Q&A Hero

Q: Federal judges (including Supreme Court justices) can be removed from their office "on impeachment for and conviction of" all of the following, except:a. high crimes and misdemeanorsb. treasonc. dereliction of dutyd. bribery

Q: The percentage of cases submitted to the Supreme Court which are summarily denied, having no justices expressing an interest in them is approximately: a. 30% b. 50% c. 70% d. 90%

Q: The minimum number of justices required to vote in favor or granting certiorari to review a case is: a. 2 b. 4 c. 3 d. 1

Q: It is the Supreme Court's responsibility to monitor government infringement on civil rights according to the doctrine of:a. strict constructionb. judicial restraintc. judicial reviewd. natural law

Q: Martinv.Hunter"sLesseeheld that the Supreme Court could: a. reverse state court decisions that involved federal legal issues. b. declare acts of Congress unconstitutional.c. be the final arbiter in disputes between states.d. have original jurisdiction in cases involving Constitutional issues.

Q: Which of the following is not within the power of the Supreme Court? a. It can override the will of the majority expressed in an act of Congress. b. It can require redistribution of political power in every state. c. It can issue proactive opinions to address and avoid future controversies. d. It has original jurisdiction in all cases involving ambassadors, other public ministers and consuls.

Q: The only other court or legislative body that can overrule a Supreme Court decision is: a. another federal court having original jurisdiction. b. the lower court to which the case was remanded. c. Congress, with a three-fourths vote in the House and a two-thirds vote in the Senate. d. no other body may overrule the U.S. Supreme Court.

Q: The current Chief Justice is: a. Sandra Day O"Connor. b. William Rehnquist c. Clarence Thomas d. John G. Roberts, Jr.

Q: Strict construction refers to: a. a justice expressing hostility or anger in an opinion. b. a rigid reading and interpretation of a law. c. the manner in which our legal system was designed and developed. d. a lenient means of interpreting the law.

Q: The ability of a president to select a Supreme Court justice is a powerful political opportunity because: a. the justice selected will treat that president with favoritism, should they ever be involved in a legal dispute. b. the justice selected must rule the way the president wishes. c. it might be possible to select a candidate with similar political views. d. most judicial candidates are powerful people themselves.

Q: Supreme Court decisions that are pro-person accused or convicted of a crime, pro-civil liberties or civil rights claimants, pro-indigents, pro-Native Americans and anti- government are considered to be: a. Liberal decisions b. Conservative decisions c. Libertarian decisions d. Independent decisions

Q: In ExparteMcCardle (1868), Congress reserved the right to: a. overrule Supreme Court decisions with a two-thirds vote of the Senate. b. limit the jurisdiction of federal courts, including the Supreme Court. c. limit the jurisdiction of federal courts, but not the Supreme Court. d. override the Constitution by promulgating unconstitutional law.

Q: How many justices sit on the Supreme Court? a. five b. seven c. eight d. nine

Q: The reason a Supreme Court appointment is lifetime is: a. so a justice may not be unduly influenced. b. because it is very time consuming to select and train a justice. c. because it would be age discrimination to require them to retire. d. to continue the political legacy of the appointing President.

Q: Of the cases put before the Court, it accepts for review about: a. 1% b. 10% c. 50% d. 85%

Q: When the Court grants certiorari, it will: a. officially end that term. b. hear and decide that case. c. consider hearing that case. d. allow the ruling of the lower court to stand.

Q: The laws that emanate from the Supreme Court: a. are the law of the land. b. may be appealed to another court having similar jurisdiction. c. constitute statutory law. d. may hold only until the end of the presiding chief justice's term.

Q: The case of Marburyv.Madisonestablished: a. lifetime appointment for justices. b. that the Supreme Court has the authority to review acts of Congress. c. that police must notify suspects of their rights prior to questioning. d. that the Supreme Court must function only as an appellate court.

