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Law
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
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.