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In selecting judges,the states rely on what method?


A) political appointment
B) competitive elections of a partisan nature
C) competitive elections of a nonpartisan nature
D) merit selection
E) All these answers are correct.

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

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The number and types of lower federal courts is established by


A) Congress.
B) the president.
C) the Constitution.
D) the Supreme Court.
E) the Justice Department.

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

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Most cases heard by the Supreme Court reach it under


A) its original jurisdiction.
B) a writ of certiorari.
C) a per curiam decision.
D) a writ of error.
E) a writ of mandamus.

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

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Precedent,while not an absolute constraint on the courts,is needed to


A) preserve the courts as a counter majoritarian institution.
B) maintain legal consistency over time,so confusion and uncertainty about the law can be avoided.
C) check the president in the area of public law.
D) balance the policy making authority of Congress.
E) check the president in the area of foreign policy.

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

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Discuss the doctrines of judicial restraint and judicial activism.

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The doctrine of judicial restraint holds...

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With regard to public opinion,the Supreme Court


A) ignores it in order to make decisions that are based on enduring values rather than the public's passing whims.
B) remains uninformed about it because justices stay on the bench for life and never face the public scrutiny of an election.
C) attempts to stay close enough to public opinion so as to avoid outright defiance of its decisions.
D) attempts to follow it very closely in order to create public enthusiasm for its rulings.
E) None of these answers is correct.

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

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C

Although federal district courts are theoretically bound by Supreme Court precedents,they sometimes deviate because


A) the facts of a case are seldom precisely the same as those of similar cases decided by the Supreme Court.
B) federal judges may misunderstand the Court's judicial reasoning or position.
C) ambiguities or unaddressed issues in Supreme Court rulings give lower courts some flexibility in deciding cases.
D) of all these factors: the facts of a case are seldom precisely the same as those of similar cases decided by the Supreme Court; federal judges may misunderstand the Court's judicial reasoning or position; and ambiguities or unaddressed issues in the Court's rulings give lower courts some flexibility in deciding cases.
E) None of these answers is correct.

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

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D

Why was the Supreme Court ruling in Faragher v.City of Boca Raton,which relied on the context of the antidiscrimination provisions of the Civil Rights Act of 1964,demonstrative of the ambiguities of the law?


A) The case arrived at the Supreme Court without the Court requesting a writ of certiorari.
B) The case involved administrative law,but the Court used statutory law as a basis for its decision.
C) It involved the votes of justices that had opposed the Civil Rights Act,but who used the Civil Rights Act in the justification for their ruling.
D) The minority dissenting opinion refused to use the Civil Rights Act as a justification.
E) The case dealt with sexual harassment in the workplace,which is not mentioned in the Civil Rights Act.

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

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Compared to Supreme Court nominations,those for the lower federal courts


A) are,although much greater in number,irrelevant to a president's policy agenda.
B) are not subject to partisan consideration.
C) have a much greater probability of being rejected by the Senate.
D) are not subject to senatorial courtesy.
E) None of these answers is correct.

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

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The "federal court myth" overlooks the fact that


A) most cases arise under state law,not federal law.
B) nearly all cases that originate in state courts are never reviewed by federal courts.
C) federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.
D) most cases arise under state law,not federal law; nearly all cases that originate in state courts are never reviewed by federal courts; and federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.
E) None of these answers is correct.

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

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The constitutional provision that federal judges and justices hold office "during good behavior" has


A) meant,in effect,that they will serve until they die or choose to retire.
B) provided them the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress.
C) enabled presidents to influence judicial policy through their appointments long after leaving the White House.
D) had all these effects: Federal judges and justices serve,effectively,until they die or choose to retire; they are provided the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress; and presidents are able to influence judicial policy through their appointments long after leaving the White House.
E) None of these answers is correct.

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

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,the Supreme Court


A) blocked a manual recount of the Florida presidential vote.
B) declined to get involved in the electoral process.
C) cast a unanimous vote.
D) deferred to the Florida Supreme Court in the election dispute between the two major party candidates.
E) decided that there was no federal question in the dispute.

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

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A concurring opinion


A) explains the chief justice's position on a case.
B) is a separate view written by a justice who votes with the majority but disagrees with its reasoning.
C) is delivered when the Court interprets a constitutional issue.
D) is delivered when at least two justices,but less than a majority,hold the same opinion in a case.
E) explains why the Court accepted the case in the first place.

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

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Senatorial courtesy refers to the tradition whereby


A) nominees for federal judgeships are treated with respect during Senate confirmation hearings,even by senators who plan to vote against the nominee.
B) senators usually defer to the president's choice of Supreme Court nominees.
C) senators are consulted on the nomination of lower-court federal judgeships in their state.
D) nominations for the federal courts,once committee hearings are concluded,are scheduled for a vote ahead of other Senate business.
E) House members always defer to the Senate on matters dealing with the judiciary.

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

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What is the most common method in the states for the selection of judges?


A) appointment by the state supreme courts
B) promotion from within the legal establishment
C) appointment by the governor
D) election to office
E) appointment by state legislatures

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

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Which of the following Supreme Court justices was appointed during the Clinton administration?


A) Sandra Day O'Connor
B) Clarence Thomas
C) Ruth Bader Ginsburg
D) Robert Bork
E) John Paul Stevens

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

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The Supreme Court has original jurisdiction in legal disputes involving


A) foreign diplomats.
B) the president.
C) the Congress.
D) private parties.
E) free speech and equal protection issues.

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

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A

Opposition to the judiciary's creative policy-making role is a consistent tenet of judicial


A) activism.
B) liberalism.
C) restraint.
D) conservatism.
E) relativism.

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

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According to the Constitution,the federal courts can issue a decision


A) only in response to a case presented to it.
B) only in cases where the U.S.government is one of the parties involved in the dispute.
C) only on cases heard previously by a state court and appealed by the losing party.
D) only in cases where the U.S.government is one of the parties involved in the dispute,and where the cases were heard previously by a state court and appealed by the losing party.
E) None of these answers is correct.

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

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.


A) free speech clause
B) establishment clause
C) assembly clause
D) voting clause
E) equal protection clause

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

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