Deck 9: The Judiciary

Question 1

__________is the term used for the laws and rules that address disputes in which the government is acting in its official capacity upon individuals.

A) Private law
B) Case law
C) Administrative law
D) Public law
E) Martial law

Answer 1

D

Question 2

The rules, regulations, orders, and decisions issued by administrative agencies of government, such as the Federal Trade Commission and the Environmental Protection Agency, are collectively called

A) civil law.
B) common law.
C) case law.
D) constitutional law.
E) administrative law.

Answer 2

E

Question 3

Britain has historically differed from other European countries such as France and Germany because of its reliance upon

A) common law.
B) civil law.
C) legislative law.
D) administrative law.
E) executive precedent.

Answer 3

A

Question 4

Philosophers, such as John Locke, argued that a body of law existed that predates the formal creation of society and government. Locke argued that such laws are god-given, exist within human beings from the time they are born, and are intrinsic in human nature. This concept is referred to as

A) statutory law.
B) common law.
C) biblical law.
D) natural law.
E) moral law.

Question 5

The rules and judicial interpretations of rules found in the fundamental law of a nation or state, such as the Constitution of the United States, are collectively called

A) criminal law.
B) civil law.
C) constitutional law.
D) negotiated law.
E) case law.

Question 6

The rules and regulations that declare what types of conduct constitute an "offense against society" and prescribe the punishment to be imposed for such conduct are collectively referred to as

A) case law.
B) civil law.
C) constitutional law.
D) precedent.
E) criminal law.

Question 7

Approximately 95 percent of the criminal and civil matters in the United States are handled by

A) state courts.
B) federal courts.
C) the federal appellate courts.
D) administrative hearing units.
E) plea bargains.

Question 8

When the government acts like any other private citizen in a case, such as a lawsuit against a person for damage caused to the government, this type of law is referred to as

A) criminal law.
B) public law.
C) private law.
D) constitutional law.
E) administrative law.

Question 9

Sets of legislative codes, laws, or rules that are enacted by duly authorized lawmaking bodies or offices are broadly known as

A) civil law.
B) martial law.
C) case law.
D) common law.
E) executive law.

Question 10

Federal trials were initially conducted

A) in circuit courts.
B) by Supreme Court justices traveling on an assigned circuit.
C) by Supreme Court justices in rotation.
D) by retired Supreme Court justices.
E) by members of the Senate.

Question 11

How does criminal law differ from civil law with regard to charges and punishments?

A) Only criminal law allows for imprisonment as a punishment.
B) Criminal law does not allow for the use of fines as does civil law.
C) The two terms are interchangeable.
D) Civil law grants no authority for punishments.
E) An offender cannot be charged with both a criminal and a civil offense.

Question 12

Article III of the U.S. Constitution created the U.S. Supreme Court. How many justices does the Constitution require for the Supreme Court?

A) Three justices
B) Six justices
C) Nine justices
D) Twelve justices
E) The Constitution does not determine a number, but leaves this to the discretion of Congress

Question 13

In some cases, such as that of O. J. Simpson in the 1990s, the defendant may be acquitted of a murder charge but may also be required in a separate court action to pay a large fine for "wrongful death." Under what type of law is this action generated?

A) Criminal law
B) Civil law
C) Constitutional law
D) Common law
E) Appeal

Question 14

All 50 states maintain at least one high supreme court except __________ and __________ that have separate supreme courts for civil and criminal cases.

A) California; Utah
B) Texas; Vermont
C) Texas; Oklahoma
D) Florida; Ohio
E) Rhode Island; Massachusetts

Question 15

A general definition of law is

A) legislative codes enacted by authorized legislative bodies.
B) judge-made rules handed down through judicial opinions.
C) authoritative rules made by government.
D) extensive reliance on detailed legislation.
E) law detailing disposition of decedents' estates and trusts.

