Deck 10: The American Legal System and the Courts

Question 1

According to many scholars,Americans sue each other a great deal for all of the following reasons EXCEPT this one:

A) We are committed to individual freedom.
B) We believe citizens have the right to defend themselves against harm by others.
C) In the United States, fewer protections for citizens are enacted into law, so citizens must sue to receive compensation for damages.
D) Americans have come to expect that everything that causes harm can be blamed on someone.
E) Lawsuits are easy to file in the United States compared with other countries.

Answer 1

E

Question 2

The role of the judge in the common-law tradition differs from the role of the judge in the civil-law tradition in that ______.

A) judges in the common-law tradition have much more discretion to interpret the law
B) judges in the common-law tradition are charged with finding the truth
C) judges in the common-law tradition play a much more active role in trials
D) judges in the common-law tradition do not rely on precedent as much as judges in the civil-law tradition
E) judges in the civil-law tradition act more as neutral umpires than do judges in the common-law tradition

Answer 2

A

Question 3

The textbook argues that the United States is unlikely to change from an adversarial system of law for all of the following reasons EXCEPT this one:

A) It makes it easier to maintain the principle of "innocent until proven guilty."
B) It fits with the cultural emphasis on individualism.
C) It is generally acknowledged to be more fair than the inquisitorial system.
D) It fits with the cultural emphasis on procedural values.
E) Lawyers in the United States have a strong interest in preserving the current system.

Answer 3

C

Question 4

Which of the following statements concerning the functions of the law is NOT correct?

A) The function of providing security is the most basic function of law.
B) The weakness of the law is that we can easily break a rule that we do not know exists.
C) The courts serve as neutral third parties in conflict resolution.
D) Enforcing society's values is a function of the law.
E) Society distributes benefits and rewards through the law.

Question 5

Which of the following statements is NOT true regarding the U.S.legal system in comparison to those of other countries?

A) Americans file more civil suits.
B) It is debatable whether Americans are more litigious than citizens of other nations.
C) Unlike other countries, the United States has an inquisitorial legal system.
D) The U.S. system is based on the common-law tradition while many European systems are based on the civil-law tradition.
E) The United States draws its common-law tradition from Great Britain.

Question 6

According to Thomas Hobbes and John Locke,the primary function of law is to ______.

A) enforce moral values
B) create a more just society
C) provide security, order, and predictability in life
D) secure the advantages of the dominant class in society
E) increase equality of opportunity

Question 7

A violation of civil law is called ______.

A) an infraction
B) a felony
C) a crime
D) a tort
E) a misdemeanor

Question 8

All of the following rights are protected by procedural laws EXCEPT this one:

A) the right to an attorney in a criminal case
B) the right to vote
C) the right to appeal a decision by the IRS
D) the Fourth Amendment right against illegal searches and seizures
E) the right to remain silent in testimony before Congress

Question 9

In an inquisitorial system,______.

A) there are no trials
B) the judge plays a relatively minor role
C) the trial is of minor importance
D) the truth is not as important as the skill of the attorneys
E) the attorneys play relatively minor roles

Question 10

Which of the following is NOT a substantive law?

A) a mandatory seatbelt law
B) the right to appeal a criminal conviction
C) the Clean Air Act
D) the National Health Care Act
E) a law regulating campaign finance

Question 11

The legal system of the United States is ______.

A) a pure common-law tradition
B) largely a common-law tradition with elements of the civil-law tradition
C) an equity-based tradition
D) largely a civil-law tradition with elements of the common-law tradition
E) a pure civil-law tradition

Question 12

Criminal law deals with harm to ______,whereas civil law involves harm to ______.

A) individuals; society
B) individuals; groups
C) society; individuals
D) society; government
E) groups; individuals

Question 13

Laws that regulate relations between individuals are called ______.

A) criminal laws
B) civil laws
C) administrative laws
D) regulatory laws
E) constitutional laws

Question 14

The reason the burden of proof in a criminal trial is greater than the burden of proof in a civil trial is ______.

