Question 1

In civil cases, most litigation is brought in the

Accepted Answer

Civil cases are usually brought in courts established by the state in which the activity in question took place. This is because most civil cases deal with state law rather than federal law. However, if the case involves federal law or constitutional issues, it may be brought in federal district courts.

Question 2

Administrative law is a subset of what category of law?

Accepted Answer

Administrative law is a subset of public law, which deals with the relationship between individuals and the government, as well as the powers and functions of government agencies and officials. It encompasses the rules and regulations created by administrative agencies, as well as the legal procedures governing agency decisions and actions.

Question 3

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 to pay compensation for damage that was allegedly suffered.This is an example of a typical __________ case.

Accepted Answer

This is a typical contract case where Smith Manufacturing Corporation had an agreement with Jones Distributors that they allegedly failed to honor, causing damages to Smith's business.

Question 4

What is the difference between the Supreme Court's original jurisdiction and its appellate jurisdiction?

Accepted Answer

The difference between the Supreme Court's original jurisdiction and its appellate jurisdiction is that cases in the Court's original jurisdiction go directly to the Court, while cases in its appellate jurisdiction go to state or lower federal courts first. In the original jurisdiction, the Court acts as a trial court and hears cases for the first time, while in the appellate jurisdiction, the Court reviews decisions made by lower courts.

Question 5

This is the doctrine whereby a previous decision by a court applies as a precedent in similar cases until the decision is overruled.

Accepted Answer

The doctrine described is known as "stare decisis" in common law systems, which requires lower courts to adhere to the precedent established by higher courts in similar cases until that precedent is overturned or overruled.

Question 6

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

Accepted Answer

The answer of Which of the following is a major...

Question 7

One of the foundations of judicial independence in the United States is

Accepted Answer

Judicial review, established by the Supreme Court case Marbury v. Madison, gives the courts the power to interpret the Constitution and declare laws unconstitutional. This power serves as a check on the legislative and executive branches and helps ensure the courts remain independent.

Question 8

Cases in which a plaintiff or defendant seeks to show that his or her case involves the government's misuse of powers or abuse of citizens' rights as defined under the Constitution or by statute are called __________ law.

Accepted Answer

Public law deals with the relationship between individuals and the government, including issues related to constitutional and administrative law. Cases involving allegations of government misuse of powers or abuse of citizens' rights fall under this category. Civil law deals with disputes between individuals or organizations, while criminal law deals with offenses against the state. International law deals with relations between different sovereign states, and tort law deals with civil wrongs resulting in harm or injury to another individual.

Question 9

Why does the history principle apply to the judicial branch more than the other two branches of the federal government?

Accepted Answer

The history principle applies to the judicial branch more than the other two branches of the federal government because courts rely heavily on precedents from previous decisions to guide current questions. Unlike Congress or the executive branch, courts are bound by previous decisions, and the doctrine of stare decisis requires that lower courts follow the precedents set by higher courts. Therefore, the principles and decisions made in the past have a significant impact on current and future court decisions.

Question 10

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 not fined or sent to prison are classified as __________ law.

Accepted Answer

Civil law deals with disputes between individuals or entities, such as businesses or governments, and typically seeks to provide a remedy for harm done rather than punish a wrongdoer through fines or imprisonment. Monetary damages may be awarded to compensate the plaintiff for losses incurred as a result of the defendant's actions.

Question 11

Under what authority does the U.S.military operate its own court system that governs the behavior of men and women in uniform?

Accepted Answer

The Uniform Code of Military Justice (UCMJ) is a federal law that governs military justice in the United States, and it provides the legal basis for the U.S. military's court system. The UCMJ applies to all members of the armed forces, whether they are on active duty or not. The UCMJ was enacted by Congress in 1950 and has been amended several times since then. The U.S. military's court system allows commanders to maintain discipline and order within their units and ensures that military personnel are held accountable for their actions.

Question 12

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

Accepted Answer

State and local courts handle the vast majority of court cases, including criminal and civil cases, family law, probate, and traffic violations. Federal district courts handle only a small fraction of cases and the Supreme Court and federal appellate courts handle even fewer cases. Military tribunals are a separate system that deal with cases involving military personnel and national security.

Question 13

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

Accepted Answer

If the defendant claims that constitutional rights were violated, the case could enter the realm of public law as it would involve the interpretation and application of constitutional principles. This would make it a matter of public interest and concern.

Question 14

The two most common types of civil cases involve

Accepted Answer

Contracts and torts are the most common types of civil cases. Contract cases revolve around disputes over contracts, such as breach of contract or disputes over the terms of a contract. Torts involve a civil wrong that has been committed against an individual, such as negligence or intentional harm.

Question 15

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 deals with actions that are considered offenses against society as a whole, rather than just against specific individuals. Violations of statutes enacted to protect public health, safety, morals, or welfare would fall under criminal law. Civil law deals with disputes between individuals or organizations, while public law covers relationships between individuals and the government. International law deals with relationships between nations, and common law refers to legal systems developed through court decisions rather than legislative action.

Question 16

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 of the country. This includes the power to interpret and apply laws, as well as to rule on the constitutionality of laws and government actions. Other factors, such as the Judicial Conference and the Department of Justice, may play a role in supporting or implementing judicial decisions, but they do not provide the basis for the authority of judges themselves.

Question 17

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 one, involve which kind of law?

Accepted Answer

Medical malpractice cases involve tort law, which deals with civil wrongs and claims for damages between individuals. A medical malpractice case is brought by an individual who alleges that a healthcare professional, hospital or healthcare facility has caused them harm or injury due to negligence, malpractice or other wrongful conduct.

Question 18

Most criminal cases are heard in

Accepted Answer

The majority of criminal cases are heard in state and local courts, rather than federal courts such as the Supreme Court or federal district and appellate courts.

Question 19

If a defendant is convicted of robbery in a state trial court, he or she may challenge the outcome in a higher court, such as

Accepted Answer

The defendant may challenge the outcome in a state court of appeals, as this is the usual next level of appeals available in most states after a trial court. The other choices are not typically options for appealing a state trial court decision.

Question 20

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.

Quiz 9: The Federal Courts