Question 1

Crime control in a constitutional democracy depends on the balance between searching for the correct result in criminal cases and the commitment to use fair procedures in pursuing criminals.

Accepted Answer

Crime control and fair procedures are both important in a constitutional democracy, but they must be balanced to ensure that justice is served while respecting individual rights and liberties.

Question 2

The party who is being appealed against is known as:

Accepted Answer

The party who is being appealed against is known as the appellee. The appellant is the party who files the appeal.

Question 3

A petition for a writ of habeas corpus:
I. is a continuation of the original criminal case.
II. is a civil case.
III. reviews the constitutionality of a petitioner's detention.
IV. is another form of appeal.

Accepted Answer

A petition for a writ of habeas corpus is a civil case that reviews the constitutionality of a petitioner's detention.

Question 4

The disposition in a criminal case when the appellate court sends a case back to the court from which it came for further action is:

Accepted Answer

When an appellate court sends a case back to the court from which it came for further action, it is called a remand.

Question 5

If a justice agrees with the decision reached in another opinion but writes a separate opinion explaining her own reasons for reaching that decision, she has written a:

Accepted Answer

A concurring opinion is written by a justice who agrees with the decision of the majority but wants to express different or additional reasons for reaching the same conclusion.

Question 6

The doctrine of stare decisis binds judges to follow the prior decisions of:

Accepted Answer

Stare decisis requires judges to follow the precedents set by their own court and higher courts within the same jurisdiction, ensuring consistency and predictability in the law.

Question 7

The court's holding:

Accepted Answer

The court's holding is the legal rule or principle that the court applies to the facts of the case to reach its decision.

Question 8

An appellate court _________ a trial court's judgment when it sets it aside.

Accepted Answer

When an appellate court sets aside a trial court's judgment, it means that it disagrees with the decision made by the trial court. Therefore, the correct option is to "reverse" the judgment.

Question 9

In habeas corpus actions:
I. the petitioner names the state as a party.
II. the government sues an incarcerated or detained prisoner.
III. the title of the case has names of individual parties and not the state or government.
IV. the court is a party to the petition.

Accepted Answer

In habeas corpus actions, the petitioner typically names the individual custodian (like a warden) rather than the state, and the case title reflects the names of individual parties. The court is not a party to the petition.

Question 10

The U.S. Supreme Court decides to review a case on a writ of certiorari based on:

Accepted Answer

The "rule of four" is the principle that if four of the nine Justices of the Supreme Court agree to grant the petition for certiorari, the Court will review the case.

Question 11

According to the interest in fact-finding and the search for truth, the greater the deprivation the decision imposes, the greater the factual foundation required to support it.

Accepted Answer

This statement is true. When a decision imposes a significant deprivation or harm, there is a higher standard for the factual foundation required to support it. This is because the decision will have a greater impact on the affected individuals or groups, and thus, it is important to ensure that there is a strong factual basis for the decision.

Question 12

When courts decide cases based on legal precedent, their decisions increase society's sense of:
I. stability.
II. predictability.
III. a sense of fairness.
IV. discretion.

Accepted Answer

Deciding cases based on legal precedent enhances stability and predictability by ensuring consistent application of the law, and it also promotes a sense of fairness as similar cases are treated similarly.

Question 13

A case citation is composed of a string of letters and numbers.

Accepted Answer

A case citation generally includes a combination of letters, numbers, and symbols that identify the court, case name, case number, and year of decision.

Question 14

When a court refers to past cases to back up its reasons and decisions in the case currently before it, the prior decisions are called:

Accepted Answer

Precedent refers to past court decisions that serve as a basis or authority for deciding similar legal issues in current cases. Procedural history refers to the steps and proceedings that took place in previous cases, court opinions are the written documents expressing a court's decision, and majority judgments are the opinions that have the support of a majority of the judges deciding a case.

Question 15

Jurisdiction refers to a court's authority to hear and decide a case:
I. in a specific geographical area.
II. in a particular subject matter.
III. according to legal precedent.
IV. remanded by an appellate court.

Accepted Answer

Jurisdiction refers to a court's authority to hear and decide a case based on geographical area (I) and subject matter (II). Legal precedent and remand by an appellate court do not define jurisdiction.

Question 16

In the U.S. Supreme Court, certiorari:
I. is discretionary.
II. does not require the court to hear the appeal.
III. is usually granted because a case raises an important constitutional issue affecting large numbers of individuals.
IV. is usually granted to prevent punishment of the innocent.

Accepted Answer

Certiorari is discretionary, does not require the court to hear the appeal, and is usually granted because a case raises an important constitutional issue affecting large numbers of individuals.

Question 17

When a court decides that a prior court decision does not apply to a current case because the facts of the previous case are different, the court is said to:

Accepted Answer

When a court distinguishes a previous case, it acknowledges that the previous case may have set a legal precedent, but because the facts of the current case are different, the previous case is not directly applicable. This is different from disputing or overturning a previous decision, as distinguishing a case allows the previous decision to still have legal weight in other cases with similar facts. Reversing a previous case would also completely invalidate the prior decision, which is not what happens when a court distinguishes a case.

Question 18

A habeas corpus proceeding is not a separate proceeding from a defendant's criminal case.

Accepted Answer

The answer of A habeas corpus proceeding is not a...

Question 19

A majority of U.S. Supreme Court justices have to vote to review a case before it can be heard.

Accepted Answer

The answer of A majority of U.S. Supreme Court justices...

Question 20

Say that an appellate court case has a majority of the justices agree with the result in the case, but they cannot agree on the reasons for the result. The opinion with the reasoning agreed to by the largest number of justices is called a:

Accepted Answer

A plurality opinion is written when a majority of justices agree on the outcome of the case but not on the reasoning, and the opinion with the most support becomes the plurality opinion.

Quiz 1: The Court System, Sources of Rights, and Fundamental Principles