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Criminal Law
Q:
When a court agrees with a lower court ruling, they ________ the lower court's decision.
Q:
The ____________ of a case is the precise statement of the decision reached by a court.
Q:
The UCLA Law Review, being a compilation of recently decided cases pertinent to criminal justice professionals, is an example of a _______________ information source.
Q:
Judge's thoughts in an opinion on issues not essential to the court's decision, looking at facts or issues other than those needed to determine the case are called ________ and are not binding on future courts.
Q:
Legal citations are usually followed by the _______________.
Q:
The ___________________ publishes regional sets of appellate opinions, as well as individual sets for specific states.
Q:
Anderson v. Smith is an example of a case's _______________.
Q:
The most authoritative information regarding the law is from a ________________ source.
Q:
Not all cases produce opinions, particularly at the trial court level.
Q:
The newspaper is not considered a legitimate source of information regarding the law.
Q:
Most legal encyclopedias make distinct efforts to be objective and noncritical by simply stating the propositions of law and providing an elementary introductory explanation.
Q:
A basic rule of legal procedure is that there can be only one opinion written for each case decided in court.
Q:
Basic legal research skills are as important as any of the more traditional job-related skills you pursue in the field of criminal justice.
Q:
The laws of the U.S. Congress are considered secondary sources.
Q:
Wikipedia is considered a reliable source for academic purposes.
Q:
Being able to "think in reverse" is a helpful skill in reading case law.
Q:
One should never infer anything from the decisions made in a judicial opinion.
Q:
A concurring opinion is one written by a justice who disagrees with the holding and voted against the majority.
Q:
Which of the following would not be included in a brief?
a. case name and citation.
b. summary of key facts.
c. legal issues involved.
d. copies of supporting articles.
Q:
The Police Chief magazineis an example of:
a. popular literature
b. professional literature
c. primary sources
d. scholarly literature
Q:
The final, official opinions of the Supreme Court of the United States are found only in the printed, bound volumes of:a. the National Reporter Systemb. Westlawc. SCOTUS blogd. the United States Reports
Q:
Which of the following would not be considered a source of primary information?a. state legislationb. state constitutionsc. specialized treatisesd. Congressional statutes
Q:
Time and Reader's Digest are examples of:
a. popular literature
b. professional literature
c. primary sources
d. scholarly literature
Q:
A legal opinion usually contains all of the following except:
a. a description of the facts.
b. a statement of the legal issues presented for decision.
c. concurring or dissenting opinions of the plaintiff.
d. the relevant rules of law.
Q:
Which of the following information sources would not be classified as secondary?
a. popular literature.
b. scholarly literature.
c. law school publications, such as the Harvard Law Review.
d. state constitutions.
Q:
Many holdings of the Supreme Court are binding on the states through:
a. Marbury v. Madison
b. the Second Amendment
c. Article II of the U.S. Constitution
d. the Fourteenth Amendment
Q:
To determine whether a particular case has been overturned or is still good law, you would:
a. remand it.
b. check popular literature.
c. shepardize the case.
d. brief it.
Q:
A basic professional skill is to regularly review:
a. case briefs.
b. news sources.
c. legal dictionaries.
d. law journals.
Q:
A comprehensive text on a legal subject that goes into a specific subject in depth is known as a:
a. legal periodical
b. treatise
c. legal dictionary
d. legal encyclopedia
Q:
"Briefing" a case means to:
a. outline the pertinent aspects of the case..
b. refer it to a lower court.
c. read about it in the popular literature.
d. write an opinion about the case.
Q:
The ability to effectively identify an issue, narrow that issue, access appropriate online sites, separate fact from fiction and present the findings professionally is known as:
a. dicta
b. briefing cases
c. shepardizing
d. information literacy
Q:
A legal citation is:
a. a brief summary of the ruling in a case.
b. a standardized way of indicating the location of a specific legal document, opinion, or publication.
c. the constitutional definition of a legal term or concept.
d. an element of common law.
Q:
The caption of a case tells:
a. in what other digests the case may be found.
b. the parties that are involved in a case.
c. when the case was first filed with the court.
d. who won the case.
Q:
Primary information sources:
a. are easier for nonlawyers to understand and work with.
b. are merely analysis and synthesis of information.
c. include legal encyclopedias.
d. include appellate court decisions at the state and federal level.
Q:
Which of the following statements about the National Reporter System is not true?
a. It is the official reporting system for the U.S. Supreme Court.
b. It publishes seven regional sets of volumes.
c. It publishes individual sets of volumes for specific states.
d. It contains court decisions of cases decided from about 1887 to present.
Q:
Literature is written for people interested in theory, research, statistical analysis and the like is called:
a. Popular literature
b. Professional literature
c. Technical literature
d. Scholarly literature
Q:
On what page number does this case begin: Miranda v. Arizona, 384 U.S. 436 (1966)?
a. 384
b. 436
c. 1,966
d. Not enough information is provided.
Q:
Professional literature is written for the:
a. layperson.
b. practitioner in a given field.
c. research analyst.
d. undergraduate level student.
Q:
Publications which examine current case law and which record and critique the activities of legislators and judges, and which discuss legal developments are generally known as: a. treatises.b. legal periodicals.c. legal encyclopedias.d. legal opinions.
Q:
Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) is an example of a:
a. secondary source.
b. scholarly literature review.
c. string cite.
d. case brief.
