Question 1

Prior cases whose principles are used by judges to decide current cases are called ________.

Accepted Answer

Precedents are prior cases whose principles are used by judges to decide current cases. Public law refers to the relationship between individuals and the government. En banc decisions refer to when all judges on a court hear a case together. Common law is a body of law developed through judicial decisions. Ex post facto cases refer to laws that punish actions that were not illegal when they were committed.

Question 2

________ occurs when a criminal case is resolved through a negotiated agreement before a full trial is completed.

Accepted Answer

A plea bargain is a negotiated agreement between the prosecutor and defendant in a criminal case to resolve the case without going to trial. The defendant agrees to plead guilty or no contest to a lesser charge, or to a reduced sentence, and in exchange, the prosecutor drops more serious charges or recommends a lower sentence to the judge. This is a common way to resolve criminal cases and can save time and costs associated with a full trial.

Question 3

If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied ________.

Accepted Answer

The denial of a legal warrant for search and seizure could be considered a violation of the defendant's due process rights under the Fourth Amendment of the United States Constitution. Therefore, the defendant could argue in court that he had been denied the due process of law.

Question 4

There are ________ U.S. district courts.

Accepted Answer

There are 94 U.S. district courts spread across the United States, including Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. Each district court serves as a trial court at the federal level, handling both civil and criminal cases.

Question 5

About ________ percent of all cases in the United States are heard in state courts.

Accepted Answer

About 99 percent of all cases in the United States are heard in state courts.

Question 6

Prisoners who are challenging their convictions are most likely to seek a writ of ________.

Accepted Answer

A writ of habeas corpus is a legal action that enables prisoners or detainees to challenge their detention or imprisonment in court. It provides a mechanism for individuals who believe they are being held unlawfully to seek relief and have their case reviewed by a judge. As such, it is the most commonly sought writ by prisoners who are challenging their convictions. Options B, C, D, and E are not relevant to the situation described in the question.

Question 7

The area of authority possessed by a court, in terms of either subject area or geography, is called its ________.

Accepted Answer

Jurisdiction refers to the area or subject matter over which a court has authority.

Question 8

The jurisdiction of each federal court is derived from ________.

Accepted Answer

The jurisdiction of federal courts is derived from the Constitution and federal law, specifically Article III of the Constitution and various federal statutes such as the Judicial Code. This grants federal courts the authority to hear certain types of cases, including disputes involving federal law, the Constitution, and cases between citizens of different states. The Supreme Court is the highest court in the federal system but its jurisdiction is also derived from the Constitution and federal law. The jurisdiction of federal courts is not derived from state laws, state constitutions, or the president.

Question 9

In what type of law is the government always the plaintiff?

Accepted Answer

In criminal law, the government is always the plaintiff because it prosecutes individuals or entities accused of violating laws that are considered offenses against the state or public.

Question 10

Which of the following is the essence of the rule of law?

Accepted Answer

The essence of the rule of law is that no one, including government officials, is above the law. This means that government officials must be judged by the same laws as the rest of the citizens. While the other options are important aspects of the rule of law, they do not capture the essence of it as well as option D.

Question 11

The right of due process is best described as the right of

Accepted Answer

The right of due process is the right of every person not to be treated arbitrarily by a government official or agency. It ensures that individuals receive fair treatment through the legal process, and that they have the opportunity to argue their case and be heard. This right is a fundamental principle of the American legal system, and is protected by the Fifth and Fourteenth Amendments to the U.S. Constitution. The other options are not accurate descriptions of the right of due process.

Question 12

All of the following are part of the official jurisdiction of the federal courts EXCEPT

Accepted Answer

The federal courts have jurisdiction over cases involving citizens of more than one state where the amount at stake is more than $75,000. Therefore, option D is incorrect as it mentions cases where less than $75,000 is at stake.

Question 13

In most circumstances, a supreme court is best described as a(n)________ court.

Accepted Answer

A supreme court is typically an appellate court, meaning it has the power to review and potentially overturn decisions made by lower courts. It is not a trial court, which is responsible for hearing and verdicts in initial legal proceedings. It is not uniform, as different supreme courts may have varying jurisdiction and powers. It is not advisory, as it does not offer opinions or recommendations on legal matters unless specifically asked to do so by another branch of government. It is not elected, as judges are typically appointed rather than elected to their positions.

Question 14

What did the framers call the "least dangerous branch"?

Accepted Answer

The framers referred to the Supreme Court as the "least dangerous branch" because it lacked the power of the purse and the sword, and relied solely on the other branches to enforce its rulings.

Question 15

A writ of habeas corpus declares that

Accepted Answer

A writ of habeas corpus orders a person who is being detained to be brought before a court or judge so that the legality of the detention can be reviewed. It is a legal remedy that ensures that individuals are not being held in custody without any legal cause.

Question 16

The doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case.

Accepted Answer

Stare decisis is the doctrine that requires courts to follow previous authoritative decisions when making rulings on a case. This means that lower courts must follow the decisions of higher courts, and that previous cases with similar facts must be decided in the same way as the original case.

Question 17

When a private individual brings a suit against a company for breaking a contract, this is an example of ________ law.

Accepted Answer

Civil law pertains to disputes between private individuals or entities, including breach of contract cases. Criminal law, on the other hand, involves violations of laws that are deemed harmful to society and can result in penalties such as fines or imprisonment. Public law involves legal matters that affect the government or society as a whole, such as constitutional or administrative law. Constitutional law deals with the interpretation and application of a country's constitution, while common law derives from court decisions and precedents rather than legislative statutes.

Question 18

The party that brings a complaint in court is called the ________, and the one against whom the complaint is brought is called the ________.

Accepted Answer

The party that brings a complaint in court is the plaintiff, while the one against whom the complaint is brought is the defendant. Option A and E are the reverse of the correct answer, while option B is not related to the question. Option D refers to neither of the parties involved in a court case.

Question 19

The phrase stare decisis means

Accepted Answer

Stare decisis is a Latin phrase meaning "let the decision stand." It refers to the principle of following established legal precedents when making decisions in a similar case.

Question 20

________ is designed to protect federal judges from political pressure by granting them life tenure.

Accepted Answer

Article III of the U.S. Constitution grants federal judges life tenure to protect them from political pressure and ensure that they can make impartial decisions without fear of losing their jobs. This allows judges to interpret the law without interference from other branches of government and helps to maintain the separation of powers.

Quiz 15: The Federal Courts