Deck 14: Judiciaries

Question 1

What are the key mechanisms of international law?

A)coalition and coherence
B)reciprocity and coalition
C)consistency and reciprocity
D)consistency and coherence

Answer 1

C

Question 2

Which of these issues is a civil concern?

A)assault
B)theft
C)divorce
D)drug trafficking

Answer 2

C

Question 3

Which of these would be a civil law case?

A)A person in police custody argues that the evidence against him was illegally obtained.
B)A grocery store claims that one of its suppliers has broken a contract to sell produce at a certain price.
C)A government agency interprets the term "fair" to mean "open to all without discrimination."
D)A judge rules that the statue of limitations has expired,which results in the release of a defendant from jail.

Answer 3

B

Question 4

Which factor contributed most to the development of common law?

A)a synthesis of Roman law and natural law
B)a steady rise in disputes between private parties
C)the lack of power courts had in relation to legislatures
D)the absence of formal rules that applied to most court cases

Question 5

Common law differs from international law in which of these ways?

A)Common law governs the behavior of individuals rather than nations.
B)Common law relies less on diffuse traditions rather than specific documents.
C)Common law is based on statutes,whereas international law is based on treaties.
D)Common law deals with criminal offenses,whereas international law deals with civil offenses.

Question 6

"All mankind being equal and independent,no one ought to harm another in his life,health,liberty,or property." This statement is an example of __________ law.

A)civil
B)common
C)constitutional
D)natural

Question 7

The Declaration of Independence is an example of higher law because it __________.

A)was used to justify a revolution.
B)based its argument on rights granted by God.
C)influenced the writing of the U.S.Constitution.
D)provided both rules and reasons for those rules.

Question 8

Suppose the Food and Drug Administration (FDA)rules that a pharmaceutical company cannot market its new blood pressure medicine.What legal recourse can the company take?

A)It can sue the FDA in state court.
B)It can ask Congress to overturn the ruling.
C)It can appeal the case to a U.S.circuit court.
D)It can file a brief with a federal district court.

Question 9

Which of the following is an example of the overlap that is possible between criminal and civil cases?

A)A jewelry store presses charges against a shoplifter who already had a criminal record.
B)The woman who caused a drunk driving accident is charged by the state and also sued by the family injured in the crash.
C)A stalker is arrested for violating a restraining order,and he is later extradited to the state where the incident occurred.
D)The government charges the owners of a medical marijuana dispensary with violations of federal law,although the dispensary is legal under state law.

Question 10

Suppose that a person without U.S.citizenship status argues that she should be granted citizenship because she was born in a country that was under U.S.military occupation at the time of her birth,and she considers that to be U.S.territory under the meaning of the Fourteenth Amendment.Her case would be which type of law?

A)administrative
B)civil
C)constitutional
D)natural

Question 11

Administrative law and constitutional law both __________.

A)are forms of natural law
B)are based on precedent and tradition
C)involve interpreting other written codes
D)involve only criminal cases rather than civil cases

Question 12

Suppose a gang of criminals robs a bank in Washington state and a second bank in Oregon before being apprehended by police in California.The criminal trial for these crimes will be held in which type of court?

A)circuit court
B)California state court
C)federal district court
D)Washington state court

Question 13

State court systems handle about __________ of the nation's legal business.

A)30%
B)50%
C)75%
D)90%

Question 14

International law consists of __________ and established customs recognized by most nations.

A)amendments
B)sanctions
C)statutes
D)treaties

Question 15

How are legal rulings made by American judges an example of common law?

A)Their rulings are based on both precedent and written statutes.
B)Their decisions are narrowly confined to a specific question of law.
C)Their decisions are backed by a reasoned justification for the ruling.
D)Their rulings apply to a broad class of cases rather than just a single dispute.

Question 16

What is the relationship of the various courts in the U.S.system to each other?

A)They are dependent upon each other to enforce rulings.
B)They function more or less autonomously from each other.
C)They are coequal to each other in terms of power and territory covered.
D)They form a unified but multi-layered system that covers the entire nation.

Question 17

What is the primary jurisdiction of the U.S.Supreme Court?

A)It makes initial rulings on all federal cases,civil and criminal.
B)It rules on high penalty cases,including those with life sentences and the death penalty.
C)Its jurisdiction is almost entirely appellate,from lower federal or state supreme courts.
D)Its jurisdiction is broad,ranging from appellate rulings to original rulings in federal crimes.

Question 18

Suppose a dispute between two neighbors concerning the proper placement of the line dividing their property ends up in court.The trial would be an example of __________ law.

A)administrative
B)civil
C)constitutional
D)criminal

Question 19

How does common law compare with code law?

A)Code law is a far more efficient system than common law.
B)Common law judges have more discretion than code law judges.
C)Common law is similar to Roman law,whereas code law is similar to canon law.
D)Code law is more complicated and harder for individual judges to apply than common law.

