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