AP Review

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• AP Review Part 9
• The Judiciary

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• 1) Judicial authority extends to issues dealing
  with all the following areas EXCEPT
• a. Common Law
• b. equity
• c. Civil law
• d. Criminal law
• e. Pending legislation

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• 1) Judicial authority extends to issues dealing
  with all the following areas EXCEPT
• a. Common Law
• b. equity
• c. Civil law
• d. Criminal law
• e. Pending legislation

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• 2) Which of the following represents the best
  example of a case dealing with original
  jurisdiction?
• a. A review of New York and New Jersey arguing
  over property rights related to Ellis Island
• b. An appeal by a convict on death row
• c. A review of the constitutionality of a school
  district allowing prayer at a graduation ceremony
• d. A review of President Nixons decision not to
  turn over the Watergate tapes to Congress
• e. A review of a federal law mandating
  affirmative action in industries that have
  contracts with the government

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• 2) Which of the following represents the best
  example of a case dealing with original
  jurisdiction?
• a. A review of New York and New Jersey arguing
  over property rights related to Ellis Island
• b. An appeal by a convict on death row
• c. A review of the constitutionality of a school
  district allowing prayer at a graduation ceremony
• d. A review of President Nixons decision not to
  turn over the Watergate tapes to Congress
• e. A review of a federal law mandating
  affirmative action in industries that have
  contracts with the government

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• Explanation
• The constitution defines original jurisdiction as
  those cases that involve disputes between or
  among the states. In such instances the case
  must go directly to the Supreme Court. Most
  cases get to the Supreme Court on appeal. Thus,
  the only situation that applies to the definition
  is choice A.

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• 3) Which of the following principles does common
  law rely on?
• a. Judicial precedent
• b. Contract issues
• c. Judicial restraint
• d. Habeas corpus
• e. Judicial activism

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• 3) Which of the following principles does common
  law rely on?
• a. Judicial precedent
• b. Contract issues
• c. Judicial restraint
• d. Habeas corpus
• e. Judicial activism

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• Explanation
• The basis of common law is judicial precedent or
  its Latin equivalent stare decis. Contract law
  certainly relies on precedent, and advocates of
  judicial restraint and judicial activism also
  have specific viewpoints regarding overturning or
  upholding precedent. Habeas corpus appeals can
  also call upon precedent. The point is that the
  principle of precedent is extremely important.

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• 4) Which of the following actions requires
  senatorial courtesy?
• a. A bill introduced by a senator from one state
  must get agreement from the other senator in that
  state
• b. Members of the same party agree on the order
  of legislation
• c. Senators from the state in which a judicial
  appointment is being made by the president are
  informed of who the candidate is prior to the
  actual appointment
• d. The majority leader of the Senate informs the
  minority leader who he is appointing as committee
  chairman
• e. The president informs the chairman of the
  Judiciary Committee of a Supreme Court nominee
  prior to the announcement

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• 4) Which of the following actions requires
  senatorial courtesy?
• a. A bill introduced by a senator from one state
  must get agreement from the other senator in that
  state
• b. Members of the same party agree on the order
  of legislation
• c. Senators from the state in which a judicial
  appointment is being made by the president are
  informed of who the candidate is prior to the
  actual appointment
• d. The majority leader of the Senate informs the
  minority leader who he is appointing as committee
  chairman
• e. The president informs the chairman of the
  Judiciary Committee of a Supreme Court nominee
  prior to the announcement

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• 5) Which of the following committees is
  responsible for reviewing Supreme Court nominees?
• a. House Judiciary
• b. Senate Judiciary
• c. House Rules
• d. Senate Appropriations
• e. House Ways and Means

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• 5) Which of the following committees is
  responsible for reviewing Supreme Court nominees?
• a. House Judiciary
• b. Senate Judiciary
• c. House Rules
• d. Senate Appropriations
• e. House Ways and Means

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• 6) Acceptance of a writ of certiorari is based
  on all the following criteria EXCEPT
• a. A vote by three Supreme Court justices
• b. A court decision that conflicts with
  precedent
• c. A court of appeals decision that conflicts
  with another court of appeals decision
• d. Inconsistencies between courts of different
  states
• e. A split decision in the court of appeals

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• 6) Acceptance of a writ of certiorari is based
  on all the following criteria EXCEPT
• a. A vote by three Supreme Court justices
• b. A court decision that conflicts with
  precedent
• c. A court of appeals decision that conflicts
  with another court of appeals decision
• d. Inconsistencies between courts of different
  states
• e. A split decision in the court of appeals

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• Explanation
• Choices B, C, D, and E are situations that over
  the years have become criteria for accepting
  appeals cases. There is no absolute requirement
  that states that, if the condition met in those
  examples exist, the Court must review the case.
  However, these examples have become the guiding
  principles of accepting cases for review. Choice
  A is incorrect because it is required that four
  justices agree to hear a case.

