Deck 5: Judicial Institutions

Question 1

One of the reasons that courts get relatively little attention in comparative politics texts is because

A) they aren't important in most systems.
B) it is hard to generalize about legal systems and courts.
C) courts only exist in the developing world.
D) courts in the Third World are not part of the political process.

Answer 1

it is hard to generalize about legal systems and courts.

Question 2

________ is the term used to describe the idea concerned with basic rules of conduct that reflect the concept of justice.

A) Law
B) Bureaucracy
C) Culture
D) Socialization

Answer 2

Law

Question 3

Observations and measurements that have been empirically determined and focus upon physical concepts are called:

A) moral laws
B) divine laws
C) natural law
D) scientific laws

Answer 3

scientific laws

Question 4

Precepts or guidelines that are based upon subjective values, beliefs, and attitudes that focus on behavior are called:

A) divine laws
B) natural laws
C) scientific laws
D) moral laws

Question 5

A body of precepts based on fundamental principles of justice, not man-made law is called:

A) positive law
B) scientific law
C) criminal law
D) natural law

Question 6

Law that is man-made, designed to govern human behavior, and enforceable by the state is:

A) positive law
B) natural law
C) scientific law
D) moral law

Question 7

A set of deeply rooted, historically conditioned attitudes about the nature of law, and about the role of law in the society and the polity, is called:

A) political socialization
B) stare decisis
C) legal culture
D) judicial review

Question 8

The Romano-Germanic approach to law is sometimes referred to as ____________.

A) positive law
B) code law
C) scientific law
D) natural law

Question 9

A legal system based upon "judge-made law" can be referred to as containing:

A) scientific law
B) divine law
C) moral law
D) common law

Question 10

The Latin term stare decisis refers to

A) judicial precedent.
B) a military coup.
C) a vote of confidence in the legislature.
D) the split executive of parliamentary government.

Question 11

Judicial precedent refers to the practice of

A) courts using previously adjudicated cases as guidelines for decisions.
B) federal cases being heard before state cases are heard in a court.
C) state cases being heard before federal cases are heard in a court.
D) the head of state overturning the chief executive's decisions.

Question 12

What is the view that law is a tool of the state, to be used to work toward public policy that favors the working class known as?

A) socialist law
B) scientific law
C) moral law
D) natural law

Question 13

Sources of law may be all of the following except:

A) religious dogma
B) the judiciary
C) the lottery
D) tradition or custom

Question 14

Theodore Lowi's book The End of Liberalism suggests that

A) presidential power needs to be stronger than it currently is.
B) some social problems are beyond the competence of legislatures to solve.
C) a prime minister should cooperate more with his or her head of state.
D) legislatures should be larger than they are.

Question 15

Which is an example of an administrative decision that has the force of law?

A) standards set by the Food and Drug Administration
B) a bill passed by a state legislature
C) a compromise reached in a conference committee in a legislature
D) a presidential proclamation

Question 16

The common institution of a court includes all of the following except:

A) an individual or group of individuals
B) someone with the power to make decisions in disputes
C) someone who believes that they should listen to the facts and apply cited principles
D) someone who has been approved by religious leaders

Question 17

Judiciaries tend to be organized in

A) a "flat" egalitarian fashion.
B) a way as part of a national legislature.
C) a way that the national executive most prefers.
D) a pyramidal fashion.

Question 18

The question of which court or level of court has the authority to adjudicate a specific question is called a question of:

A) stare decisis
B) judicial review
C) socialization
D) jurisdiction

Question 19

The body of law that refers to relations dealing with private parties is called:

A) civil procedure
B) criminal procedure
C) national security
D) stare decisis

Question 20

Which is the body of law that refers to state-approved regulations and their violation?

A) civil procedure
B) criminal procedure
C) national security
D) stare decisis

Question 21

Canada is a political system with

A) a unitary judicial structure.
B) a federal judicial structure.
C) executive institutions playing legislative roles.
D) legislative institutions playing judicial roles.

Question 22

An "irresponsible" judiciary refers to a system in which

A) judges can do whatever they want, irrespective of what the law says.
B) judges can replace the executive in political decision-making.
C) judges do not have to stand for reelection to stay in office.
D) judges do not have to go to law school to become judges.

Question 23

The United States presidential election of 2000 was an example of a case in which

A) the Court was able to avoid being involved in a contentious political issue.
B) the Court was able to pass the buck to the legislature to make a difficult decision.
C) the Court had to play a highly visible and politically significant role in social issues.
D) the Court overturned the Constitution and seized political power.

Question 24

The concept of judicial review refers to the process by which

A) courts rule upon the legality of the actions of other branches of government.
B) courts decide whether the president can stay in office.
C) courts decide on whether convicted felons can be released from jail.
D) courts decide on whether an election should be held or not.

Question 25

There are two major types of judicial review mechanisms today. One uses regular courts to
Make decisions. The other uses:

A) legislative majorities
B) special constitutional courts or reviewing bodies
C) a presidentially-appointed mediator
D) an international court

Question 26

In Chapter 5 the term "system specific" refers to the inability to generalize to other countries from what we know about this country.

Question 27

Courts are usually central institutions in the political arena; they are often caught up in political and ideological debates.

Question 28

In Locke's view, the function of a judge was to determine a decision according to the established law of the day.

Question 29

The idea of law is usually not included in lists of the great achievements of civilization.

Question 30

Scientific law refers to laws that have been written by groups of scientists.

Question 31

The type of law with which governments are most concerned is moral law.

Question 32

St. Augustine's "two sword" theory referred to how to deal with the conflict between human law and natural or religious law.

Question 33

The concept of a legal culture focuses upon the beliefs, attitudes, and values of a society relative to the law and politics of that society.

Question 34

The Code Napoleon was an attempt by Emperor Napoleon to send messages to others without unauthorized eyes being able to understand the messages

Question 35

The idea of judicial precedent suggests that a judge does not need to worry about what other judges have decided when he or she makes a decision.

Question 36

One of the common sources of law in non-Western legal systems is the legal system of the colonizing power that controlled the nation prior to its independence.

Question 37

The book True Law of Free Monarchies which dealt with a theory of the divine right of kings was written by King Louis IV of France.

Question 38

A government structure often concerned with the creation of law is the legislature.

Question 39

Judiciaries tend to be organized in a pyramidal fashion.

Question 40

Judicial review is the process by which courts decide on cases.

Question 41

There are many ways to compare presidential and parliamentary systems of government. Which do you think is most effective in passing legislation and making policy? Why?

Question 42

There are many ways to compare presidential and parliamentary systems of government. Which do you think is most effective in protecting minority rights? Why?

Question 43

There are many ways to compare presidential and parliamentary systems of government. Which do you think is most effective in establishing stable political leadership?

Question 44

Describe the relationship between legislative supremacy and executive supremacy.

Question 45

The bureaucracy has often been referred to as the fourth branch of government. Should it be placed on the same level as the legislature, judiciary, and executive branches? Why or Why Not?