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Detailed AP Government Judicial Branch Review Flashcards | StudBud
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Detailed AP Government Judicial Branch Review
Detailed AP Government Judicial Branch Review
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The Judiciary!!!!
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1
The court case that stated that constitutional rights must be read when arrested?
Mapp v Ohio
Bush v Gore
McDonald v Chicago
Miranda v Arizona
2
What is the presumption of constitutionality when strict scrutiny is applied by the court?
Unconstitutional
No decision, case is sent back to lower courts for trial
Constitutional
Constitutional but no precedent is set
3
Which of the following can modify a decision of the Supreme Court?
writ of certiorari
constitutional amendment
executive order
lower court decision
4
The chief lawyer of the United States is the
Vox Populi
Attorney General
Juris Prudence
Solicitor General
5
Court case that stated the individual mandate in Obamacare was legitimate part of taxing clause
Hobby Lobby v Burwell
Gibbons v Ogden
Shelby County v Holder
NIFB v Sebelius
6
In which courts are the vast majority of federal cases tried?
Trial
Special
Appellate
Supreme
7
What law limits gov't interference in free exercise of religion to a compelling interest?
1st Amendment Free Exercise Clause
Exercise of Religion Act
Religious Toleration Act
Religious Freedom Restoration Act
8
What court case set the precedent of one person one vote related to racial gerrymandering?
Reynolds v U.S.
Reynolds v Sims
Wisconsin v Yoder
U.S. v Lopez
9
Court case that stated that some corporations can exercise free exercise rights?
McDonald v Chicago
Lemon v Kurtzman
Hobby Lobby v Burwell
Engle v Vitale
10
Which type of law is created from the decisions of the courts?
Legislative
Judicial
Statutory
Common
11
The process of adding the Bill of Rights to acts of the states is called?
Amendment Process
Writ of Certiorari
Rational Basis
Selective Incorporation
12
Which court case, using steamboat travel, set the precedent of the interstate commerce clause?
Gitlow v New York
Gibbons v Ogden
Marbury v Madison
McCulloch v Maryland
13
How many Supreme Court justices must agree to accept a case?
6
5
3
4
14
What is the key court decision line about affirmative action and college admissions?
Separate but equal in inherently unequal
Quotas are permissible in certain state universities
Can't check constitutional rights at the university gate
Race can be used as one of many factors in admissions
15
What is a reason that a District court case can be sent to an appellate court?
The guilty party believes they were innocent
The government lost their case
The judge believed the jury made an incorrect decision
An incorrect ruling was made that affected the outcome
16
All federal judicial nominations are first referred to which of the following for a hearing?
House Judiciary Committee
Senate Judiciary Committee
Senate Nominations Committee
Supreme Court
17
The__________ Act of 1789 created the basic three-tiered structure of thefederal court system.
Supreme Court
Judicial Review
Judiciary
FederalCourts
18
What law was passed by Congress after Employment Oregon v Smith to limit gov't in free exercise
Religious Freedom Restoration Act
Religious Interpretation Act
Free Exercise Act
Social Security Act
19
Which case struck down state-mandated segregation in public schools?
Brown v Topeka Board of Education
Gideon v Wainwright
Tinker v Des Moines Independent School District
Plessy v Ferguson
20
How many US Districts Courts are there in the federal court system?
94
13
1
88
21
Lemon test, Strict Scrutiny and Rational Basis test are judicial tests that
apply only to state laws
reinforce 14th amendment rights
provide continuity in judicial rulings
measure the constitutionality of free speech laws
22
The U.S. courts of appeals are divided into ______numbered circuits?
94
11
13
3
23
Test is used when the gov't must prove it has a compelling interest to discriminate?
Intermediate scrutiny
Litmus test
Strict scrutiny
Rational basis test
24
Case where corporations and union can give money to SuperPacs and 501 c(4) groups for elections
Hobby Lobby v Burwell
Shelby County v Holder
Citizens United v FEC
NIFB v Sebelius
25
Court case that stated that students have symbolic political speech rights with Vietnam/armband
Brown v Topeka Board of Education
Tinker v Des Moines ISD
U.S. v Lopez
Engle v Vitale
26
Which court case first outlined a right to privacy, even though it is not in the 4th amendment?