Question 16

The type of law concerned with the definition, regulation, and enforcement rights in a divorce is

A) public law.
B) administrative law.
C) positive law.
D) dispositive law.
E) private law.

Question 17

Approximately how many cases do the state courts process each year?

A) 100,000 cases
B) 500,000 cases
C) 1 million cases
D) 35 million cases
E) 2 billion cases

Question 18

What was the importance of the U.S. Supreme Court ruling in Marbury v. Madison (1803)?

A) It established voting rights for women and freed slaves.
B) It overruled the Constitution by allowing state governments to enact laws that contradict the Constitution.
C) It established the power of the Supreme Court to review all acts of Congress for their constitutionality.
D) It ruled that Congress was subordinate to the judicial branch.
E) It established that the judicial branch could preapprove actions by the executive branch.

Question 19

In order to appeal a case beyond the state supreme court directly to the U.S. Supreme Court, a losing party

A) must gain approval of its respective state senators.
B) must have approval of the federal court.
C) need not have filed the case in the state courts.
D) must have exhausted all remedies available at the state level.
E) must show that the U.S. Supreme Court has addressed similar cases in the past.

Question 20

Judge-made law handed down through judicial opinions, which establish slowly evolving precedents over time, is referred to as

A) civil law.
B) common law.
C) legislative law.
D) pre-emptive law.
E) martial law.

Question 21

Which of the following would NOT be a circumstance in which a case would originate in the federal courts?

A) The lawsuit requires interpretation of the U.S. Constitution.
B) The lawsuit or action requires application or interpretation of federal law or treaty.
C) The federal government is suing or prosecuting someone or is itself being sued.
D) The lawsuit is between two citizens of different states.
E) The lawsuit or case involves a violation of a state's civil process.

Question 22

Federal courts do NOT hear cases involving

A) land use and zoning.
B) money laundering.
C) carjacking.
D) bankruptcy.
E) Uniform Code of Military Justice.

Question 23

A legal system in which judges are responsible for gathering information relevant to deciding a particular case is a(n)

A) inquisitorial system.
B) system of judge-made law.
C) system of common law.
D) adversarial system.
E) contest between plaintiff and defendant.

Question 24

When one private party contests another and the lawsuit or action is brought before a judge in a court of law, the process is referred to collectively as

A) prosecution.
B) indictment.
C) litigation.
D) appeal.
E) civil discourse.

Question 25

The target of the complaint, who normally responds to the complaint with a formal written defense prior to appearing formally in court, is called the

A) recipient.
B) plaintiff.
C) defendant.
D) counsel.
E) adjudicated party.

Question 26

The formal document, issued by the grand jury, which authorizes the government to proceed to trial against the defendant is called the

A) discovery.
B) indictment.
C) subpoena.
D) plea bargain.
E) arrest.

Question 27

A federal case that is appealed from the U.S. District Court may be appealed to one of 13 regional courts before it is presented to the U.S. Supreme Court. These 13 courts are referred to as

A) U.S. Magistrates Courts.
B) U.S. Courts of Appeals.
C) the state supreme courts.
D) the Superior Courts.
E) the administrative courts.

Question 28

Litigants who receive an adverse judgment in federal appeals court and wish to be heard in the U.S. Supreme Court may petition for a

A) writ of habeas corpus.
B) writ of mandamus.
C) writ of certiorari.
D) subpoena.
E) warrant.

Question 29

Article III of the U.S. Constitution also gives Congress authority to create "inferior courts" as it determines a need. Which of the following is NOT an actual federal court?

A) Military court
B) Tax court
C) U.S. district court
D) Bankruptcy court
E) Court of impeachment

Question 30

Approximately __________ of convictions in the federal judicial system are the direct result of a negotiated plea bargain.

A) less than 10 percent
B) 45 percent
C) 65 percent
D) 89 percent
E) 95 percent

Question 31

What is the pre trial stage that occurs when the judge finds no reason to dismiss a case and the case then moves forward toward trial?

