Question 1

Identify which of the following refers to asking what the creators of the law intended at the time that the law or constitutional provision was drafted.
A) literalism
B) stare decisis
C) originalism
D) living document

Accepted Answer

Originalism is the judicial interpretation theory that the meaning of a legal document, such as the Constitution, should be understood based on what the authors intended at the time of its creation.

Question 2

The U.S. Supreme Court has original jurisdiction over ______.
A) disputes between states, disputes between the U.S. government and a state, all juvenile death row cases
B) disputes between states, disputes between the U.S. government and a state, disputes between a state and a foreign citizen
C) disputes between states, disputes between the U.S. government and a state, all death row cases
D) disputes between states, disputes between the U.S. government and a state, disputes between a state and its citizen

Accepted Answer

The U.S. Supreme Court has original jurisdiction over disputes between states, disputes between the U.S. government and a state, and disputes between a state and a foreign citizen. This is outlined in Article III, Section 2 of the U.S. Constitution.

Question 3

Identify which of the following is NOT an adequate definition of a system used to select state court judges.
A) appointment-judges are appointed by retiring judges
B) partisan election-candidates run for judicial office under the label of a political party
C) nonpartisan election-candidates run for election without party identification
D) merit selection-the governor appoints candidates considered qualified by a nonpartisan commission

Accepted Answer

Appointment by retiring judges is not a standard or widely recognized method for selecting state court judges. Typically, appointments are made by governors or other political officials, not by retiring judges themselves.

Question 4

Identify the primary function of administrative agencies that deals with developing rules and regulations to be followed by individuals and institutions that fall within their jurisdiction.
A) rulemaking
B) adjudication
C) investigation
D) enforcement

Accepted Answer

The primary function of administrative agencies in developing rules and regulations to be followed by individuals and institutions within their jurisdiction is rulemaking. This involves creating detailed regulations that implement the broad policies set forth in statutes passed by legislatures.

Question 5

Identify which of the following is NOT an opinion of the U.S. Supreme Court.
A) majority opinion
B) minority opinion
C) concurring opinion
D) dissenting opinion

Accepted Answer

The U.S. Supreme Court issues majority opinions, concurring opinions, and dissenting opinions, but not minority opinions. A majority opinion reflects the view of the majority of the justices, a concurring opinion agrees with the majority's conclusion but for different reasons, and a dissenting opinion disagrees with the majority's decision.

Question 6

Identify which of the following is NOT a federal court.
A) district courts, courts of appeal, Supreme Court, US Court of Claims
B) district courts, courts of appeal, Supreme Court, bankruptcy courts
C) district courts, courts of appeal, Supreme Court, divorce courts
D) district courts, courts of appeal, Supreme Court, US Court of International Trade

Accepted Answer

Divorce courts are not federal courts; they are state courts because divorce laws vary by state and are not governed by federal law.

Question 7

Identify which of the following refers to viewing the Constitution as needing interpretation to meet contemporary needs of society.
A) living document
B) stare decisis
C) justiciability
D) originalism

Accepted Answer

The term "living document" refers to the idea that the Constitution is dynamic and should be interpreted in a way that considers the evolving values, needs, and circumstances of contemporary society. This contrasts with a more static interpretation that aims to adhere strictly to the original intentions of the framers.

Question 8

Identify which of the following refers to the reliance on precedent.
A) living document
B) originalism
C) literalism
D) stare decisis

Accepted Answer

Stare decisis is a legal principle that obligates courts to follow historical cases when making a ruling on a similar current or future case. It literally means "to stand by things decided" in Latin.

Question 9

Candidates for judges run for election without party identification. This is referred to as ______.
A) nonpartisan election
B) partisan election
C) merit selection
D) appointment

Accepted Answer

Nonpartisan elections are those in which candidates run for office without formally declaring affiliation with a political party, which is the case described.

Question 10

A number of agencies are authorized by law to adjudicate disputes. The primary function of these agencies concerns handling disputes and is focused on employment discrimination and occupational health ______.
A) rulemaking
B) investigation
C) enforcement
D) adjudication

Accepted Answer

Adjudication is the correct answer because it refers to the legal process of resolving a dispute or deciding a case. The question mentions that the primary function of these agencies is to handle disputes, which directly aligns with the definition of adjudication.

Question 11

Identify from the following, which term refers to looking at the words of a statute or constitutional provision and not analyzing the intent of the drafters.
A) stare decisis
B) originalism
C) literalism
D) living document

Accepted Answer

Literalism involves interpreting legal texts by focusing solely on the explicit meaning of the words, without considering the intent behind them.

