Question 1

Under which condition would a criminal case enter the realm of public law?

Accepted Answer

If the defendant claims that constitutional rights were violated, it becomes a matter of public law as the violation raises issues related to the constitutionality of the law that the defendant is being tried under.

Question 2

In a court case,the party that brings charges is called the:

Accepted Answer

The party that brings charges in a court case is known as the plaintiff.

Question 3

In a medical malpractice case,an individual alleges that he or she has been injured by another's negligence or malfeasance.Medical malpractice cases such as this involve which kind of law?

Accepted Answer

Medical malpractice cases typically fall under the category of tort law, which deals with legal claims for harm caused by the negligence or intentional wrongdoing of another party. Tort law is a civil law that allows individuals to seek compensation for losses or injuries they have suffered as a result of another's actions or inactions.

Question 4

A dispute over the jurisdiction of the Department of Agriculture has been filed in the federal courts.What is the case classified as?

Accepted Answer

The dispute over the jurisdiction of the Department of Agriculture involves administrative law, which governs the activities of government agencies like the Department of Agriculture. Therefore, the case would be classified as an administrative law case.

Question 5

For the most part,Congress has assigned federal court jurisdictions on the basis of:

Accepted Answer

Congress has assigned federal court jurisdictions primarily based on geography, meaning that certain courts have jurisdiction over cases within specific geographical regions. This includes district courts, which have jurisdiction over cases within their respective districts, and circuit courts, which have jurisdiction over cases within certain regions of the country. This system helps to ensure that federal cases are heard in the most appropriate location and by judges who are familiar with the laws and issues relevant to that region.

Question 6

Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake may be heard in either the federal or the state courts,usually depending on the preference of the:

Accepted Answer

The plaintiff initiates the civil case and has the option to choose which court - federal or state - to bring the case to. The defendant may also have a preference, but ultimately it is the plaintiff's decision.

Question 7

In the United States,the basis for the authority of judges is:

Accepted Answer

The authority of judges in the United States is based on the Constitution and laws. The Constitution establishes the judicial branch of government and outlines its power and responsibilities, while laws passed by Congress and state legislatures give judges the authority to interpret and apply those laws in specific cases. Common law and the Judicial Conference of the United States may inform judges' decisions, but they do not serve as the basis for their authority. Judges in the United States are not elected, except in some state and local jurisdictions; instead, they are appointed by the president and confirmed by the Senate.

Question 8

In civil cases,most litigation is brought in the:

Accepted Answer

Civil cases are typically tried in state courts, which have jurisdiction over issues such as contract disputes, personal injury claims, and family law matters. This is because state law governs most civil matters, and each state has its own court system to interpret and enforce those laws. Federal courts, on the other hand, are reserved for cases involving federal law or disputes between parties from different states.

Question 9

The court that initially hears a criminal or civil case is the ________ court.

Accepted Answer

Trial courts are the first level of the court system where cases are initially filed and heard, including both criminal and civil cases. They are responsible for hearing evidence, making findings of fact, and applying the relevant law to reach a verdict or judgment.

Question 10

The two most common types of civil cases involve:

Accepted Answer

Contracts and torts are the most common types of civil cases. Contracts involve disputes over agreements between parties, while torts involve injuries or harm caused by one party to another. The other choices either involve criminal cases or less common civil cases.

Question 11

Which of the following examples is a major form of public law?

Accepted Answer

Constitutional law is a major form of public law as it deals with the fundamental principles and rules that govern a country or state. It addresses the relationship between different branches of government, the rights and duties of citizens, and the distribution of power between national and local governments. The other choices (tort law, contract law, stare decisis, and criminal law) are all examples of private law, which governs relationships between individuals and organizations.

Question 12

An individual accused of a traffic violation,such as speeding,would be accused of violating a ________ law.

Accepted Answer

The answer of An individual accused of a traffic violation,such...

Question 13

Most criminal cases arise in which of the following courts?

Accepted Answer

Criminal cases typically arise in state and municipal courts, as these are the courts with jurisdiction over offenses committed within their geographical boundaries. While federal district and appellate courts also hear criminal cases, these tend to be limited to federal offenses or cases involving federal law. The Supreme Court has primarily appellate jurisdiction and hears only a small number of criminal cases each year. Arbitration outside of the court system is a form of alternative dispute resolution that is not typically used for criminal cases.

Question 14

Ninety-nine percent of all court cases in the United States are heard in which of the following venues?

Accepted Answer

State and local courts handle the vast majority of court cases in the United States, including criminal and civil cases. This includes traffic violations, small claims court, family court, and more. The Supreme Court, federal district courts, federal appellate courts, and military tribunals handle a much smaller percentage of cases.

Question 15

If a defendant is convicted of robbery in a trial court,he or she may choose to re-file the case in a higher court,such as:

Accepted Answer

The best choice is to file the case in a court of appeals. This is because appeals courts review cases for errors and legal mistakes made by the trial court, rather than rehearing the case or conducting a new trial. Filing in a different trial court or in a secondary or tertiary court would result in the same issues being litigated again. Filing in the same court where it was previously heard may not be an option if it is not an appeals court. Therefore, the best option is to file in a court of appeals.

Question 16

Which of the following examples describes the arena of public law that involves disputes over the jurisdiction,procedures,or authority of government agencies?

Accepted Answer

Disputes over the jurisdiction, procedures or authority of government agencies fall under the arena of administrative law. Administrative law deals with the rules, regulations and procedures of government agencies, and the relationship between these agencies, the public, and the government as a whole.

Question 17

Smith Manufacturing Corporation charges that Jones Distributors failed to honor an agreement to deliver raw materials at a specified time,causing Smith to lose business.Smith asks the Court to order Jones for compensation for damage that was allegedly suffered.This is an example of a typical ________ case.

Accepted Answer

This is a contract case as it involves two parties who entered into an agreement and one party failed to fulfill their obligations, leading to damages for the other party.

Question 18

If John Smith was pulled over for speeding and he appealed his ticket in court,the plaintiff would be the:

Accepted Answer

The plaintiff in this case would be the government, as they are the party taking legal action against John Smith for violating traffic laws. The arresting officer, judge, local sheriff, and district attorney may be involved in the case, but they would not be the plaintiff.

Question 19

Cases involving disputes among individuals (or between individuals and the government)in which the losers may be required to pay monetary damages for their actions but are not fined or sent to prison are classified as ________ law.

Accepted Answer

Civil law deals with disputes between individuals and organizations where one party seeks compensation for the harm caused by another party's actions or inaction. This can involve breaches of contract, property damage, personal injury, and other forms of civil wrongdoing. Civil law does not involve criminal charges, which are brought by the government and can result in fines, imprisonment, or other forms of punishment.

Question 20

Cases in which the government (as plaintiff)charges an individual with violating a statute that has been enacted to protect the public health,safety,morals,or welfare are classified as ________ law.

Accepted Answer

Criminal law involves cases where the government, in the form of the prosecution, is charging an individual or entity with violating a criminal statute. These statutes are enacted to protect public health, safety, morals, or welfare. Civil law, on the other hand, typically involves disputes between private parties, such as contracts or property rights. International law deals with relationships between different nations, while common law refers to legal principles established through court decisions rather than statute. Therefore, the best choice here is C) criminal law.

Quiz 8: The Federal Courts