Q&A Hero

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.

Q: Describe the purposes and accomplishments of the two Continental Congresses.

Q: Discuss some states' reluctance to accept the Constitution and how it was remedied.

Q: Explain the primary purpose of the Constitution and how it is achieved.

Q: The term __________ refers to the interaction and assimilation that occurred over time among the colonists.

Q: The __________________ Amendment concerns the right to privacy and security and forbids the government or its agents from searching individuals, their homes or their personal possessions or from seizing them unless the government has "probable cause" to believe that a crime has been committed.

Q: The __________________ Amendment prohibits the government from housing soldiers in private homes in peacetime without the owner's consent.

Q: The ________________ Amendment prohibits excessive bail, excessive fines and cruel and unusual punishment.

Q: England's historic ___________, a precedent for democratic government and individual rights, played an important role in the framing of the United States Constitution.

Q: In the supremacy clause, the________________ declared itself to be the supreme law of the land.

Q: The ________________ Amendment states: "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people," thus answering the objections of those who thought that naming some rights but not all might result in the government's claiming more power than was intended.

Q: Freedom of religion, speech and the press is contained in the ________________ Amendment.

Q: The _________________ was established vertically through the separation of power between the federal government and the states, and laterally through the three branches of government.

Q: The right of the people to "keep and bear arms" is contained in the ________________ Amendment.

Q: The balance of power was established by creating three separate branches of government, all of which work completely independently of each other.

Q: Cultural and ethnic diversity has always been an attribute of America.

Q: The Constitution was signed in Philadelphia on July 4, 1776.

Q: The Articles of Confederation established a Congress to conduct the necessary tasks of a central government.

Q: As a result of the Boston Tea Party, British Parliament restricted town meetings in American colonies to one a year and required British troops to be housed in private homes.

Q: The Constitution did not abolish slavery, an error that was rectified in the Bill of Rights.

Q: Constitutionalism is one of the most original, distinctive contributions of the American system of government.

Q: Laws are enforced through punishment.

Q: Laws of the United States may only originate in the House of Representatives

Q: The Federalists, who favored a strong central government, were challenged by the Anti-Federalists, who advocated against the creation of any type of central government.

Q: Opponents of the death penalty most frequently cite which Amendment's prohibition against cruel and unusual punishment? a. Fifth Amendment b. Sixth Amendment c. Fourth Amendment d. Eighth Amendment

Q: The Amendment that contains the famous due process clause, "nor shall any person be deprived of life, liberty, or property without due process of law," is the: a. Fifth Amendment b. Sixth Amendment c. Fourth Amendment d. Eighth Amendment

Q: The Amendment that guarantees the right against unreasonable searches and seizures is the: a. Fifth Amendment b. Sixth Amendment c. Fourth Amendment d. Eighth Amendment

Q: Of the following, the one that permits the U. S. Supreme Court to become the ultimate decision maker in whether laws and actions of government circumvent the Constitution and invalidate them if they do so, is/are the: a. Bill of Rights b. Articles of Confederation c. Supremacy Clause d. Quartering Act

Q: The Amendment which requires a grand jury indictment in felony cases, prohibits double jeopardy and provides the right against self-incrimination is the: a. Fifth Amendment b. Eighth Amendment c. Sixth Amendment d. Fourth Amendment

Q: The Amendment which describes the requirements for a fair trial, including the right of the accused to a speedy and public trial, an impartial jury, to be advised of the charges against them, to confront witnesses against them and to be represented by a lawyer is the. a. Fifth Amendment b. Eighth Amendment c. Sixth Amendment d. Fourth Amendment

Q: Who said, "Forbid it, Almighty GodI know not what course others may take, but as for me, give me liberty, or give me death!" a. Samuel Adams. b. Paul Revere. c. Patrick Henry. d. George Washington.

Q: The Boston Tea Party was not: a. a demonstration of the unwillingness of the colonists to pay taxes to Great Britain without representation. b. an act of protest against British rule over the colonies. c. the culmination of growing resentment towards Parliament for passage of laws such as the Stamp and Quartering Acts. d. a formal meeting between British and colonial officials to establish a trade agreement.

Q: When the Articles of Confederation were drafted, the number of independent states in the Union was: a. 7 b. 9 c. 11 d. 13

Q: Pluralism refers to: a. a society in which numerous distinct ethnic, religious or cultural groups coexist within one nation, each contributing to the society as a whole. b. the combination of constitutional, statutory and common law. c. a single act being classified as both a crime and a tort. d. a society in which numerous distinct ethnic, religious or cultural groups maintain their individual beliefs and form of government.

Q: The Great Compromise was: a. another term for the Constitution. b. the foundation of the Bill of Rights. c. the agreement that gave each state an equal vote in the Senate and a proportionate vote in the House. d. the purchasing agreement made for most of the Indian land west of the Mississippi River.