A) Complaint
B) Indictment
C) Litigation
D) Moot court
E) Discovery

Question 32

The U. S. Supreme Court hears appeals in

A) 50 percent of the appealed cases.
B) all appeals "as of right."
C) 75 percent of federally appealed cases.
D) less than 3 percent of the appealed cases.
E) only 10 percent of the appealed cases.

Question 33

The party that chooses to initiate formal legal proceedings is called the

A) initiator.
B) defendant.
C) plaintiff.
D) barrister.
E) counsel.

Question 34

A type of trial in which parties present evidence only to a judge is

A) a settlement conference.
B) a civil trial.
C) judge-made law.
D) an inquisitorial trial.
E) a bench trial.

Question 35

The standard of evidence in a criminal trial is the finding of guilt "beyond a reasonable doubt." What is the standard in a civil case?

A) The same, that is, "beyond a reasonable doubt"
B) "Preponderance of the evidence"
C) "Clear and convincing evidence"
D) "Probable cause"
E) "Reasonable suspicion"

Question 36

A circuit court of appeals may meet "en banc," meaning that

A) the entire court must unanimously agree to convene.
B) it is meeting in secret.
C) the court does not publish its rulings.
D) the litigant appeals from the three-judge panel (chosen from a pool of ten or more) to the full circuit court.
E) the case is heard without the justices having actually to be present but the ruling by the attorneys may be appealed to the full court.

Question 37

The vast majority of civil cases never make it to trial. Which of the following is NOT a reason that a case may fail to proceed to trial?

A) The judge dismisses the case.
B) The judge determines in pre-trial activities that insufficient evidence exists.
C) The two parties settle the case out of court.
D) One or both of the parties decide not to participate.
E) The court rules that it does not have jurisdiction in the case.

Question 38

Which of the following is NOT one of the purposes and functions of a grand jury?

A) It receives complaints from the prosecutor.
B) It hears evidence from the prosecutor.
C) It determines whether a trial jury is justified.
D) It has a greater number of jurors than a trial jury and often uses them for a much longer time.
E) It determines guilt or innocence of the defendant in the action.

Question 39

Which of the following is a system of justice used in the American legal system in which opposing parties contend against each other for a result favorable to themselves, while judges act as independent referees overseeing the contest?

A) Adversarial system
B) Inquisitorial system
C) Civil system
D) Criminal system
E) Appellate system

Question 40

From what sources does the U.S. Supreme Court receive its appeals?

A) All appeals are forwarded from the federal system's lower appellate courts.
B) Nearly all cases are appealed from the state courts.
C) Most cases are referred to the Supreme Court by the executive branch.
D) About half of the cases heard by the Supreme Court come from federal appellate courts and the other half come from the fifty state supreme courts.
E) The majority of Supreme Court appellate cases originated in the military courts.

Question 41

Which of the following is NOT a result of plea bargaining?

A) It allows the defendant to avoid a trial until an appeal can be filed to a higher court.
B) It normally allows the defendant to avoid a prison sentence or significantly reduces the sentence.
C) It avoids lengthy and expensive trials.
D) It often allows prosecutors to gain cooperation in other cases from the defendant in exchange for the reduced sentence.
E) It reduces the court docket length and time.

Question 42

Congress can alter the Supreme Court's __________ but not its __________.

A) standing, judicial review
B) judicial review, indictments
C) appellate jurisdiction, original jurisdiction
D) grand jury, justices
E) original jurisdiction, appellate jurisdiction

Question 43

The U.S. Constitution declares that the Constitution is supreme law. The reality of this pronouncement can be quite complicated; but in theory, what impact does this have on state-level courts?

A) The federal courts have full authority over the state criminal and civil laws as well as the state courts.
B) All decisions by the state courts must be reviewed by the federal courts.
C) This is actually a common law statement from the 1700s that now has no meaning.
D) State courts must comply with pronouncements from the U.S. Supreme Court over the meaning of the Constitution and Bill of Rights.
E) All state courts are subordinate to the federal court system and Congress.