Question 20

In the United States,federal judges are nominated and approved by __________,respectively.

A)the Senate and the House
B)the president and the Senate
C)the attorney general and the Senate
D)the secretary of state and the House

Question 21

What is the role of lawyers in France?

A)They question witnesses to bring key evidence to light.
B)They do most of the investigation work that American police would do.
C)They serve as the foremen on the jury,and help guide the jury's decision.
D)They listen to the opposing argument and attempt to demonstrate logical or factual mistakes.

Question 22

How does the American concept of judicial review compare to that in other countries?

A)Judicial review is more highly developed in the United States than in any other country.
B)The United States is the only developed nation to maintain the process of judicial review.
C)In most democracies,the president or prime minister,not the courts,review the constitutionality of laws.
D)Most countries' constitutions are exempt from judicial review,stripping the courts of any power they might have in shaping legislation.

Question 23

Which statement best explains why the German Constitutional Court has less impact than the U.S.Supreme Court?

A)The German Constitution is less open to interpretation than the U.S.Constitution.
B)The German Constitution does not give federal courts the power of judicial review.
C)The German Constitutional Court is made up of judges who serve a single 12-year term instead of lifetime terms.
D)The German Constitutional Court can only review laws passed by parliament; it cannot declare them null and void.

Question 24

In the European court system,the prosecutor is an official who forwards evidence to the __________.

A)investigating judge
B)judicial panel
C)case review board
D)district attorney

Question 25

The work done by a British barrister is most similar to the work done by an American __________.

A)administrator
B)judge
C)legislator
D)prosecutor

Question 26

The Federal Tribunal in Switzerland can decide whether __________ laws violate the Swiss constitution.

A)proposed
B)new
C)cantonal
D)national

Question 27

How was Soviet law an example of the commitment to Marxist principles?

A)Soviet law put the working class in charge of the administration of justice.
B)Soviet law had a deeply adversarial process that mirrored the class struggle.
C)Soviet law focused more on crimes of conscience than crimes of commission.
D)Soviet law made little or no mention of bourgeois concepts like private property.

Question 28

Which legal change within Russia occurred after the collapse of the Soviet Union?

A)More people began facing charges of sedition and subversion.
B)The system shifted from an inquisitorial to an adversarial model.
C)An entirely different group of people was brought in to administer justice.
D)Property crimes became much more central to the workings of the legal system.

Question 29

In the adversarial system,a judge functions much like __________.

A)a referee overseeing a sporting event
B)a guide for people in unfamiliar territory
C)a bureaucrat working in a strict hierarchy
D)an elected official serving in a legislature

Question 30

Which statement best explains how the doctrine of judicial restraint relates to the power of judicial review?

A)The doctrine of judicial restraint provides advice on how judicial review should be used.
B)Following the doctrine of judicial restraint involves favoring precedent over judicial review.
C)Advocates of judicial restraint believe that the power of judicial review should be eliminated.
D)The power of judicial review would not exist if it were not for widespread agreement about the doctrine of judicial restraint.

Question 31

In an inquisitorial system of justice,judges are most similar to __________.

A)administrators
B)detectives
C)legislators
D)referees

Question 32

How does American law differ from European law?

A)American law depends on conflict between opposing lawyers.
B)American law favors legislative decisions over precedent.
C)American judges work more closely with police investigators.
D)American judges are more strongly hemmed in by precise statutes.

Question 33

What was the significance of Marbury v.Madison?

A)The ruling created the concept of judicial review.
B)The ruling claimed that federal taxes could not be levied on the states.
C)The ruling stated that even the president is subject to the Court's decisions.
D)The ruling decreed that current administrations must honor the appointments of previous administrations.

Question 34

What is the relationship between the decision issued in the case of Marbury v.Madison and today's Supreme Court?

A)The contemporary Court has gradually undermined the scope of the Marbury v.Madison ruling.
B)Marbury v.Madison established the basis for the Court's ability to declare laws unconstitutional.
C)The contemporary Court explicitly rejects the principles of Marbury v.Madison whenever it strikes down a state law.
D)Marbury v.Madison provided specific direction on interpreting the Constitution that is still followed by the Court today.

Question 35

An accusatorial system of justice has which of these in common with an inquisitorial system?

A)Both give judges a large amount of discretion in conducting trials.
B)Both rely on prosecutors bringing charges of wrongdoing to a judge.
C)Both put the judge in a position of acting as both investigator and jury.
D)Both require prosecutors to argue their case against a defense attorney.

Question 36

How does Germany's Constitutional Court compare to the U.S.Supreme Court?

A)Due to executive restraints,Germany's Constitutional Court is less powerful than the U.S.Supreme Court.
B)Germany's Constitutional Court establishes the law of the land,while U.S.Supreme Court rulings can still be appealed.
C)Germany is a code-law country,so the Constitutional Court's decisions do not have the impact of U.S.Supreme Court decisions.
D)Germany's Constitutional Court is much more activist than the U.S.Supreme Court,so its decisions in favor of expanded rights are extremely influential.

