Deck 1: The American Legal System

Question 1

The Supreme Court has original jurisdiction in disputes between between two or more states.

Answer 1

True

Question 2

The Congress has the authority to abolish every federal court in the land,except for the U.S.Supreme Court,because

A)the Congress is the supreme government institution because it represents the people.
B)the Congress controls the federal budget,including the budget for the courts.
C)the Constitution specifically calls for only one court,the Supreme Court.
D)federal judges are appointed by the Congress.

Answer 2

C

Question 3

The concept of "statutory construction" best refers to which one of the following?

A)The process of legislative bodies creating and drafting the common law.
B)The process of legislative bodies creating and drafting statutes.
C)The process of courts and judges interpreting the meaning of the common law.
D)The process of courts and judges interpreting the meaning of statutes.

Answer 3

D

Question 4

State constitutions can give more rights to people than those that are provided by the U.S.Constitution.

Question 5

The party that commences and files a civil lawsuit against someone else is known as the ____________.

Question 6

A trial held before a judge and without a jury is known as

A)a habeas corpus trial.
B)a bar trial.
C)an en banc trial.
D)a bench trial.

Question 7

Which statement about U.S.Courts of Appeals is correct?

A)Each state has its own U.S.Court of Appeals.
B)There are four U.S.Courts of Appeals-one for the Eastern,Western,Southern,and Northern United States.
C)There are 13 U.S.Courts of Appeals.
D)There are nine U.S.Courts of Appeals,one for each justice on the Supreme Court.

Question 8

The common law is

A)a deductive system of law where the rules are expounded first and then the court decides the legal situation under the existing rules.
B)an inductive system of law in which a legal rule is arrived at after consideration of a great many specific instances or cases.
C)an administrative system of law in which a government official uses a panel of common citizens to develop the rule of law.
D)a legislative system of law that operates on the state and local levels.

Question 9

When it comes to granting a petition for a writ of certiorari,the U.S.Supreme Court applies the

A)Rule of Three.
B)Rule of Four.
C)Rule of Five.
D)Rule of Six.

Question 10

Juries sit in appellate court proceedings.

Question 11

In the legal citation 539 U.S.558 (2003),the number 558 refers to

A)the docket number of the case.
B)the volume of the reporter which contains the case.
C)the first page number of the case.
D)the federal judicial number of the case.

Question 12

A justice who writes a __________ opinion may agree with the outcome and result reached by the majority opinion but may do so for different reasons or may write separately to emphasize a specific point not addressed in the majority opinion.

Question 13

The U.S.Supreme Court today typically agrees to hear

A)fewer than 100 cases each year.
B)between 100 to 150 cases each year.
C)between 150 to 250 cases each year.
D)more than 250 cases each year.

Question 14

Explain what the concept of "narrowing construction" means and the circumstances under which courts might use it.

Question 15

A per curiam opinion is

A)an unsigned opinion from an appellate court.
B)an opinion issued by an attorney general.
C)an opinion by a judge or justice who disagrees with the majority opinion.
D)a written legal argument prepared by an attorney.

Question 16

Government agencies like the Federal Communications Commission (FCC)create rules that make up the bulk of what we know as

A)common law.
B)statutory law.
C)administrative law.
D)corporate law.

Question 17

Common law sometimes is known as _______-made law.

Question 18

The U.S.Supreme Court's 2003 ruling in Lawrence v.Texas was an example of the Supreme Court

A)following the doctrine of stare decisis
B)not following the doctrine of stare decisis
C)applying the void for vagueness doctrine
D)applying both the void for vagueness doctrine and the overbreadth doctrine

Question 19

The U.S.Supreme Court often will appoint a "special master" when it is exercising what type of jurisdiction?

A)Derivative
B)Certiorari
C)Original
D)Habeas Corpus

Question 20

What is the Supreme Court doing when it issues a writ of certiorari?

A)It is ordering a lower court to rehear a case.
B)It is overturning a previous Supreme Court ruling.
C)It is agreeing to hear the appeal of a lower court ruling.
D)It is rejecting an appeal to rehear a case,noting that it is certain its first ruling was correct.

Question 21

List the four different options that courts have when offered a case as precedent by an attorney for one of the parties in a lawsuit.

Question 22

What is the legal test or rule for determining when a statute will be declared void for vagueness?

Question 23

List three typical forms of judicial decrees in equity law.

Question 24

In addition to naming the parties in a case,identify three things that a complaint filed in a civil law case will include.

Question 25

A court will generally overrule precedent only when there are changes in what three things?