Deck 9: The Judiciary

Question 1

In some cases, such as that of O. J. Simpson in the 1990s, the defendant may be acquitted of a murder charge but may also be required in a separate court action to pay a large fine for "wrongful death." Under what type of law is the wrongful death suit generated?

A) criminal law
B) civil law
C) constitutional law
D) common law
E) appeal

Answer 1

B

Question 2

If a person damages your private property, you would bring suit under​ _____________ law.

A) ​criminal
B) ​public
C) ​common
D) ​private
E) ​constitutional

Answer 2

D

Question 3

The rules and regulations that declare what types of conduct constitute an "offense against society" and prescribe the punishment to be imposed for such conduct are collectively referred to as ___________________.

A) case law
B) civil law
C) constitutional law
D) precedent
E) criminal law

Answer 3

E

Question 4

How does criminal law differ from civil law with regard to charges and punishments?

A) Only criminal law allows for imprisonment as a punishment.
B) Criminal law does not allow for the use of fines as does civil law.
C) The two terms are interchangeable.
D) Civil law grants no authority to sue for monetary damages.
E) An offender cannot be charged with both a criminal and a civil offense.

Question 5

__________is the term used for the laws and rules that address disputes in which the government is acting in its official capacity upon individuals.

A) Private law
B) Case law
C) Administrative law
D) Public law
E) Martial law

Question 6

Sets of legislative codes, laws, or rules that are enacted by duly authorized lawmaking bodies or offices are broadly known as __________ laws.

A) civil
B) martial
C) case
D) common
E) executive

Question 7

A general definition of law is _________________.

A) legislative codes governing judicial conduct
B) judge-made rules handed down through judicial opinions
C) authoritative rules made by government
D) extensive reliance on actions of society
E) rules detailing disposition of decedents' estates and trusts

Question 8

The rules and regulations issued by the Internal Revenue Service, in its duty to implement the tax code, are collectively called ___________ law.

A) civil
B) common
C) case
D) constitutional
E) administrative

Question 9

In order to appeal a case beyond the state supreme court directly to the U.S. Supreme Court, a losing party must ____________.

A) gain approval of its respective state senators
B) have approval of the federal court
C) start over in the state judicial system
D) demonstrate there is a federal question at issue
E) show that the U.S. Supreme Court has addressed similar cases in the past

Question 10

A federal case that is appealed from a U.S. District Court may be appealed to a ____________________.

A) U.S. Magistrates Courts
B) U.S. Court of Appeals
C) the state supreme courts
D) the Superior Courts
E) the administrative courts

Question 11

What was the importance of the U.S. Supreme Court ruling in Marbury v. Madison (1803)?

A) It established voting rights for women and freed slaves.
B) It overruled the constitution by allowing state governments to enact laws that contradict the constitution.
C) It established the power of the Supreme Court to rule acts of Congress as unconstitutional.
D) It ruled that Congress was subordinate to the judicial branch.
E) It established that the judicial branch could preapprove actions by the executive branch.

Question 12

How many justices does the U.S. Constitution require for the Supreme Court?

A) three
B) six
C) nine
D) twelve
E) the constitution does not determine a number, but leaves this to the discretion of Congress

Question 13

The U.S. Supreme Court was established by​ _________________.

A) ​Article III of the U.S. Constitution
B) ​Congress
C) ​the Federal Judiciary Act of 1789
D) ​Marbury v. Madison
E) ​the First Amendment

Question 14

Judge-made law handed down through judicial opinions, which establish slowly evolving precedents over time, is referred to as _____________ laws.

A) civil
B) common
C) legislative
D) preemptive
E) martial

Question 15

Philosophers, such as John Locke, argued that a body of law existed that predates the formal creation of society and government. Locke argued that such laws are god-given, exist within human beings from the time they are born, and are intrinsic in human nature. This concept is referred to as _______________ law.

A) statutory
B) common
C) biblical
D) natural
E) moral

Question 16

Approximately 95 percent of the nation's litigation is handled by ___________.

