Deck 1: The Court System and Sources of Rights

Question 1

The ban on cruel and unusual punishment and excessive fines and bail is found in the Amendment.

A)First
B)Fourth
C)Eighth
D)Ninth

Answer 1

C

Question 2

An example of selective incorporation can be found in the case of

A)Palko v.Connecticut.
B)Miranda v.Arizona.
C)Duncan v.Louisiana.
D)Frisbie v.Collins.

Answer 2

C

Question 3

To find the case law,one would consult:

A)statutes.
B)constitutions.
C)judicial opinions.
D)administrative regulations.

Answer 3

C

Question 4

An easily accessible source of court decisions is:

A)the Internet.
B)a local library.
C)a local law office.
D)All of the answers are correct.

Question 5

The judicial power of the federal government is created in Article of the U.S.Constitution.

A)I
B)II
C)III
D)IV

Question 6

The rights to speedy,public and jury trials,and to confront adverse witnesses are found in the Amendment.

A)Sixth
B)Seventh
C)Eighth
D)Ninth

Question 7

U.S.magistrate courts are part of the:

A)State Court System.
B)Federal Court System.
C)County Court System.
D)None of the answers are correct.

Question 8

Jurisdiction refers to the:

A)power of a court to adjudicate cases and issue orders.
B)location of a crime.
C)court's power to determine constitutionality.
D)None of the answers are correct.

Question 9

The U.S.Supreme Court case that established the principle of judicial review was

A)Mapp v.Ohio.
B)Marbury v.Madison.
C)Maryland v.Garrions.
D)Tennessee v.Garner.

Question 10

Which of the following rights has not been incorporated?

A)The Fifth Amendment right to grand jury review
B)The Second Amendment right to gun ownership
C)The Sixth Amendment right to an attorney
D)The First Amendment right to freedom of speech

Question 11

Which is not a reason courts would consider decisions from other jurisdictions?

A)There may be no settled law on an issue in a given area.
B)Decisions in other jurisdictions may enable lawyers to detect a trend and anticipate what local courts might do in the future.
C)Cases from other jurisdictions may be similar.
D)Courts are required to follow decisions made by courts in other juridictions.

Question 12

The trial court in the federal system is the court.

A)common pleas
B)criminal
C)quarter Sessions
D)district

Question 13

The protection against double jeopardy is found in the Amendment.

A)First
B)Fourth
C)Fifth
D)Sixth

Question 14

If a court has the legal authority to hear a case,this means that the court has:

A)precedent.
B)equal protection.
C)due process.
D)Jurisdiction.

Question 15

The doctrine of allows two jurisdictions to try an individual for the same offense without violating double jeopardy.

A)tandem courts
B)double court jurisdiction
C)duality of venue
D)dual sovereignty

Question 16

The only court established by the U.S.Constitution was the:

A)U.S.Court of Appeal.
B)U.S.Supreme Court.
C)U.S.Court of Claims.
D)U.S.Court of Last Resort.

Question 17

The theory of incorporation finally adopted by the Supreme Court was incorporation.

A)total
B)selective
C)case-by-case
D)categorical

Question 18

The incorporation controversy involves the:

A)Constitution.
B)Declaration of Independence.
C)Bill of Rights.
D)None of the answers are correct.

Question 19

U.S.District Court opinions are published in the:

A)Federal Supplement.
B)Federal Reports.
C)U.S.Reporter.
D)U.S.Cases Review.

Question 20

What clause of the Fourteenth Amendment was the vehicle for incorporation of rights against the states?

A)Due process
B)Equal protection
C)Privileges and immunities
D)Citizenship

Question 21

The court of last resort in most states for both civil and criminal cases is called the:

A)court of criminal appeals.
B)Supreme Court.
C)district court.
D)court of appeals.

Question 22

U.S.Magistrates in the federal system are empowered to do all of the following,except:

A)hold bail hearings.
B)try felony cases.
C)issue warrants.
D)hold pretrial hearings.

Question 23

The U.S.Supreme Court has members.

A)five
B)seven
C)nine
D)eleven

Question 24

The number of U.S.Supreme Court Justice votes required to win a case in the U.S.Supreme Court when all nine justices are voting is:

A)six.
B)four.
C)five.
D)nine.

Question 25

The protection against self-incrimination is found in the Amendment.

A)First
B)Fourth
C)Fifth
D)Sixth

Question 26

The Supreme Court has ruled that trustworthy statements obtained in violation of the Miranda rule may be used:

A)against a defendant in court.
B)in place of testimony.
C)to impeach the credibility of awitness who takes the stand.
D)to shame a defendant in the newspaper.

Question 27

Which of the following rights has not been incorporated?

A)The First Amendment right to freedom of speech
B)The Fourth Amendment protection from unreasonable searches and seizures
C)The Sixth Amendment right to an attorney
D)The Eighth Amendment right to freedom from excessive bail

Question 28

The most important rights available to an accused in a criminal prosecution come from the:

A)state constitutions.
B)federal statutes.
C)federal court rules.
D)U.S.Constitution.

Question 29

Stare decisis is the principle that:

A)a case should be tried where the crime was committed.
B)a case can be tried in a state and a federal court.
C)new cases should be decided in a fashion consistent with the law established in prior cases.
D)a court must have jurisdiction to try a case.

Question 30

The concept of venue refers to:

A)which court has jurisdiction.
B)the location where the case will be tried.
C)which judge will try the case.
D)the decision as to whether there will be a bench or jury trial.

Question 31

Federal felony criminal cases are tried in U.S.Courts.

A)district
B)magistrate
C)commissioners
D)common plea

Question 32

A case citation indicates:

A)whether or not stare decisis was followed.
B)where an opinion may be found.
C)whether the defendant was convicted or acquitted.
D)where the court sat when it decided the case.

