Question 1

What term literally means "to speak the truth"?

Accepted Answer

"Voir dire" is a legal term used to describe a procedure in which prospective jurors are questioned about their qualifications and potential biases to determine if they are suitable for jury duty. It literally means "to speak the truth" in French.

Question 2

Prior to trial, what type of consultants use the theories and methods of social science to help them determine what type of person is more likely to favor their side in a case?

Accepted Answer

Jury consultants use social science theories and methods to assist legal teams in selecting jurors who are more likely to be sympathetic to their case.

Question 3

Peremptory challenges:

Accepted Answer

Peremptory challenges allow attorneys to reject a certain number of potential jurors without stating a reason. Unlike challenges for cause, they do not require the disclosure of a specific reason for the juror's dismissal.

Question 4

Which U.S. Supreme Court case ruled that peremptory challenges may not be used to exclude potential jurors on the basis of race?

Accepted Answer

Batson v. Kentucky (1986) established that peremptory challenges cannot be used by prosecutors to exclude jurors solely on the basis of race, as it violates the Equal Protection Clause of the Fourteenth Amendment.

Question 5

What is a request made to the court asking it for something?

Accepted Answer

A motion is a formal request made to the court by a party or attorney asking the court to make a specific ruling or order on a legal matter.

Question 6

In closing arguments, the prosecution goes:

Accepted Answer

The prosecution goes last in closing arguments because it has the burden of proof, allowing it to rebut the defense's closing argument.

Question 7

In which case did the U.S. Supreme Court hold that in death penalty cases, the finding of matters of fact is the domain of juries (such as aggravating factors) and required that the jury determine the appropriate sentence?

Accepted Answer

Ring v. Arizona held that juries, not judges, must find the aggravating factors necessary for imposing the death penalty, ensuring the defendant's Sixth Amendment rights are upheld.

Question 8

Which term translates as "you have the body"?

Accepted Answer

"Habeas corpus" is the correct term, translating to "you have the body" in Latin. It refers to a legal principle that safeguards against unlawful and indefinite imprisonment.

Question 9

Which of the following is an ancient legal remedy, dating back at least to the Magna Carta?

Accepted Answer

Habeas corpus is an ancient legal remedy that dates back at least to the Magna Carta, signed in 1215. It is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he or she should be released from custody.

Question 10

Which method does the federal system use to select judges?

Accepted Answer

In the United States, the federal system primarily uses the appointment system for selecting judges, where the President nominates judges, and the Senate confirms them.

Question 11

What method of selecting judges became popular during the 1830s when Democrats under the leadership of Andrew Jackson gained control of Congress from the Federalists?

Accepted Answer

During the 1830s, under the leadership of Andrew Jackson and the Democrats, the method of selecting judges by election became popular. This was part of the broader Jacksonian democracy movement, which emphasized greater democratic participation and sought to make government offices, including judgeships, more directly accountable to the people through elections.

Question 12

Under the election method of selecting judges, what form of election takes place in which no political affiliation is listed for a candidate?

Accepted Answer

In a nonpartisan election, candidates' political affiliations are not listed on the ballot, allowing voters to make decisions based on the candidates' qualifications rather than their party membership. This method is often used for judicial elections to promote impartiality.

Question 13

Which method of selecting judges is sometimes referred to as the Missouri plan?

Accepted Answer

The Missouri Plan, also known as the merit system, involves a combination of appointment and election, where judges are initially appointed based on their qualifications and are later subject to retention elections.

Question 14

Which act provided for a U.S. attorney for each court district who was appointed by the president?

Accepted Answer

The Judiciary Act of 1789 established the federal judiciary of the United States. Among its provisions, it provided for the appointment of a U.S. Attorney for each judicial district by the President, to serve as the chief federal law enforcement officer within their respective districts.

Question 15

Deputy attorney generals:

Accepted Answer

Deputy attorney generals are appointed by the president, confirmed by the Senate, and serve at the pleasure of the president, making all of the provided options correct.

Question 16

Which type of defense counsel method is usually utilized in lightly populated counties?

Accepted Answer

In lightly populated counties, the contract system is often utilized for defense counsel. This method involves the government contracting with attorneys or law firms to provide legal defense for individuals who cannot afford their own attorney. It is a cost-effective solution for areas with lower populations and fewer resources.

Question 17

What are groups of attorneys who attempted to regulate the practice of law?

Accepted Answer

Bar associations are organizations of lawyers that regulate the practice of law, set standards for legal ethics and professionalism, and often administer the bar examination.

Question 18

Which legal education model involves the professor asking the law student a series of questions intended to force the student to identify key legal principles and doctrines and to apply them to hypothetical situations?

Accepted Answer

The Socratic method involves the professor asking the student a series of questions to stimulate critical thinking and to illuminate ideas. This method is widely used in law schools to help students learn to analyze legal problems, identify relevant legal principles, and apply them to hypothetical situations.

Question 19

Perhaps the most significant difference between the courts and the other branches of government is that the courts are proactive.

Accepted Answer

Courts are generally reactive, as they rely on parties to bring cases to them and do not initiate legal actions or policies on their own.

Question 20

Hierarchical jurisdiction involves the authority of the court over the person.

Accepted Answer

Hierarchical jurisdiction refers to the division of responsibilities and authority among different levels of courts, not to the authority of a court over a person, which is known as personal jurisdiction.

Quiz 4: Federal and State Courts