A) state courts
B) federal courts
C) the federal appellate courts
D) administrative hearing units
E) plea bargains

Question 17

Which of the following would not be a circumstance in which a case would originate in the federal courts?

A) The lawsuit requires interpretation of the U.S. Constitution.
B) The lawsuit or action requires application or interpretation of federal law or treaty.
C) The federal government is suing or prosecuting someone or is itself being sued.
D) The lawsuit is between two citizens of different states.
E) The lawsuit or case involves a violation of a state's civil process.

Question 18

The rules and judicial interpretations of rules found in the fundamental law of a nation or state, such as the constitution of the United States, are collectively called _____________ law.

A) criminal
B) civil
C) constitutional
D) negotiated
E) case

Question 19

During the nation's early history, federal trials were conducted by _________________.

A) state Supreme Courts
B) Supreme Court justices traveling on an assigned circuit
C) Supreme Court justices at the Capitol
D) retired Supreme Court justices on rotation
E) members of the senate

Question 20

The type of law concerned with the definition, regulation, and enforcement rights in a divorce is _______ law.

A) public
B) administrative
C) positive
D) dispositive
E) private

Question 21

The vast majority of civil cases never make it to trial. Which of the following is not a reason that a case may fail to proceed to trial?

A) The judge dismisses the case.
B) The judge determines in pretrial activities that insufficient evidence exists.
C) The two parties settle the case out of court.
D) One or both of the parties do not show up.
E) The court rules that it does not have jurisdiction in the case.

Question 22

The party that chooses to initiate formal legal proceedings is called the _____________.

A) initiator
B) defendant
C) plaintiff
D) barrister
E) counsel

Question 23

Which of the following would not be a court in the federal judicial system?

A) bankruptcy court
B) family court
C) tax court
D) military court
E) U.S. Supreme Court

Question 24

What is the pretrial stage that occurs when the judge finds no reason to dismiss a case and the case then moves forward toward trial?

A) ​complaint
B) ​indictment
C) ​litigation
D) ​moot court
E) ​discovery

Question 25

Most parties to a federal case start out in one of the 94 __________.​

A) ​state supreme courts
B) ​circuit courts of appeals
C) ​federal district courts
D) ​municipal courts
E) ​bankruptcy courts

Question 26

When one private party contests another and the lawsuit or action is brought before a judge in a court of law, the process is referred to collectively as ________________.

A) prosecution
B) indictment
C) litigation
D) appeal
E) civil discourse

Question 27

Which of the following is a system of justice used in the American legal system in which opposing parties contend against each other for a result favorable to themselves, while judges act as independent referees overseeing the contest?

A) adversarial system
B) inquisitorial system
C) civil system
D) criminal system
E) appellate system

Question 28

Approximately __________ of convictions in the federal judicial system are the direct result of a negotiated plea bargain.

A) less than 10 percent
B) 25 percent
C) 40 percent
D) 75 percent
E) 90 percent

Question 29

A type of trial in which a judge, working on behalf of the government, is responsible for gathering information relevant to the disposition of a case, is referred to as ___________________.

A) a settlement conference
B) a civil trial
C) judge-made law
D) an inquisitorial trial
E) a bench trial

Question 30

The formal document, issued by the grand jury, which authorizes the government to proceed to trial against the defendant is called the _________________.

A) discovery
B) indictment
C) subpoena
D) plea bargain
E) arrest

Question 31

Which of the following is not a result of plea bargaining?

A) It allows the defendant to avoid a trial until an appeal can be filed to a higher court.
B) It normally allows the defendant to avoid a prison sentence or significantly reduces the sentence.
C) It avoids lengthy and expensive trials.
D) It often allows prosecutors to gain cooperation in other cases from the defendant in exchange for the reduced sentence.
E) It reduces the court docket length and time.

Question 32

In criminal cases that go to trial, the burden rests squarely on the prosecutor to prove __________ that the defendant committed the crime.

A) "beyond a reasonable doubt"
B) "by a preponderance of the evidence"
C) "with clear and convincing evidence"
D) "due probable cause"
E) "with reasonable suspicion"

Question 33

The target of the complaint, who normally responds to the complaint with a formal written defense prior to appearing formally in court, is called the __________________.