A) criminal trials are more expensive than civil trials
B) civil trials are more expensive than criminal trials
C) civil trials take longer than criminal trials
D) the government is perceived as a greater threat to our liberties than are fellow citizens
E) lawsuits are perceived as a greater threat to our liberty than is the government

Question 15

Which of the following is NOT a characteristic of the American legal system?

A) It is litigious.
B) It relies on stare decisis.
C) It is adversarial.
D) It is based on a common-law tradition.
E) It focuses on procedural due process more than on substantive outcomes.

Question 16

The American legal tradition can best be described as ______.

A) a strictly common-law tradition
B) a mixed system based on common-law practice but with a body of written, codified laws
C) a strictly civil-law tradition
D) a mixed system based on a civil-law tradition but with a tendency to rely on precedent
E) a system that is moving rapidly from a common-law tradition to a civil-law tradition

Question 17

In an adversarial system,the winning side is likely to be ______.

A) the one with the truth on its side
B) the one with the more skilled attorney
C) the one that can gain the sympathy of the judge
D) the defendant
E) the respondent

Question 18

Laws whose actual content defines what we can and cannot legally do are ______ laws.

A) civil
B) criminal
C) substantive
D) procedural
E) common

Question 19

All of the following statements are true concerning the common-law tradition EXCEPT this one:

A) The role of judges in the common-law tradition is to determine and apply the law as an impartial referee
B) It gives more power to judges to determine the law than does a civil-law tradition.
C) The common-law tradition depends on the rule of stare decisis.
D) The legal system in the United States is a pure common-law system
E) The common-law tradition originated in Great Britain.

Question 20

A law that makes it illegal to use steroids is an example of a ______ law.

A) substantive
B) procedural
C) constitutional
D) civil
E) administrative

Question 21

All of the following statements concerning the power of judicial review are true EXCEPT this one:

A) It was claimed for the Supreme Court in the case of Marbury v. Madison.
B) The Supreme Court has used the power very infrequently against acts of Congress.
C) It is not mentioned in the Constitution.
D) It includes the powers to declare acts of government unconstitutional and to interpret the meaning of all federal and state laws.
E) It was used only once before 1857.

Question 22

The only limitation on what statutes may do in the American system is found in ______.

A) the Declaration of Independence
B) the Constitution
C) precedent
D) civil law
E) common law

Question 23

Marshall justified the claim that the Court has the power of judicial review on the grounds that ______.

A) the founders explicitly gave the power to the Supreme Court
B) British tradition gave this power to the Court
C) as a practical matter, the power had to rest somewhere
D) the executive branch demanded it
E) it is within the province of the courts to say what the law is

Question 24

The system of district courts,appeals courts,and the Supreme Court set up by the founders ______.

A) was not first established as a fully developed system
B) borrowed heavily from the British system
C) established the new concept of judicial review
D) was spelled out in Article I of the United States Constitution

Question 25

The Supreme Court has used its power of judicial review ______.

A) against acts of Congress only about ten times
B) frequently against both state legislation and acts of Congress
C) much more frequently against acts of Congress than against acts of state legislatures
D) much more frequently early in American history than in recent generations
E) sparingly

Question 26

Which of the following is NOT a statutory law?

A) the Fourteenth Amendment to the U.S. Constitution
B) the 1964 Civil Rights Act
C) the Patriot Act
D) the Alien and Sedition Acts
E) the No Child Left Behind Act of 2001

Question 27

Which of the following types of law always apply only to the executive branch of the federal government?

A) an executive order
B) an administrative law
C) a constitutional amendment
D) an act of Congress
E) a tort

Question 28

All of the following statements concerning the U.S.court system are true EXCEPT this one:

A) Most states have the same three tiers of courts that the federal system has.
B) Juries in appeals courts typically consist of six citizens.
C) The federal courts that have original jurisdiction in most cases are the district courts.
D) Most cases end at the trial level without an appeal.
E) Appeals courts at both levels examine questions of law, not questions of fact.

Question 29

The power of the courts to determine the constitutionality of laws is called judicial ______.