Question 33

A majority of cases get to the Supreme Court from the lower courts on a:

A)habeas corpus appeal.
B)certification.
C)writ of error.
D)writ of certiorari.

Question 34

Under the broadest notion of the rule of law:

A)no person is above the law.
B)the legal system is created for the rich.
C)everyone is entitled to a great lawyer.
D)the accused is as good as guilty.

Question 35

In a case citation,the name of the parties is called the:

A)case title.
B)abstract.
C)summary.
D)synopsis.

Question 36

The number of justices that must agree in order for a case to be heard on its merits by the U.S.Supreme Court is:

A)four.
B)five.
C)six.
D)seven.

Question 37

Police in the United States is closely tied to the concept of the rule of law.

A)jurisdiction
B)handbooks
C)behavior
D)accountability

Question 38

Prosecutions in which a crime is prosecuted in both federal and state courts are known as:

A)horizontal prosecutions.
B)vertical prosecutions.
C)multiple prosecutions.
D)sideways prosecutions.

Question 39

The U.S.Supreme Court hears all its cases:

A)en banc.
B)in panels of three.
C)in panels of five.
D)in divisions of three.

Question 40

Judicial review is the power of a court to:

A)follow precedents.
B)overrule the U.S.Constitution.
C)void laws or official acts which are inconsistent with the U.S.Constitution.
D)order that courts be closed in times of martial law or war.

Question 41

How many justices of the U.S.Supreme Court must agree to hear his case?

A)Nine
B)Seven
C)Four
D)Five

Question 42

There are U.S.Court of Appeals circuits.

Question 43

If the state court makes a final decision to uphold his conviction and sentence,what process must he follow to request the U.S.Supreme Court to consider his case?

A)Writ of certiorari
B)Writ of mandamus
C)Writ of prohibition
D)Direct appeal

Question 44

There are circuits in the U.S.Court of Appeals.

Question 45

Frank wants his attorney present before he will answer any questions the detectives want to ask him.Which amendment to the U.S.Constitution applies?

A)First
B)Fourth
C)Sixth
D)Seventh

Question 46

The officials (and their courts)that were created to relieve U.S.District Court Judges of some of their workload by trying minor offenses are called .

Question 47

The principle of stare decisis encourages the of court decisions.

Question 48

If the state statute authorizes the death penalty for conviction of this crime,which amendment to the U.S.Constitution would apply?

A)First
B)Fourth
C)Fifth
D)Eighth

Question 49

The most binding kind of precedent is that set by cases decided by the .

Question 50

The police want to search his home for any evidence that may aid in his prosecution.Which amendment to the U.S.Constitution applies to any search?

A)First
B)Fourth
C)Fifth
D)Sixth

Question 51

To grant certiorari,a minimum of U.S.Supreme Court Justices must agree.

Question 52

Which amendment to the U.S.Constitution applies to any interrogation by detectives that may occur?

A)First
B)Second
C)Third
D)Fifth

Question 53

Most cases are dismissed by the U.S.Supreme Court meaning that the decision of the immediate lower court in which the case originated is left undisturbed.

Question 54

In which court can he be tried?

A)Federal court only
B)State court only
C)Both federal and state courts
D)Neither federal nor state court

Question 55

The requirements for warrants are covered in the Amendment.

Question 56

What is the name of the state court that will make the final decision on his appeal?

A)District court
B)Magistrate court
C)Supreme court
D)Circuit court

Question 57

When a particular court senses that its prior decisions on an issue are no longer in the mainstream,it may consider
its holding.

Question 58

If the U.S.Supreme Court hears his appeal,and all nine justices vote,how many justices must vote to overturn the state court decision?

A)Nine
B)Five
C)Four
D)Seven

Question 59

The authority of Congress to create a federal court system is found in Article of the U.S.Constitution.

Question 60

What is the concept that allows this prosecution?

A)Dual sovereignty
B)Rule of law
C)Jurisdiction
D)Venue

Question 61

Freedom of religion is protected by the Amendment to the U.S.Constitution.

Question 62

Freedom from unreasonable is protected by the Fourth Amendment to the U.S.Constitution.

Question 63

Although the structure of state courts varies,in general most state courts follow the pattern.

Question 64

The right to confront witnesses is protected by the Amendment to the U.S.Constitution.

Question 65

The type of law which originated in the ancient customs of the people of England and has evolved through judicial decisions is called the law.

Question 66

The approach to incorporation,which focuses on the specific facts of individual cases (rather than the importance of__________a particular right in the abstract),is called the approach.

Question 67

Many state have their own bills of rights.

Question 68

The name of the highest court in most states is the .

Question 69

Federal courts of appeals may hear cases en ,that is,as one body.

Question 70

The rules promulgated by supervisory agencies (such as some states' supreme courts)have the force and effect of
and therefore must be followed.

Question 71

The process to obtain review by the U.S.Supreme Court of a state supreme court decision is to apply for a writ of
_____________.

Question 72

Common law and case law are both found in (or result from)court .

Question 73

The highest court in the federal court system is the .

Question 74

The power of courts to invalidate laws or official actions that are inconsistent with the U.S.Constitution is called
____________ review.

Question 75

The concept of incorporation of the Bill of Rights to apply to the states is based on the Amendment to the U.S.Constitution.

Question 76

In Marbury v.Madison the U.S.Supreme Court first enunciated the doctrine of .

Question 77

__________indicates where a case may be found in legal publications.

Question 78

The fastest and most easily accessible source of court decisions is found on the .

Question 79

A per decision means that the decision of the lower court is left undisturbed.

Question 80

The rule of is the concept that humans are governed by laws,not the whims of individual men.