Q:
When an appeals court's holding returns the case to the lower court for further action, it is said to have:
a. reversed the decision.
b. remanded the case.
c. concurred with the outcome.
d. affirmed the lower court's ruling.
Q:
Traditionally, law has been taught through:
a. the Socratic method.
b. studying case law.
c. reading general statutes.
d. analyzing scenario-based case studies.
Q:
Case law is recorded as:
a. an opinion.
b. a statute.
c. an article.
d. an ordinance.
Q:
Which of the following is an example of a legal citation?
a. 42 USC 1983.
b. Reader's Digest, page 25.
c. Law Week, Issue 17, page A4.
d. "Reversed and remanded."
Q:
Which of the following is not a primary information source?
a. raw data or the original information.
b. the U.S. Constitution.
c. U.S. Reports.
d. treatises and legal texts.
Q:
When reading case law, it is helpful to think in reverse because:
a. the opinion usually starts with the holding, which is the end result of the deliberations, and then provides an explanation.
b. the opinion begins with the policies and reasons that support the holding.
c. the reader must research earlier decisions for the rule of law.
d. all cases preceding the ruling are summarized first in the opinion.
Q:
When an appeals court reviews a case, it passes judgment on the actions of:
a. the prosecutor.
b. a lower court.
c. a defendant.
d. the police.
Q:
When a court sets aside or annuls a decision, it has:
a. reversed the decision.
b. remanded the decision.
c. vacated the decision.
d. overturned the decision.
Q:
Describe the influence of the Supreme Court on the justice system.
Q:
Explain the types of opinions that may be written by Supreme Court justices, who may write them, and the purpose of each.
Q:
Explain the process used in deciding which cases will be heard by the Supreme Court.
Q:
Describe the authority the Supreme Court has and how it has come by this authority.
Q:
Describe the ideological makeup of the current Supreme Court. In your opinion, do labels such as "liberal" or "conservative" provide an accurate portrayal of the current Court? Explain.
Q:
It can be interpreted from The Federalist Papers that the Supreme Court was assigned the awesome task of practically overseeing the __________.
Q:
The justices not only render decisions, they also __________ the Constitution.
Q:
During ___________, the justices consider administrative matters and write opinions, but do not hear cases.
Q:
All questions are allowed, and politics become readily apparent, during a Supreme Court nominee's ___________ process.
Q:
The Supreme Court has effectively created most of its own power and authority through the process of ________________.
Q:
After the President nominates a judge for appointment to the Supreme Court, the _______________ must confirm the nomination.
Q:
An opinion that agrees with the majority is called a ___________________ opinion.
Q:
The current Supreme Court is considered by many to be ________________.
Q:
Decisions that favor the government's interest in prosecuting and punishing offenders over recognition or expansion of individual rights tend to be classified as __________ decisions.
Q:
_______________ is a Latin term that means "to be informed."
Q:
In Ex parte McCardle (1868), Congress reserved the right to limit the jurisdiction of federal courts, including the Supreme Court.
Q:
In the case of Martin v. Hunter's Lessee, the final determination was that the Supreme Court had the authority to review cases involving federal law, even though the case is pending in a state court.
Q:
The Supreme Court has original jurisdiction in any criminal case where controversies over the death penalty are involved.
Q:
A petition is a written statement from the Court.
Q:
The Supreme Court has tremendous power through the process of judicial review.
Q:
The framers of the Constitution were very specific as to how the Supreme Court was to be organized.
Q:
Due to its strict conformance to stare decisis, the Supreme Court cannot overrule itself.
Q:
The Supreme Court, powerful as it is, cannot override the will of the majority expressed in acts of Congress.
Q:
In determining which cases to hear, the justices are often looking for cases involving matters that directly influence the law and the nation.
Q:
Decisions made by the Supreme Court affect the everyday lives of Americans.
Q:
The Supreme Court established its authority as the final interpreter of the Constitution in the case of:
a. Martin vs. Hunter's Lessees
b. Ex parte McCardle
c. Plessy v. Ferguson
d. Marbury v. Madison
Q:
Of the following statements about dissenting opinions, all are accurate except:
a. They carry no legal authority.
b. They date to the King's Bench of Great Britain in 1792.
c. They are often used in hope of influencing future decisions.
d. They carry the same legal authority as the majority opinion.
Q:
Since the origin of the Supreme Court, ___________________ justices have served.
a. nearly 40
b. between 60 and 65
c. more than 100
d. nearly 210
Q:
When the Supreme Court denies certiorari, it means the Court:
a. is upholding the lower court ruling.
b. believes the case lacks merit.
c. finds the issue moot.
d. takes no official position on the case.
Q:
The current Supreme Court:
a. overwhelmingly supports judicial review.
b. is impartial on the issue of judicial review.
c. supports the expansion of rights for offenders within the criminal justice system.
d. is perceived to be a "law and order" court that supports expanded discretionary authority for criminal justice professionals.
Q:
The number of women who have served on the Supreme Court through 2010 is:
a. zero
b. one
c. three
d. four
Q:
The case which authorized the Court to maintain a position of the ultimate de facto lawmaker by deciding what legislation is and is not constitutional is:
a. Martin vs. Hunter's Lessees
b. Ex parte McCardle
c. Plessy v. Ferguson
d. Marbury v. Madison