Question 1

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 not fined or sent to prison are classified as ______________ law.

Accepted Answer

Civil law deals with disputes between individuals, while criminal law involves actions that are considered harmful to society as a whole. In civil cases, the losing party may be required to pay damages to the other party, but they are not typically subject to fines or imprisonment. Natural law is a philosophy that holds certain rights and moral principles to be inherent in human nature, and public law deals with the relationship between individuals and the government.

Question 2

Administrative law is a subset of what category of law?

Accepted Answer

Administrative law is a subset of public law, which pertains to the laws that govern the relationships between individuals and government entities. Specifically, administrative law governs the actions and decision-making processes of administrative agencies and their officials.

Question 3

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 involves the prosecution of individuals by the government for actions that have been deemed criminal and are considered harmful to society. Statutes enacted for the protection of public health, safety, morals or welfare often fall under criminal law, as violations of such provisions are considered offenses against the state or society as a whole. Civil law, on the other hand, involves disputes between private parties and common law refers to legal principles established by court decisions rather than through legislation.

Question 4

Cases in which a plaintiff or defendant alleges the government's misuse of powers or abuse of citizens' rights as defined under the Constitution or by statute are called ________________ law.

Accepted Answer

The cases in which a plaintiff or defendant alleges the government's misuse of powers or abuse of citizens' rights are known as public law. Public law governs the relationship between individuals and the state, including constitutional law, administrative law, and criminal law. Civil law deals with disputes between individuals, while criminal law deals with offenses against the state. Torts refer to civil wrongs resulting in harm or injury to another person.

Question 5

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

Accepted Answer

If the defendant claims that constitutional rights were violated, the case would enter the realm of public law. This is because constitutional rights are protected by public law and any violation of those rights would require a public law remedy.

Question 6

One of the foundations of judicial independence in the United States is

Accepted Answer

Judicial review is the power of the courts to declare laws and government actions unconstitutional, ensuring that the judiciary is a coequal branch of government and not subject to the other branches. It allows for the courts to be independent and make decisions based on the rule of law, rather than political pressure or influence. Therefore, it is a foundational principle of judicial independence in the United States.

B, C, and D are not accurate choices for the foundation of judicial independence in the United States. While independent elections and an impartial bailiff force may contribute to the fair operation of courts, they are not the foundation of judicial independence. Immunity from impeachment is not a foundational principle of judicial independence as it is a consequence of holding office, rather than a principle that enables independent decision-making by the judiciary.

Question 7

If two federal circuit courts disagree on a point of law, the Supreme Court usually avoids the controversy so that it does not appear to pick favorites.

Accepted Answer

The Supreme Court is actually more likely to take up a case if there is a disagreement among the circuit courts, in order to provide a consistent interpretation of the law.

Question 8

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 to pay compensation for damage that was allegedly suffered. This is an example of a typical ______________case.

Accepted Answer

The case revolves around a breach of an agreement between two parties, suggesting it falls under contract law. Public law deals with issues involving the government and its citizens, while criminal law deals with violations of statutes and criminal offenses. A tort is a civil wrong that causes harm or injury, but in this case, there is no mention of harm incurred due to negligence or intentional actions.

Question 9

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 one involve which kind of law?

Accepted Answer

Medical malpractice cases fall under the category of tort law as they involve a civil wrong committed by a professional (in this case, a healthcare provider) that causes harm or injury to the patient.

Question 10

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 or obligations between two parties, while torts involve claims of harm or injury caused by one person to another. Traffic offenses, mail fraud, tax evasion, and illegal drugs are criminal offenses, not civil cases. Petty thievery may be considered a tort if it results in harm or injury to another person or their property, but it is not one of the two most common types of civil cases.

Question 11

Supreme Court decisions are automatically implemented.

Accepted Answer

Supreme Court decisions are not automatically implemented. The executive branch has the responsibility to carry out Supreme Court decisions, but they are not bound to do so immediately. Additionally, Congress has the power to pass new laws that could supersede or modify a Supreme Court decision. Furthermore, sometimes other courts may interpret Supreme Court decisions differently or in conflict with the original decision, leading to uncertainty and complications in implementation.

Question 12

Supreme Court decisions almost always end political struggles over the particular issues in question.

Accepted Answer

Supreme Court decisions can sometimes lead to further political battles and debates. They may also be ignored or overturned by other branches of government or future Supreme Court decisions.

Question 13

The president of the United States can fire a federal judge for making bad decisions.

Accepted Answer

The president of the United States does not have the authority to fire a federal judge for making bad decisions. Federal judges hold lifetime appointments and can only be removed through impeachment by Congress for high crimes and misdemeanors.

Question 14

Congress can overturn the Supreme Court's interpretation of the Constitution by enacting a new constitutional amendment.

Accepted Answer

This is true. While the Supreme Court has the power to interpret the Constitution, Congress has the power to pass constitutional amendments that can overturn those interpretations. However, amending the Constitution is a difficult and lengthy process that requires a supermajority of both houses of Congress as well as ratification by three-fourths of the states.

Question 15

Senators comprising less than a majority of the Senate can block a nomination to the federal courts by filibustering it.

Accepted Answer

The answer of Senators comprising less than a majority of...

Question 16

Why does the history principle apply to the judicial branch more than the other two branches of the federal government?

Accepted Answer

The history principle applies to the judicial branch more than the other two branches of the federal government because courts rely heavily on precedents and past decisions to guide current decisions. This is because courts are responsible for interpreting the law and applying it to specific cases, and past rulings help establish legal precedent and guide future decisions. While both the legislative and executive branches may consider past practices and precedents when making decisions, it is not as central to their work as it is for the judicial branch.

Question 17

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

Accepted Answer

Constitutional law is a major form of public law as it deals with the principles and rules that govern the functioning of the state and its relationship with individuals and organizations. It includes the constitution, administrative law, and human rights law. Tort law, contract law, and criminal law are all examples of private law.

Question 18

What is the name of the court practice in which a previous decision by a court applies as a precedent in similar cases until the decision is overruled?

Accepted Answer

The name of the court practice in which a previous decision by a court applies as a precedent in similar cases until the decision is overruled is stare decisis. Common law refers to the body of law based on judicial decisions and custom rather than written statute. Path dependency is a concept from economics and social sciences that describes how past events and decisions can influence current and future situations. Habeas corpus is a legal action allowing a person detained or imprisoned to challenge the legality of their detention.

Question 19

For a case to reach the Supreme Court, all nine judges must agree to grant a writ of certiorari.

Accepted Answer

For a case to reach the Supreme Court, at least four out of the nine judges must agree to grant a writ of certiorari.

Question 20

Most criminal cases are heard in

Accepted Answer

Most criminal cases are heard in state and local courts rather than federal courts (either district or appellate). Federal courts typically handle cases involving federal law, such as interstate commerce, international trade, and constitutional rights. State and local courts have jurisdiction over a wide range of criminal offenses, including traffic violations, drug possession, and theft.

Quiz 9: The Federal Courts