Which is not a constraint on federal judicial power

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Reference no: EM131349943

Question 1

Today, most cases heard by the Supreme Court come to it through:

A. writ of certiorari.

B. appeal.

C. original jurisdiction.

D. notice of recall.

Question 2

"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

Question 3

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 4

Federal courts are considered:

A. courts of general jurisdiction.

B. advisory courts.

C. courts of limited jurisdiction.

D. Both B and C

Question 5

The Constitution has been amended __________ times to reverse Supreme Court decisions.

A. 0

B. 2

C. 4

D. 10

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

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

Question 8

The power of judicial review extends to __________ action.

A. congressional

B. executive

C. state

D. All of the above

Question 9

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.

Question 10

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 11

The Supreme Court was established in the Constitution by the:

A. First Amendment.

B. Article I.

C. Article III.

D. Tenth Amendment.

Question 12

When a case is improperly removed from state court, and then returned to state court, the process is referred to as:

A. remand.

B. reverse removal.

C. jurisdictional negation.

D. dismissal.

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.

Question 14

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 15

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 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 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 19

The U.S. model of judicial review is best described as:

A. constrained.

B. limited.

C. diffused.

D. All of the above

Question 20

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.

Reference no: EM131349943

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