Academic Year 2026 – Comprehensive Study Guide and
Practice Questions
A President appointed an experienced circuit court judge to fill a vacancy on the U.S. Supreme
Court. During the Senate confirmation hearings, a committee member asked the candidate
about his personal beliefs about abortion. The candidate explained that he thought women had
a right to make decisions about their own bodies, and that a fetus is not a person under the law.
Was it proper for the candidate to give this answer to the committee?
A. Yes, because the candidate has in effect promised to uphold stare decisis in a specific case
that might come before the Court.
B. Yes, if he does not say how he would rule in any specific case, the candidate can discuss his
views on legal and political issues.
C. No, judicial candidates must not announce their political or legal views on controversial
subjects before taking the bench.
D. No, because the candidate should indicate a willingness to set aside his own views if the fa -
ANS✔✔ B
A President appointed an experienced circuit court judge to fill a vacancy on the U.S. Supreme
Court. During the Senate confirmation hearings, a committee member asked the candidate if he
would overturn Roe v. Wade if he had an opportunity to do so, or if he would uphold Roe v.
Wade due to stare decisis. How should the candidate respond?
A. The candidate should refuse to commit beforehand to ruling a specific way on any given case.
B. The candidate may answer that he would side with whatever most of the other justices on
the Court decided.
C. The candidate may not promise to overturn a specific case but may promise to uphold stare
decisis in any case.
D. The candidate should promise to ask the committee member himself how to decide
,the case whenever the situation arises. - ANS✔✔ A
A President appointed an experienced circuit court judge to fill avacancy on the U.S. Supreme
Court. During the Senate confirmation hearings, a committee member asked the candidate if he
supported a textualist or originalist approach to interpreting statutes and the Constitution. How
should the candidate respond?
A. The candidate must refuse to discuss his jurisprudence or views on statutory or
Constitutional interpretation, and he should not indicate how he would rule on a specific
upcoming case.
B. The candidate may discuss his jurisprudence or views on statutory or Constitutional
interpretation, but he should not indicate how he would rule on a specific upcoming case.
C. The candidate may declare his intention to decide specific upcoming cases on textualist or
originalist grounds, as these positions merely reveal his judicial philosophy, and do not relate to
the facts of a specific case.
D. The candidate must in - ANS✔✔ B
An attorney practices personal injury law in a small town. One of the judges who regularly
presides over the attorney's cases is celebrating his twenty-fifth year on the bench, and the
judge's friends and family have planned a banquet honoring the judge for reaching this
milestone in his career. The organizers of the event invited many of the lawyers and judges in
the area to the event. Many of the invitees are planning to bring a congratulations card or small
congratulatory gift to the banquet. The personal injury attorney purchased a $250 silver-
encased commemorative watch as a gift for the judge.
The attorney presented it at the banquet, and the next day the judge made a public report of
the gift. Was it improper for the attorney to give this watch to the judge?
A. No, because the judge is receiving many small gifts celebrating his twenty-fifth year on the
bench, and this specific watch is unlikely to influence h - ANS✔✔ B
A state probate court judge has been asked to serve on the board of directors of a public
interest group seeking to improve the law primarily through litigation exclusively in federal
, courts. The judge is thoroughly familiar both with the group's objectives and with its means of
achieving them. The judge has always considered these objectives and methods to be proper in
all respects. The judge's service as director would not interfere with performance of the judge's
judicial duties. Is it proper for the judge to accept a position on the board of directors of the
group?
A. Yes, because the judge has always considered the organization's objectives and means of
achieving them to be proper in all respects.
B. Yes, because the position would not interfere with performance of the judge's judicial duties.
C. No, because the organization primarily advances its views through litigation.
D. No, because judges may serve as dire - ANS✔✔ B
At the first status conference in a civil case, the trial judge disclosed on the record that the
defendant's lawyer was the personal attorney for the judge's brother, but said that he believed
he could be fair and impartial in the matter and was willing to serve on the case.
The judge asked the parties and their lawyers whether they wanted to waive his disqualification
or have the case assigned to another judge. The parties conferred with their lawyers at counsel
table. The judge remained in the courtroom and overheard the discussion, but did not
participate in the discussion. Although the plaintiff expressed reservations about the judge's
continued service on the case, the plaintiff's lawyer advised her that, because it was a jury trial
where the jury would decide the merits, and because the judge was an experienced trial court
judge, the plaintiff should waive the disqualification. Both parties waived the judge's d -
ANS✔✔ B
A trial judge is going through a divorce, and he hired an attorney to represent him. The
attorney's law firm partner is representing another client who is appearing before the same
judge in his personal injury lawsuit. The judge and the litigation client both give written
informed consent to the representation despite the potential conflicts of interest. Even so, the
judge is trying to keep the divorce quiet until after the upcoming elections, because this occurs
in a state with elected judges. The judge therefore refuses to disclose to the parties in the
personal injury case that counsel for one side is from the same firm as the lawyer representing
the judge in his pending divorce. Neither the attorney nor his partner can reveal to opposing
counsel in the personal injury case that their firm represents the judge, due to their duty of
confidentiality. The judge believes he will be unbiased in the personal injury case - ANS✔✔ C