Question 1

________ protects federal judges from political pressure by granting them life tenure.

Accepted Answer

Article III of the U.S. Constitution protects federal judges by granting them life tenure, which means they cannot be removed from office except through impeachment. This provision helps ensure that judges are not subject to political pressures that might affect their decisions. The other options listed do not specifically address the issue of judicial tenure.

Question 2

The government is always the plaintiff in ________ law.

Accepted Answer

The government acts as the plaintiff in criminal law cases because criminal law deals with violations of laws that are considered to be offenses against society as a whole, rather than against individuals. Public law, common law, and tort law can involve government actors, but they do not exclusively involve the government as the plaintiff.

Question 3

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 had the power of judicial review but did not have the power to enforce its rulings or make laws. Congress, the president, and the bureaucracy all have more direct and immediate powers that could be more easily abused.

Question 4

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

Accepted Answer

The answer of About ________ percent of all cases in...

Question 5

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

Accepted Answer

The doctrine of stare decisis requires courts to follow authoritative prior decisions when ruling on a case. This means that once the court has made a decision on a particular legal issue, lower courts are bound to follow that decision in future cases involving the same issue.

Question 6

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 due process of law is a constitutional right that protects individuals from being denied their legal rights. If the man's home was searched without a warrant, it could be argued that he was denied due process of law, as police did not follow proper legal procedures.

Question 7

Medical malpractice suits are good examples of ________ cases.

Accepted Answer

Medical malpractice suits fall under tort law, which deals with personal injury or harm caused by one person to another, often due to negligence or wrongdoing.

Question 8

If a defendant is found not guilty in a criminal case, the government is

Accepted Answer

If a defendant is found not guilty in a criminal case, the government is generally not entitled to appeal the verdict, as the Fifth Amendment to the U.S. Constitution includes the principle of double jeopardy, which prohibits a person from being tried for the same offense after being acquitted. Therefore, as the verdict in the criminal case is final, the government cannot appeal it, except in certain limited circumstances (such as if there was a legal error during the trial).

Question 9

The first court to hear a case is called a(n) ________ court.

Accepted Answer

The first court to hear a case is typically a trial court. Supreme courts and appellate courts are higher level courts that hear appeals or review decisions made by lower level courts. Advisory courts do not have the authority to make binding decisions but provide recommendations or advice.

Question 10

________ and ________ are the two most common types of civil law cases.

Accepted Answer

Contracts and torts are the two most common types of civil law cases. Contracts are legal agreements between parties that can be breached, while torts refer to civil wrongs that cause harm or injury to another party. Habeas corpus is a legal action that seeks to release someone who is being unlawfully detained, but it is not a type of civil law case. Stare decisis is a legal principle that requires courts to follow previous decisions in similar cases, but it is not a type of civil law case either.

Question 11

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.

Question 12

Cases in which the U.S. government is a party are

Accepted Answer

Cases in which the U.S. government is a party are always heard in a federal court. This is because the U.S. government is a sovereign entity and is therefore subject to federal jurisdiction, rather than state jurisdiction.

Question 13

The essence of the rule of law is

Accepted Answer

The essence of the rule of law is to ensure that "the state" and its officials are judged by the same laws as the citizenry. This means that there is equality before the law and that no one is above the law, including government officials. While having a supreme court and a government with different branches can contribute to upholding the rule of law, they are not the essence of it. Ensuring that the same laws apply to all is fundamental to the concept of the rule of law.

Question 14

Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake

Accepted Answer

Cases involving citizens of more than one state and more than $75,000 at stake fall under the jurisdiction of federal courts, but they may also be heard in state courts. The plaintiff usually has the option to choose which court to file the case in, depending on their preference. The U.S. Supreme Court is not involved in these cases unless they have gone through the appeals process and have been granted certiorari.

Question 15

The Administrative Procedure Act is important in civil law because it

Accepted Answer

The Administrative Procedure Act (APA) established uniform procedures for federal agencies to follow in rule making, adjudication, and other administrative actions. This makes it an important law in civil law as it governs agency rule making, ensuring that agencies follow proper procedures and that the public has an opportunity to participate in the rule-making process. The other choices, B, C, and D, are incorrect as they do not relate to the purpose and scope of the APA.

Question 16

In a typical tort case,

Accepted Answer

In a typical tort case, one individual (the plaintiff) brings a claim against another individual or entity (the defendant), alleging that they have been injured by the defendant's negligence or intentional misconduct. The defendant has the right to appeal the verdict if they lose, and the plaintiff also has the right to appeal if they feel the verdict was unfair or incorrect. The government is not typically involved in a tort case unless there are criminal charges involved.

Question 17

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

Accepted Answer

A private individual suing a company for breaking a contract falls under civil law, which deals with disputes between private individuals or organizations.

Question 18

A writ of habeas corpus declares that

Accepted Answer

A writ of habeas corpus is a legal order that requires a person who is being detained or imprisoned to be brought before a court or judge, so that the legality of the detention or imprisonment can be examined. The purpose of the writ is to ensure that a person is not being held in custody without just cause. Therefore, option A is the correct answer.

Question 19

In ________ cases, the losers cannot be fined or incarcerated by the state.

Accepted Answer

In civil law cases, the losers cannot be fined or incarcerated by the state. This is different from criminal law cases, where the state can impose fines or incarceration as punishment, and appellate and common law cases where the outcome may result in changes to legal precedent, but do not involve fines or incarceration of the losers.

Question 20

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

Accepted Answer

A plea bargain occurs when the defendant admits guilt in exchange for a reduced sentence or charges. It avoids the need for a full trial and is a common practice in the criminal justice system. A misdemeanor is a less serious criminal offense, a writ of certiorari is a legal order to review a case, and mediation is a form of alternative dispute resolution outside of the criminal justice system.

Quiz 15: The Federal Courts