Deck 6: The Judiciary in Latin America: Separate but Unequal

Question 1

The common law tradition traces its roots to which country?

A)the United States
B)the Roman Empire
C)Great Britain
D)France

Answer 1

Great Britain

Question 2

Common law presumes that the legal order emerges over time through the interplay of:

A)the legislature and the courts
B)the national courts and local courts
C)the executive and the legislature
D)the executive and the courts

Answer 2

the legislature and the courts

Question 3

Which of the following is most important to common law in deciding questions of law?

A)legislative statutes
B)opinion polls
C)precedents
D)partisanship

Answer 3

precedents

Question 4

Judicial review originated in which country?

A)France
B)Great Britain
C)Mexico
D)the United States

Question 5

A civil law case deals with litigation between:

A)a citizen and the state
B)one citizen and another citizen
C)different branches of government
D)one state and another state

Question 6

A criminal law case deals with litigation between:

A)a citizen and the state
B)one citizen and another citizen
C)different branches of government
D)one state and another state

Question 7

A constitutional law case deals with litigation between:

A)a citizen and the state
B)one citizen and another citizen
C)different branches of government
D)one state and another state

Question 8

Common law can be closely tied to which area of political thought?

A)Marxism
B)Conservatism
C)Constructivism
D)Liberalism

Question 9

Code law views judges as:

A)administrators
B)mediators between the state and its citizens
C)lawmakers
D)accountants

Question 10

What is the purpose of the amparo?

A)It allows citizens to recall politicians.
B)It allows judges to ensure that the government does not violate constitutional rights.
C)It allows citizens to appeal court decisions.
D)It allows judges to incarcerate politicians.

Question 11

Which of the following is NOT a characteristic of the U.S. model of constitutional review?

A)Diffuse review authority.
B)Adjudication is concrete.
C)A judicial decision can be made a priori.
D)Decisions may have erga omnes effects.

Question 12

What does it mean when a case has erga omnes effects?

A)The case has implications for constitutional law.
B)The government is the defendant in the case.
C)The case has implications for international law.
D)The case can be applied to future cases.

Question 13

The rule of law is primarily meant to protect and promote which political value?

A)efficiency
B)stability
C)redistribution
D)equality

Question 14

Which of the following is the principle indicator of judicial power?

A)the lifetime appointment of judges
B)judicial review
C)the existence of a constitutional tribunal
D)the ability to make decisions with inter partes effects

Question 15

Which of the following best describes judicial approaches in Latin America following the most recent reforms?

A)Latin America has code law systems.
B)Latin America has code law systems that are incorporating common law practices.
C)Latin America has common law systems.
D)Latin American has common law systems that are incorporating code law practices.

Question 16

The rule of law in Latin America has grown as prosecutors' offices have been moved away from which office?

A)the executive
B)the judiciary
C)the legislature
D)the state governors

Question 17

What is the primary responsibility of a magistrate council?

A)hearing appeals
B)the placement and evaluation of judges
C)impeachment powers over the executive
D)lawmaking on matters related to judicial affairs

Question 18

Which of the following increases the independence of the judicial branch?

A)the placement of a prosecutor's office in the executive branch
B)the creation of a constitutional tribunal
C)the creation of a magistrate's council
D)allowing for the election of judges

Question 19

In Colombia, the Casas de Justicia have improved which aspect of the judiciary?

A)power
B)independence
C)efficiency
D)access

Question 20

The "judicialization of politics" refers to:

A)an increase in the use of the courts to resolve differences
B)the use of elections to select judges
C)the growing number of judges that run for legislative offices
D)the encroachment of the legislative and executive branches on the judiciary

Question 21

Under what conditions are politicians most likely to hand power over to the judicial branch?

A)under threat of foreign invasion
B)during an economic crisis
C)when a politician fears defeat in upcoming elections
D)during times of massive social protest

Question 22

Which of the following has allowed courts in Europe to exert influence in Latin America?

A)universal jurisdiction
B)jurisprudencia
C)habeas corpus
D)amparo

Question 23

In Mexico, jurisprudencia is most similar to which feature of common law?

A)universal jurisdiction
B)stare decisis
C)alternative dispute resolution
D)habeas corpus

Question 24

Which judicial reform of the 1990s increased judicial independence in Mexico?

A)the creation of amparo power
B)the use of lifetime tenures for supreme court judges
C)the creation of a constitutional tribunal
D)the "constitutional controversy" and "action of unconstitutionality" forms of judicial review

Question 25

Mexican citizens can initiate which of the following forms of judicial actions?

A)jurisprudencia
B)amparo
C)constitutional controversy
D)action of unconstitutionality

Question 26

The power of judicial review is not found in traditional code law systems.

Question 27

Code law views the legislature, rather than the judiciary, as having the final authority on questions of law.

Question 28

Diffuse constitutional review means that any court in the branch can exert judicial review power.

Question 29

The traditional power of amparo holds inter partes effects.

Question 30

The use of a constitutional tribunal represents a compromise between the extensive judicial power granted in common law, and the more restrained judicial power under code law.

Question 31

In Latin America, the supreme court acts as the final court of appeal for all court cases.

Question 32

Compared to other Latin American countries, Argentina practices judicial review similar to the way it is practiced in the United States.

Question 33

In Latin America, all supreme courts exert final constitutional review authority.

Question 34

Most supreme courts in Latin America divide into chambers that individually address different areas of law.

Question 35

Judicial reform in Latin America has focused primarily on access and efficiency, but has seen less movement in the areas of power and independence.

Question 36

Latin American citizens can initiate cases against their governments through the Inter-American Court of Human Rights.

Question 37

Indigenous justice is fully compatible with the basic civil liberties embraced by traditional liberal thought.

Question 38

Vigilantism represents one indicator of the decline in the rule of law.

Question 39

In Mexico, judicial reform has been slowed by the desire to "get tough on crime."

Question 40

In Mexico, the judicial branch did not exert its power or independence until after the PRI handed over power in 2000.

Question 41

Is code law or common law more suitable for a recently democratized country? Why or why not?

Question 42

How does the use of code law or common law affect the balance of power in a presidential system?

Question 43

Explain why court systems in Latin America are best described as "mixed."

Question 44

Define the judicialization of politics. What impediments does it face in contemporary Latin America?

Question 45

How has the drug war created problems for the growth of the rule of law in Latin America?