Question 1

Diversity of citizenship
A) is when a citizen holds dual citizenships and must choose one.
B) exists when the parties to a lawsuit are from different states.
C) exists when the parties to a lawsuit are from different countries.
D) None of the above is true.
E) Options B and C are true.

Accepted Answer

Diversity of citizenship exists when the parties to a lawsuit are from different states (B) or from different countries (C), allowing federal courts to have jurisdiction.

Question 2

Interest groups play an important role in our judicial system because
A) they have the opportunity to veto judicial nominations.
B) they help to fund the judicial review board.
C) Madison stipulated their role in Federalist #10.
D) they bring to trial cases of discrimination, civil liberties cases, and more than a third of cases involving business matters.
E) they frequently are defendants in class-action suits.

Accepted Answer

Interest groups bring a significant number of cases to trial, particularly those related to civil liberties, discrimination, and business matters. This reflects the important role they play in shaping the judicial system and ensuring that important social and economic issues are heard in court. While interest groups may also be involved in other aspects of the judicial system, such as judicial nominations or class-action lawsuits, these are not as central to their overall impact on the judiciary.

Question 3

The body of judge-made law is known as
A) administrative regulations.
B) criminal law.
C) judicial maxims.
D) common law.
E) statutory law.

Accepted Answer

The body of judge-made law is known as common law, which is a legal system where judicial decisions are based on previous rulings in similar cases.

Question 4

Sharia law applied to mediation and arbitration in a divorce within the Muslim community
A) is supreme over state laws if both parties agree.
B) is supreme over the Constitution if both parties agree.
C) is reviewed by a court to determine if the decision is not grossly unfair or undermines public policy.
D) can be applied if one party agrees and the other disagrees.
E) All of the above are true.

Accepted Answer

Sharia law can be applied to mediation and arbitration in a divorce within the Muslim community if both parties agree. However, the decision is subject to review by a court to ensure it is not grossly unfair or undermines public policy. This is to ensure that the decision is in line with the laws of the state and the Constitution. Sharia law cannot be supreme over state laws or the Constitution, as they are the highest law of the land. Additionally, if one party does not agree to the application of Sharia law, it cannot be applied. Therefore, option C is the most accurate answer.

Question 5

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 serves as a basis for deciding later, similar cases is called a precedent. This is a key feature of the common law system followed in many countries, including the United States. Precedents help ensure consistency and predictability in the interpretation and application of the law.

Question 6

The United States 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 United States Constitution is the supreme law of the land, meaning it takes precedence over all other laws and regulations.

Question 7

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

The answer of Alexis de Tocqueville, an observer of nineteenth-century...

Question 8

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

In the United States, judges interpret the law and their decisions can have a significant impact on policy and politics. This makes them actors in the political arena. While they are not elected officials, their role in interpreting the law means they are not entirely outside of the political system. However, they are expected to base their decisions on the law rather than personal policy preferences, so they are not considered policymakers in the traditional sense. Therefore, option B is the best choice.

Question 9

To engage in legal proceedings or seek relief in a court of law is to
A) negotiate.
B) submit a brief of amicus curiae.
C) litigate.
D) exercise judicial review.
E) exercise jurisdiction.

Accepted Answer

To engage in legal proceedings or seek relief in a court of law is to litigate.

Question 10

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

The English common law tradition heavily influences American law, as the United States was a former British colony and adopted many of its legal practices. While there are certainly elements of French philosophy, the Bible, Roman law, and the writings of Thomas Jefferson that may have influenced American law in some capacity, the English common law tradition is the foundation on which most American law is built.

Question 11

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 past decisions or precedents when deciding current cases. It is the policy of the court to rely on previous decisions and not overturn them unless there is a compelling reason to do so.

Question 12

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

The answer of A question that has to do with...

Question 13

Case law
A) plays a minor role in decisions made by the courts.
B) includes judicial interpretations of common law principles and doctrines.
C) includes interpretations of constitutional provisions, statues, and administrative agency.
D) rules are determined by the president and Congress.
E) Options B and C are true.

Accepted Answer

Case law includes judicial interpretations of common law principles and doctrines as well as interpretations of constitutional provisions, statues, and administrative agency. Therefore, options B and C are both true. Case law plays a significant role in decisions made by the courts, as it provides guidance and precedent for judges to follow when making their rulings. Rules are not determined by the President and Congress, but rather are established by statutes and regulations, which may be subject to interpretation by the courts through the development of case law.

Question 14

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 helps to establish a consistent and predictable legal system, which is important for maintaining the rule of law and ensuring that similar cases are treated in a similar manner. By relying on precedent, courts can avoid making arbitrary or inconsistent decisions and can promote fairness and equality in the justice system.

Question 15

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

Accepted Answer

The United States has a dual court system consisting of state courts and federal courts. State courts handle cases that involve state law, while federal courts handle cases that involve federal law or constitutional matters. This system ensures that both levels of government have their own court systems to interpret and enforce the law.

Question 16

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 essential requirements that must be met before a case can be brought to court. Jurisdiction determines whether a court has the legal authority to hear a case, while standing to sue refers to the plaintiff's right to bring a lawsuit based on their injuries or harm suffered. The other options are not relevant requirements for bringing a case to court.

Question 17

Sources of American law include all of the following  $\bold{except}$
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 pertains to international law and relations, rather than domestic law in the United States. The other options are all sources of American law, with the U.S. Constitution and state constitutions being the highest authority, followed by statutes, case law, and administrative regulations.

Question 18

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) the 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 hear a case and make a decision that is legally binding.

Question 19

Which of the following is true?
A) Most lawsuits are heard in state rather than federal courts.
B) Most lawsuits are heard in federal rather than state courts.
C) All cases heard in state court may be appealed to federal courts.
D) Cases heard in state court may be appealed to federal court if they case involves a federal question.
E) Options A and D are true.

Accepted Answer

Most lawsuits are heard in state courts, and cases can be appealed to federal courts if they involve a federal question.

Question 20

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 means that a person or group has the legal right to bring a lawsuit. To establish standing, a person or group must have suffered harm or have been threatened with harm as a result of the action that led to the dispute in question. Without standing, the court cannot hear the case.

Quiz 13: The Courts

Diversity of citizenship

Interest groups play an important role in our judicial system because

The body of judge-made law is known as

Sharia law applied to mediation and arbitration in a divorce within the Muslim community

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

The United States Constitution

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

In the United States

To engage in legal proceedings or seek relief in a court of law is to

Most American law is based on

The doctrine of stare decisis

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

Case law

Most court cases are decided on precedent because

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

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

Sources of American law include all of the following except\bold{except}except

Jurisdiction refers to

Which of the following is true?

Standing to sue is

Sources of American law include all of the following $\bold{except}$