Deck 5: The Reality of Legal Action: Principles, Organizations, and Public Pressure

Question 1

This refers to what a person or organization must have in order to survive and flourish within a system.

A) systemic imperatives
B) legal logic
C) legal imperatives
D) negotiated order

Answer 1

A

Question 2

These are imperatives set on the workers not by a single boss but by the legal system itself.

A) sociological variables
B) legal logic
C) systemic agency
D) negotiated order

Answer 2

C

Question 3

What are standards used to formulate the law?

A) principle of legality
B) legal principles
C) legal logic
D) sociological variables

Answer 3

B

Question 4

This is a framework in which the prosecutor and defense attorney have competing goals of conviction and exoneration.

A) courtroom workgroup
B) discretionary system
C) adversarial system
D) negotiated order

Question 5

This is a principle that mandates that the courts enforce only positive laws, that the laws apply equally to all members of the society, and that the laws adhere to corollary principles.

A) systemic imperatives
B) sociological variables
C) legal principles
D) principle of legality

Question 6

In the process of upholding the rule of law, lawyers and judges are constrained and directed by which additional principle?

A) judicial independence
B) jurisdiction
C) justiciability
D) all of the above

Question 7

This condition occurs when the facts of a case allow the courts to hear a case and make a useful decision.

A) ripe
B) moot
C) cues
D) discretion

Question 8

This is another term for the particular court that hears a case.

A) courtroom
B) place
C) venue
D) area

Question 9

This involves examining the facts of a case in light of the principles, laws, and rules, identifying the most relevant legal facts, and then building the case.

A) legal reasoning
B) IRAC method
C) legal logic
D) all of the above

Question 10

This is another term for issue, rule, analysis, and conclusion, a common model of legal reasoning that encourages attorneys and judges to analyze cases in terms of legally relevant facts and laws.

A) legal reasoning method
B) IRAC method
C) RIPE method
D) adversarial method

Question 11

This is the principle that a trial court is bound by appellate court decisions.

A) stare decisis
B) mens rea
C) actus reus
D) habeas corpus

Question 12

Which statement is not related to the legal principle of presumption of innocence and reasonable doubt?

A) Suspect has the right to bail.
B) Prosecution opens the trial with the accusation.
C) The court must hold a bail hearing.
D) Defendant is provided counsel if unable to afford it.

Question 13

Which statement is related to the legal principle of no cruel and unusual punishment?

A) The convicted may not be tortured or mutilated.
B) The suspect must be informed of charges.
C) Courts must follow precedent.
D) Defendant cannot be tried in both juvenile and adult court.

Question 14

On what legal principle is the procedure of allowing the public to attend hearings and trials based?

A) public trial/jury trial
B) right to bail
C) due process
D) all of the above

Question 15

The process of learning a group's norms and habits is called _____.

A) compartmentalization
B) IRAC method
C) legalization
D) socialization

Question 16

The formal court system has five important components. Which is not one of these?

A) specialized units
B) indigent defense system
C) number of jail cells
D) management style

Question 17

What is it called when a single attorney handles a case from the initial screening all the way to dismissal, acquittal, or sentencing?

A) horizontal prosecution
B) compartmentalized prosecution
C) vertical prosecution
D) dedicated prosecution

Question 18

This term describes when a case is handled by a different attorney at each stage.

A) inconsistent prosecution
B) vertical prosecution
C) horizontal prosecution
D) compartmentalized prosecution

Question 19

Which is an attribute that influences how lawyers and judges handle a case?

A) typical versus unusual cases
B) sociological aspects of a case
C) legal merits of the case
D) all of the above

Question 20

Which is not a type of indigent defense system?

A) contract attorneys
B) assigned counsel
C) public defender's office
D) volunteer law students

Question 21

These are legal and non-legal attributes of a case that tend to trigger a particular response from lawyers or judges, such as to dismiss or vigorously prosecute a case.

A) cues
B) legal principles
C) principles of legality
D) sociological variables

Question 22

The U.S. criminal court process has been compared (according to the text, somewhat inaccurately) to _____.

A) a workshop of artisans
B) a university campus
C) a factory assembly line
D) an office environment

Question 23

Which is a strategy that courts have implemented to deal with case flow?

A) decreasing cooperation across offices
B) reducing the backlog of cases
C) removing cases from case-type tracks
D) horizontal prosecution

Question 24

These attributes place people into social categories, such as race, social class, sex, and employment status.

A) legal variables
B) sociological variables
C) procedural variables
D) cues

Question 25

According to the text, cases the court handles most regularly are called _____.

A) typical cases
B) usual cases
C) conforming cases
D) exceptional cases

Question 26

According to the text, cases that do not conform to definitions of a normal case are called _____.

A) usual cases
B) typical cases
C) conforming cases
D) exceptional cases

Question 27

What do court workers learn through processes of on-the-job socialization?

A) local norms
B) behavioral patterns
C) attitudes
D) all of the above

Question 28

According to the text, what might the courtroom workgroup do to undermine a legislative effort in order to maintain their mutual interpretations and patterns?

A) narrowly apply laws
B) depart from sentencing guidelines
C) change charges to avoid mandatory minimums
D) all of the above

Question 29

The external ecology of the court system does not include ______.

A) case characteristics
B) legislative branch policies
C) research and science
D) media organizations

Question 30

What is the prosecutor most likely to do if the police search without a warrant?

A) throw out the case after initial appearance
B) plead a case down because witnesses will not cooperate
C) exclude critical evidence from trial
D) re-interview witnesses

Question 31

Legal decisions are often described as discretionary decision-making.

Question 32

The motivations, decisions, and actions of courtroom actors are not at all coupled to principles, rules, reasoning, and practices that are peculiar to the practice of law.

Question 33

Due process and legality dictate the type of court system in the United States and frame the actions of legal workers.

Question 34

In the process of upholding the rule of law, lawyers and judges are constrained and directed by the principles of justiciability, jurisdiction, and judicial independence.

Question 35

Legal reasoning distinguishes what is relevant and included in legal arguments from what is excluded.

Question 36

Procedural law has little effect on the decision-making of lawyers and judges.

Question 37

A court's internal ecology includes the other branches of government, elections, law schools, and a wide array of social pressures such as local community attitudes, citizen activists, interest groups, and media.

Question 38

Courtroom workers are not required to adjust their behaviors to the legal principles, substantive laws, and legal procedures that permeate the entire nation's legal system.

Question 39

There are still debates over the most efficient size and structure of U.S. courts.

Question 40

Caseload significantly influences decision-making by lawyers and judges.