A) recipient
B) plaintiff
C) defendant
D) counsel
E) adjudicated party

Question 34

Which of the following is not one of the purposes and functions of a grand jury?

A) It receives complaints from the prosecutor.
B) It hears evidence from the prosecutor.
C) It determines whether a trial jury is justified.
D) It may hear evidence on numerous cases over a period of time.
E) It determines guilt or innocence of the defendant in the action.

Question 35

The U. S. Supreme Court hears appeals in ____________________.

A) 50 percent of the appealed cases
B) all appeals "as of right"
C) 75 percent of federally appealed cases
D) less than 3 percent of the appealed cases
E) only 10 percent of the appealed cases

Question 36

A legal system in which judges are responsible for gathering information relevant to deciding a particular case is a(n) ____________________.

A) inquisitorial system
B) system of judge-made law
C) system of common law
D) adversarial system
E) contest between plaintiff and defendant

Question 37

Litigants who receive an adverse judgment in federal appeals court and wish to be heard in the U.S. Supreme Court may petition for a ___________________.

A) writ of habeas corpus
B) writ of mandamus
C) writ of certiorari
D) subpoena
E) warrant

Question 38

Which of the following best describes how cases reach the U.S. Supreme Court on appeal?

A) All appeals are forwarded from the federal system's lower appellate courts.
B) Nearly all cases are appealed from the state courts.
C) Most cases are referred to the Supreme Court by the executive branch.
D) About half of the cases come from federal appellate courts and the other half come from the 50 state supreme courts.
E) The majority of Supreme Court appellate cases originated in the military courts.

Question 39

There are __________ federal appeals courts across the country.​

A) 94
B) ​50
C) ​21
D) ​13
E) ​5

Question 40

A circuit court of appeals may meet "en banc," meaning that ___________________.

A) the entire court must unanimously agree to convene
B) it is meeting in secret
C) the court does not publish its rulings
D) the litigant appeals from the three-judge panel to the full circuit court (a panel of 10 or more)
E) the case is heard without the justices having actually to be present, but the ruling by the attorneys may be appealed to the full court

Question 41

The U.S. Constitution declares that the constitution is supreme law. The reality of this pronouncement can be quite complicated; but in theory, what impact does this have on state-level courts?

A) The federal courts have full authority over the state criminal and civil laws as well as the state courts.
B) All decisions by the state courts must be reviewed by the federal courts.
C) This is actually a common law statement from the 1700s that now has no meaning.
D) State courts must comply with pronouncements from the U.S. Supreme Court over the meaning of the constitution and Bill of Rights.
E) All state courts are subordinate to the federal court system and Congress.

Question 42

When the Supreme Court agrees to hear a case, which of the following would happen first?​

A) ​submission of written briefs
B) ​oral arguments
C) ​deliberation
D) ​issuance of written opinion
E) ​conference

Question 43

The selection process for Supreme Court justices includes​ ________________________________.

A) ​presidential appointment and senate confirmation
B) ​House appointment and senate confirmation
C) ​congressional appointment and presidential confirmation
D) ​direct popular vote
E) ​vote by state legislatures

Question 44

The Supreme Court uses a significant power to declare acts of the other two branches of government, and of state governments, as unconstitutional and thus invalid. This power is referred to as ______________.

A) appellate review
B) judicial veto
C) judicial review
D) veto override
E) ratification

Question 45

Robert Dahl's article "Decision-Making in a Democracy" hypothesized that ________________________.

A) Supreme Court decisions reflect loyalty to the appointing president
B) Supreme Court opinions reflect revealed Judeo‑Christian principles
C) Supreme Court decisions, although often defying public opinion in the short run, usually fall in line with the dominant majority coalition in the long run
D) are driven by political accountability
E) are a product of dominant lone individual justices

Question 46

Which of the following may factor into whether justices vote in favor of hearing a case?​

A) ​consistency in the lower courts on the issue
B) ​if the federal government has intervened in the case
C) ​in order to transform a precedent
D) ​the importance of the case
E) ​all of these choices may factor into the justices' decisions

Question 47

How long do justices of the U.S. Supreme Court serve?

