Deck 2: An Overview of the Us Legal System

Question 1

A case with the caption United States v. Smith is most likely a:

A) federal criminal case.
B) civil case.
C) class action suit.
D) state appeal.

Answer 1

A

Question 2

Since the ratification of the Bill of Rights, how many amendments have been successfully ratified?

A) 53
B) 115
C) 700
D) 17

Answer 2

D

Question 3

The basic purpose of the American legal system is to:

A) remove power from the government.
B) develop a living law.
C) ensure fairness in balancing individual and societal rights and needs.
D) create a system that, while not perfect, is the best in the world.

Answer 3

C

Question 4

The two main functions of the courts are:

A) to determine guilt or innocence and to interpret laws.
B) to settle controversies and to review cases for legal improprieties.
C) to settle controversies and to decide the rules of law that apply in the case.
D) to determine guilt or innocence and to apply appropriate sanctions.

Question 5

The number of U.S. Courts of Appeals in the federal court system is:

A) 4.
B) 13.
C) 52.
D) 94.

Question 6

In a civil case, the party bringing suit is represented by:

A) the prosecutor.
B) the plaintiff's lawyer.
C) the defense attorney.
D) the public defender's office.

Question 7

Which model maintains that, despite factual guilt, a person cannot be held legally guilty of a crime unless the rules of criminal procedure are followed?

A) the crime control model
B) the due process model
C) the constitutional model
D) the common law model

Question 8

The vast majority of cases heard in U.S. District Courts are:

A) criminal cases.
B) civil cases.
C) drug cases.
D) homeland security cases.

Question 9

The concept that courts will continue to rely on prior cases to ensure consistency in the law is called:

A) original jurisprudence.
B) lex talionis.
C) stare decisis.
D) venue.

Question 10

Marx regarded punishment as a way to:

A) provide social solidarity.
B) control the lower class.
C) limit the power and influence of the upper class.
D) exact revenge.

Question 11

Statutory law can also be referred to as:

A) case law.
B) codified law.
C) common law.
D) canonized law.

Question 12

The philosophy that is based on free, independent individuals agreeing to form a society and to give up a portion of their individual freedom to benefit the security of the group is generally known as:

A) a social contract.
B) communal well-being.
C) the federalist philosophy.
D) natural law.

Question 13

The circumstances in which the police can stop people is governed by which type of law?

A) procedural
B) bureaucratic
C) fundamental
D) substantive

Question 14

The standard of proof required in a civil case is:

A) more stringent than that required in a criminal case.
B) the same as that required in a criminal case.
C) a preponderance of the evidence.
D) proof beyond a reasonable doubt.

Question 15

Which pivotal court case granted the Supreme Court authority to review legislation to determine whether it is constitutional?

A) Miranda v. Arizona
B) Marbury v. Madison
C) Roe v. Wade
D) Minnesota v. Carter

Question 16

If the court decides to remand a case, in essence it has:

A) overturned the decision.
B) supported the decision.
C) returned the case to a lower court.
D) thrown the case out.

Question 17

The place where a specific case may come to trial and the area from which the jury is selected is known as:

A) voir dire.
B) the jurisdiction.
C) the district.
D) the venue.

Question 18

Common law:

A) applied to the common people, not to those in the upper echelon of society.
B) was set forth in well-documented codes.
C) was established by early English and Roman rulers.
D) was based on customs and traditions followed throughout England.

Question 19

Which of the following is not one of the three levels in both state and federal courts?

A) trial courts
B) appellate courts
C) petition courts
D) courts of last resort

Question 20

For an amendment to the U.S. Constitution to be ratified, the percentage of state legislatures or special conventions that must agree is:

A) one-fourth.
B) one-half.
C) two-thirds.
D) three-fourths.

Question 21

To bring a case or to argue a legal issue in court, a person must have an actual interest in the matter of dispute, which is called:

A) standing.
B) ripeness.
C) mootness.
D) jurisdiction.

Question 22

The doctrine of stare decisis firmly prevents the law from changing or reconsidering itself in matters in which undesirable law results.

Question 23

Who is not considered an officer of the court?

A) sheriff
B) judge
C) lawyer
D) plaintiff

Question 24

Clerks of court are responsible for keeping the courtroom proceedings orderly and dignified.

Question 25

Each state has its own federal circuit court of appeals.

Question 26

Regardless of the level of jurisdiction, a statutory law may not violate the Constitution.

Question 27

Judges are now elected in all 50 states.

Question 28

The U.S. Supreme Court's chief function is as an appellate court.

Question 29

Definition and Development of the Law

Question 30

The juvenile justice system comprises which of the following components?

A) intervention, courts, and rehabilitation
B) law enforcement, courts, and corrections
C) intervention, adjudication, and punishment
D) law enforcement, counseling, and rehabilitation

Question 31

An act must be distinguished as either a crime or a tort; it cannot be both.

Question 32

Often referred to as a court of appeals, what is the highest court on the state level?

A) state supreme court
B) district court
C) intermediate appellate court
D) state superior court

Question 33

Those who are not party to a legal action, but who still have an interest in the case, may:

A) subpoena the judge to have their testimony heard.
B) file a writ of certiorari with the court and enter themselves as "hostile" witnesses.
C) submit an amicus brief arguing their perspectives, although such briefs are considered only at the pleasure of the court.
D) not do anything--only those who are directly party to the legal action may address the court.

