Deck 1: The Rule of Law

Question 1

Executive orders represent [Sources of the Law] Conceptual

A)a clear violation of the separation of powers
B)a legitimate but rarely used power of the executive branch
C)a power of the executive branch often targeted by political opponents
D)none of the above

Answer 1

C

Question 2

En banc decisions of federal appeals courts [Courts of Appeal] Factual

A)must be unanimous to establish precedent
B)must follow the decision of the majority of federal appeals courts hearing the same question
C)generally rehear decisions made by a three-member panel of the same court
D)establish binding precedent for all federal appeals courts

Answer 2

C

Question 3

Among the three branches of government,the executive branch is

A)supreme
B)primarily symbolic
C)co-equal
D)empowered to enact laws
E)delegated authority to adjudicate disputes

Answer 3

C

Question 4

Common law

A)is a form of black-letter law
B)is unconstitutional
C)does not apply to government officials
D)is judge-made law
E)all of the above

Question 5

Forum shopping allows plaintiffs to [Jurisdiction] Conceptual

A)pay jurors to rule in their favor
B)choose the court in which their case will be heard
C)pay for the best legal advice available
D)have their cases decided online

Question 6

Laws are well tailored when they

A)are not vague or overbroad
B)do not limit the discretion of government officials
C)are imprecise
D)use legal jargon
E)infringe unduly on the rights of the people

Question 7

Stare decisis means

A)let the statute stand
B)let the decision stand
C)decisions should be based on facial readings of laws
D)look at ten choices before deciding
E)none of the above
11)
Renumber from here

Question 8

The term jurisprudence best describes [realWorld Law Box in Judicial Review section] Vocabulary

A)the extreme modesty and privacy seeking of Supreme Court justices
B)the focus of U.S.law on issues of profanity,obscenity,and sex
C)the idea that the law is blind
D)the theory or logic of legal decision-making

Question 9

Of the amendments proposed to the U.S.Constitution,

A)few have been approved or ratified
B)most have been approved and ratified
C)most have been approved but few have been ratified
D)only the 10 amendments contained in the Bill of Rights have been approved and ratified
E)none have been ratified

Question 10

Aristotle's concept of a just balance between personal interests and communal concerns is called the

A)tipping point
B)equitable equilibrium
C)golden mean
D)just solution
E)cost/benefit solution

Question 11

The U.S.Constitution is [Constitutions] Conceptual

A)the supreme law of the United States that establishes the basic contract between government and the people
B)the supreme law of the United States and easy to modify
C)co-equal to the state constitutions to empower the states
D)the law that governs Washington,DC,and the U.S.territories

Question 12

En banc decisions of federal appeals courts [Courts of Appeal] Factual

A)are unusual
B)hold the same weight as decisions of the U.S.Supreme Court
C)are unsigned,speedy decisions with limited legal explanation
D)return a case to the lower court

Question 13

The U.S.Supreme Court established the power of courts to interpret laws in its decision in [Intro] Factual

A)Marbury v.Madison
B)Powell v.McCormack
C)Miami Herald v.Tornillo
D)Texas v.Johnson

Question 14

Federal trial courts [The Court System] Factual

A)never use juries
B)provide only advisory rulings
C)determine the meaning of the Constitution
D)are called district courts

Question 15

Courts of appeal

A)find facts
B)establish precedent
C)are called district courts in the federal court system
D)are generally the first courts to hear a dispute
E)none of the above

Question 16

Out-of-court settlements in civil suits and plea bargains in criminal proceedings [The Case Process] Factual

A)require lengthy trials to determine the proper punishment
B)increase the public transparency of court processes
C)resolve the vast majority of U.S.trials
D)determine the outcome of very rare,clear-cut cases

Question 17

An unsigned opinion of the court is called a

A)per curiam opinion
B)memorandum opinion
C)en banc opinion
D)majority opinion
E)none of the above

Question 18

Statutes may be enacted by legislatures

A)at the federal level only
B)at the federal,state,or local level
C)at the federal and state levels only
D)only by executive order
E)only in times of war

Question 19

An overbroad law [Intro] Conceptual

A)is presumptively constitutional
B)is imprecise and punishes more protected activity than necessary
C)is imprecise and targets specific content
D)is an effective remedy to specified harms

Question 20

The political ideology of a president who nominates a Supreme Court justice [The Court's Makeup] Conceptual

A)is never part of the non-partisan nomination process
B)clearly predicts the voting pattern of the justice once seated on the Court
C)relates loosely to the voting pattern of the justice once seated on the Court
D)is completely counterbalanced by the Senate confirmation process

Question 21

Courts show deference to administrative agency rulings because the agencies are vested with expertise in their areas of jurisdiction.