A) review
B) mandate
C) supremacy
D) authority
E) invalidation

Question 30

The powers of the Supreme Court listed in the Constitution ______.

A) are the same as those of British courts under common law
B) need to be reviewed every ten years by Congress
C) enable the Court only to hear cases arising under the U.S. Constitution
D) are not clearly spelled out
E) do not enable the Court to overrule decisions made by lower courts

Question 31

Which of the following statements is true about the dual court system?

A) All federal judges are appointed, and all state judges are elected.
B) Most cases are heard in the state courts.
C) The state supreme courts have final say when a case includes a federal question.
D) Cases often begin in the federal system but are sent to the state courts on appeal.
E) In most states, the supreme court is the only court with appellate jurisdiction.

Question 32

The characteristics that help determine which court has jurisdiction over a case include all of the following EXCEPT this one:

A) the involvement of federal statutes, treaties, or the Constitution
B) the expressed wishes of the president
C) the parties to the case
D) where the case arose
E) the nature of the offense involved

Question 33

The idea of an independent judiciary as created by the founders was ______.

A) adopted from the British model
B) adopted from the French model
C) unique at the time of our country's founding
D) less independent than later amendments would make it
E) adopted from the Roman model

Question 34

Laws or regulations established by bureaucratic agencies on behalf of Congress are known as ______ laws or regulations.

A) administrative
B) criminal
C) regulatory
D) statutory
E) civil

Question 35

A U.S.Department of Agriculture law on how much coloring or other additives can be in food is an example of a(n)______ law or regulation.

A) regulatory
B) statutory
C) administrative
D) constitutional
E) adaptive

Question 36

Which of the following is NOT an example of administrative law?

A) Congress passes a law limiting awards in medical malpractice cases
B) the FAA requires passengers on planes to show two forms of photo identification
C) the FCC requires that television programs that air before 9 p.m. cannot contain references to sex
D) the IRS eliminates tax deductions for charitable contributions
E) the EPA enacts stricter regulations on automobile emissions

Question 37

All of the following statements concerning appeals of lower court decisions are true EXCEPT this one:

A) The Supreme Court overturns the lower court's ruling in about 70 percent of the cases it hears.
B) The Supreme Court has discretion as to whether to accept an appeal.
C) Refusal to hear an appeal by the Supreme Court may mean it agrees with the lower court.
D) Refusal to hear an appeal by the Supreme Court may mean it considers the case to be frivolous.
E) Most cases in the federal courts are appealed.

Question 38

Which of the following statements concerning jurisdiction is false?

A) Original jurisdiction refers to the authority of a court to try a case first.
B) About half the cases in the United States are heard by federal courts.
C) Appellate jurisdiction refers to those cases a court hears on appeal.
D) Almost all the cases heard by the Supreme Court come to it on appeal.
E) The vast majority of losers in federal court cases accept the verdict without appeal.

Question 39

The U.S.Courts of Appeals are arranged ______.

A) in the major cities of the United States (New York, Philadelphia, Atlanta, Dallas, Chicago, Phoenix, and Los Angeles)
B) in four circuits, with one each in the north, south, east, and west
C) in fifty courts, with one in each state
D) in twelve circuits covering the District of Columbia and geographic groupings of states
E) entirely within Washington, D.C.

Question 40

Opponents of judicial elections believe that elections sacrifice judicial ______.

A) interpretivism
B) independence
C) accountability
D) equity
E) restraint

Question 41

The Constitution says ______.

A) that federal judges shall be attorneys
B) that federal judges shall be at least thirty years old
C) nothing about the qualifications of federal judges
D) that federal judges shall be natural-born citizens of the United States
E) that federal judges shall have judicial experience

Question 42

Decisions of the U.S.Circuit Courts are made by ______.

A) panels composed of four circuit judges and one Supreme Court justice
B) a single judge
C) rotating panels of three judges
D) a panel of nine judges, just like on the Supreme Court
E) federal grand juries

Question 43

The Civil Rights Act of 1964 serves which function of the law?

