Multiple Choice Answers

1. 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
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
3. 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
4. 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.
5. 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.

6. U.S. model of judicial review is best described as:
A. constrained.
B. limited.
C. diffused.
D. All of the above
7. One role that courts perform in the United States is __________ laws.
A. proposing
B. passage of
C. interpretation of
D. None of the above
8. Judicial review has been used to invalidate approximately what percentage of all federal laws?
A. 1
B. 5
C. 20
D. 50
9. 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
10. “Removal” is the term used to describe the process of:
A. transferring a case from state court to federal court.
B. dismissing a case.
C. finding joint federal and state jurisdiction.
D. Both B and C
11. 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
12. The Constitution has been amended __________ times to reverse Supreme Court decisions.
A. 0
B. 2
C. 4
D. 10
13. The Younger Doctrine provides that federal courts shall abstain from interfering with state:
A. criminal proceedings in most instances.
B. criminal proceedings in all instances.
C. political question cases in all instances.
D. criminal proceedings and political question cases in all instances.
14. 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
15. Which of the following best describes presidential nominations of justices to the U.S. Supreme Court?
A. Presidents tend to nominate individuals who, they believe, share their political opinions.
B. Most presidents have not considered the political views of prospective nominees.
C. Presidents delegate nominations to key senators of the same party as the president.
D. Presidents delegate nominations to the American Bar Association.
16. Which of the following best describes the framers’ intentions concerning
the relationship between state and federal courts?
A.Federal courts were to be the primary courts under the Constitution, hearing all important cases (i.e., felony criminal proceedings).
B.State courts were to be the primary courts, with the federal courts
possessing jurisdiction over a select group of cases.
C. The Constitution created a system of federal courts to hear all cases
and abolished the state court systems.
D.The Constitution did not create any federal courts and specifically
acknowledged the jurisdiction of state courts over all cases, federal
and state.