Q&A Hero

Q: The Court has jurisdiction over two general types of cases, cases that reach it on appeal and cases over which the Court has: a. original jurisdiction. b. appellate jurisdiction. c. the power of judicial review d. subject-matter jurisdiction

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 misdemeanors b. treason c. dereliction of duty d. 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 construction b. judicial restraint c. judicial review d. natural law

Q: Martin v. Hunter's Lessee held 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 Ex parte McCardle (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 Marbury v. Madison established: 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: 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.

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

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

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

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.

Q: Case law is promulgated by legislatures or governing bodies.

Q: State supreme courts derive their power from the United States Constitution.

Q: Each state has its own federal circuit court of appeals.

Q: The doctrine of stare decisis firmly prevents the law from changing or reconsidering itself in matters in which undesirable law resulted.

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

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 United States v. Smith is 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.

Q: To bring a case or to argue a legal issue in court, one must have an actual interest in the matter of dispute, which is called: a. standing b. ripeness c. mootness d. jurisdiction

Q: The following statements are true about both torts and crimes, except: a. Both could result from the same single act. b. Both differ by who is considered the victim. c. Both must be heard separately by the court(s). d. Both are subject to the same standard of proof in court.

Q: Since the ratification of the Bill of Rights more than 7,000 amendments have been proposed in Congress. Of those, the number that have been successfully ratified is: a. 53 b. 115 c. 700 d. 17

Q: Which of the following is not an officer of the court? a. Sheriff b. Judge c. Lawyers d. Plaintiff

Q: Statutory law can also be referred to as: a. case law b. codified law c. common law d. canonized law

Q: The Constitution ensures individual liberty by: a. limiting government power. b. giving the government enough power to protect the innocent. c. giving individuals the freedom to decide. d. restricting the authority of state governments to enforce the law.

Q: The number of U.S. Courts of Appeals in the federal court system is: a. 4 b. 12 c. 52 d. 94

Q: American law is considered a living law because: a. it can change as society changes. b. it can never be rescinded or cancelled. c. once a law is passed, it stands forever. d. there are no constraints on its application or interpretation.

Q: Common law was: a. that which applied to the common people, not to those in the upper echelon of society. b. set forth in well-documented codes. c. established by early English and Roman rulers. d. based on customs and traditions followed throughout England.

Q: Law does all of the following, except that it does not: a. respond to the perceived needs of the society it serves. b. define unacceptable behavior. c. establish consequences for unlawful behavior. d. provide justice for all.

Q: Marx regarded punishment as a way to: a. provide social solidarity. b. control the lower class. c. limit the power and influence of the upper class. d. exact revenge.

Q: The standard of proof required in a civil case is: a. more stringent than that required in a criminal case. b. the same as that required in a criminal case. c. a preponderance of the evidence. d. proof beyond a reasonable doubt.

Q: States' penal codes contain: a. Civil laws b. Criminal laws c. Codified laws d. common law

Q: Those who are not party to a legal action but who still have an interest in the case may: a. subpoena the judge to have their testimony heard. b. file a writ of certiorari with the court and enter themselves as a "hostile" witness. c. submit an amicus brief arguing their perspective, although such briefs are considered only at the pleasure of the court. d. not do anything--only those who are directly party to the legal action may address the court.

Q: The place where a specific case may come to trial and the area from which the jury is selected is known as: a. voir dire b. jurisdiction c. district d. venue

Q: The concept that courts will continue to rely on prior cases to ensure consistency in the law is called: a. original jurisprudence. b. lex talionis c. stare decisis. d. venue.

Q: A basic purpose of the American legal system is to: a. remove power from the government. b. develop a living law. c. ensure fairness in balancing individual and societal rights and needs. d. create a system that, while not perfect, is the best in the world.

Q: Explain the problem of dual sovereignty of the federal and state governments and how it was resolved.

Q: Explain the role of the Magna Carta in framing the U.S. Constitution.