Question 34

The Durkheimian perspective saw punishment as revenge and as a means to restore and solidify the social order.

Question 35

A geographic area in which a case may be heard is known as:

A) a venue.
B) a concurrent jurisdiction.
C) an original jurisdiction.
D) a holding

Question 36

A paradigm is a boundary or parameter that outlines a rule and is based on experience.

Question 37

A court that is authorized to hear cases first, try them, and render decisions is known as a court of:

A) primary jurisdiction.
B) original jurisdiction.
C) appellate jurisdiction.
D) exclusive jurisdiction.

Question 38

Which of the following is not true of the adversarial judicial system?

A) Only actual conflicts will be heard by a court.
B) "What if" questions will not be heard.
C) Sides are drawn-accuser vs. accused-with one side challenged by the other.
D) The accused has the burden of proof.

Question 39

When a court decision would have no practical effect, a case is apt to be dismissed for:

A) standing.
B) ripeness.
C) mootness.
D) jurisdiction.

Question 40

Conduct prohibited by law simply because the person engaging in the behavior is a minor is considered:

A) a delinquent act.
B) a status offense.
C) an infraction.
D) a youthful offense.

Question 41

To claim Fourth Amendment protection, a defendant must demonstrate a personal expectation of privacy in the place searched and that this expectation is reasonable.

Question 42

To______________________________means to make law through a legal process.

Question 43

As a term in American law, common law is synonymous with______________________________ law.

Question 44

__________ are statements by a court that do not deal with the main issue in the case, or are additional discussions by the court.

Question 45

Statutory law can also be referred to as ____________ because it is set forth in organized, structured codes (such as the U.S. Criminal Code or the criminal code of a specific state).

Question 46

In the landmark case of Roper v. Simmons (2005), the execution of minors was held to violate the Eighth Amendment prohibition against cruel and unusual punishment.

Question 47

Since the Bill of Rights was ratified in 1791, only seventeen amendments have been ratified, including the _____________ Amendment, which ensured the right to vote regardless of race.

Question 48

To bring a case or to argue a legal issue in court, one must have standing (an actual interest in the matter of dispute).

Question 49

After a person is charged with an offense-civil or criminal-sides are drawn, with the accusing side having the burden of proof to establish guilt.

Question 50

describes the authority of a court to review cases, and to either affirm or reverse the actions of a lower court.

Question 51

People who are not a party to the action may still have an interest, and they are permitted to submit amicus briefs arguing their perspectives.

Question 52

Courts with general jurisdiction may hear a wide range of cases, whereas those of______________________________  jurisdiction hear a much narrower range of cases.

Question 53

Wrongs that disrupt the status quo of the community are called crimes, and criminal laws are found in each state's _______________.

Question 54

Courts that may hear a wide range of cases have ____________ jurisdiction.

Question 55

Local jurisdictions, such as at the county or municipal level, may enact their own specific codes, often referred to as_______________ .

Question 56

In regard to court terminology: adults are directed to appear in court by a petition, while juveniles are directed to appear in court by an information or indictment.

Question 57

describes the authority of a court to hear cases first, try them, and render decisions.

Question 58

Over-representation of racial and ethnic minorities in arrest, prosecution, imprisonment, and capital punishment, as both the product of inequality and an expression of prejudice against minorities, may be explained by ______ theory.

Question 59

Stare decisis is a common law doctrine requiring that_______________ set in one case shall be followed in all cases having the same or similar circumstances.

Question 60

Early English judge-made law, based on customs and traditions that followed throughout the country, is known as ____________.

Question 61

The basic purpose of the United States legal system is to ensure fairness in balancing individual and societal needs, while at the same time preventing excessive government power. Some people think balancing these interests has become too complicated and justice has been compromised. What do you think? Please explain your view, giving at least two examples that support it.

Question 62

Explain the difference between a crime and a tort.

Question 63

The comparing and contrasting of laws to expand understanding of law and legal theory is known as ___________ law.

Question 64

There are two schools of thought regarding the purpose of the criminal justice system-one advocating the crime control model and the other advocating the due process model. How do they differ? Which one do you prefer? Justify your opinions.

Question 65

Discuss in detail the similarities and differences between the consensus theory and the conflict theory.

Question 66

Compare and contrast substantive law and procedural law. In your explanation, please provide examples of each.

Question 67

More than 100 years ago, a separate juvenile justice system was created in the United States through the passage of the _______________ of 1899.

Question 68

In our American adversarial judicial system, attorneys represent both the suspect and the people. Frequently, defense attorneys are asked, "How can you defend someone accused of such a horrible crime?" Assume that you are a defense attorney and you need to answer this question. How would you respond?

Question 69

The______________________________ doctrine prevents the court from getting prematurely involved in a case that may eventually be resolved through other means.

Question 70

Contrast the criminal and juvenile justice systems.

Question 71

Discuss how laws evolve in the adversarial process of the United States.

Question 72

The legal system established in the United States is termed a(n) _______ judicial system, because only in an actual conflict will a judicial body hear the case.

Question 73

The court of last resort in most federal cases is the______________________________.

Question 74

The adult criminal justice system emphasizes punishment, while the juvenile justice system emphasizes rehabilitation of the offender. Do you think the rehabilitative emphasis of the juvenile justice system is still valid today? Explain your answer.

Question 75

Compare and contrast the Due Process Model and the Crime Control Model of the criminal justice system.