CRL Test Exam UPDATED QUESTIONS
AND CORRECT ANSWERS
What is judicial review? - CORRECT ANSWER courts have the right of judicial
review and the constitution is the supreme law of the land, supreme court has the right to
interpret it. Not explicitly listed in the constitution.
Civil Liberty - CORRECT ANSWER the freedom to think and act without government
interference or fear of unfair legal treatment
Civil right - CORRECT ANSWER Policies designed to protect people against arbitrary
or discriminatory treatment by government officials or individuals.
Writ of Certiorari - CORRECT ANSWER An order by a higher court directing a lower
court to send up a case for review
Oliver wendell holmes: Path of law - CORRECT ANSWER Active Liberty; The law
must change as the times change.A living constitution to use it to apply to real world
problems.
What case established the principle of judicial review? - CORRECT
ANSWER Maybury v madison
Madisonian dilemma: tyranny of majority, what's to stop the majority from overruling the
minority
What is the rational basis test? - CORRECT ANSWER A law is upheld if it is
rationally related to a legitimate government purpose. The challenger of the law has the
burden of proof to show either that there is no conceivable legitimate purpose or that the law
is not rationally related to it. 14th amendment due process or equal protection clause.
What is strict scrutiny? - CORRECT ANSWER Another test of constitutionality.
Applied on laws burdening fundamental rights of groups (such as religion, voting, privacy,
race) in which a state must prove compelling interest in limiting the rights.
,What is the term "compelling state interest?" - CORRECT ANSWER Another test of
constitutionality. Applied on laws burdening fundamental rights of groups (such as religion,
voting, privacy, race) in which a state must prove compelling interest in limiting the rights.
What is a suspect class? - CORRECT ANSWER If a statute discriminates against a
suspect class, it is then subject to strict scrutiny. Those suspect classes include race, religion,
national origin, and alianage.
What is a preferred freedom? - CORRECT ANSWER constitutional freedoms,
principally those guaranteed by the First Amendment, are fundamental in a free society and
consequently are entitled to more judicial protection than others.
Limits those freedoms must be denied the usual presumption of constitutionality and be
subjected to strict scrutiny
How does the Supreme Court act as the protector of minority rights? - CORRECT
ANSWER Through judicial review, they enforce and protect the rights of the
constitution.
What is jurisdiction? - CORRECT ANSWER Jurisdiction- The authority of court to
hear a case, can be geographical, hierarchical, or pertaining to subject matter. Case can move
through jurisdiction through appeals.
What cases does the Supreme Court have jurisdiction over? - CORRECT
ANSWER SCOTUS has original jurisdiction over certain cases, e.g., suits between two
or more states and/or cases involving ambassadors and other public ministers. The Court has
appellate jurisdiction on almost any other case that involves a point of constitutional and/or
federal law.
What is the "rule of four?" - CORRECT ANSWER Writ of certiorari:: rule of 4, appeal
under supreme for court to case, if four out of nine agree they will take your case(5 votes to
win majority only 4 need to vote)
, What do we mean by the legal model, the attitudinal model, and the separation of powers
model? - CORRECT ANSWER Explanations for how/in which ways Judges interpret
the law
Legal model of judicial decision making - CORRECT ANSWER A theoretical model
where judicial decisions are primarily determined by the case, the plain meaning of the text
from the Constitution and statutes, the intent of the framers, and/or legal precedent.
Attitudinal Model of Judicial Decision Making - CORRECT ANSWER vote based on
their ideology and personal policy preferences for the votes/public backing and support and
their own political ideology. These rules are often not precise - "zone of discretion"
-ideology and attitudes of judges play a large role in their decisions
-consequences: "venue shopping", politics of appointment
Importance: The model lives on the fantasy that judges are completely neutral, when in
reality there are idealistic biases deep routed in their core values that may sway decisions one
way or another. Because of this sway in decision, groups looking for a specific decision, shop
venue, i.e. like an env group looking for an env friendly decision will go to the 9th district
(which has been found to favor env interests) for a favorable decision.
Separation of Powers Model - CORRECT ANSWER Government separated into
different branches with checks and balances. Article 3 of the constitution outlines judicial
powers, stating they must interpret (or check) the laws passed by congress.
two-thirds of both houses of Congress must pass the amendment
What is originalism - CORRECT ANSWER Original intent- interpretation based on the
intent of founders and how they intended, constitution should be interpreted based on what
was meant at the time they wrote it.
Legal Model
what is meant by a textual approach to constitutional interpretation? - CORRECT
ANSWER Approaching the law and ruling based off of what the constitution says.
