U.S. Government Practice Test: The Federal Courts
- The Federal Courts
- 10 questions
- 12 minutes
These 10 questions cover how the federal judiciary is organized and how the Supreme Court decides which cases to hear. Keep the three levels in mind: district courts try cases, courts of appeals review them, and the Supreme Court has the last word.
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Question 1
Which article of the Constitution establishes the Supreme Court?
Correct answer: C
Article III creates the Supreme Court and lets Congress set up lower federal courts. Article IV covers relations among the states.
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Question 2
How long do federal judges appointed under Article III, such as Supreme Court justices, serve?
Correct answer: A
Article III says judges hold their offices "during good Behaviour," so they serve until they die, retire or are impeached and removed. This protects judges from political pressure.
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Question 3
Who decides how many justices sit on the Supreme Court?
Correct answer: D
The Constitution does not set a number; Congress does. The number has been nine since the Judiciary Act of 1869.
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Question 4
What is the power of courts to declare a law or government action unconstitutional called?
Correct answer: B
Judicial review lets courts strike down laws that violate the Constitution; the Supreme Court first used it in Marbury v. Madison (1803). Judicial restraint is a philosophy of deferring to the elected branches.
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Question 5
Two states sue each other over rights to a river, and the case goes directly to the Supreme Court without any lower court trial. This is an example of:
Correct answer: A
Original jurisdiction is the power to hear a case first. Article III gives the Supreme Court original jurisdiction in cases where a state is a party; most of its other cases come on appeal.
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Question 6
When the Supreme Court agrees to review a decision of a lower court, it issues a:
Correct answer: C
A writ of certiorari orders the lower court to send up the case record for review. A writ of habeas corpus requires the government to justify holding a person in custody.
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Question 7
Under the Supreme Court's "rule of four," what does it take for the Court to accept a case for review?
Correct answer: B
By custom the Court grants certiorari when at least four justices vote to hear a case, even though a decision needs a majority. The Chief Justice has no special veto over which cases are heard.
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Question 8
In the federal court system, where are most federal cases tried for the first time?
Correct answer: D
The 94 federal district courts are the trial courts, where witnesses testify and juries sit. The courts of appeals review district court decisions.
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Question 9
A justice agrees with the Supreme Court's decision but for different legal reasons than the majority gives. What does that justice write?
Correct answer: B
A concurring opinion agrees with the result while giving separate reasoning. A dissenting opinion disagrees with the result itself.
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Question 10
Courts usually follow the rulings of earlier cases with similar facts. What is this principle called?
Correct answer: D
Stare decisis ("to stand by things decided") means following precedent so the law stays stable and predictable. The Court can still overturn a precedent, as it did when Brown v. Board of Education rejected Plessy v. Ferguson.
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