Question 1

A previous court decision that influences and is the basis for deciding later, similar cases is called
A) a precedent.
B) criminal law.
C) a judicial maxim.
D) common law.
E) statutory law.

Accepted Answer

A previous court decision that influences and is the basis for deciding later, similar cases is called a precedent. The other answer choices are not accurate descriptions of this concept.

Question 2

The term amicus curiae (friend of the court) brief refers to
A) arguments by those interested in the outcome of a case but who are not parties to the case.
B) a request that the Supreme Court order a lower court to send up the records of a case.
C) a Supreme Court order barring further testimony during oral arguments.
D) the belief that the Supreme Court should actively practice judicial review.
E) None of the above is true.

Accepted Answer

An amicus curiae (friend of the court) brief is a legal document submitted to a court by someone who is not a party to a case but has a strong interest in the outcome. The purpose of the brief is to provide the court with additional information or arguments that may assist the court in making its decision.

Question 3

With regard to constitutions
A) the U.S. Constitution is the supreme law of the land.
B) state constitutions are supreme within state borders, unless they conflict with the U.S. Constitution.
C) the state constitution of one state may affect law in another state.
D) Both A and B.
E) Both A and C.

Accepted Answer

The correct choice is D because both A and B are true. The US Constitution is the supreme law of the land, which means that no state or local law can contradict it. State constitutions are also supreme within state borders, but only if they do not conflict with the US Constitution. Therefore, if a state constitution conflicts with the US Constitution, the US Constitution takes precedence. The state constitution of one state generally does not affect the law in another state.

Question 4

Sources of American law include all of the following except A) the U.S. Constitution and state constitutions. B) case law. C) statutes passed by legislatures. D) administrative regulations. E) the charter of the United Nations.

Accepted Answer

The charter of the United Nations is not a source of American law as it is an international document and not directly related to the laws within the United States. The other options listed are all sources of American law.

Question 5

Almost all cases involving civil liberties or racial or gender discrimination are brought to trial by
A) a single individual plaintiff.
B) interest groups.
C) the federal government.
D) state governments.
E) None of the above.

Accepted Answer

Interest groups often bring cases involving civil liberties or discrimination to trial, as they aim to protect the rights and interests of their members or the broader community. While individual plaintiffs may also bring such cases, they are less common due to the cost and resources involved. The federal and state governments may also bring cases in certain situations, but they are not the most common initiators of such lawsuits.

Question 6

Most American law is based on
A) French philosophy regarding the rights of man.
B) the Bible.
C) the English common law tradition.
D) Roman law.
E) the writings of Thomas Jefferson.

Accepted Answer

American law is based on the English common law tradition, which developed over centuries in England and was brought over to the American colonies. Many of the principles and precedents established in English law were incorporated into American law through the adoption of state and federal constitutions and statutes.

Question 7

Which of the following are important requirements that must be met before a case can be brought to court?
A) issues must be political questions
B) jurisdiction and standing to sue
C) precedents and stare decisis
D) judicial maxims
E) requirements for legislation

Accepted Answer

Jurisdiction and standing to sue are important requirements that must be met before a case can be brought to court. Jurisdiction is the authority of a court to hear and decide a case, while standing to sue means that a plaintiff must have a sufficient stake or interest in the outcome of the lawsuit. The other choices are not relevant to the requirements for bringing a case to court.

Question 8

A question that has to do with the U.S. Constitution, acts of Congress, or treaties is known as a __________ question.
A) justiciable
B) political
C) federal
D) national
E) legal

Accepted Answer

A question involving the U.S. Constitution, acts of Congress, or treaties is typically referred to as a "federal" question, as it pertains to federal law.

Question 9

The U.S. Constitution
A) is the supreme law of the land.
B) is subordinate to state constitutions in many matters.
C) does not specify the details of state and federal powers, instead leaving that up to Congress.
D) outlines the details of various state criminal codes.
E) outlines the details of court case law.

Accepted Answer

The U.S. Constitution is considered the supreme law of the land, meaning it takes precedence over state laws and constitutions.

Question 10

A class-action suit is one in which
A) every person with standing to sue does so simultaneously.
B) a suit is brought by one or more people which seeks damages for all who are similarly affected.
C) standing to sue is based on socio-economic class.
D) Both A and C.
E) None of the above.

Accepted Answer

A class-action suit is brought by one or more people (the "lead plaintiffs") on behalf of themselves and others who are similarly situated or affected by the same alleged wrong. The lead plaintiffs represent the interests of the entire class in seeking damages or other relief. Option A is incorrect because not every person with standing to sue needs to participate in a class-action suit. Option C is incorrect because standing to sue is based on whether a person has suffered an injury or harm, not on socio-economic class. Option D is partially incorrect, as only option B describes the nature of a class-action suit.

Question 11

Standing to sue is
A) determined by whether or not a court has jurisdiction over the matter.
B) determined by whether or not the Supreme Court will hear a case.
C) determined by whether or not a person or group has suffered harm as a result of the action that led to the dispute in question.
D) the decorum that is expected in dealing with the Supreme Court during trial.
E) also known as stare decisis.

Accepted Answer

Standing to sue refers to the legal right of a person or group to bring a lawsuit in court. To establish standing, a person or group must have suffered harm or be at immediate risk of suffering harm as a result of the action that led to the dispute in question.

Question 12

Most court cases are decided on precedent because
A) it is important to set a uniform common set of rules for the country.
B) judges would rather play it safe and reuse old decisions.
C) it is easier for recording-keeping purposes.
D) the established body of judge-made law covers all cases that might come up.
E) Options B and C are true.

