Deck 3: The Structure and Function of Courts, Legislatures, and Administrative Agencies

Question 1

Identify which of the following refers to asking what the creators of the law intended at the time that the law or constitutional provision was drafted.

A) literalism
B) stare decisis
C) originalism
D) living document

Answer 1

C

Question 2

The U.S. Supreme Court has original jurisdiction over ______.

A) disputes between states, disputes between the U.S. government and a state, all juvenile death row cases
B) disputes between states, disputes between the U.S. government and a state, disputes between a state and a foreign citizen
C) disputes between states, disputes between the U.S. government and a state, all death row cases
D) disputes between states, disputes between the U.S. government and a state, disputes between a state and its citizen

Answer 2

B

Question 3

Identify which of the following is NOT an adequate definition of a system used to select state court judges.

A) appointment-judges are appointed by retiring judges
B) partisan election-candidates run for judicial office under the label of a political party
C) nonpartisan election-candidates run for election without party identification
D) merit selection-the governor appoints candidates considered qualified by a nonpartisan commission

Answer 3

A

Question 4

Identify the primary function of administrative agencies that deals with developing rules and regulations to be followed by individuals and institutions that fall within their jurisdiction.

A) rulemaking
B) adjudication
C) investigation
D) enforcement

Question 5

Identify which of the following is NOT an opinion of the U.S. Supreme Court.

A) majority opinion
B) minority opinion
C) concurring opinion
D) dissenting opinion

Question 6

Identify which of the following is NOT a federal court.

A) district courts, courts of appeal, Supreme Court, US Court of Claims
B) district courts, courts of appeal, Supreme Court, bankruptcy courts
C) district courts, courts of appeal, Supreme Court, divorce courts
D) district courts, courts of appeal, Supreme Court, US Court of International Trade

Question 7

Identify which of the following refers to viewing the Constitution as needing interpretation to meet contemporary needs of society.

A) living document
B) stare decisis
C) justiciability
D) originalism

Question 8

Identify which of the following refers to the reliance on precedent.

A) living document
B) originalism
C) literalism
D) stare decisis

Question 9

Candidates for judges run for election without party identification. This is referred to as ______.

A) nonpartisan election
B) partisan election
C) merit selection
D) appointment

Question 10

A number of agencies are authorized by law to adjudicate disputes. The primary function of these agencies concerns handling disputes and is focused on employment discrimination and occupational health ______.

A) rulemaking
B) investigation
C) enforcement
D) adjudication

Question 11

Identify from the following, which term refers to looking at the words of a statute or constitutional provision and not analyzing the intent of the drafters.

A) stare decisis
B) originalism
C) literalism
D) living document

Question 12

Identify which of the following attempt to influence lawmakers to support laws that they favor.

A) lobbyists
B) media
C) executives
D) legislators

Question 13

The governor selecting court judges qualified by a nonpartisan commission is referred to as ______.

A) partisan election
B) nonpartisan election
C) merit selection
D) appointment

Question 14

The right to determine the meaning of the Constitution and to evaluate whether acts of Congress and the president were authorized by the Constitution is called ______.

A) adjudication
B) judicial review
C) justiciability
D) appeal

Question 15

Identify which of the following highlights issues and influences public opinion.

A) lobbyists
B) legislators
C) executives
D) media

Question 16

Identify from below, the best definition of an adjudication.

A) the initial stage of the trial
B) the stage where judges pick the case they will hear
C) the final selection of jury members
D) the final decision reached by a court

Question 17

The governor selecting and having legislature approve judges is referred to as ______.

A) partisan election
B) nonpartisan election
C) merit selection
D) appointment

Question 18

Identify the number of states that have an appellate court below the state supreme court.

A) 1
B) 7
C) 27
D) 39

Question 19

Identify which one of the primary branches of the UN has the responsibility to deal with issues of economic development, the environment, population, and human rights.

A) general assembly
B) security council
C) economic and social council
D) secretariat

Question 20

The term trial de novo refers to ______.

A) supreme court appeal trial
B) new trial
C) initial trial
D) state court appeal trial

Question 21

Identify which one of the primary branches of the UN passes nonbinding resolutions and declarations that reflect the sentiment of member states.

A) secretariat
B) international court of justice
C) security council
D) general assembly

Question 22

Identify the area over which federal courts have jurisdiction.

