The Third Branch

US Court of Appeals, 5th Circuit, New Orleans (David Wolfford, July 2022)

Multiple-Choice Questions.

To assess your knowledge and skills in government and politics, answer these sample multiple-choice questions. Here are some questions on Judiciary. The correct answers will appear below the questions after a brief delay.   1. Which of the following statements is true regarding the Court’s decision in Marbury v. Madison? (A) The case involved a dispute centered around Congress’s interstate commerce power. (B) It was the first time the U.S. Supreme Court overruled an act of Congress. (C) Before the Marbury ruling no concept of judicial review existed. (D) The Supreme Court voted 7 to 2 vote in the Marbury decision.   2. Which of the following is an accurate comparison of trial and appeals courts?

Trial Courts

Appeals Courts

(A) Make rulings on the law, but do not determine facts Have a 12-member jury to decide disputes
(B) Have multiple judges that sit on a panel during a trial Must hear appeals from citizens who request an appeal
(C) Exist at the state level, but not the federal level Are guaranteed by the Sixth Amendment’s right to a fair trial
(D) Where most conflicts in the courts originate and end Exist to assure the concept of certiorari
  3. A federal judge in the U.S. District Court of Missouri has announced his retirement. The two U.S. Senators from Missouri are both Democrats, and both send names of potential judges as recommendations to replace the retiring judge to the sitting Republican president. The president instead announces another qualified nominee, a conservative-leaning judge from the Missouri state supreme court. The Senate is controlled by the Republican party. Which of the following will likely happen? (A) The judge will be confirmed, but without approval from the Senators from Missouri and most Democrats. (B) The president will withdraw this nomination and nominate one of the original recommended nominees. (C) Most Democrat senators will vote for the President’s nominee (D) The Senate will refuse to call for a vote on this nominee.   4. Which of the following constitutional features are the best example of why the judicial branch can remain independent? (A) A multi-level court system to assure justice (B) Fixed salaries that cannot be raised during their tenures (C) Appointments during good behavior (D) The Senate’s advice and consent power confirming them   5. Which constitutional amendment shaped the courts’ jurisdiction? (A) Eleventh Amendment (B) Twelfth Amendment (C) Fourteenth Amendment (D) Sixteenth Amendment   6. Oral arguments before the Supreme Court usually feature (A) live video broadcasts on television (B) half-hour presentations from each side (C) two hours of presentations and one hour of questions (D) no time limits, as there is no time limit on justice   7. Which of the following is an accurate comparison of civil and criminal courts?

Civil Courts

Criminal Courts

(A) Rulings are final and cannot be appealed Try felonies, not misdemeanors
(B) Do not have juries or jury trials Can be appealed if a “not guilty” verdict is delivered at trial
(C) Hear lawsuits where plaintiffs seek a recovery of damages Require a verdict of guilty beyond a reasonable doubt to convict a defendant
(D) Are in the federal judicial system, not the state judicial systems Hold trials where the government charges accused criminals
  8. At a closed conference in the chambers of the Supreme Court, the three most vocal justices split in their view of the case at hand after the public oral arguments before the Court. The first associate justice sided with the petitioner, based on prior precedence. The second associate justice felt the respondent should win based on their interpretation of the Constitution. The chief justice was also vocal about the issue, but not obvious in his view of who should win the case. Which of the following are most likely to follow? (A) The second justice must change his view because judicial activism is discouraged in the court. (B) The two associate justices will wait to see the Chief justice’s opinion before declaring theirs. (C) Regardless of the decision, all of these justices might write some type of opinion. (D) This court appears so divided it will likely not issue a ruling or opinion.   9. Which of the following is an accurate comparison of U.S District Courts and the U.S. Supreme Court?
U.S. District Courts U.S. Supreme Court
(A) Hear cases involving federal crimes and high-dollar disputes between citizens from different states Is a nine-judge panel with original and appellate jurisdiction
(B) Typically have jurisdiction over violent crimes, like rape and armed robbery Hears all trials involving the death penalty
(C) Can grant certiorari if accepting an appeal from a lower court Can hear cases on federal law, but not state law
(D) Are served by judges elected by the people Hears and decides verdicts for seriously violent crimes and repeat offenders
 
And the answers are . . .
B, D, A, C, A,  B, C,  C, and A
What unique vocabulary terms did you see that you were not familiar with? How might knowing these terms help you answer the question?
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