Question 37

What does the Corruption Perception Index indicate about perceived corruption in the United States?

A)It is lower than its wealth would suggest.
B)It is higher than its wealth would suggest.
C)It is much lower than in most other modern democracies.
D)It is much higher than in most other modern democracies.

Question 38

Judicial review allows courts to get involved in __________.

A)the legislative process
B)the investigation of criminal conduct
C)settling disputes between private parties
D)interpreting the nation's foundational laws

Question 39

A British judge usually serves __________.

A)for four years
B)for ten years
C)until death or resignation
D)until there is a new Parliament

Question 40

Suppose you wanted to argue that the Supreme Court should have the right to exercise the power of judicial review.Which of these statements would provide the support for this thesis?

A)The use of judicial review opens up the Constitution to multiple and potentially conflicting interpretations.
B)Trial courts cannot carry out their basic role in the legal system without the power of judicial review.
C)The U.S.Constitution does not explicitly state that federal courts cannot exercise the power of judicial review.
D)Without the power of judicial review,the Court would not be able to play much of a role in the system of checks and balances.

Question 41

An advocate of judicial restraint would most likely argue that the Warren Court __________.

A)went too far in expanding judicial power
B)was too strongly committed to the doctrine of stare decisis
C)relied on an accusatory approach rather than an inquisitorial approach
D)was unable to bring constitutional doctrines into the twentieth century

Question 42

Compared to other periods in Supreme Court history,the Warren Court was notably __________.

A)assertive
B)polarized
C)restrained
D)unified

Question 43

A conservative judge appointed to the Supreme Court by a Republican president is most likely to become more liberal if __________.

A)a Democrat becomes the next president
B)the Court already has a majority of conservatives
C)public opinion is more liberal than his or her own views
D)he or she begins to worry that the Court's decisions are too narrow

Question 44

In Lombard v.Louisiana (1963),the Warren Court relied on the Fourteenth Amendment to support __________.

A)sit-ins
B)torture
C)boycotts
D)warrantless arrests

Question 45

The U.S.Supreme Court's power to review the constitutionality of laws is not mentioned specifically in the Constitution and has been vehemently challenged.

Question 46

Which statement explains how the functioning of the American legal system intensifies political conflict in the United States?

A)Federal judges are able to ignore public opinion because they are appointed to lifetime terms.
B)The exercise of judicial review often results in court rulings that function like public policy decisions.
C)The adversarial system results in a tense courtroom atmosphere when high-profile cases are being tried.
D)The courts' use of precedent makes it important for elected officials to be as precise as possible when writing laws.

Question 47

How did the Warren Court impact criminal law in the United States?

A)It expanded the rights enjoyed by criminal defendants.
B)It introduced inquisitorial aspects in the courtroom practices.
C)It widened the scope of activities that were considered illegal.
D)It shifted the role of trial judges from referee to one-person jury.

Question 48

Eliminating the power of judicial review would weaken courts in the United States by __________.

A)making the statutes that courts interpret less clear
B)eliminating the discretion afforded by common law
C)removing them from the process of interpreting the Constitution
D)making judges more dependent on information provided by prosecutors

Question 49

A critic of the Warren Court would most likely argue that it __________.

A)showed too much respect for precedent
B)acted more like a legislature than tribunal
C)did not go far enough to protect individual rights
D)paid too much attention to influential members of Congress

Question 50

Court structures in other Western democracies largely parallel the U.S.system,but tend to be less powerful regarding legislation.

Question 51

The decision by the Supreme Court in Brown v.Board of Education that forced the integration of public schools is an example of __________.

A)positive law
B)stare decisis
C)judicial review
D)diversity of jurisdiction

Question 52

The pinnacle of the federal court system is the U.S.Supreme Court,consisting of one chief justice and six associate justices.

Question 53

In criminal court proceedings,the victim is considered the plaintiff.

Question 54

In British and American criminal cases,the police investigate and report to a public prosecutor,often a county's district attorney.The case is then passed to a judge who must decide whether to prosecute.

Question 55

Mapp v.Ohio (1961)ruled that __________.

A)evidence police seized without a warrant was inadmissible in a state court
B)those who cannot afford legal counsel will have an attorney provided to them
C)police officers can use evidence that they stumble upon while looking for something else
D)law enforcement officers may search private residences and obtain a warrant after the fact

Question 56

British judges are nominally appointed by the prime minister,but the choice is really the monarch's,based on recommendations of the lord chancellor.

Question 57

The federal courts hear many diversity jurisdiction cases,which involve some form of discrimination.

Question 58

The Supreme Court has the final word on interpreting the U.S.Constitution.

Question 59

A decision made by the Roberts Court led directly to the creation of Super PACs.

Question 60

In his 1968 campaign,Richard Nixon championed the decisions made by the Warren Court.