Test Bank for American Constitutional Law

Test Bank for American Constitutional Law Introductory Essays and Selected Cases, 18e Alpheus Thomas Mason, Donald Grier Stephenson (All Chapters)

ONE

Jurisdiction and Organization of the Federal Courts

Multiple Choice

• Article III of the Constitution provides that the Supreme Court “. . . shall have _____

Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the _____ shall make.”

• original; Congress

*b. appellate; Congress

• original; Supreme Court
• appellate; Supreme Court

• Under Article III, _____ controls the jurisdiction, both original and appellate, of the

lower federal courts.

• the Supreme Court

*b. the Congress

• the president
• the Justice Department

• Article II enumerates specific powers granted to the president. These include the

authority to _____.*a. nominate federal judges

• suspend writs of habeas corpus
• withhold privileged communications
• all of the above

• The fundamental threshold question that must be addressed in any lawsuit is that of

_____.

• attainder
• ex post facto
• certiorari

*d. jurisdiction Stuvia.com - The Marketplace to Buy and Sell your Study Material

Downloaded by: tutorsection | [email protected]

Distribution of this document is illegal Want to earn $1.236 extra per year? 1 / 4

Stuvia.com - The Marketplace to Buy and Sell your Study Material

• After determining that a real case or controversy exists, a federal court must ascertain

whether the party initiating the litigation has _____.

• jurisdiction
• a cause of action

*c. standing

• an injunction

• A case is considered _____ if the issues that gave rise to it have been resolved or

otherwise disappeared.

• unripe
• exhausted

*c. moot

• hypothetical

• An appeal from a decision by a U.S. District Court in California is typically heard by

the U.S. Court of Appeals for the _____.*a. Ninth Circuit

• First Circuit
• Third Circuit
• Federal Circuit

• An appeal in a patent case from a U.S. district court in New Jersey will typically be

heard by the U. S. Court of Appeals for the _____.

• Third Circuit

*b. Federal Circuit

• Fifth Circuit
• District of Columbia Circuit.

• An appeal from a ruling by the Court of Appeals of Veterans Claims is typically heard

by _____.

• The U.S. Court of Appeals for the District of Columbia Circuit
• The U.S. Court of Appeals for the Federal Circuit
• The Virginia Supreme Court

*d. The U.S. Court of Appeals for the Federal Circuit

• A case appealed from the U.S. District Court in Guam will typically be heard by

_____.

• The Supreme Court of California
• The Court of Appeals for the Eighth Circuit

*c. The Court of Appeals for the Ninth Circuit

• The U.S. Court of Appeals for the Federal Circuit

• Search warrants in the federal court system are ordinarily issued by _____.
• U.S. district judges
• a law clerk Stuvia.com - The Marketplace to Buy and Sell your Study Material

Downloaded by: tutorsection | [email protected]

Distribution of this document is illegal Want to earn $1.236 extra per year? 2 / 4

Stuvia.com - The Marketplace to Buy and Sell your Study Materialc. judges on the closest U.S. court of appeals *d. U. S. magistrate judges

• Which of the following is usually included within the list of Ashwander Rules?
• The Court will not formulate a rule of law broader than the facts of the case

require.

• If possible, the Court will dispose of a case on nonconstitutional grounds.
• The Court will not pass upon the validity of a statute on complaint of one who

fails to show injury to person or property.*d. All of the above

• Which of the following is not usually included within the list of Ashwander Rules?
• The Court will not formulate a rule of law broader than the facts of the case

require.

• If possible, the Court will dispose of a case on nonconstitutional grounds.
• The Court will not pass upon the validity of a statute on complaint of one who

fails to show injury to person or property.*d. Whenever possible, the Court will protect an individual’s constitutional rights.

• Congress has specified that certain cases in the U. S. District Courts be heard and

decided by a panel of three judges instead of the usual single judge sitting alone. What is the special option available to the losing party in a decision by such a three-judge panel that is not available to the losing party in the great bulk of district court cases that are routinely decided by a single judge?

• All court fees are waived.
• The case may enjoy expedited review by one of the courts of appeals.

*c. Direct appeal to the Supreme Court.

• all of the above.

Essay Questions

• Losing litigants in the lower courts often say that they will “take this all the way

to the United States Supreme Court.” Why should such statements be regarded more as threats, not promises?

• What do the data about the Supreme Court’s caseload suggest about the

importance of state and lower federal courts in helping to shape American constitutional law?

• How can “threshold questions” such as standing be crucial in the outcome of a

constitutional case?

• What are the Ashwander rules? Do they expand or contract judicial power?

Explain.Stuvia.com - The Marketplace to Buy and Sell your Study Material

Downloaded by: tutorsection | [email protected]

Distribution of this document is illegal Want to earn $1.236 extra per year? 3 / 4

Stuvia.com - The Marketplace to Buy and Sell your Study Material5. What is the difference between a judicial activist and a judicial restraintist?

• What are the principal steps in the process by which the Supreme Court decides

cases?

• What is the role of the Solicitor General of the United States in the work of the

Supreme Court?

• What is the role of amici curiae in the work of the Supreme Court?

• What is the significance at the Supreme Court of what is informally called “the

rule of four”?

• Describe the work of a justice’s law clerk at the Supreme Court.

Stuvia.com - The Marketplace to Buy and Sell your Study Material

Downloaded by: tutorsection | [email protected]

Distribution of this document is illegal Want to earn $1.236 extra per year?

• / 4