Question 44

Which of the following are NOT violations of the "case or controversy" requirement?

A) Lawsuits in which it is too late to provide any effective remedy
B) Lawsuits seeking injunction to prevent immediate irreparable harm
C) Lawsuits in which the actual conflict is still sometime in the future
D) Lawsuits in which the parties have colluded to contrive a result
E) Lawsuits in which jurisdiction has not been properly invoked

Question 45

The document filed by an outside party with an interest in litigation is a(n)

A) writ of certiorari.
B) Jurisprudence.
C) amicus curiae.
D) dicta.
E) stare decisis.

Question 46

Which of the following characteristics is NOT one of the considerations that a president normally uses when selecting a nominee for an open seat on the U.S. Supreme Court?

A) The nominee's ideological and policy preferences
B) The nominee's judicial competence
C) The nominee's experience as a trial lawyer
D) Demographic considerations such as race or gender of the nominee
E) The current political environment

Question 47

Criminal prosecuting attorneys

A) must disclose all relevant exculpatory evidence to opposing counsel.
B) must abide by rules of fair play.
C) must respond to extensive discovery motions from the prosecution.
D) shall not bear false witness.
E) are under little or no obligation to provide any evidence to opposing counsel.

Question 48

Which of the following is NOT true of judicial review?

A) The Constitution does not give any court the power to decide whether a state law is constitutional.
B) The Constitution does not give the Supreme Court the status of final arbiter of the meaning of the Constitution.
C) Scholars of the early constitutional period believe the Framers were unable to reach any consensus as to who would be the authoritative interpreter of the Constitution.
D) Options A, B, and C are true.
E) None of the above is true.

Question 49

Which of the following is NOT a limitation on the powers of the judicial branch?

A) Federal courts cannot initiate or maintain lawsuits.
B) Federal courts can only hear lawsuits that constitute true cases or controversies.
C) Federal courts can provide only a limited scope of relief.
D) Federal courts must rely on other branches of government for enforcement.
E) Federal courts may not hear cases that arise out of state court cases.

Question 50

Criminal defense attorneys

A) must disclose all relevant evidence to opposing counsel because they are officers of the court.
B) must abide by rules of fair play.
C) must respond to extensive discovery motions from the prosecution.
D) shall not bear false witness.
E) are under little or no obligation to provide any evidence to opposing counsel.

Question 51

The "Rule of Four" is

A) an early Sherlock Holmes story.
B) the minimum number of points that must be raised in a Supreme Court appellate brief.
C) the minimum number of cases that must be cited for stare decisis.
D) the minimum number of justices that must vote in favor of an appeal for a writ of certiorari to issue.
E) the minimum number of justices that can sit to hear an appeal.

Question 52

Robert Dahl's article "Decision-making in a Democracy" hypothesized that

A) Supreme Court decisions reflect loyalty to the appointing president.
B) Supreme Court opinions reflect revealed Judeo-Christian principles.
C) Supreme Court decisions, although often defying public opinion in the short run, usually fall in line with the dominant majority coalition in the long run.
D) are driven by political accountability.
E) are a product of dominant lone individual justices.

Question 53

A judicial order commanding an official to perform a ministerial duty over which he has little discretion is a(n)

A) amicus curiae.
B) writ of certiorari.
C) writ of mandamus.
D) example of judicial review.
E) example of judicial discretion.

Question 54

The legal procedure by which a current court "stands by the decision" of a previous court that has already settled the issue is referred to as

A) amicus curiae.
B) habeas corpus.
C) certiorari.
D) stare decisis.
E) concurrence.

Question 55

The Supreme Court uses a significant power to declare acts of the other two branches of government, and of state governments, as unconstitutional and thus invalid. This power is referred to as

A) appellate review.
B) judicial veto.
C) judicial review.
D) veto override.
E) ratification.