Question 22

The common law is judge-made law guided by the principles established in precedent cases.

Question 23

The legal citation,McConnell v.Federal Election Commission,540 U.S.93 (2003),refers to [Finding the Law] Factual

A)a federal appeals court decision ruling against the Federal Election Commission
B)a federal appeals court decision ruling against McConnell
C)a Supreme Court decision in an appeal brought by McConnell
D)a Supreme Court decision in an appeal brought by the Federal Election Commission

Question 24

FIRAC stands for [Briefing Cases] Factual/Vocabulary

A)Facts,Issues,Rule of Law,Analysis,and Conclusion
B)Findings,Interpretation,Right Answer,Application,and Conclusion
C)Findings,Instructions,Rule of Law,Authority,and Conclusion
D)Find Issue Right Away Correctly

Question 25

Aristotle said laws are a human invention intended to curb human shortcomings and increase universal well-being.

Question 26

A dissenting opinion is written by the majority of the court and overturns a lower court ruling.

Question 27

The principle of federalism places sovereignty in the federal government.

Question 28

Journalists cited with contempt of court need not obey the court order because such orders violate the First Amendment.

Question 29

In Citizens United v.Federal Elections Commission [Intro and Judicial Review] Factual

A)a unanimous Supreme Court affirmed restrictions on campaign financing and reinforced the power of precedent
B)a divided Supreme Court voted according to different understandings of the original intent of the First Amendment to affirm restrictions on campaign finance
C)a divided Supreme Court struck down some restrictions on campaign finance in an ideological decision that raised questions about the power of precedent
D)a divided Supreme Court affirmed restrictions on campaign finance without comment

Question 30

Forum shopping reflects litigants' understanding that,given the same set of facts,different courts may reach different results.

Question 31

Courts of appeal are fact-finding courts.

Question 32

Every court has a specific geographic or topical area of jurisdiction.

Question 33

Stare decisis describes the doctrine that courts should follow precedents established by higher courts.

Question 34

Equity law empowers judges to provide fair remedies and relief to a variety of harms.

Question 35

Historical documents make clear the Framers' original intent for the Constitution.

Question 36

In order for a case to be heard by the U.S.Supreme Court,a majority of the justices must vote to grant a writ of certiorari.

Question 37

Judicial review is often criticized as a primary source of judicial activism.

Question 38

All U.S.law is black-letter law to assure that citizens will know their rights and responsibilities.

Question 39

There are three methods to amend the U.S.Constitution.

Question 40

Statutory construction is the term used to describe how legislatures draft and adopt laws.

Question 41

The doctrine of stare decisis means lower courts should follow the precedents established by higher courts.
Vocabulary Sources of the Law

Question 42

Equity law interprets and applies the U.S.Constitution.
Vocabulary Sources of the law

Question 43

Describe two things that occur in the process of a trial before the trial starts.

Question 44

Voir dire is one of the several methods trial courts use in attempting to seat an unbiased jury.

Question 45

A per curiam opinion of the U.S.Supreme Court is decided by only one justice but is the binding opinion of the entire court.
Vocabulary Sources of the Law

Question 46

When federal administrative agencies give meaning to laws,they engage in statutory construction.
Conceptual Sources of the Law

Question 47

Name three sources of U.S.law and explain briefly how they are created.

Question 48

All federal law is subject to review by the U.S.Supreme Court.
Factual Sources of the Law

Question 49

By denying a writ of certiorari,the U.S.Supreme Court is sending the message that it disagrees with the lower court's decision in the case.

Question 50

Define concurring and dissenting U.S.Supreme Court opinions and describe their role.

Question 51

Journalists cited with contempt cannot be jailed.
Conceptual The Case Process

Question 52

Grand juries sometimes are called to review evidence and decide whether criminal charges should be filed against a suspect.

Question 53

City and county councils have the power to enact statutes.
Conceptual Sources of the Law

Question 54

Federalism is the legal principle that gives sovereignty to the states.
Conceptual Sources of the Law

Question 55

Explain stare decisis and clearly describe its role in the U.S.judicial system.

Question 56

The common law is recorded in the Common Register of the Law.
Conceptual Sources of the Law

Question 57

There are three methods to amend the U.S.Constitution.
Factual Sources of the Law