Acceptance of a writ of certiorari is based on all the following criteria EXCEPT a. A vote by three Supreme Court justices b. A court decision that conflicts with precedent c. A court of appeals decision that conflicts with another court of appeals decision d. Inconsistencies between courts of different states e. A split decision in the court of appeals

6) Acceptance of a writ of certiorari is based on all the following criteria EXCEPT a. A vote by three Supreme Court justices b. A court decision that conflicts with precedent c. A court of appeals decision that conflicts with another court of appeals decision d. Inconsistencies between courts of different states e. A split decision in the court of appeals

Explanation Choices B, C, D, and E are situations that over the years have become criteria for accepting appeals cases. There is no absolute requirement that states that, if the condition met in those examples exist, the Court must review the case. However, these examples have become the guiding principles of accepting cases for review. Choice A is incorrect because it is required that four justices agree to hear a case.

7) Which represents a major reason for the submission of an amicus curiae brief? a. The Court must rely on precedent cases b. A friend of the court wishes to provide additional information to the Court c. Lower courts must provide transcripts of its decisions. d. The Supreme Court requires related interest in the case to submit briefs e. The brief from the petitioner provides amended information about the case

7) Which represents a major reason for the submission of an amicus curiae brief? a. The Court must rely on precedent cases b. A friend of the court wishes to provide additional information to the Court c. Lower courts must provide transcripts of its decisions. d. The Supreme Court requires related interest in the case to submit briefs e. The brief from the petitioner provides amended information about the case

Explanation If you knew that the definition of amicus curiae is friend of the court, you certainly could pick out the right answer immediately. If you didn’t , you could probably proceed to eliminate choice A because even though it is a truthful statement, it has no relation to the submission of additional briefs. Choice C is also accurate but again does not provide new information. Choice D is a false statement, and briefs do not change information about a case. They make constitutional arguments about a case.

8) The Court of which of the following Chief Justices handed down the most activist decisions? a. Salmon Chase b. William Rehnquist c. Earl Warren d. Roger Taney e. Warren Berger

8) The Court of which of the following Chief Justices handed down the most activist decisions? a. Salmon Chase b. William Rehnquist c. Earl Warren d. Roger Taney e. Warren Berger

Explanation Even though other justices throughout history may have been involved in decisions that have been considered activist, the Chief Justice best known as the leader of a activist court was Earl Warren. Berger’s Court comminuted some of Warren’s activism, but it was certainly the intent of Nixon in appointing him to modify the Court’s direction.

9) An example of a decision that would be classified as activist is a 9) An example of a decision that would be classified as activist is a. San Antonio v. Rodriguez b. Dred Scot v. Sanford c. Plessy v. Ferguson d. Brown v. Board of Education e. New Jersey v. TLO

9) An example of a decision that would be classified as activist is a 9) An example of a decision that would be classified as activist is a. San Antonio v. Rodriguez b. Dred Scot v. Sanford c. Plessy v. Ferguson d. Brown v. Board of Education e. New Jersey v. TLO

Explanation The classic example of an activist decision is the Brown base. The San Antonio case resulted in a decision that affirmed the state’s rights to fund schools even if it meant that poorer districts did not spend the same amount of money for its students. Dred Scott established that slaves were property. Plessy affirmed the state's right o allow separate but equal. And New Jersey was able to search TLO without a warrant. These cases are all considered to uphold the principle of judicial restraint.

10. The Court of which of the following Chief Justices is best known for exercising judicial restraint? a. John Marshall b. William Rehnquist c. Roger Taney d. Earl Warren e. Warren Berger

10. The Court of which of the following Chief Justices is best known for exercising judicial restraint? a. John Marshall b. William Rehnquist c. Roger Taney d. Earl Warren e. Warren Berger

Explanation The justice best known for fostering an attitude that encouraged judicial restraint was Chief Justice William Rehnquist. Marshall’s decision in his time were precedent setting, and Warren personifies an activist justice. Taney and Burger, although making decisions that can be considered by those favoring judicial restraint as such, still did not have an overall record in the area as Rehnquist.

11) Critics of judicial activism would favor a Supreme Court that would a. Give greater protection to the accused b. Expand civil rights c. Acts as a watchdog over the other branches of government d. Increase the power of the federal government e. Allow the president to influence the opinion of the Court

11) Critics of judicial activism would favor a Supreme Court that would a. Give greater protection to the accused b. Expand civil rights c. Acts as a watchdog over the other branches of government d. Increase the power of the federal government e. Allow the president to influence the opinion of the Court

12) Critics of judicial restraint would favor a Supreme Court that would a. Create new precedent b. Decrease the power of the federal government c. Decrease the power of the state governments d. Only agree to hear a limited number of cases e. Uphold precedent

12) Critics of judicial restraint would favor a Supreme Court that would a. Create new precedent b. Decrease the power of the federal government c. Decrease the power of the state governments d. Only agree to hear a limited number of cases e. Uphold precedent

The End