A) original intent -Consider This: Original intent pertains to the judge's application of the original purpose of the law in his or her interpretation.The principle in question,however,focuses on "let[ting] the decision stand," or valuing the handling of similar cases in the past.
B) judicial review
C) stare decisis
D) prior restraint
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A) claiming disputes are justiciable
B) filing standing to sue briefs -Consider This: Standing to sue requires that plaintiffs have sustained a direct consequence as a result of the individual or group being sued.The measure in question does not require direct personal involvement in the case in order to bring a suit.
C) lobbying legislators
D) filing amicus curiae briefs
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A) the power to make laws -Consider This: This power stayed with Congress,but the Court has the power to interpret the constitutionality of those laws.
B) the power to declare laws unconstitutional
C) the power to give out federal jobs
D) the power to make rules for the executive branch
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A) the president of the Senate
B) the solicitor general
C) the Supreme Court clerk of courts -Consider This: Supreme Court law clerks assist in reviewing cases but do not make determinations on whether or not government cases should be appealed.These decisions are made through the Department of Justice.
D) the chief justice of the United States
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A) The Court hears more cases on controversial issues than it did in the past.-Consider This: The Court has heard cases on controversial issues throughout its history,but was not as divided as it is today.
B) The partisan divide in the Court has grown wider over the years.
C) The increasing diversity of the justices leads to multiple opinions.
D) Presidents are more willing to appoint moderate justices than in the past.
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A) courts of appeals
B) the cabinet
C) district courts
D) U.S.Supreme Court -Consider This: The court in question has the authority to review final decisions of district courts and to hear rebuttals to orders of many federal regulatory agencies.
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A) constitutional
B) district
C) legislative
D) circuit -Consider This: Courts like the Court of Military Appeals,the Court of Federal Claims,and Tax Court were formed by Congress for specialized purposes with judges who have specific areas of jurisdiction.
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A) limited to the justices and other Court staff -Consider This: While law clerks often help screen cases,they are not involved in justice conferences,a time to consider case selection and hold confidential deliberations.
B) limited to the justices themselves
C) open to the justices and the public
D) open to the justices and the media
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B
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A) Rehnquist -Consider This: Like the court in question,the Rehnquist Court did not shy away from politically sensitive issues.Unlike the court in question,however,its decisions were not considered revolutionary as it rarely reversed the decisions of courts ideologically opposed to its majority.
B) Warren
C) Fortas
D) Chase
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A) the House of Representatives -Consider This: The House of Representatives is considered the lower house of the legislature and is therefore not constitutionally responsible for confirmation of executive branch appointees.
B) the Supreme Court
C) the Senate
D) the states
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C
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A) judicial review
B) judicial activism -Consider This: Judicial activism is a means for judges to advance policy from the bench.The principle in question encourages deference to previous cases,making the current judge's role appear less consequential.
C) stare decisis
D) life tenure
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A) when the House is opposed to the nominee's ideological orientation -Consider This: As the "lower house" of the legislature,the House of Representatives does not confirm presidential nominees.
B) when a president nominates a woman or an ethnic or racial minority
C) when a president makes a nomination at the beginning of his or her term
D) when a president's party affiliation is in the minority in the Senate
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D
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A) three years
B) ten years -Consider This: Terms are purposefully lengthy to permanently insulate federal district court judges from the political process.
C) twenty years
D) lifetime
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A) advice and consent -Consider This: Advice and consent refers to the constitutional power of the Senate as a whole to approve presidential nominees,rather than the unwritten tradition described here.
B) presidential deference
C) judicial review
D) senatorial courtesy
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A) federal district courts
B) trial courts
C) state courts of original jurisdiction -Consider This: Courts of original jurisdiction,both federal and state,represent the entry points for most cases going to trial.They therefore have less discretion over the cases they hear,unlike courts which focus their efforts on constitutional interpretation.
D) the U.S.Supreme Court
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A) It means that Congress cannot pass laws without judicial approval.
B) It gives the president too much power over the courts.
C) It gives the court too much power over the other two branches.
D) The Supreme Court can single-handedly change the Constitution.-Consider This: Judicial review gives the Supreme Court power to determine a law's constitutionality,not to amend or change the Constitution itself.
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A) civil
B) natural
C) recidivist
D) criminal -Consider This: In a criminal law case,the offense may be harmful to an individual or to society whereas the case in question involves a dispute between two parties.
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A) Justices tend to assume that laws are unconstitutional.-Consider This: Supreme Court justices uphold many of the laws that come before the Court.
B) Justices have a negative attitude toward law making.
C) Justices have significant discretion in deciding constitutional matters.
D) Justices tend to disagree on constitutional matters.
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A) Chief Justice Warren
B) Chief Justice Marshall
C) President Hoover -Consider This: The president in question attempted to protect his trademark legislation by encouraging favorable interpretation of the constitutionality of those laws.
D) President Roosevelt
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A) original
B) constitutional -Consider This: The form of jurisdiction in question is not unique to the Supreme Court; it applies to any court not reviewing the factual record of a case but instead considering the legal issues involved.
C) mandatory
D) appellate
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