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• 7) Which represents a major reason for the
  submission of an amicus curiae brief?
• a. The Court must rely on precedent cases
• b. A friend of the court wishes to provide
  additional information to the Court
• c. Lower courts must provide transcripts of its
  decisions.
• d. The Supreme Court requires related interest
  in the case to submit briefs
• e. The brief from the petitioner provides
  amended information about the case

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• 7) Which represents a major reason for the
  submission of an amicus curiae brief?
• a. The Court must rely on precedent cases
• b. A friend of the court wishes to provide
  additional information to the Court
• c. Lower courts must provide transcripts of its
  decisions.
• d. The Supreme Court requires related interest
  in the case to submit briefs
• e. The brief from the petitioner provides
  amended information about the case

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• Explanation
• If you knew that the definition of amicus curiae
  is friend of the court, you certainly could pick
  out the right answer immediately. If you didnt
  , you could probably proceed to eliminate choice
  A because even though it is a truthful statement,
  it has no relation to the submission of
  additional briefs. Choice C is also accurate but
  again does not provide new information. Choice D
  is a false statement, and briefs do not change
  information about a case. They make
  constitutional arguments about a case.

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• 8) The Court of which of the following Chief
  Justices handed down the most activist decisions?
• a. Salmon Chase
• b. William Rehnquist
• c. Earl Warren
• d. Roger Taney
• e. Warren Berger

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• 8) The Court of which of the following Chief
  Justices handed down the most activist decisions?
• a. Salmon Chase
• b. William Rehnquist
• c. Earl Warren
• d. Roger Taney
• e. Warren Berger

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• Explanation
• Even though other justices throughout history may
  have been involved in decisions that have been
  considered activist, the Chief Justice best known
  as the leader of a activist court was Earl
  Warren. Bergers Court comminuted some of
  Warrens activism, but it was certainly the
  intent of Nixon in appointing him to modify the
  Courts direction.

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• 9) An example of a decision that would be
  classified as activist is
• a. San Antonio v. Rodriguez
• b. Dred Scot v. Sanford
• c. Plessy v. Ferguson
• d. Brown v. Board of Education
• e. New Jersey v. TLO

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• 9) An example of a decision that would be
  classified as activist is
• a. San Antonio v. Rodriguez
• b. Dred Scot v. Sanford
• c. Plessy v. Ferguson
• d. Brown v. Board of Education
• e. New Jersey v. TLO

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• Explanation
• The classic example of an activist decision is
  the Brown base. The San Antonio case resulted in
  a decision that affirmed the states rights to
  fund schools even if it meant that poorer
  districts did not spend the same amount of money
  for its students. Dred Scott established that
  slaves were property. Plessy affirmed the
  state's right o allow separate but equal. And
  New Jersey was able to search TLO without a
  warrant. These cases are all considered to
  uphold the principle of judicial restraint.

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• 10. The Court of which of the following Chief
  Justices is best known for exercising judicial
  restraint?
• a. John Marshall
• b. William Rehnquist
• c. Roger Taney
• d. Earl Warren
• e. Warren Berger

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• 10. The Court of which of the following Chief
  Justices is best known for exercising judicial
  restraint?
• a. John Marshall
• b. William Rehnquist
• c. Roger Taney
• d. Earl Warren
• e. Warren Berger

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• Explanation
• The justice best known for fostering an attitude
  that encouraged judicial restraint was Chief
  Justice William Rehnquist. Marshalls decision
  in his time were precedent setting, and Warren
  personifies an activist justice. Taney and
  Burger, although making decisions that can be
  considered by those favoring judicial restraint
  as such, still did not have an overall record in
  the area as Rehnquist.

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• 11) Critics of judicial activism would favor a
  Supreme Court that would
• a. Give greater protection to the accused
• b. Expand civil rights
• c. Acts as a watchdog over the other branches of
  government
• d. Increase the power of the federal government
• e. Allow the president to influence the opinion
  of the Court

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• 11) Critics of judicial activism would favor a
  Supreme Court that would
• a. Give greater protection to the accused
• b. Expand civil rights
• c. Acts as a watchdog over the other branches of
  government
• d. Increase the power of the federal government
• e. Allow the president to influence the opinion
  of the Court

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• 12) Critics of judicial restraint would favor a
  Supreme Court that would
• a. Create new precedent
• b. Decrease the power of the federal government
• c. Decrease the power of the state governments
• d. Only agree to hear a limited number of cases
• e. Uphold precedent

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• 12) Critics of judicial restraint would favor a
  Supreme Court that would
• a. Create new precedent
• b. Decrease the power of the federal government
• c. Decrease the power of the state governments
• d. Only agree to hear a limited number of cases
• e. Uphold precedent

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• The End