Griswold v Connecticut
Mapp v Ohio
Miranda v Arizona
Roe v Wade
27
A women's right to an abortion based on a right of privacy was formulated in this court case.
Griswold v Connecticut
Roe v Wade
Webster v Reproductive Health Services
Planned Parenthood v Casey
28
Courts provide a statement of the legal reasoning behind their decisions in written _______?
Decisions
Briefs
Arguments
Opinions
29
What court case set the precedent that organized school led prayer is unconstitutional?
Reynolds v U.S.
Obergefell v Hodges
Engle v Vitale
Lemon v Kurtzman
30
The Supreme Court will most likely issue a writ of certiorari when?
President has ordered them to hear a case
Many amicus curiae briefs written to the court
The case lacks standing
Several conflicting ruling among the lower courts on a case
31
Interpreting the Constitution from the time of enactment and nothing more is known as?
Litmus Test Review
Originalism
Judicial Review
Judicial Activism
32
Court case began the process of selective incorporation of the Bill of Rights to the states?
Schenck v U.S.
Schecter Poultry v U.S.
Mapp v Ohio
Gitlow v New York
33
The power of the court to declare laws and acts unconstitutional is?
Judicial Review
Precedent
Certiorari
Stare Decisis
34
What is the middle level of the federal court system?
Appellate Court
FISA Court
District Court
Common Pleas
35
When more than one justice may or agree w/a written decision for different reason is?
Concurring opinion
Minority opinion
Majority opinion
Judgemental opinion
36
A judge who believes in judicial restraint believes their obligation is to
A law is unconstitutional only if conflict with Constitution
Meet the need of the American people
Rule in what they feel is best for society
Broadly interpret Constitution for laws that are helpful
37
In which level of the federal court system do cases generally begin?
Magistrate
Appellate
District
Supreme
38
Which court case created the precedent of judicial review?
Marbury v Madison
McCulloch v Maryland
Wisconsin v Yoder
Brown v Topeka Board of Education
39
Federal judges are appointed to __________ terms.
4
2
life
6
40
Which Article of the Constitution created the federal judiciary?
IV
II
III
I
41
A potential judge is asked how they would rule in a case in an confirmation hearing, this is a?
Rorschach test
Litmus test
Citizenship test
Certiorari test
42
The denial of same sex marriage by the states was a violation of the 14th amendment is from?
NIFB v Sebelius
Obergefell v Hodges
Roe v Wade
Burwell v Hobby Lobby
43
Which court case created the exclusionary rule, tainted evidence cannot be used in court
Schenck v U.S.
Reynolds v Sims
Mapp v Ohio
Gitlow v New York
44
Court case that stated the interstate commerce cause wan an overreach by gov't w/ schools/guns?
Bush v Gore
U.S. v Lopez
Citizens United v FEC
McDonald v Chicago
45
The right of a court to first hear and rule on a case is known as?
Jurisdiction
Judicial Review
Amicus Curiae
Certiorari
46
The court case Univ. California v Bakke is about what court granted civil right?
Desegregation
Gerrymandering
Voting
Affirmative Action
47
In which of the following cases did the Supreme Court first claim the right of judicial review?
Brown v Board of Education
McCullogh v Maryland
Gibbons v Ogden
Marbury v Madison
48
In which Article of the Constitution is the power of Judicial Review listed?
II
I
It is not listed
III
49
Which court case set precedent that the free exercise clause cannot interfere with the law?
Reynolds v U.S.
Gitlow v New York
Utah v U.S.
Dred Scott v Sanford
50
Which court case does NOT deal with the issue of affirmative action?
Grutter v Bollinger
University of California Regents v Bakke
Grantz v Bollinger
U.S. v Lopez
51
What would happen if there is a 4-4 tie in cases?