Question 12

Identify which of the following attempt to influence lawmakers to support laws that they favor.
A) lobbyists
B) media
C) executives
D) legislators

Accepted Answer

Lobbyists are professionals who are hired to influence lawmakers on behalf of the groups or organizations they represent, aiming to support laws that favor their clients' interests.

Question 13

The governor selecting court judges qualified by a nonpartisan commission is referred to as ______.
A) partisan election
B) nonpartisan election
C) merit selection
D) appointment

Accepted Answer

Merit selection involves a nonpartisan commission that evaluates the qualifications of judicial candidates and selects or recommends the most qualified candidates for appointment by the governor. This process is designed to ensure that judges are chosen based on their qualifications rather than their political affiliations or electoral popularity.

Question 14

The right to determine the meaning of the Constitution and to evaluate whether acts of Congress and the president were authorized by the Constitution is called ______.
A) adjudication
B) judicial review
C) justiciability
D) appeal

Accepted Answer

Judicial review is the power of the courts to assess whether a law is in compliance with the Constitution. This power allows the judiciary to invalidate laws and decisions that are found to be unconstitutional, thereby ensuring that the legislative and executive branches remain within their constitutional limits.

Question 15

Identify which of the following highlights issues and influences public opinion.
A) lobbyists
B) legislators
C) executives
D) media

Accepted Answer

The media plays a crucial role in highlighting issues and influencing public opinion by reporting, analyzing, and disseminating information to the public.

Question 16

Identify from below, the best definition of an adjudication.
A) the initial stage of the trial
B) the stage where judges pick the case they will hear
C) the final selection of jury members
D) the final decision reached by a court

Accepted Answer

Adjudication refers to the legal process by which a judge or a court reviews evidence and arguments, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines the rights and obligations between the parties involved. Thus, it is the final decision reached by a court.

Question 17

The governor selecting and having legislature approve judges is referred to as ______.
A) partisan election
B) nonpartisan election
C) merit selection
D) appointment

Accepted Answer

The process where the governor selects judges and the legislature approves them is known as an appointment.

Question 18

Identify the number of states that have an appellate court below the state supreme court.
A) 1
B) 7
C) 27
D) 39

Accepted Answer

39 states have an intermediate appellate court that serves as a court of appeal below the state supreme court. These courts handle appeals from lower courts before they potentially reach the state supreme court.

Question 19

Identify which one of the primary branches of the UN has the responsibility to deal with issues of economic development, the environment, population, and human rights.
A) general assembly
B) security council
C) economic and social council
D) secretariat

Accepted Answer

The Economic and Social Council (ECOSOC) is responsible for coordinating the economic, social, and related work of 15 UN specialized agencies, their functional commissions, and five regional commissions. It has a broad mandate to advance international economic, social, and environmental development, making it the primary branch of the UN dealing with issues such as economic development, the environment, population, and human rights.

Question 20

The term trial de novo refers to ______.
A) supreme court appeal trial
B) new trial
C) initial trial
D) state court appeal trial

Accepted Answer

A trial de novo is a form of appeal in which the appellate court conducts a new trial as if the original trial had never taken place.

Quiz 3: The Structure and Function of Courts, Legislatures, and Administrative Agencies

Identify which of the following refers to asking what the creators of the law intended at the time that the law or constitutional provision was drafted.

The U.S. Supreme Court has original jurisdiction over ______.

Identify which of the following is NOT an adequate definition of a system used to select state court judges.

Identify the primary function of administrative agencies that deals with developing rules and regulations to be followed by individuals and institutions that fall within their jurisdiction.

Identify which of the following is NOT an opinion of the U.S. Supreme Court.

Identify which of the following is NOT a federal court.

Identify which of the following refers to viewing the Constitution as needing interpretation to meet contemporary needs of society.

Identify which of the following refers to the reliance on precedent.

Candidates for judges run for election without party identification. This is referred to as ______.

A number of agencies are authorized by law to adjudicate disputes. The primary function of these agencies concerns handling disputes and is focused on employment discrimination and occupational health ______.

Identify from the following, which term refers to looking at the words of a statute or constitutional provision and not analyzing the intent of the drafters.

Identify which of the following attempt to influence lawmakers to support laws that they favor.

The governor selecting court judges qualified by a nonpartisan commission is referred to as ______.

The right to determine the meaning of the Constitution and to evaluate whether acts of Congress and the president were authorized by the Constitution is called ______.

Identify which of the following highlights issues and influences public opinion.

Identify from below, the best definition of an adjudication.

The governor selecting and having legislature approve judges is referred to as ______.

Identify the number of states that have an appellate court below the state supreme court.

Identify which one of the primary branches of the UN has the responsibility to deal with issues of economic development, the environment, population, and human rights.

The term trial de novo refers to ______.