Question 1

Which of the following is not one of the three principle sources of laws in the U.S.?
A) Federal and state constitutions
B) Federal and state statutes
C) Presidential proclamations
D) Common (case) law

Accepted Answer

Presidential proclamations are not considered one of the three principal sources of laws in the U.S. The three main sources are federal and state constitutions, federal and state statutes, and common (case) law.

Question 2

The Bill of Rights became applicable to the states in 1868 with the passage of the _____ Amendment. A) 12^th B) 14^th C) 16^th D) 18^th

Accepted Answer

The 14th Amendment, ratified in 1868, is crucial for making the protections of the Bill of Rights applicable to the states through its Due Process and Equal Protection Clauses.

Question 3

__________ is the decision of a court that furnishes authority for an identical or similar case that arises subsequently.
A) Precedent
B) Dictum
C) Holding
D) Ad litem

Accepted Answer

Precedent is a legal principle or rule that is created by a court decision. This decision can then be used as an example or guide to decide similar cases in the future.

Question 4

Which of the following is not one of the reasons for applying the doctrine of stare decisis discussed in the text?
A) Certainty and predictability of the law
B) Equality of application
C) Respect for the prior judgments of an esteemed legal mind
D) Limiting the number of cases filed in a court

Accepted Answer

The doctrine of stare decisis, which means "to stand by things decided," is applied for reasons such as ensuring certainty and predictability of the law, ensuring equality in its application, and showing respect for prior judgments. It does not specifically aim to limit the number of cases filed in court; rather, its focus is on maintaining consistency and stability in legal decisions.

Question 5

Federal courts have original jurisdiction over all of the following types of cases EXCEPT:
A) cases arising under the U.S. Constitution
B) controversies in which the U.S. is a party
C) state constitutions
D) controversies between states

Accepted Answer

Federal courts have original jurisdiction over cases involving the U.S. Constitution, controversies where the U.S. is a party, and disputes between states. However, they do not have original jurisdiction over matters concerning state constitutions, as these are typically handled by the state's own judicial system.

Question 6

Which of the following is not a form of evidence used in federal trials?
A) Testimony
B) Documents
C) Physical evidence
D) Hearsay

Accepted Answer

Hearsay, which is an out-of-court statement offered to prove the truth of the matter asserted, is generally not admissible as evidence in federal trials due to its unreliability, except under certain exceptions. Testimony, documents, and physical evidence are all commonly accepted forms of evidence.

Question 7

How many Supreme Court justices must agree to hear a case before it is presented to the entire Court?
A) 3
B) 4
C) 5
D) 6

Accepted Answer

For a case to be heard by the U.S. Supreme Court, at least four justices must agree to grant the writ of certiorari, a process known as the "rule of four." This rule ensures that a minority of justices can have a case heard by the full Court.

Question 8

Which of the following is the correct citation style for Supreme Court cases reported in the United States Reports?
A) Lafler v. Cooper (2012), 566 U.S. 156
B) (2012) Lafler v. Cooper, 566 U.S. 156
C) Lafler v. Cooper, 566 U.S. 156 (2012)
D) Lafler v. Cooper (566 U.S. 156), 2012

Accepted Answer

The correct citation style for Supreme Court cases reported in the United States Reports is "Case Name, Volume U.S. Page (Year)." Therefore, "Lafler v. Cooper, 566 U.S. 156 (2012)" follows this format accurately.

Question 9

Which of the following is not one of the circumstances in which courts intervene in the correctional administrative process?
A) The statute or policy under which the prison administrator is acting is unconstitutional
B) The act of the prison administrator is outside the scope if his/her authority
C) The procedure used by the prison administrator in decisions affecting the status of a prisoner falls below minimum requirements of due process
D) The moral standards of society have shifted, requiring the judicial intervention in the administration process

Accepted Answer

Courts typically intervene in the correctional administrative process for reasons related to constitutional violations, acts beyond the administrator's authority, or due process failures, not because of shifts in societal moral standards.

