Deck 3: The Organization of Law

Question 1

The most important function of the court is _____________.

A) judicial review
B) to process disputes
C) deterrence
D) to punish

Answer 1

B

Question 2

In the United States, courts are _____________.

A) passive
B) able to acquire their own cases
C) all organized in the same manner
D) none of these

Answer 2

A

Question 3

The process by which a judge renders an official judgment as to the defendant's guilt or innocence is _____________.

A) judicial review
B) stare decisis
C) adjudication
D) mediation

Answer 3

C

Question 4

Which of the following is not a category of dispute in courts?

A) private
B) passive
C) public-initiated
D) public defendant

Question 5

Private disputes _____________.

A) are characterized by the absence of public authorities
B) arise in the course of normal social life
C) at times requires legal intervention
D) all of the above

Question 6

Which of the following is not a type of public-initiated dispute?

A) a criminal case
B) a civil traffic offense
C) a breach of contract lawsuit
D) a tax case

Question 7

In a public defendant dispute, the government is _____________.

A) the defendant
B) the plaintiff
C) the mediator
D) uninvolved

Question 8

The American court system is characterized by _____________.

A) a tri-level system of hierarchies
B) separation of power
C) a centralized structure
D) dual hierarchies

Question 9

Which of the following is not a characteristic of most state court systems?

A) intermediate courts of appeal
B) claims courts
C) trial courts
D) courts of last resort

Question 10

Most of the workload of the federal court system is in the _____________.

A) court of appeals
B) Supreme Court
C) district courts
D) administrative courts

Question 11

There are ____ federal court circuits in the United States.

A) 64
B) 12
C) 94
D) 13

Question 12

Most court cases begin and end in _____________.

A) trial court
B) civil court
C) appellate court
D) intermediate courts

Question 13

Which of the following is not a distinct group of participants in the United States courts?

A) litigants
B) juries
C) defendants
D) judges

Question 14

The judge is responsible for all of the following except _____________.

A) administration of the court
B) deciding what issues on which to make decisions
C) interpreting rules
D) maintaining the court's reputation for honesty

Question 15

Federal court judges hold office for _____________.

A) 10 years
B) 8 years
C) a term as long as the president that appointed the judge
D) life

Question 16

The roots of the American jury system are in _____________.

A) the Russian method
B) British settlers
C) France
D) the Roman system

Question 17

Which of the following is not a method by which criminal and civil disputes were resolved before the twelfth century?

A) ordeal by morsel
B) ordeal by fire
C) ordeal by water
D) ordeal by burial

Question 18

Which of the following is not a step in the scientific jury selection process?

A) insuring the age and race of the defendant is matched
B) random sampling
C) establishing psychological profiles
D) recommendation for selection

Question 19

What is a shadow jury?

A) an unseen jury
B) a simulated jury
C) a backup jury
D) a jury chosen solely by the defendant's attorneys.

Question 20

Which of the following is not a step involved in the selection of jurors?

A) creating a master list of prospective jurors
B) summoning citizens to the court to create a jury panel
C) demographic profiling
D) selection of persons to serve on juries from a jury panel

Question 21

According to the text, approximately what percent of persons summoned do not show for jury duty?

A) 25%
B) 68%
C) 12%
D) 55%

Question 22

The flow of litigation for a criminal case begins with which of the following?

A) bail hearing
B) arraignment
C) arrest
D) trial

Question 23

On average, what percentage of arraigned cases go to trial?

A) 10%
B) 12%
C) 8%
D) 28%

Question 24

Which of the following is not one of the four basic types of police identification practices?

A) showup
B) fingerprint
C) lineup
D) photographic

Question 25

Problems with eyewitness identification include _____________.

A) difficulty in judging time
B) memory decay
C) influence of memory
D) all of the above

Question 26

The majority of criminal cases in the United States _____________.

A) go to trial
B) are settled with plea bargaining
C) involve only eyewitness testimony
D) involve a plea of "not guilty"

Question 27

In felony convictions, what percentage of defendants pleads guilty?

A) 50%
B) 12%
C) 88%
D) 91%

Question 28

The final step in most criminal proceedings is _____________.

A) sentencing
B) the trial
C) determination of guilt
D) the judgment of the jury

Question 29

Structure for prison sentences includes _____________.

A) maximum and minimum terms of imprisonment
B) maximum terms fixed by statute
C) minimum sentence fixed by statute
D) all of the above

Question 30

In civil cases, a dispute reaches the court when _____________.

A) a defendant is arrested
B) it is filed by the plaintiff's attorney
C) it is filed by the defendant's attorney
D) the judge puts it on the docket

Question 31

This is defined as a collection of individuals who are elected as members of the formal parliamentary bodies prescribed by national and state constitutions:

A) the judiciary
B) Congress
C) a legislature
D) court

Question 32

Which of the following is not a function of the legislature?

A) lawmaking
B) conflict management
C) administrative rulemaking
D) integrative functions

Question 33

Which congressional body's members are apportioned among the states on the basis of population?

A) the House of Representatives
B) the Senate
C) the legislature
D) Congress

Question 34

_______ of U.S. senators are up for election every two years.

A) 1/5
B) 2/3
C) 1/3
D) 100

Question 35

Which of the following is not a participant in the legislative process?

A) legislators
B) executives
C) lobbyists
D) judges

Question 36

Courts are able to place issues on their own agendas.

Question 37

Courts are indifferent to issues or disputes that individuals or organizations wish to ignore.

Question 38

A court decision is always the last word in a dispute.

Question 39

The American court system is centralized around the Supreme Court.

Question 40

No two states have the same court system.

Question 41

In a criminal case, the prosecution usually files an appeal on acquittal.

Question 42

Juries are used exclusively in trial courts.

Question 43

The flow of litigation for criminal and civil cases is identical.

Question 44

Eyewitness identification is among the most accurate of the identification types.

Question 45

The three-strikes law has failed to combat crime and recidivism.

Question 46

Describe the different dispute categories in American courts. Give examples of each category.

Question 47

How is the American federal court system organized? Describe each type of court and its role in the court system. Create a flowchart if necessary.

Question 48

Identify the participants in the court process and describe the role of each. Use at least two examples for each participant.

Question 49

Compare and contrast the flow of litigation in criminal cases and civil proceedings. Include a discussion of the introduction of each type of case in the process, the participants, and the role of the court in each.

Question 50

Describe in detail each of the participants in the legislative process. Include a discussion of how they relate to each other and how each affects the lawmaking process.