Deck 9: Courts and Law: Politics Behind the Gavel, Obviously, but Whats Under the Gown

Question 1

The courts utilize ______ and other tools to increase their authority and set them apart from other political institutions.

A)symbols
B)displays
C)images
D)logos

Answer 1

A

Question 2

When interpreting the language and intent of laws passed by the legislative branch(es),the courts are ______.

A)overreaching
B)policymaking
C)adjudicating
D)interpreting

Answer 2

B

Question 3

What did James Madison mean when he said a constitutional right is nothing more than a "parchment barrier"?

A)The Constitution is written on parchment,which means it will eventually fade.
B)The Constitution is a metaphorical barrier between justice and politics.
C)The Constitution lays out rights,but their enforcement in practice is a matter of politics.
D)The Constitution implies a wall of separation between church and state.

Answer 3

C

Question 4

When courts exercise the power to stop actions of government until the relevant government policies and activities can be examined at trial,this is known as ______.

A)setting the going rate
B)dispute resolution
C)statutory interpretation
D)injunctive power

Question 5

Unlike common law,civil law relies predominately on ______.

A)written law
B)religious doctrine
C)judicial review
D)case law

Question 6

While appellate courts review the decisions of the trial courts,the decision of appellate judges is limited to ______.

A)facts in the case
B)matters of law and process
C)witness testimony
D)evidence

Question 7

Viewing the judicial system and institutions above politics is an example of ______.

A)realism
B)idealism
C)constructivism
D)fiction

Question 8

By setting the ______,and hence creating the context for plea bargaining,courts settle disputes in an informal way.

A)plea-bargain price
B)attorney account
C)going rate
D)lawyer limit

Question 9

The power of the courts to declare laws and government acts to be in violation of the nation's constitution or in some other way illegal under the structure of the country is the court's power of ______.

A)judicial interpretation
B)jurisprudence
C)judicial activism
D)judicial review

Question 10

The fictional piece,To Kill a Mockingbird,demonstrates the influence of ______ on the ______.

A)politics;legal system
B)justice;legal system
C)justice;politics
D)idealism;reality

Question 11

The key difference between laws on the books and laws in action is ______.

A)the jurisdiction of the law enforcement
B)the interpretation of the meaning of the law
C)the intention of the lawmaker
D)there is no difference

Question 12

What type of court regularly exercises original jurisdiction?

A)constitutional
B)appellate
C)trial
D)Pennsylvania Supreme Court

Question 13

Criminal and civil law proceedings are both greatly influenced by ______.

A)past decisions
B)politics of the day
C)public opinion
D)laws on the books

Question 14

In order to fully understand the laws and courts,political scientists must study ______.

A)laws on the books
B)laws in action
C)judicial political actors
D)all of these

Question 15

A governmental monitoring function of the courts,which lends legitimacy to government,is the power of ______.

A)prosecution
B)injunction
C)investigation
D)persecution

Question 16

The function(s)of the courts are ______.

A)dispute resolution
B)policymaking
C)government monitoring
D)All of these are true.

Question 17

Trial courts are the first courts to hear a case;as such,they exercise ______.

A)original jurisdiction
B)appellate jurisdiction
C)veto power
D)judicial review

Question 18

Which of the following best illustrates the notion of law in books versus law in action?

A)people consistently driving above the posted speed limit
B)the police arresting someone for possession of an illegal drug
C)an election in which a candidate loses by only one vote
D)nonunanimous jury verdict

Question 19

Judicial symbols such as a judge's robe,the raised platform,the Bible,the gavel,the ornate building (e.g.Supreme Court)all lend ______ to the judicial system.

A)superiority
B)legitimacy
C)hierarchy
D)procedure

Question 20

For which of the functions of courts do judges use the injunctive power?

A)dispute resolution
B)monitoring government
C)policymaking
D)symbolic authority

Question 21

One of the largest (and most heated)debates of natural law in the United States has concerned the issue of ______.

A)female reproductive rights
B)gun ownership rights
C)free speech rights
D)parental rights

Question 22

Describe the many ways in which the courts monitor government.

Question 23

Unlike civil law,common law relies heavily upon ______.

A)judicial review
B)stare decisis
C)religious doctrine
D)written law

Question 24

Explain how courts make use of symbols to increase respect for their authority.Provide examples.

Question 25

Describe the difference between criminal and civil law and explain what standard of evidence is used in each.

Question 26

Legal scholar Roscoe Pound recognized a difference between "law in books" and "law in action." Explain the distinction between the two and give at least one example that illustrates the difference.

Question 27

Which type of legal system utilizes an inquisitorial system?

A)common law
B)natural law
C)civil law
D)religious law

Question 28

Which of the following countries does not have a court that exercises constitutional review?

A)Great Britain
B)Germany
C)India
D)United States

Question 29

We are more likely to engage with laws in action than with laws on the books.

Question 30

What makes the law political? How have recent events served to convince the public that the law is political?

Question 31

Which of the following statements about realist jurisprudence is true?

A)Legal realists focus on the behavior of police,judges,and attorneys rather than on the content of the law.
B)Realists believe that there is some higher law that originates with God or nature.
C)Realists believe that the content of the law should be read with a focus on formal logiC.
D)A good example of realist jurisprudence can be found in Blackstone's commentaries.

Question 32

Which of the following is not one of the three principal elements of federal law in the United States?

A)constitutional law
B)canon laws
C)treaties
D)congressional statutes

Question 33

Which one of the following public events did not erode people's idealism about the relationship between law and politics?

A)Rodney King's videotaped beating and the subsequent acquittal of his law-and-order victimizers
B)Chris Brown's domestic violence conviction
C)O.J.Simpson's murder trial acquittal
D)The 2000 presidential election decided by the U.S.Supreme Court

Question 34

Sharia is used in which type of legal system?

A)common law
B)natural law
C)civil law
D)religious law

Question 35

The evolution of the Clean Water Act is an example of ______.

A)bureaucratic law
B)the law on the books
C)the law in action
D)public policy

Question 36

Which of the following is not one of the three main schools of jurisprudence that have vied for dominance in the United States?

A)sociological-realist
B)natural
C)positivist
D)originalist

Question 37

Identify the various types of jurisprudence that have competed for authority in the United States and briefly note their main features.

Question 38

Which of the following is not one of the three main schools of jurisprudence that Harry Stumpf has identified as having competed for dominance in the United States?

A)natural law
B)civil law
C)positivist jurisprudence
D)sociological-realist jurisprudence

Question 39

Which of the following types of law does the textbook argue does not really exist?

A)federal law
B)state law
C)criminal law
D)international law

Question 40

The Unites States' legal system is comprised of a combination of ______.

A)common and civil law
B)common and religious law
C)civil and religious law
D)religious and natural law