Question 10

Under the __________ doctrine, a prison regulation that would impinge on prisoners' constitutional rights is nevertheless valid if it is reasonably related to the prison's legitimate interests.
A) Turner
B) Atkins
C) Cooper
D) Estelle

Accepted Answer

The Turner doctrine, established in Turner v. Safley, holds that a prison regulation that impinges on inmates' constitutional rights can still be valid if it is reasonably related to legitimate penological interests.

Question 11

The U.S. Constitution divides federal power among three branches of government: legislative, executive, and judicial.

Accepted Answer

This division is a fundamental aspect of the U.S. Constitution, designed to ensure a separation of powers and checks and balances among the legislative (Congress), executive (President), and judicial (Supreme Court and lower courts) branches of government.

Question 12

Originally, the Bill of Rights applied to both the federal and state governments.

Accepted Answer

Originally, the Bill of Rights applied only to the federal government. It was through the process of incorporation, primarily via the Fourteenth Amendment, that most of its provisions were made applicable to the states.

Question 13

The practice of using past case law as the basis for current decisions is called 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 ensures consistency and predictability in the law by adhering to precedents set by previous decisions.

Question 14

All court structures include two types of courts: appellate courts and courts of last resort.

Accepted Answer

Court structures typically include trial courts, appellate courts, and may include courts of last resort (such as supreme courts), but not all systems explicitly divide courts into only these two types. Trial courts are also a fundamental part of the court structure.

Question 15

Federal district courts are trial courts for federal criminal prosecutions and civil actions.

Accepted Answer

Federal district courts serve as the trial courts in the federal court system, handling both criminal prosecutions and civil lawsuits under federal law.

Question 16

Though the U.S. Supreme Court receives about 7,000-8,000 petitions each term, it only grants writs of certiorari to approximately 80.

Accepted Answer

The U.S. Supreme Court indeed receives thousands of petitions each term but grants certiorari, agreeing to hear the case, to a very small percentage, roughly around 80, which reflects the Court's capacity and focus on cases of significant legal consequence.

Question 17

Parties may appeal on questions of fact, not questions of law.

Accepted Answer

Parties may appeal on questions of law, but appeals on questions of fact are generally limited and subject to the discretion of the appellate court, which typically reviews the application of law rather than the determination of facts.

Question 18

Until the 1960s, courts adopted a hands-off attitude toward prisons.

Accepted Answer

Until the 1960s, courts generally maintained a hands-off approach towards prisons, refraining from intervening in their administration or the treatment of prisoners, viewing these matters as outside of judicial purview and within the discretion of prison officials.

Question 19

Discuss the role administrative discretion in operating and running prisons.

Accepted Answer

The answer of Discuss the role administrative discretion in operating...

Question 20

Describe all of the information included in the following citation:
Holt v. Hobbs, 574 U.S. 352 (2015).

Accepted Answer

The answer of Describe all of the information included in...

Quiz 1: An Overview of the Judicial System and Correctional Law

Which of the following is not one of the three principle sources of laws in the U.S.?

The Bill of Rights became applicable to the states in 1868 with the passage of the _____ Amendment.

__________ is the decision of a court that furnishes authority for an identical or similar case that arises subsequently.

Which of the following is not one of the reasons for applying the doctrine of stare decisis discussed in the text?

Federal courts have original jurisdiction over all of the following types of cases EXCEPT:

Which of the following is not a form of evidence used in federal trials?

How many Supreme Court justices must agree to hear a case before it is presented to the entire Court?

Which of the following is the correct citation style for Supreme Court cases reported in the United States Reports?

Which of the following is not one of the circumstances in which courts intervene in the correctional administrative process?

Under the __________ doctrine, a prison regulation that would impinge on prisoners' constitutional rights is nevertheless valid if it is reasonably related to the prison's legitimate interests.