Q: Judicial review refers to:a. a quarterly review of the Supreme Court by Congress.b. the rating system that allows American citizens to express their level of satisfaction regarding Supreme Court rulings.c. the methodology used by a president in selecting a justice for appointment to the Supreme Court.d. the power of the Supreme Court to analyze the constitutionality of decisions of other government entities and lower courts.

Q: The U.S. Supreme Court has original jurisdiction: a. in cases dealing with foreign dignitaries and in legal disputes between states. b. in cases brought before it on appeal. c. when citizens claim violations of their rights under the Constitution. d. in cases dealing with treaties and those involving federal officials.

Q: The first Supreme Court was established by the: a. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d. First Amendment

Q: The framework for the federal judiciary is:a. based on common law.b. found in the Declaration of Independence. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. Constitution.

Q: In our American adversarial judicial system, attorneys represent both the suspect and the people. Frequently, defense attorneys are asked, "how can you defend someone accused of such a horrible crime?" Assume that you are defense attorney and need to answer this question. How would you answer it?

Q: The adult criminal justice system emphasizes punishment, while the juvenile justice system emphasizes rehabilitation of the offender. Do you think the rehabilitative emphasis of the juvenile justice system is still valid today? Explain your answer.

Q: A geographic area in which a case may be heard is known as a. venue.b. concurrent jurisdiction. c. original jurisdiction.d. general jurisdiction.

Q: A court that is authorized to hear cases first, try them, and render decisions is known as a court of a. primary jurisdiction.b. original jurisdiction.c. appellate jurisdiction. d. exclusive jurisdiction.

Q: Courts that may hear a wide range of cases have ______jurisdiction.

Q: To avoid relying on a case that has been overturned or otherwise rendered invalid, attorneys and paralegals use a reference technique known as _________________.

Q: Early English judge-made law, based on customs and traditions that will follow throughout the country, is known as ____________.

Q: The __________, written in the fifth century B.C., distinguished public and private laws and influenced legal thought throughout the Middle Ages.

Q: _____means to make law through a legal process.

Q: The basic purpose of the United States legal system is to ensure fairness in balancing individual and societal needs while the same time preventing excessive government power. Some people think it's become too complicated balancing these interests and justice has been compromised. What do you think? Please explain your view on this giving at least two examples that support your view.

Q: There are two schools of thought regarding the purpose of the criminal justice system, one advocating the crime control model and another at the due process model. How do they differ? Which one do you prefer? Why?

Q: The two competing models often identified when discussing the purpose of the criminal justice process include crime control anda. staredecisis.b. conflict theory.c. the supremacy clause. d. due process.

Q: The two prominent theories about the underlying purpose of law are consensus theory and a. social contract.b. conflict theory. c. positivism.d. crime control.

Q: Consensus theory is based on a philosophy proposed by French historian-philosopher, Montesquieu. a. Trueb. False

Q: Legal positivists suggest people should not create law in conflict with the natural order. a. Trueb. False

Q: A paradigm is a boundary or parameter that outlines a rule is based on experience. a. Trueb. False

Q: Determining if a case has been overturned or expanded on is done by:a. reading the dicta of the original case.b. visiting the courthouse of the original case. c. contacting the attorneys of record.d. using the most recent copy of Shepard's citations.

Q: A case brief does not include any dissenting opinions. a. Trueb. False

Q: If a court remands a case, it isa. supporting the lower court's opinion. b. overturning the opinion.c. returning the case to the lower court. d. dissenting with the majority.

Q: A legal opinion contains a statement of the legal issues presented, but not the relevant rules of law. a. Trueb. False

Q: Contrast the criminal and juvenile justice systems.

Q: Discuss how the Constitution ensures individual liberty.

Q: Explain the basic purpose of the American legal system and why American law is said to be a living law.

Q: Explain the difference between a crime and a tort.

Q: Discuss in detail the similarities and differences between the consensus theory and conflict theory.

Q: The court of last resort in most federal cases is the ___________.

Q: ______________describes the authority of a court to review cases and to either affirm or reverse the actions of a lower court.

Q: The ________doctrine prevents the court from getting prematurely involved in a case that may eventually be resolved through other means.