A) Four-year terms with no reappointment
B) Four-year terms but may be reappointed
C) Eight-year terms
D) Twenty-year terms
E) for a term of "good behavior"

Question 48

Which of the following is not a limitation on the powers of the judicial branch?

A) Federal courts cannot initiate or maintain lawsuits.
B) Federal courts can hear lawsuits that constitute only true cases or controversies.
C) Federal courts may hear lawsuits from parties that only have proper standing.
D) Federal courts must rely on other branches of government for enforcement.
E) Federal courts may not hear cases that arise out of state court cases.

Question 49

The document filed by an outside party with an interest in the litigation is a(n) _____________________.

A) writ of certiorari
B) jurisprudence
C) amicus curiae
D) dicta
E) stare decisis

Question 50

Which of the following is true of judicial review?

A) The constitution clearly provides the Supreme Court with the power of judicial review.
B) Judicial review is a power reserved to the states.
C) Article I delegates the power to Congress.
D) It was established in the case, Marbury v. Madison.
E) It has never been used.

Question 51

If a justice agrees with the end result reached by the majority of the court, but disagrees with the reasons offered in the main written opinion, he or she may write a ________________.

A) ​majority opinion
B) ​concurring opinion
C) ​dissenting opinion
D) Writ of certiorari
E) ​amicus curiae brief

Question 52

Growing in popularity and use is the "Missouri Plan" for selecting judges at the state level. What are the steps in this process?

A) A non-partisan commission appoints the judge, and after a two-year trial service the governor may be appointed for life.
B) A judge is appointed by the governor through a partisan process but later must run for reelection as a nonpartisan candidate.
C) A judicial nominating committee chooses three judicial candidates based on merit; the governor appoints one from the list, and after two years the judge stands for election by the voters.
D) The state supreme court convenes a committee comprised of three of its justices, who then choose the new judge based on merit issues.
E) The legislature chooses the judge by a three-fourths vote and the judge is then appointed for a life term.

Question 53

The "Rule of Four" is ____________________.

A) an early Sherlock Holmes story
B) the minimum number of points that must be raised in a Supreme Court appellate brief
C) the minimum number of cases that must be cited for stare decisis
D) the minimum number of justices that must vote in favor of an appeal for a writ of certiorari to issue
E) the minimum number of justices that can sit to hear an appeal

Question 54

Which of the following would be a legitimate case under the "case or controversy" requirement?

A) lawsuits in which it is too late to provide any effective remedy
B) lawsuits seeking injunction to prevent immediate irreparable harm
C) lawsuits in which the actual conflict is still sometime in the future
D) lawsuits in which the parties have colluded to contrive a result
E) lawsuits in which jurisdiction has not been properly invoked

Question 55

Congress can alter the Supreme Court's __________ but not its __________.

A) standing, judicial review
B) judicial review, indictments
C) appellate jurisdiction, original jurisdiction
D) grand jury, justices
E) original jurisdiction, appellate jurisdiction

Question 56

To "Bork" means _______________________.

A) to create a canoe from the bark of a birch tree
B) to create a boat by burning out the center of a tree trunk
C) to nominate former solicitors general to the bench as especially well qualified
D) to challenge a president's nominee through well-financed and organized interest group opposition
E) to appoint bearded justices as embodying the picture of wisdom and temperance

Question 57

What is meant by the requirement that an individual must have proper "standing" for a court to hear the lawsuit?​

A) ​A person must be a citizen of the U.S.
B) ​An individual must be a registered voter.
C) ​The person must be singularly affected by the controversy at issue in the lawsuit.
D) ​A person must have proceeded properly through the lower courts before appealing to the Supreme Court.
E) ​The plaintiff must sue for monetary damages in excess of $500,000.

Question 58

In McCulloch v. Maryland, the Supreme Court _______________________.

A) established per curium opinions
B) eliminated per curium opinions
C) declared Congress would be the final arbiter of constitutionality
D) determined that states would be the final arbiter of constitutionality
E) ruled that Congress had powers beyond those specifically listed in the constitution

Question 59

A judicial order commanding an official to perform a ministerial duty over which he has little discretion is a(n) __________.