A) Cases involving the United States as a party, cases involving a law passed by the U.S. Congress, constitutional issues, and cases requiring the interpretation of international treaties.
B) Cases involving the United States as a party, cases involving a law passed by the U.S. Congress, constitutional issues, and cases in which an individual from another state is suing for damages less than US$75,000.
C) Cases involving the United States as a party, cases involving a law passed by the U.S. Congress, constitutional issues, and cases in which an individual sues another individual for damages over US$75,000.
D) Cases involving the United States as a party, cases involving a law passed by the U.S. Congress, constitutional issues, and cases requiring the interpretation of an outside party.

Question 23

Approximately what ratio are female police officers?

A) 1 in 2
B) 1 in 20
C) 1 in 8
D) 1 in 4

Question 24

The police are not part of the executive branch of the government.

Question 25

The final decision reached by a court is called an adjudication.

Question 26

There are approximately how many federal administrative agencies?

A) 20
B) 30
C) 40
D) 50

Question 27

Identify which of the following primary branches of the UN undertakes studies and provides information to other branches of the UN.

A) security council
B) general assembly
C) international court of justice
D) secretariat

Question 28

Candidates for judges who run for election with a party identification is referred to as ______.

A) partisan elections
B) nonpartisan elections
C) merit selection
D) appointment

Question 29

Identify which of the following can veto and enforce laws.

A) media
B) lobbyists
C) legislators
D) president and governors

Question 30

The U.S. Supreme Court hears over 5000 cases each term.

Question 31

Identify which primary function of administrative agencies deals with investigating and prosecuting violations of the rules.

A) investigation
B) adjudication
C) rulemaking
D) enforcement

Question 32

Federal Courts have jurisdiction over cases involving the United States as a party, cases involving a law passed by the U.S. Congress, constitutional issues, and cases requiring the interpretation of international treaties.

Question 33

Justiciability is a term used to describe several preconditions that must be met before a court will consider a case.

Question 34

Identify which one of the following is NOT a primary function of administrative agencies.

A) rule-making
B) investigation
C) enforcement
D) adjudication

Question 35

Approximately what ratio are minority police members?

A) 1 in 2
B) 1 in 20
C) 1 in 8
D) 1 in 4

Question 36

Identify approximately how many police departments are in large urban areas.

A) less than 10%
B) about 25%
C) over 75%
D) over 95%

Question 37

Identify which one of the primary branches of the UN has the responsibility to hear allegations by countries that another country is violating international law.

A) international court of justice
B) secretariat
C) general assembly
D) security council

Question 38

Identify which of the following should use their own judgment when casting votes on issues and whose votes reflect individuals they represent.

A) lobbyists
B) media
C) legislators
D) executives

Question 39

Identify which one of the primary branches of the UN has the responsibility for maintaining international peace and security.

A) security council
B) general assembly
C) international court of justice
D) secretariat

Question 40

The UN was founded in ______.

A) 1941
B) 1945
C) 1989
D) 1999

Question 41

Literalism looks at the words of a statute or constitutional provision and does not analyze the intent of the drafters of the law or constitutional provision.

Question 42

De Novo is the reliance on precedent, locating a case that is factually similar to the case before the judge, and ensures predictability of law.

Question 43

Summarize the organization of state courts.

Question 44

Define and explain private disputes and identify the parties involved.

Question 45

Compare and contrast the main points of State Courts of Limited Jurisdiction and State Courts of General Jurisdiction.

Question 46

At least five U.S. Supreme Court justices need to agree on a matter for a majority opinion.

Question 47

Legislative review means that the U.S. Supreme Court judges have the right to determine the meaning of the Constitution and to evaluate whether acts of Congress and the president were authorized by the Constitution.

Question 48

The Second Amendment protects from double jeopardy-being prosecuted for the same crime twice.

Question 49

The federal court is comprised of district courts, courts of appeal, Supreme Court, U.S. Court of International Trade.

Question 50

U.S. Supreme Court Justices are elected for 4-year terms.

Question 51

Explain and summarize the term, Judicial Gatekeeping.

Question 52

Summarize how the United States has a dual court system and include what comprises this dual system.

Question 53

Congress approves elected representatives, the appointment of judges and cabinet officials, and the heads of agencies such as FBI.

Question 54

Marbury v. Madison held that the Supreme Court was constitutionally authorized to exercise the right of judicial review.

Question 55

Judges who do not agree with the majority opinion usually write the minority opinion.