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Chapter 13: The Courts
13 problems · 0 figures13-1 §13.1 source ↗
The Supreme Court’s power of judicial review ________.
- a.is given to it in the original constitution
- b.enables it to declare acts of the other branches unconstitutional
- c.allows it to hear cases
- d.establishes the three-tiered court system
Answer
B. enables it to declare acts of the other branches unconstitutional
13-3 §13.1 source ↗
In Federalist No. 78, Alexander Hamilton characterized the judiciary as the ________ branch of government.
- a.most unnecessary
- b.strongest
- c.least dangerous
- d.most political
Answer
C. least dangerous
13-5 §13.1 source ↗
What do you find most significant about having a common law system?
Answer
The judicial branch is involved in the system of law-making in the United States. Through their interpretation of the law, judges are an important part of the legal system and influence the way law is made and interpreted. They don’t just apply the law; they also make it.
13-7 §13.2 source ↗
Both state and federal courts hear matters that involve ________.
- a.civil law only
- b.criminal law only
- c.both civil and criminal law
- d.neither civil nor criminal law
Answer
C. both civil and criminal law
13-9 §13.2 source ↗
The existence of the dual court system is an unnecessary duplication to some but beneficial to others. Provide at least one positive and one negative characteristic of having overlapping court systems in the United States.
Answer
Overlapping court systems provide each individual with more than just one court to protect that individual's rights. A person seeking a wrong to be righted may have alternate places to pursue a case. On the other hand, having overlapping court systems opens the door to the possibility of unequal or disparate administration of justice.
13-11 §13.3 source ↗
Besides the Supreme Court, there are lower courts in the national system called ________.
- a.state and federal courts
- b.district and circuit courts
- c.state and local courts
- d.civil and common courts
Answer
B. district and circuit courts
13-13 §13.3 source ↗
The justices of the Supreme Court are ________.
- a.elected by citizens
- b.chosen by the Congress
- c.confirmed by the president
- d.nominated by the president and confirmed by the Senate
Answer
D. nominated by the president and confirmed by the Senate
13-15 §13.3 source ↗
When it comes to filling judicial positions in the federal courts, do you believe race, gender, religion, and ethnicity should matter? Why or why not?
Answer
The United States has become much more diverse, and it is only fitting that the judicial branch more accurately reflects the demographic composition of the population. At the same time, judicial positions should be filled by the most competent and qualified candidates.
13-17 §13.4 source ↗
A case will be placed on the Court’s docket when ________ justices agree to do so.
- a.four
- b.five
- c.six
- d.all
Answer
A. four
13-19 §13.4 source ↗
The lawyer who represents the federal government and argues cases before the Supreme Court is the ________.
- a.solicitor general
- b.attorney general
- c.U.S. attorney
- d.chief justice
Answer
A. solicitor general
13-21 §13.5 source ↗
When using judicial restraint, judges will usually ________.
- a.refuse to rule on a case
- b.overrule any act of Congress they don’t like
- c.defer to the decisions of the elected branches of government
- d.make mostly liberal rulings
Answer
C. defer to the decisions of the elected branches of government
13-23 §13.5 source ↗
Which of the following is a check that the legislative branch has over the courts?
- a.Senate approval is needed for the appointment of justices and federal judges.
- b.Congress may rewrite a law the courts have declared unconstitutional.
- c.Congress may withhold funding needed to implement court decisions.
- d.all of the above
Answer
D. all of the above
13-25 §13.5 source ↗
Discuss some of the difficulties involved in the implementation and enforcement of judicial decisions.
Answer
The judicial branch has no power of its own over implementation of enforcement of its rulings and is thus dependent on the other two branches to make this happen, relying on the executive to enforce its decisions and on the legislature to fund it. Hamilton said the judiciary has “no influence over either the sword or the purse” and “neither force nor will, but merely judgment,” stressing the court system’s reliance on assistance from the other two branches.
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Problems and answers are adapted from American Government 4e by Glen Krutz and Sylvie Waskiewicz, OpenStax, and are used under the CC BY-NC-SA 4.0 licence. Access for free at https://openstax.org/books/american-government-4e/pages/1-introduction. Illustrations: Copyright Rice University, OpenStax, under CC BY-NC-SA 4.0 license. This adaptation is released under the same licence, is non-commercial, and is neither affiliated with nor endorsed by OpenStax or Rice University.