A) amicus curiae
B) writ of certiorari
C) writ of mandamus
D) example of judicial review
E) example of judicial discretion

Question 60

Which of the following characteristics is not one of the considerations that is typically used in the selection process for a nominee for an open seat on the U.S. Supreme Court?

A) the nominee's ideological and policy preferences
B) the nominee's judicial competence
C) the nominee's experience as a trial lawyer
D) demographic considerations such as race or gender of the nominee
E) the current political environment

Question 61

Describe how a case proceeds through the Supreme Court, from the issuance of a writ of certiorari to the issuance of a written opinion. Explain the types of written opinions that may be generated, including concurring and dissenting opinions.

Question 62

What is a factor in how a judge may make a decision?

A) legal rules and precedents
B) changes in circumstances
C) ideological attitudes
D) external political pressures
E) all of these choices may factor into how a judge may make a decision.

Question 63

Explain the difference between civil law and common law. Describe the categories of civil law in the United States, including the role of criminal law, constitutional law, administrative law, public law, and private law.

Question 64

Describe the factors that have been identified as playing a role in explaining why judges vote the way they do. Be sure to include the role of stare decisis, changes in circumstances, the ideologies of the justices, and public opinion.

Question 65

The authors have identified current (and recurring) debates over the role of the court. Provide an understanding of at least two of the debates, including your own opinion on the issues. Be sure to provide support for your viewpoint.

Question 66

According to the U.S. Constitution, what is the selection process and term of office for Supreme Court judges? Describe the selection process, including the various factors that typically play a role in the selection.

Question 67

In Federalist No. 78, Hamilton described the judicial branch of the federal government as the "least dangerous" branch. Describe the ways in which the judicial branch is limited and more circumscribed than the other two branches of government.

Question 68

A dissenting opinion is written for which of the following reasons?​

A) ​to formally appeal the decision to a higher authority
B) ​to express approval of the result, but not the reasons offered, in the majority opinion
C) ​to issue a writ of certiorari for a case
D) ​to communicate disagreement with the result reached by the majority of the court
E) ​to establish precedent for the current case

Question 69

Describe the ways in which a case may reach the U.S. Supreme Court. Explain the Court's process for selecting cases, and what factors justices may take into consideration during the case selection process.

Question 70

Describe the structure of the federal judicial system, including the number of courts at each level and the type of jurisdiction of each court (original versus appellate). Explain the role of the constitution and the role of Congress in the structure and development of the federal judiciary.

Question 71

The legal procedure by which a current court "stands by the decision" of a previous court that has already settled the issue is referred to as __________________.

A) amicus curiae
B) habeas corpus
C) certiorari
D) stare decisis
E) concurrence

Question 72

Which of the following would not be an example of judicial activism?​

A) ​the court striking down several New Deal statutes in the 1930's
B) ​the court invalidating laws that banned the use of contraceptive devices (1965) and laws outlawing abortion (1973)
C) ​the court upholding the Affordable Care Act (2012)
D) ​the court striking down a federal law that banned corporate spending for electioneering (2010)
E) ​all of the above are examples of judicial activism

Question 73

Describe the power of judicial review. Explain the basis for the Court's power of judicial review, for actions over the other branches of the federal government as well as over actions of states. How the Court has used judicial review since the early nineteenth century?

Question 74

Fully explain the elements of civil litigation, including the parties involved, and the pretrial and trial proceedings.

Question 75

Which of the following is not one of the current debates over the Supreme Court?​

A) ​the number of justices on the court
B) ​judicial restraint versus judicial activism
C) ​electing versus appointing judges
D) ​cameras in the courtroom
E) ​law versus politics

Question 76

Jurists and scholars that believe changes in circumstances are irrelevant, and that the constitution is limited in scope to what the framers envisioned, support a doctrine referred to as​ ______________________.

A) ​living constitutionalism
B) ​activism
C) ​originalism
D) ​broad constructionism
E) ​territorialism