Q: ___________ describes the authority of a court to hear cases first, try them and render decisions.

Q: Those who ____law create it.

Q: Courts with general jurisdiction may hear a wide range of cases, whereas those of_____ jurisdiction hear a much narrower range of cases.

Q: Local jurisdictions, such as at the county or municipal level, may enact their own specific codes, often referred to as _____.

Q: Stare decisis is a common law doctrine requiring that _____ set in one case shall be followed in all cases having the same or similar circumstances.

Q: As a term in American law, common law is synonymous with _____law.

Q: Overrepresentation of racial and ethnic minorities in arrest, prosecution, imprisonment and capital punishment as both the product of inequality and an expression of prejudice against minorities may be explained by ______ theory.

Q: Clerks of court are responsible for keeping the courtroom proceedings orderly and dignified. a. True b. False

Q: An act must be distinguished as either a crime or a tort; it cannot be both. a. True b. False

Q: Regardless of the level of jurisdiction, a statutory law may not violate the Constitution. a. True b. False

Q: The Durkheimian perspective saw punishment as revenge and a means to restore and solidify the social order. a. True b. False

Q: A significant influence on the development of the American legal system was the system of common law that evolved in England during the Middle Ages. a. True b. False

Q: Case law is promulgated by legislatures or governing bodies. a. True b. False

Q: State supreme courts derive their power from the United States Constitution. a. True b. False

Q: Each state has its own federal circuit court of appeals. a. True b. False

Q: The doctrine of staredecisisfirmly prevents the law from changing or reconsidering itself in matters in which undesirable law resulted. a. True b. False

Q: The U.S. Supreme Court's chief function is as an appellate court. a. True b. False

Q: Simply put, a law is: a. that which those in power deem to be right and just. b. a rule with the power of government behind it. c. a matter of interpretation, being different things to different people. d. the way a society is defined.

Q: The philosophy which is based on free, independent individuals agreeing to form a society and to give up a portion of their individual freedom to benefit the security of the group is generally known as: a. a social contract b. communal well-being c. the federalist philosophy d. natural law

Q: In a civil case, the party bringing suit is represented by: a. the prosecutor b. a plaintiff's lawyer c. a defense attorney d. the public defender's office

Q: A case with the caption UnitedStatesv. Smithis most likely a: a. criminal case b. civil case c. class action suit d. federal appeal

Q: The vast majority of cases heard in U.S. District Courts are:. a. criminal cases b. civil cases c. drug cases d. homeland security cases

Q: The juvenile justice system is comprised of the following components: a. intervention, courts, and rehabilitation b. law enforcement, courts, and corrections c. intervention, adjudication, and punishment d. law enforcement, counseling, and rehabilitation

Q: For an amendment to the U.S. Constitution to be ratified, the number of state legislatures or special conventions which must agree is: a. one-fourth b. one-half c. two-thirds d. three-fourths

Q: Which of the following is not true of the adversarial judicial system? a. only actual conflicts will be heard by a court. b. "what if" questions will not be heard. c. sides are drawn-accuser vs. accused-with one side challenged by the other. d. the accused has the burden of proof.

Q: Which of the following is not one of the three levels of court function in both state and federal courts? a. trial courts b. appellate courts c. circuit courts d. courts of last resort

Q: When a court decision would have no practical effect, a case is apt to be dismissed for: a. standing b. ripeness c. mootness d. jurisdiction

Q: Conduct prohibited by law simply because the person engaging in the behavior is a minor is considered a/an: a. Delinquent act b. Status offense c. Infraction d. Youthful offense

Q: The scales of justice represent: a. keeping individual and societal needs in balance. b. the struggle for power between good and evil. c. the two sides of prosecution and defense. d. the weighing the evidence of guilt or innocence.

Q: The two main functions of the courts are to: a. determine guilt or innocence and interpret laws b. settle controversies and review cases for legal improprieties. c. settle controversies and decide the rules of law that apply in the case. d. determine guilt or innocence and apply appropriate sanctions.