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

And the answers are . . .
B, D, A, and C
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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