Question 56

In McCulloch v. Maryland, the Supreme Court

A) established per curium opinions.
B) eliminated per curium opinions.
C) declared Congress would be the final arbiter of constitutionality.
D) declared States would be the final arbiter of constitutionality.
E) broadly interpreted the necessary and proper clause.

Question 57

Growing in popularity and use is the "Missouri Plan" for selecting judges at the state level. What are the steps in this process?

A) A non-partisan commission appoints the judge, and after a two-year trial service the governor may be appointed for life.
B) A judge is appointed by the governor through a partisan process but later must run for reelection as a non-partisan candidate.
C) A judicial nominating committee chooses three judicial candidates based on merit; the governor appoints one from the list, and after two years the judge stands for election by the voters.
D) The state supreme court convenes a committee comprised of three of its justices, who then choose the new judge based on merit issues.
E) The legislature chooses the judge by a three-fourths vote and the judge is then appointed for a life term.

Question 58

To "Bork" means

A) to create a canoe from the bark of a birch tree.
B) to create a boat by burning out the center of a tree trunk.
C) to nominate former Solicitors General to the bench as especially well-qualified.
D) to challenge a president's nominee through well-financed and organized interest group opposition.
E) to appoint bearded justices as embodying the picture of wisdom and temperance.

Question 59

Though the Supreme Court often lacks enforcement power for its decisions, it has historically issued a number of very influential and powerful rulings. One such ruling was Brown v. Board of Education (1954). What was the effect of this ruling?

A) All slaves born within the borders of the United States were free.
B) The southern states in the confederacy during the Civil War did not have the legal standing or authority to withdraw from the Union.
C) All children received the right to a free education.
D) Compulsory education was considered unconstitutional.
E) "Separate but equal" school facilities for black and white children were unconstitutional and must desegregate immediately, thus breaking down legal segregation overall.

Question 60

Which Fifth Amendment protection prohibits a defendant who has been tried and found not guilty from ever being tried again for same crime?

A) Protection against double jeopardy
B) Protection from self-incrimination
C) Plea bargain
D) Negotiated plea
E) Right to a speedy trial

Question 61

The U.S. Supreme Court is the "highest court in the land," yet it does not have original jurisdiction in most cases. How does a case from a state court enter the federal system? Describe the different ways in which cases move on to the Supreme Court.

Question 62

What discretion does the U.S. Supreme Court have in choosing the cases in which it will issue a ruling? Describe the process in which justices reach their decisions.

Question 63

Discuss the criteria for nominating Supreme Court justices and the process by which the nominees are confirmed. How has the process changed in recent years?

Question 64

Fully explain the pre-trial and trial process in civil litigation and in the criminal justice system.

Question 65

Compare and contrast appellate and original jurisdiction.

Question 66

How long do justices of the U.S. Supreme Court serve?

A) Four-year terms with no reappointment
B) Four-year terms but may be reappointed
C) Eight-year terms
D) 20-year terms
E) Appointed for life

Question 67

Describe the limitations to which the courts must adhere.

Question 68

A hotly debated political topic in recent decades has involved judicial restraint versus judicial activism. Describe these two judicial ideologies. What are the differences between them? How does each ideology impact the social and political environment?

Question 69

What is a factor in how a judge may make a decision?

A) Legal rules and precedents
B) Changes in circumstances
C) Ideological attitudes
D) External political pressures
E) All of the above are true.

Question 70

Several types of laws have influenced the creation of the American judicial system. Discuss the differences among the following: criminal law, constitutional law, administrative law, and common law.

Question 71

Article III of the U.S. Constitution creates the judicial branch and the U.S. Supreme Court, yet it describes little as to the powers of the Court. Describe the case of Marbury v. Madison (1803) and the reasons for its importance. Discuss its impact on checks and balances among the branches of government.

Question 72

Describe the racial, ethnic, and gender makeup of the federal courts. Does it matter that some groups are underrepresented and other groups are overrepresented? Why?