AND CORRECT ANSWERS
What is judicial review? - CORRECT ANSWER courts have the right of judicial
review and the constitution is the supreme law of the land, supreme court has the right to
interpret it. Not explicitly listed in the constitution.
Civil Liberty - CORRECT ANSWER the freedom to think and act without government
interference or fear of unfair legal treatment
Civil right - CORRECT ANSWER Policies designed to protect people against arbitrary
or discriminatory treatment by government officials or individuals.
Writ of Certiorari - CORRECT ANSWER An order by a higher court directing a lower
court to send up a case for review
Oliver wendell holmes: Path of law - CORRECT ANSWER Active Liberty; The law
must change as the times change.A living constitution to use it to apply to real world
problems.
What case established the principle of judicial review? - CORRECT
ANSWER Maybury v madison
Madisonian dilemma: tyranny of majority, what's to stop the majority from overruling the
minority
What is the rational basis test? - CORRECT ANSWER A law is upheld if it is
rationally related to a legitimate government purpose. The challenger of the law has the
burden of proof to show either that there is no conceivable legitimate purpose or that the law
is not rationally related to it. 14th amendment due process or equal protection clause.
What is strict scrutiny? - CORRECT ANSWER Another test of constitutionality.
Applied on laws burdening fundamental rights of groups (such as religion, voting, privacy,
race) in which a state must prove compelling interest in limiting the rights.
,What is the term "compelling state interest?" - CORRECT ANSWER Another test of
constitutionality. Applied on laws burdening fundamental rights of groups (such as religion,
voting, privacy, race) in which a state must prove compelling interest in limiting the rights.
What is a suspect class? - CORRECT ANSWER If a statute discriminates against a
suspect class, it is then subject to strict scrutiny. Those suspect classes include race, religion,
national origin, and alianage.
What is a preferred freedom? - CORRECT ANSWER constitutional freedoms,
principally those guaranteed by the First Amendment, are fundamental in a free society and
consequently are entitled to more judicial protection than others.
Limits those freedoms must be denied the usual presumption of constitutionality and be
subjected to strict scrutiny
How does the Supreme Court act as the protector of minority rights? - CORRECT
ANSWER Through judicial review, they enforce and protect the rights of the
constitution.
What is jurisdiction? - CORRECT ANSWER Jurisdiction- The authority of court to
hear a case, can be geographical, hierarchical, or pertaining to subject matter. Case can move
through jurisdiction through appeals.
What cases does the Supreme Court have jurisdiction over? - CORRECT
ANSWER SCOTUS has original jurisdiction over certain cases, e.g., suits between two
or more states and/or cases involving ambassadors and other public ministers. The Court has
appellate jurisdiction on almost any other case that involves a point of constitutional and/or
federal law.
What is the "rule of four?" - CORRECT ANSWER Writ of certiorari:: rule of 4, appeal
under supreme for court to case, if four out of nine agree they will take your case(5 votes to
win majority only 4 need to vote)
, What do we mean by the legal model, the attitudinal model, and the separation of powers
model? - CORRECT ANSWER Explanations for how/in which ways Judges interpret
the law
Legal model of judicial decision making - CORRECT ANSWER A theoretical model
where judicial decisions are primarily determined by the case, the plain meaning of the text
from the Constitution and statutes, the intent of the framers, and/or legal precedent.
Attitudinal Model of Judicial Decision Making - CORRECT ANSWER vote based on
their ideology and personal policy preferences for the votes/public backing and support and
their own political ideology. These rules are often not precise - "zone of discretion"
-ideology and attitudes of judges play a large role in their decisions
-consequences: "venue shopping", politics of appointment
Importance: The model lives on the fantasy that judges are completely neutral, when in
reality there are idealistic biases deep routed in their core values that may sway decisions one
way or another. Because of this sway in decision, groups looking for a specific decision, shop
venue, i.e. like an env group looking for an env friendly decision will go to the 9th district
(which has been found to favor env interests) for a favorable decision.
Separation of Powers Model - CORRECT ANSWER Government separated into
different branches with checks and balances. Article 3 of the constitution outlines judicial
powers, stating they must interpret (or check) the laws passed by congress.
two-thirds of both houses of Congress must pass the amendment
What is originalism - CORRECT ANSWER Original intent- interpretation based on the
intent of founders and how they intended, constitution should be interpreted based on what
was meant at the time they wrote it.
Legal Model
what is meant by a textual approach to constitutional interpretation? - CORRECT
ANSWER Approaching the law and ruling based off of what the constitution says.
