Question 1

If a defendant is convicted of robbery in a trial court,he or she may choose to refile the case in a higher court,such as

Accepted Answer

If a defendant is convicted of robbery in a trial court, their next option would be to file an appeal in a higher court, such as a court of appeals. Option A is not possible as the case has already been heard in that court. Option B and C are not typical options as a case would not be refiled in another trial court or a secondary court. Option D is not a recognized term in the legal system.

Question 2

Ninety-nine percent of all court cases in the United States are heard in which of the following venues?

Accepted Answer

State and local courts handle the majority of cases in the United States, including criminal and civil cases, as well as family and small claims cases. The Supreme Court, federal district courts, federal appellate courts, and military tribunals handle a much smaller percentage of cases.

Question 3

Under which condition would a criminal case enter the realm of public law?

Accepted Answer

If the defendant claims that their constitutional rights were violated, the case may enter the realm of public law. This is because constitutional rights are guaranteed by the government and any violation of these rights becomes a matter of public concern.

Question 4

In a medical malpractice case,an individual alleges that he or she has been injured by another's negligence or malfeasance.Medical malpractice cases such as this involve which kind of law?

Accepted Answer

Medical malpractice cases typically involve a claim of negligence on the part of the healthcare provider, which is a type of tort law. Tort law involves cases where one party's actions (or lack of actions) have caused harm to another party, and the injured party seeks compensation. Contract law would only be relevant if there was a contractual relationship between the healthcare provider and the patient. Criminal law and public law would not be applicable in a typical medical malpractice case. Natural law is a philosophical concept and not a category of law.

Question 5

In a court case,the party that brings charges is called the

Accepted Answer

In a court case, the party who brings the charges is called the plaintiff.

Question 6

The court that initially hears a criminal or civil case is the __________ court.

Accepted Answer

Trial courts are the first level of the court system where cases are initially filed and heard, including both criminal and civil cases. They are responsible for hearing evidence, making findings of fact, and applying the relevant law to reach a verdict or judgment.

Question 7

Smith Manufacturing Corporation charges that Jones Distributors failed to honor an agreement to deliver raw materials at a specified time,causing Smith to lose business.Smith asks the court to order Jones for compensation for damage that was allegedly suffered.This is an example of a typical __________ case.

Accepted Answer

This is a contractual dispute between Smith Manufacturing Corporation and Jones Distributors, making it a contract case.

Question 8

Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake may be heard in either the federal or the state courts,usually depending on the preference of the

Accepted Answer

The plaintiff initiates the civil case and has the option to choose which court - federal or state - to bring the case to. The defendant may also have a preference, but ultimately it is the plaintiff's decision.

Question 9

A dispute over the jurisdiction of the Department of Agriculture has been filed in the federal courts.What is the case classified as?

Accepted Answer

The case deals with a dispute over the jurisdiction of the Department of Agriculture, which is an administrative issue. Therefore, the case would be classified as administrative law since it relates to the functioning of a government agency.

Question 10

In the United States,the basis for the authority of judges is

Accepted Answer

The authority of judges in the United States is based on the Constitution and laws, which provide them with the power to interpret and apply the law fairly and impartially. This principle, known as the rule of law, is a foundational concept in the American legal system. Judges are expected to uphold the Constitution and follow the law, regardless of their personal beliefs or political affiliations. While Congress has the power to create and amend laws, judges have the important role of interpreting and enforcing them.

Question 11

The two most common types of civil cases involve

Accepted Answer

Contracts and torts are the two most common types of civil cases. Contracts involve disputes over agreements between parties, while torts involve civil wrongs such as negligence or intentional harm. The other choices are either criminal offenses or less common civil cases.

Question 12

Cases in which the government (as plaintiff) charges an individual with violating a statute that has been enacted to protect the public health,safety,morals,or welfare are classified as __________ law.

Accepted Answer

Criminal law is concerned with offenses committed against the public and society as a whole, rather than just a private individual. It includes crimes such as murder, theft, and fraud, as well as violations of statutes designed to protect public health, safety, morals, or welfare. Therefore, when the government (as plaintiff) charges an individual with violating such a statute, it falls under the category of criminal law.

Question 13

In civil cases,most litigation is brought in the

Accepted Answer

Civil cases are typically brought in state courts because they involve state law and issues specific to the state in which the activity in question took place. Federal courts only have jurisdiction over civil cases that involve federal law, disputes between citizens of different states, or cases involving the federal government. Most civil litigation falls under state jurisdiction.

Question 14

Cases involving disputes among individuals (or between individuals and the government) in which the losers may be required to pay monetary damages for their actions but are not fined or sent to prison are classified as __________ law.

Accepted Answer

Civil law refers to disputes between parties where one party seeks compensation in the form of monetary damages from the other party. This is different from criminal law, which involves the prosecution of individuals for violating laws and may result in fines or imprisonment. Public law typically deals with disputes between individuals and the government, while international law pertains to disputes between countries. Natural law is a philosophical concept that refers to a set of moral principles believed to be inherent in nature.

Question 15

If John Smith were pulled over for speeding and he appealed his ticket in court,the plaintiff would be the

Accepted Answer

The plaintiff in this case would be the government, as they are the ones enforcing the law and issuing the ticket. The arresting officer, local sheriff, and district attorney may be involved in the case, but they would not be the plaintiff. The judge would preside over the case, but would not be the plaintiff.

Question 16

Most criminal cases arise in which of the following?

Accepted Answer

Most criminal cases are handled in state and municipal courts. These courts have jurisdiction over crimes committed within the respective states or municipalities and handle cases involving violations of state or local law. Federal district courts handle only a small percentage of criminal cases, typically those involving federal crimes or crimes that cross state boundaries. The Supreme Court and federal appellate courts also hear criminal cases, but only on appeal from lower courts. Arbitration outside the court system is a dispute resolution process used in civil cases, not criminal cases.

Question 17

Which of the following examples describes the arena of public law that involves disputes over the jurisdiction,procedures,or authority of government agencies?

Accepted Answer

Administrative law is the arena of public law that involves disputes over the jurisdiction, procedures, or authority of government agencies. It deals with the rules and regulations established by government agencies and how they enforce them. Regulatory law pertains to the creation and implementation of regulations, while judicial oversight refers to the role of the judiciary in overseeing the actions of the other branches of government. Agency mediation and agency resolution refer to specific methods of conflict resolution utilized by government agencies.

Question 18

For the most part,Congress has assigned federal court jurisdictions on the basis of

Accepted Answer

Congress has generally assigned federal court jurisdictions based on the geographic location of the case. This is evident in the fact that there are different circuits, districts, and courts of appeals that cover different regions of the United States. While certain types of cases may be heard in certain courts (such as bankruptcy cases in bankruptcy courts), the primary factor in determining federal court jurisdiction is typically geography.

Question 19

An individual accused of a traffic violation,such as speeding,would be accused of violating a __________ law.

Accepted Answer

Traffic violations, such as speeding, are considered criminal offenses because they violate laws established by the government to regulate behavior and maintain public order.

Question 20

Which of the following examples is a major form of public law?

Accepted Answer

Constitutional law is a major form of public law as it sets out the structure, powers, and duties of government, as well as the rights and freedoms of individuals within the state. The other options listed are not typically considered forms of public law, as they primarily deal with private disputes or legal precedents.

Quiz 8: The Federal Courts