Question 1: The U.S. model of judicial review is best described as:
A. constrained.
B. limited.
C. diffused.
D. All of the above
Question 2: The concept of diversity jurisdiction includes controversies between:
A. two or more states.
B. citizens of different states.
C. U.S. citizens and citizens of a foreign nation.
D. All of the above
Question 3: As a general matter, a person's status as a taxpayer:
A. establishes sufficient interest to challenge any law believed to be unconstitutional.
B. does not establish sufficient interest to challenge any law.
C. Establishes sufficient interest to challenge expenditures of funds to which the taxpayer contributed, so long as the expenditure is unconstitutional.
D. None of the above
Question 4: John was elected to the House of Representatives. However, the House refused to seat him due to allegations that he abused his wife 10 years earlier. He filed suit in federal court. The judge decided in his favor and in her opinion she cited statements made during the Constitutional Convention and ratification debates in the states to support her interpretation of the Qualifications Clause (which governs eligibility to be a member of Congress). The judge's interpretive method is best characterized as:
A. originalist.
B. textualist.
C. modernist.
D. literalist.
Question 5: The Constitution provides generally for two forms of federal judicial jurisdiction. Those are:
A. diversity and certiorari.
B. diversity and federal question.
C. federal question and certiorari.
D. federal question and pendency.
Question 6: A judge who follows an interpretive approach that focuses on the precise meaning of the text of the Constitution in 1787 is best described as a(n):
A. originalist.
B. modernist.
C. contemporary literalist.
D. historical literalist.
Question 7: Judicial review has been used to invalidate approximately what percentage of all federal laws?
A. 1
B. 5
C. 20
D. 50
Question 8: When the courts have federal jurisdiction whenever a national law is at issue, it is considered:
A. stare decisis.
B. federal question jurisdiction.
C. diversity jurisdiction.
D. All of the above
Question 9: Which of the following cases is most likely to be considered a political question and nonjudiciable? Representatives
A. Gerrymandering
B. A congressional decision that an amendment has been ratified
C. A congressional decision to not seat an elected member of the House of
D. A case involving a congressional subpoena of presidential records
Question 10: Federal courts are considered:
A. courts of general jurisdiction.
B. advisory courts.
C. courts of limited jurisdiction.
D. Both B and C
Question 11: In recent years, some commentators have suggested that the confirmation of judges has become:
A. increasingly political.
B. more focused on qualifications.
C. more focused on objective abilities.
D. Both B and C
Question 12: In Marbury v. Madison the Court declared the power of judicial review:
A. and invalidated President Jefferson's decision to not deliver a commission of appointment.
B. and invalidated an act of Congress extending original jurisdiction to it in contravention to Article III.
C. but did not exercise it.
D. Both a and b
Question 13: Which of the following is NOT an element of the "capable of repetition yet evading review" doctrine (an exception to the mootness doctrine)?
A. A legal or factual issue that has become moot.
B. The harm is capable of recurring.
C. The harm is significant.
D. The harm evades review. Reset Selection
Question 14: How many justices does it take to grant a writ of certiorari?
A. All justices
B. Four
C. Five
D. Six
Question 15: One role that courts perform in the United States is __________ laws.
A. proposing
B. passage of
C. interpretation of
D. None of the above
Question 16: Which of the following are formal constraints on the judiciary?
A. Removal through impeachment
B. Presidential nomination and Senate confirmation
C. Congressional control of number of justices
D. All of the above
Question 17: The federal income tax was authorized in the Constitution by:
A. Article III.
B. The Preamble.
C. the Second Amendment.
D. the Sixteenth Amendment.
Question 18: Which of the following are informal constraints on the judiciary?
A. Public opinion
B. Removal through impeachment
C. Congressional control of number of justices
D. Presidential nomination and Senate confirmation
Question 19: For an organization to have standing, it must show that:
A. the majority of its members satisfy the standing test.
B. it is capable of representing the members.
C. it has a special interest and expertise in the subject of the litigation.
D. it is registered with the Securities and Exchange Commission.
Question 20: Which of the following is NOT a constraint on federal judicial power?
A. Lifetime appointment
B. Presidential nomination
C. Impeachment for high crimes and misdemeanors
D. Congressional control of judicial jurisdiction