The Judiciary Exam

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1- The intent of this Article was to remedy the failings of the Articles of Confederation which left judicial matters to the state.

a- Article I

b-Article II

c- Article IV

d- Article III

2- The power of a court to decide if a law or other legal issue contravenes the Constitution, and overturn.

a- legislative review

b- judicial review

c- executive review

d- None of the above

3- What year did the case of Marbury v. Madison happen?

a- 1756

b- 1800



4- The power of Judicial Review have been only used about_____times to strike down acts of Congress

a- 100

b- 125

c- 130

d- 140

e- none of the above

5- The American legal system is a dual system that consist of which of the following courts?

a- National and Legislative

b- National and Federal

c- State and Local

d-State and Federal

6- ____decide questions of law, not fact.

a- Apppellate Courts

b- Trial Courts

c- High/Supreme Courts

7- Litigation begins and courts hear the facts of the case at hand. This is called?

a- trial courts

b- state courts

c- appellate courts

d- High/Supreme Courts

e- none of the above

8- This court has actually 50 different systems. This is called?

a- State courts

b- Trial courts

c- Supreme courts

d- Federal courts

9- Judges are nominated by the_______and confirmed by the_______.

a- Senate majority leader, Senate

b- President, House of Representatives

c- House of Representatives, Senate Majority leader

d- President, Senate

10- ____advocates minimalist roles for the judges, and the latter.

a- Judicial Activisim

b- Judicial Restraint

c- Judicial Review

11- _____feels that judges should use the law to promote justice, equality, and personal liberty.

a- Judicial Review

b- Judicial Restraint

c- Judical Activism

d- none of the above

12- A precedent is a prior judicial decision that serves as a rule for setting subsequent cases of a similar nature.

a- true


13- Who implements the Courts decisions?

a- The Judical Sytem

b- The Executive Branch

c- The Legislative Branch

d- None of the above

14- In 1998 a poll of teenagers showed that only ____percent could name the Chief Justice.

a- 0




15- Which courts have original jurisdiction when dealing with two states in conflict, when the United States and a state disagree, when foreign diplomats are involved, or cases involving the President?

a- Federal Appeals Courts

b- State Supreme Courts

c- Supreme Court

d- None of the above

16- The President appoints a Supreme Court justice (judge) when there is an opening, but the House must approve the appointment

a- true

b- false

17- In this case the defendantwas given his rights in English, but was more proficient in Spanish. It was declared that before the Court could proceed, the defendants must know and understand their rights

a- Williams v. Nebraska

b- Miranda v. Arizona

c- Escobedo v. Illinois

d- Rabinowitz v. the United States

18- In this case the defendant was was taken in for questioning in the death of his brother-in-law. He asked for an attorney, but was told he was not being accused of the crime. After many hours of questioning, he confessed to the crime. It was decided that a person has a right to an attorney as soon as the focus of the investigation is on the individual

a- Miranda v. Arizona

b- Mapp v. Ohio

c- Williams v. Nebraska

d- Escobedo v. Illinois

e- none of the above

19- When the police were about to arrest the defendant, they saw him swallow something. The police pumped the defendants stomach and found drugs. This was thrown out because the police invaded defendant’s privacy rights

a- Chimel v. California

b- Rochin v. California

c- On Lee v. the United States

d- Williams v. Nebraska

20- Electronic surveillance is very hard to judge because our Founding Fathers did not conceive of such devices. The dendant gave incriminating evidence to an informant who was wired. It was upheld because it was felt that talking to the informant was the same as talking to the police.

a- Rochin v. California

b- Chimel v. California

c-On Lee v. the United States

d-Escobedo v. Illinois

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