The Judiciary Test Bank
1. Which of the following correctly states the relationship between the federal and state
judiciaries?
A. Federal courts are higher courts than state courts and may overturn state
decisions on any grounds.
B. The two are entirely autonomous, and neither ever hears cases that originate
in the other.
C. The two are generally autonomous, although federal courts may rule on the
constitutionality of state court decisions.
D. State courts are trial courts; federal courts are appeals courts.
E. State courts try all cases except those that involve conflicts between two
states which are tried in the federal courts.
2. Cases of Equity can be defined as cases that cannot be resolved by:
A. natural law C. the Supreme Court
B. common law D. lower federal courts
E. the Congress
3. Which of the following is an example of the Supreme Court accepting a case based
on original jurisdiction?
A. an appeal by a state regarding the decision of a lower court to overturn the
state’s restrictive abortion law.
B. a habeas corpus petition from a convict who is on death row.
C. a suit on the part of a citizen who believes his 1st Amendment rights are
being violated.
D. a dispute between environmentalists and land developers regarding the
constitutionality of the Endangered Species Act.
E. a dispute between New York and New Jersey over the plans of New York
to build a hotel on Ellis Island.
4. Proponents of judicial restraint make which of the following arguments?
A. It should be the role of Congress, not the Court, to make policy.
B. The interest of government is not realized by a Court that won’t make crucial
decisions.
C. States should be able to develop their own laws without having to worry
about federal court interpretation.
, D. The federal system will be strengthened by a court that rules state laws
unconstitutional.
E. The Court could initiate, not facilitate, judicial precedent.
5. The Supreme Court has the constitutional authority to check Congress by
A. vetoing legislation signed by the president.
B. settling disputes among states.
C. applying original jurisdiction to cases brought before them on appeal.
D. declaring parts of legislation unconstitutional.
E. assigning the Chief Justice to preside over the impeachment trial of the
Speaker of the House.
6. During what time period was the dominate issue in the Supreme Court the
relationship between the government and the economy?
A. 1780- 1801 C. 1835- 1865 E. 1937- present
B. 1801- 1835 D. 1865- 1937
7. Historically, the Supreme Court has been most powerful during times when
A. broad public consensus existed on the proper course of action.
B. political parties were strong and cohesive.
C. political parties were weak, deeply divided, and/or undergoing a realignment.
D. the president and Congress were in general agreement with their
policies.
E. the members of the Supreme Court itself were in general agreement with
one another on major issues.
8. A writ of certiorari from the Supreme Court indicates that the Court
A. will review a lower court decision.
B. has rendered a decision in a case.
C. has decided not to hear an appeal.
D. will recess until the end of the calendar year.
E. plans to overturn one of its previous rulings.
9. Which of the following committees is responsible for reviewing Supreme Court
nominees?
A. House Judiciary C. House Rules
, B. Senate Judiciary D. Senate Appropriations
E. House Ways and Means
10. Supreme Court cases mainly derive from
A. plea bargains that fail.
B. Congressional legislation that is vetoes.
C. state legislation that goes unchallenged.
D. original jurisdiction cases.
E. appellate jurisdiction cases.
11. 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 informed the minority leader who he is
appointing as committee chairmen.
E. The president informs the chairman of the Judiciary Committee of a
Supreme Court nominee prior to the announcement.
12. An example of a decision that would be classified as activist is
A. San Antonio v. Rodriguez B. Dred Scott v. Sanford
C. Plessy v. Ferguson D. Brown v. Topeka Board of Educ.
E. New Jersey v. TlO
13. The vast majority of cases heard by federal courts begin in
A. the state courts B. the court of appeals
C. the legislative courts D. the Supreme Court
E. the district courts
14. Which Chief Justice is best known as the head of a court pursuing judicial restraint?
A. John Marshall C. Roger B. Taney
B. William Rehnquist D. Earl Warren
E. Warren Burger
1. Which of the following correctly states the relationship between the federal and state
judiciaries?
A. Federal courts are higher courts than state courts and may overturn state
decisions on any grounds.
B. The two are entirely autonomous, and neither ever hears cases that originate
in the other.
C. The two are generally autonomous, although federal courts may rule on the
constitutionality of state court decisions.
D. State courts are trial courts; federal courts are appeals courts.
E. State courts try all cases except those that involve conflicts between two
states which are tried in the federal courts.
2. Cases of Equity can be defined as cases that cannot be resolved by:
A. natural law C. the Supreme Court
B. common law D. lower federal courts
E. the Congress
3. Which of the following is an example of the Supreme Court accepting a case based
on original jurisdiction?
A. an appeal by a state regarding the decision of a lower court to overturn the
state’s restrictive abortion law.
B. a habeas corpus petition from a convict who is on death row.
C. a suit on the part of a citizen who believes his 1st Amendment rights are
being violated.
D. a dispute between environmentalists and land developers regarding the
constitutionality of the Endangered Species Act.
E. a dispute between New York and New Jersey over the plans of New York
to build a hotel on Ellis Island.
4. Proponents of judicial restraint make which of the following arguments?
A. It should be the role of Congress, not the Court, to make policy.
B. The interest of government is not realized by a Court that won’t make crucial
decisions.
C. States should be able to develop their own laws without having to worry
about federal court interpretation.
, D. The federal system will be strengthened by a court that rules state laws
unconstitutional.
E. The Court could initiate, not facilitate, judicial precedent.
5. The Supreme Court has the constitutional authority to check Congress by
A. vetoing legislation signed by the president.
B. settling disputes among states.
C. applying original jurisdiction to cases brought before them on appeal.
D. declaring parts of legislation unconstitutional.
E. assigning the Chief Justice to preside over the impeachment trial of the
Speaker of the House.
6. During what time period was the dominate issue in the Supreme Court the
relationship between the government and the economy?
A. 1780- 1801 C. 1835- 1865 E. 1937- present
B. 1801- 1835 D. 1865- 1937
7. Historically, the Supreme Court has been most powerful during times when
A. broad public consensus existed on the proper course of action.
B. political parties were strong and cohesive.
C. political parties were weak, deeply divided, and/or undergoing a realignment.
D. the president and Congress were in general agreement with their
policies.
E. the members of the Supreme Court itself were in general agreement with
one another on major issues.
8. A writ of certiorari from the Supreme Court indicates that the Court
A. will review a lower court decision.
B. has rendered a decision in a case.
C. has decided not to hear an appeal.
D. will recess until the end of the calendar year.
E. plans to overturn one of its previous rulings.
9. Which of the following committees is responsible for reviewing Supreme Court
nominees?
A. House Judiciary C. House Rules
, B. Senate Judiciary D. Senate Appropriations
E. House Ways and Means
10. Supreme Court cases mainly derive from
A. plea bargains that fail.
B. Congressional legislation that is vetoes.
C. state legislation that goes unchallenged.
D. original jurisdiction cases.
E. appellate jurisdiction cases.
11. 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 informed the minority leader who he is
appointing as committee chairmen.
E. The president informs the chairman of the Judiciary Committee of a
Supreme Court nominee prior to the announcement.
12. An example of a decision that would be classified as activist is
A. San Antonio v. Rodriguez B. Dred Scott v. Sanford
C. Plessy v. Ferguson D. Brown v. Topeka Board of Educ.
E. New Jersey v. TlO
13. The vast majority of cases heard by federal courts begin in
A. the state courts B. the court of appeals
C. the legislative courts D. the Supreme Court
E. the district courts
14. Which Chief Justice is best known as the head of a court pursuing judicial restraint?
A. John Marshall C. Roger B. Taney
B. William Rehnquist D. Earl Warren
E. Warren Burger