Accepted Answer

Precedent allows for consistency and predictability in the law, which is important for individuals and businesses to be able to understand and comply with the law. It also ensures that similarly situated individuals or cases are treated similarly, promoting fairness and equality under the law. By following precedent, the legal system is able to establish a uniform set of rules that apply nationwide.

Question 13

The doctrine of stare decisis
A) means to reverse the decision of a lower court.
B) says that the court does not have jurisdiction in a case.
C) allows the court to refer a case to the next highest court.
D) is the policy of following precedent established by past decisions to decide cases.
E) means strict interpretation.

Accepted Answer

The doctrine of stare decisis means to follow precedent established by past decisions to decide current cases. It is the policy of the court to stick to previous rulings unless there is a compelling reason to overturn them. Option A is incorrect because stare decisis is the opposite of reversing a lower court decision. Option B is incorrect because jurisdiction refers to the court's authority to hear a case. Option C is incorrect because there are specific rules for when a court can refer a case to a higher court, and it is not related to the doctrine of stare decisis. Option E is incorrect because strict interpretation is a legal approach that emphasizes the precise wording of laws or the constitution, and it is not directly related to the principle of stare decisis.

Question 14

The United States has a dual court system, meaning there are
A) civil and criminal courts.
B) misdemeanor and felony courts.
C) state and federal courts.
D) state and local courts.
E) district and territorial courts.

Accepted Answer

The dual court system in the United States refers to the division of courts between state and federal jurisdictions. State courts hear cases that involve state laws and are generally the first court to hear a case. Federal courts hear cases that involve federal laws or the Constitution and have jurisdiction over cases that involve disputes between states, or between citizens of different states. Therefore, the best choice is C) state and federal courts.

Question 15

Alexis de Tocqueville, an observer of nineteenth-century American society, indicated that Americans rely on courts
A) to resolve political questions.
B) very rarely when compared to Europe.
C) only if there is no other alternative.
D) to resolve economic questions, but not political ones.
E) to provide a form of entertainment.

Accepted Answer

Tocqueville observed that Americans often turn to the courts to resolve political questions, reflecting the significant role of the judiciary in American society.

Question 16

In the United States
A) the judiciary is not part of the political arena.
B) judges interpret the law becoming actors in the political arena.
C) judges work outside of the political system to resolve disputes.
D) judges are not policymakers when they interpret the law.
E) Options A and C are true.

Accepted Answer

Judges interpret the law, which inherently requires them to make decisions that can have political implications and therefore makes them actors in the political arena. While they are not elected officials and are supposed to be impartial, their decisions can have lasting impacts on public policy and can shape the development of the law, making them a form of policymaker.

Question 17

Judicial interpretations of common law principles and doctrines, constitutional law, statutory law, and administrative law is
A) called case law.
B) called judicial review.
C) a power of federal but not state courts.
D) a power of state but not federal courts.
E) not permitted of any court in the United States.

Accepted Answer

Judicial interpretations of common law principles and doctrines, constitutional law, statutory law, and administrative law is referred to as case law. Judges use past rulings on similar cases to help determine the outcome of current cases. These past rulings collectively make up the body of case law.

Question 18

In the appeals court
A) witnesses and testimony are presented to the jury.
B) grand juries decide if there is enough evidence to have a trial.
C) attorneys from both sides try to work out an agreement.
D) judges review lower court case records to determine if there is evidence of an error.
E) All of the above are true.

Accepted Answer

In the appeals court, judges review lower court case records to determine if there was an error. Witnesses and testimony are not presented to the jury as there is no jury in an appeals court. Grand juries do not decide if there is enough evidence to have a trial in an appeals court, and attorneys from both sides do not try to work out an agreement as the purpose of an appeals court is to review and possibly overturn the decisions made in a lower court. Therefore, option D is the correct answer.

Question 19

U.S. district courts
A) are courts of intermediate appellate courts.
B) have final appellate jurisdiction to review cases.
C) are the state courts.
D) are the trial courts of the federal system.
E) are courts of limited jurisdiction.

Accepted Answer

U.S. district courts are the trial courts of the federal system, responsible for hearing and deciding most federal cases, including civil and criminal trials. They have original jurisdiction, meaning cases are typically heard for the first time in the district court, rather than being appealed from a lower court.

Question 20

Jurisdiction refers to
A) rules and principles announced in court decisions.
B) the authority of a court to hear and decide a particular class of cases.
C) the constitutionality of a law.
D) statutory law.
E) common law.

Accepted Answer

Jurisdiction refers to the authority of a court to hear and decide a particular class of cases. It determines which court has the power to make a decision in a legal dispute, based on the location of the parties involved, the subject matter of the case, and the type of court involved.

Quiz 14: The Courts

A previous court decision that influences and is the basis for deciding later, similar cases is called

The term amicus curiae (friend of the court) brief refers to

With regard to constitutions

Sources of American law include all of the following except

Almost all cases involving civil liberties or racial or gender discrimination are brought to trial by

Most American law is based on

Which of the following are important requirements that must be met before a case can be brought to court?

A question that has to do with the U.S. Constitution, acts of Congress, or treaties is known as a __________ question.

The U.S. Constitution

A class-action suit is one in which

Standing to sue is

Most court cases are decided on precedent because

The doctrine of stare decisis

The United States has a dual court system, meaning there are

Alexis de Tocqueville, an observer of nineteenth-century American society, indicated that Americans rely on courts

In the United States

Judicial interpretations of common law principles and doctrines, constitutional law, statutory law, and administrative law is

In the appeals court

U.S. district courts

Jurisdiction refers to