Question 1

Trial courts are more apt to interpret the law, whereas appellate courts are more apt to apply the law and make public policy.

Accepted Answer

Trial courts are responsible for applying the law to a particular case, while appellate courts are responsible for reviewing the application of the law by the trial court and ensuring that it is consistent with legal principles and public policy. Therefore, appellate courts are more likely to interpret the law and make public policy.

Question 2

Most criminal and civil cases are settled out of court.

Accepted Answer

This statement is true. The majority of legal cases are resolved through settlements, plea bargains, or alternative dispute resolution methods such as mediation, rather than going to trial in a courtroom.

Question 3

Crime rates are down, but incarceration rates are rising.

Accepted Answer

This statement is true. According to data from the Bureau of Justice Statistics, crime rates in the United States have been declining since the 1990s, but the number of people incarcerated has continued to rise due to factors such as harsh sentencing laws and policies.

Question 4

The legal doctrine that precedents should guide judges' rulings is called stare decisis.

Accepted Answer

Stare decisis is the legal doctrine that precedents should guide judges' rulings.

Question 5

List and discuss the five methods by which judges are selected.In your opinion, which method is best? Why?

Accepted Answer

The answer of List and discuss the five methods by...

Question 6

The most practical and popular method for removing judges is the popular recall.

Accepted Answer

The most practical and popular method for removing judges is typically through impeachment or disciplinary actions by judicial conduct boards, not popular recall, which is less common.

Question 7

Electing judges in partisan elections gained popularity during the Jacksonian era.

Accepted Answer

During the Jacksonian era in the United States (1829-1837), there was a push for greater democracy and popular participation in government, including the election of judges in partisan elections. This practice gained popularity in many states and continues to be used in some states today.

Question 8

In the late 1930s, the American Bar Association recommended that states adopt methods of selecting judges that were based on "merit plans." The first state to adopt this idea was Minnesota in 1940.

Accepted Answer

The first state to adopt a merit-based plan for selecting judges was Missouri in 1940, not Minnesota.

Question 9

Judicial activism consists of judges making public policy through decisions that overturn existing law or effectively make new laws.

Accepted Answer

Judicial activism involves judges interpreting the law in a way that goes beyond the text and making decisions that have a broader impact. This can result in the creation of new legal precedents, as well as the overturning of existing laws or policies.

Question 10

Appellate courts hold a second trial, which includes hearing testimony from plaintiffs, defendants, and witnesses.

Accepted Answer

Appellate courts do not hold a second trial. Instead, they review the record of the previous trial and arguments made by the parties to determine if any errors were made in the trial court's decision.

Question 11

There is a striking inconsistency in the lockup rate of African Americans, who are seven times as likely to be incarcerated as whites.

Accepted Answer

According to statistics, African Americans are indeed seven times more likely to be locked up than white Americans, pointing to a notable inconsistency in the justice system.

Question 12

The basic merit plan involves three steps and is commonly referred to as the Missouri Plan.

Accepted Answer

The Missouri Plan is a common method for selecting judges in the United States, but it is not specifically related to merit plans. However, the basic merit plan typically involves three steps: application, testing and evaluation, and selection based on qualifications and performance.

Question 13

Appellate court rulings are issued by a panel of at least five judges.

Accepted Answer

Appellate court rulings are typically issued by a panel of three judges, not five.

Question 14

In most states, politics has little influence on the selection of judges.

Accepted Answer

In many states, judges are elected by the public or appointed by elected officials, making politics a significant factor in the selection process. Political affiliations and perspectives can also impact judicial nominations at the federal level. While some states have adopted nonpartisan selection methods, such as merit-based appointments, politics can still play a role in the process.

Question 15

The term judicial federalism refers to a trend in which state courts look first at state constitutional and statutory law in rendering legal judgments on important state and local issues.

Accepted Answer

Judicial federalism is a concept in which state courts prioritize state laws and constitutions over federal laws and constitutions in their legal judgments regarding state and local issues.

Question 16

Identify the tiers of the state court system, and discuss the particular range of responsibilities of each tier.

Accepted Answer

The answer of Identify the tiers of the state court...

Question 17

In Idaho and Montana, the legislature appoints state judges.

Accepted Answer

In Idaho and Montana, state judges are elected by the people, not appointed by the legislature.

Question 18

Front-door strategies in criminal justice include alternative sentencing programs, such as community service.

Accepted Answer

Front-door strategies in criminal justice refer to interventions and programs that aim to prevent individuals from entering the criminal justice system. Alternative sentencing programs, such as community service, are one example of a front-door strategy. These programs offer individuals the opportunity to complete court-ordered requirements outside of the traditional punishment of incarceration or probation.

Question 19

The best way to reduce the backlog of cases in the court system is by adding new judgeships.

Accepted Answer

Adding new judgeships is one approach, but it may not be the best or only solution. Other methods like improving court efficiency, using technology, and alternative dispute resolution can also effectively reduce backlogs.

Question 20

The five methods for selecting judges are legislative selection, partisan election, nonpartisan election, the merit plan, and gubernatorial appointment.Each selection plan has certain advantages and disadvantages-there is no "one best way."

Accepted Answer

This statement is true. Each selection plan has pros and cons, and the most effective method may vary depending on the circumstances and preferences of a given political system.

Quiz 9: The Judiciary