A) providing a neutral third party for conflict resolution
B) reflecting and enforcing conformity to society's values
C) distributing the benefits and rewards society has to offer
D) providing predictability
E) providing security

Question 44

According to the text,which of the following is NOT a criterion used by presidents in choosing Supreme Court nominees?

A) the candidate's political ideology
B) the candidate's qualifications
C) endorsements received by national news media
D) rewards due to a friend or political ally
E) representation of groups the president believes should be included in the political process

Question 45

The Supreme Court is deeply involved in politics in each of the following ways EXCEPT this one:

A) how its members are chosen
B) by contributing to the campaigns of congressional allies
C) how members choose which cases to hear
D) how members make decisions
E) through the effects of its decisions

Question 46

Amicus curiae briefs are significant because ______.

A) interest groups aren't allowed to file them, which, in turn, limits their influence
B) they may influence whether the Supreme Court decides to hear a case
C) public interest groups file them more often than do economic interest groups, giving the former an advantage before the Court
D) only the government may file them, giving added weight to the government's positions
E) the Supreme Court uses them to "call up" a case

Question 47

The opinion of the Supreme Court in a case is ______.

A) the least important element of the Court's decision
B) the most important element of the Court's decision
C) important because it tells us which side won the case
D) unimportant because the vote has already told us who won the case
E) usually unimportant, but in some instances, it takes on importance

Question 48

Strict constructionists argue that there is no such thing as a ______.

A) constitutionally protected right to free speech
B) constitutional basis for executive privilege
C) power of judicial review
D) constitutionally protected right to privacy
E) constitutionally protected individual right to bear arms

Question 49

Laws whose actual content defines what we can and cannot legally do are ______ laws.

A) substantive
B) pro bono
C) discriminatory
D) truly just

Question 50

According to some political observers,the different reaction of many blacks versus most whites to the shooting of Michael Brown in Ferguson,Missouri,can be linked to the fact that ______.

A) whites are often treated with suspicion without any real cause
B) blacks and whites experience the criminal justice system in the same ways
C) blacks tend to perceive the police as persecutors rather than protectors
D) Stop-and-Frisk policies affect mostly white men
E) whites are more likely to receive harsher sentences than blacks

Question 51

Which of the following statements concerning presidential appointment of judges is NOT true?

A) Presidents have always worked to shape the ideological leanings of the Supreme Court.
B) The respect given to senatorial courtesy by Republican senators seems to depend on the party of the president.
C) Senatorial courtesy applies to district court judges.
D) Presidents Jimmy Carter and Bill Clinton tended to appoint ideological moderates to the federal courts.
E) Republicans have blocked court appointments by President Barack Obama to gain leverage on other issues.

Question 52

The two main approaches to interpreting the Constitution are ______.

A) judicial interpretivism and stare decisis
B) judicial interpretivism and strict constructionism
C) judicial activism and strict constructionism
D) judicial interpretivism and judicial restraint
E) judicial activism and judicial restraint

Question 53

A writ of certiorari is ______.

A) a brief filed by interested parties to encourage the court to make a certain decision
B) a petition by the losing side in a lower court for the Supreme Court to hear an appeal
C) an order that a defendant be brought into court to hear the charges against him or her
D) an order by the Supreme Court to a lower court to rehear a case
E) a ruling in a criminal appeal that overturns a conviction

Question 54

Senatorial courtesy refers to the ______.

A) practice of allowing presidential appointees to serve up to one year without Senate approval
B) tradition of granting senators considerable power over federal judicial appointments in their home states
C) common-law practice of senators not asking questions of presidential appointees to the federal courts but approving them on the basis of their records
D) tradition of opposing no more than two appointments per term
E) willingness to allow presidents to make all judicial appointments from within their political parties

Question 55

One reason dissenting opinions are significant to U.S.common law is that ______.