Nothing Different would happen
The decision of the appellate court is affirmed/no precedent
The decision of the lower appellate court is reversed
The case is reargued next term
52
How many total justices are on the Supreme Court of the U.S.
8
9
13
11
53
What is the correct characterization of the type of hearings at the Supreme Court?
Video Review of the Appellate Court
Question and Answer between the justices and lawyers
Lecture from all 9 justices
Issuing of the opinions
54
A justice that believes that the S.C. should be ruling on same sex marriage would be using?
Strict Constructionism
Judicial Restraint
Free Interpretation
Judicial Activism
55
What is the lowest level of the State of Ohio court system?
Ohio District Court
Court of Common Pleas
Ohio Appellate Court
Ohio Supreme Court
56
Which court case incorporated the 2nd amendment to the states?
Shelby County v Holder
McDonald v Chicago
Reynolds v U.S.
U.S. v Lopez
57
Which court case continued the idea of granting expansive wartime power to the government?
Korematsu v U.S.
U.S. v Lopez
Reynolds v U.S.
Gideon v Wainwright
58
The idea that judges should use the constitution and their power broadly to further justice is?
Judicial Activism
Strict Constructionist
Judicial Restraint
Originalism
59
In court rulings, reliance on past decisions to formulate decisions in new casesis known as?
stare decisis
caveat emptor
amicus curiae
per curiam
60
Which term is used to describe fundamental liberties existing outside of the Bill of Rights?
Penumbra
Rational basis
Intermediate scrutiny
Selectivization
61
Which court case stated that slaves cannot be citizens, only property?
Reynolds v Ogden
Dred Scott v Sanford
Marbury v Madison
Scott v Georgia
62
Decisions made in federal court should most likely be based on?
Amicus Curiae
Judicial Activism
Judicial Restraint
Stare Decisis
63
A writ of __is a request submitted to the U.S. Supreme Court to review a lower court decision.
Certiorari
Mandamus
Decisis
Praesidium
64
A Supreme Court ruling that sets a legal standard in a case for the first time is?
Judicial Implementation
Amicus Curiae
Precedent
Judicial review
65
How many justices currently serve on the Supreme Court?
7
8
4
9
66
Only a(n) __________ court can review the decisions of a lower court.
Constitutional
Intelligence
Trial
Appellate
67
A S.C. justice that disagrees with a case decision would write a?
Dissenting Opinion
Majority Opinion
Amicus Opinion
Certiorari Opinion
68
Which of the following nominates U.S. federal judges?
Speaker of the House
Senate
President
Attorney General
69
Court case that invalidated Justice Dept. pre-clearence for voting laws under Voting Rights Act
Burwell v Hobby Lobby
Citizens United v FEC
Shelby County v Holder
NIFB v Sebelius
70
Court case that created a three part test for public aid to private religious schools?
Engle v Vitale
Lemon v Kurtzman
Santa Fe ISD v Doe
Tinker v Des Moines ISD
71
Typically, oral arguments at the Supreme Court are characterized by?
Lawyers reading from their notes
Justices reading amicus curiae briefs
Questions and answers between lawyers and justices
Justices and lawyers reviewing notes from the lower courts
72
When strict scrutiny is applied, who has the presumption of proving the discrimination intent?
Defendant
Justices in the Court of Appeals
Supreme Court Justices
Government
73
Court case incorporated the right for an attorney to be provided even if you cannot afford one?
Gideon v Wainwright
Lemon v Kurtzman
Engle v Vitale
Marbury v Madison
74
A legal document meant to sway the court before the case is heard is known as?
Amicus Curiae Brief
Auribus Teneo Lupum Brief
Writ of Mandamus Brief
Writ of Certiorari Brief
75
A judge that interprets the law strictly according to the Constitution believes in?
Originalism
Judicial Conservatism
Judicial Liberalism
Judicial Activism
76
Which court case, using the national bank, established the supremacy clause as precedent?
McCulloch v Maryland
Marbury v Madison
Gibbons v Ogden
Mapp v Ohio
77
Which amendment provided that no state could deny any person the equal protection of the law?
14th
13th
15th
16