A) justices rarely want to write them, indicating that a justice might not vote the way he or she believes in order to fall in the majority
B) they are usually written by the chief justice
C) they usually represent the opinions of the majority of the public, indicating that the Court regularly ignores public opinion when making its rulings
D) they may have a lasting impact if the Court later changes its mind
E) they provide different reasons why a justice supported the majority ruling than was written in the opinion

Question 56

The rule of four is significant to the balance of power among Supreme Court justices because it ______.

A) is the rule used to determine whether a case will make the discuss list
B) gives some power to the minority on the Court
C) means that many of the cases on appeal to the Court are heard
D) means that less than a majority of the justices' votes are needed for a party before the Court to be victorious
E) shows that justices rarely agree on which cases should be heard

Question 57

The first Hispanic justice of the Supreme Court was appointed by President ______.

A) Barack Obama
B) George H. W. Bush
C) George W. Bush
D) Bill Clinton
E) Ronald Reagan

Question 58

Which of the following statements concerning Senate confirmation of presidential Supreme Court nominees is NOT true?

A) If the minority party is not the party of the president, it has little power to influence the success of nominations.
B) The largest role in the process is played by the Judiciary Committee.
C) If the majority party is not the party of the president, the nomination can turn into an intense battle.
D) The nomination process has become much more contentious since ideology has come to play an important role in choosing nominees.
E) Interest groups can heighten the conflict over a nomination.

Question 59

Which of the following is NOT an influence on Supreme Court decision-making?

A) direct lobbying by interest group representatives
B) public opinion
C) the justices' view of the Constitution and how literally it should be taken
D) the executive branch
E) their relationships with each other

Question 60

Judicial activism has become an important political issue because ______.

A) it shows that judges are influenced by public opinion
B) when judges engage in judicial activism, it is an indication that they are above politics
C) conservatives have argued that judges are acting as legislators on issues such as same-sex marriage
D) only liberals have engaged in judicial activism
E) when judges engage in judicial activism, the rights of the minority are rarely protected

Question 61

Criminal law deals with harm to society,whereas civil law involves harm to ______.

A) corporations
B) states and/or nations
C) administrative bodies
D) individuals

Question 62

A violation of civil law is called a ______.

A) probate offense
B) contract violation
C) dereliction
D) tort

Question 63

In a judicial system,the winning side is likely to be the one with the most skilled attorney.

Question 64

Laws or regulations established by bureaucratic agencies on behalf of Congress are known as ______ laws or regulations.

Question 65

The only limitation on what statutes may do in the American system is found in the ______.

Question 66

In an inquisitorial system,the attorneys play relatively minor roles.

Question 67

The judicial approach holding that the Constitution should be read literally,with the framers' intentions uppermost in mind,is known as ______.

Question 68

A legal system in which trial procedures are designed to determine the truth through the intervention of an active judge is a parliamentary system.

Question 69

How does the role of a judge in the common-law tradition compare with the role of a judge in a civil-law tradition?

Question 70

A U.S.Department of Agriculture law on how much coloring or other additives can be in food is an example of a(n)______ law or regulation.

Question 71

The Justice Department officer who argues cases before the Supreme Court is the ______.

Question 72

A law that makes it illegal to use steroids is an example of a ______ law.

A) substantive
B) procedural
C) due process
D) civil

Question 73

What is the role of law in democratic political systems? Explain the features of the American legal tradition and how this tradition differs from the legal traditions of other countries.

Question 74

______ argue that there is no such thing as a constitutionally protected right to privacy.

Question 75

A ______ is a formal request by the losing party to appeal a lower court case to the U.S.Supreme Court.

Question 76

Two of the functions of law are providing security and enforcing conformity to society's values.

Question 77

Laws that regulate relations between individuals are called ______.

A) contract obligations
B) civil laws
C) resolutions
D) deeds

Question 78

____________ holds that the Constitution is a living document that the founders could not possibly have anticipated all possible future circumstances,and that justices should interpret the Constitution in light of social changes.

Question 79

The power of the courts to determine the constitutionality of laws is called judicial _______.

Question 80

______ refers to the tradition of granting senators considerable power over federal judicial appointments in their home states.