Poly Sci 14

Front 1

The common law tradition that forms the basis for how the American legal system operates came from
a. France.
b. England.
c. Spain.
d. Canada.
e. Russia.

Back 1

B

Front 2

____ law is the body of law developed from judicial decisions in English and U.S. courts.
a. Common
b. Administrative
c. Constitutional
d. Statutory
e. Code

Back 2

A

Front 3

A precedent is best defined as a
a. controversy that is not hypothetical or academic but real and substantial.
b. law based on the U.S. Constitution.
c. law enacted by a legislature.
d. ruling that a person has disobeyed a court order.
e. court decision that furnishes an example or authority for deciding subsequent cases.

Back 3

E

Front 4

Stare decisis is a common law doctrine under which
a. judges normally are obligated to follow the precedents established by prior court decisions.
b. the U.S. Supreme Court issues an order to a lower court requesting the latter to send it the record of the case in question.
c. an individual is required to have a sufficient stake in a controversy before he/she can bring a lawsuit.
d. the Supreme Court denies “cert.”
e. the courts decide on the constitutionality of legislative enactments and of actions taken by the executive branch.

Back 4

A

Front 5

The U.S. Constitution provides for jury trials in
a. Article I.
b. Article II.
c. Article III and in the Bill of Rights.
d. the Fourteenth Amendment.
e. Article VI.

Back 5

C

Front 6

____ is the basis of all law in the United States.
a. Common law
b. Curiae regis
c. Civil law
d. The U.S. Constitution
e. Administrative law

Back 6

D

Front 7

Unless they conflict with the U.S. Constitution or a federal law, ____ are supreme within the borders of their respective states.
a. state constitutions
b. state statutes
c. the rules of law announced in state court decisions
d. the rules and regulations of state administrative agencies
e. local ordinances

Back 7

A

Front 8

____ law is the body of law enacted by legislatures.
a. Constitutional
b. Statutory
c. Common
d. Administrative
e. Case

Back 8

B

Front 9

Federal statutes
a. do not have to comply with the U.S. Constitution.
b. do not apply to the states.
c. are laws enacted by the U.S. Congress.
d. are laws enacted by state legislatures in a federal system of government.
e. are rules of law announced in court decisions.

Back 9

C

Front 10

____ law includes laws enacted by Congress as well as the ordinances passed by cities and counties.
a. Constitutional
b. Case
c. Administrative
d. Statutory
e. Common

Back 10

D

Front 11

____ law is the body of law created by government agencies in the form of rules, regulations, orders, and decisions.
a. Constitutional
b. Administrative
c. Statutory
d. Case
e. Common

Back 11

B

Front 12

The importance of ____ law, or judge-made law, is one of the distinguishing characteristics of the common law tradition.
a. administrative
b. criminal
c. code
d. statutory
e. case

Back 12

E

Front 13

____ law spells out the duties that individuals in society owe to other persons or to their governments, excluding the duty not to commit crimes.
a. Civil
b. Case
c. Administrative
d. Common
e. Constitutional

Back 13

A

Front 14

Generally, ____ law has to do with wrongful actions committed against society for which society demands redress.
a. civil
b. constitutional
c. common
d. criminal
e. administrative

Back 14

D

Front 15

Before a court can hear and decide a particular case, the court must have
a. amicus curiae.
b. a writ of habeas corpus.
c. jurisdiction.
d. standing to sue.
e. a writ of certiorari.

Back 15

C

Front 16

____ is the requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.
a. Standing to sue
b. Stare decisis
c. Jurisdiction
d. Curiae regis
e. Judicial activism

Back 16

A

Front 17

When a court makes a judgment about an individual’s standing to sue, it is assessing that individual’s
a. mental health.
b. financial ability to bring a case to court.
c. “stake” in the matter that he/she wishes to bring to court.
d. understanding of the legal issues involved in the case that he/she wishes to bring to court.
e. citizenship.

Back 17

C

Front 18

A justiciable controversy is one that
a. is real and substantial.
b. cannot be heard in a court of law.
c. can only be heard by the U.S. Supreme Court.
d. is hypothetical or academic.
e. raises a federal question.

Back 18

A

Front 19

The federal court system has ___ levels of courts.
a. two
b. three
c. five
d. eight
e. ten

Back 19

B

Front 20

From lowest to highest, the federal court system’s tiers consist of the
a. U.S. district courts, the U.S. courts of appeals, and the U.S. Supreme Court.
b. U.S. courts of appeals, the U.S. Supreme Court, and the U.S. district courts.
c. U.S. Supreme Court, the U.S. district courts, and the U.S. courts of appeals.
d. U.S. district courts, the U.S. Supreme Court, and the U.S. courts of appeals.
e. U.S. Supreme Court, the U.S. courts of appeals, and the U.S. district courts.

Back 20

A

Front 21

If a federal question is involved, a decision of a state supreme court may be appealed to the
a. federal district courts.
b. U.S. courts of appeals.
c. federal district court for the District of Columbia.
d. Court of Appeals for the Federal Circuit.
e. U.S. Supreme Court.

Back 21

E

Front 22

The ____ are the federal trial courts.
a. superior courts
b. courts of common pleas
c. circuit courts
d. U.S. district courts
e. U.S. courts of appeals

Back 22

D

Front 23

There ____federal district court(s) in every
a. is at least one; state.
b. is at least one; county.
c. are at least two; state.
d. are four; state.
e. is at least one; congressional district.

Back 23

A

Front 24

Currently, there are ____ federal judicial districts.
a. 50
b. 51
c. 94
d. 100
e. 435

Back 24

C

Front 25

The Court of International Trade is
a. part of the judicial system of the United Nations.
b. an appellate court of the state judicial system of New York.
c. a federal trial court with specialized jurisdiction.
d. a court of the European Union.
e. a judicial division of the Export/Import Bank of the United States.

Back 25

C

Front 26

The U.S. Court of Appeals for the Ninth Circuit includes the states of
a. Texas and Mississippi.
b. California and Oregon.
c. Michigan and Ohio.
d. Illinois and Indiana.
e. New York and Vermont.

Back 26

B

Front 27

The U.S. courts of appeals
a. are the courts in which cases involving federal law begin.
b. hear appeals from the U.S. district courts located within their respective judicial circuits.
c. hear testimony and evidence before they make decisions in cases.
d. hear appeals from the state supreme courts.
e. hear appeals from the state trial courts.

Back 27

B

Front 28

There are ____ federal courts of appeals in the United States.
a. two
b. thirteen
c. twenty-five
d. fifty-one
e. one hundred

Back 28

B

Front 29

The decisions of the federal appellate courts may be appealed to the
a. U.S. Supreme Court.
b. Court of Appeals for the Federal Circuit.
c. U.S. district courts.
d. state supreme courts.
e. U.S. Court of Federal Claims.

Back 29

A

Front 30

The U.S. Supreme Court consists of ____ justices.
a. six
b. eight
c. nine
d. twelve
e. fifteen

Back 30

C

Front 31

The U.S. Supreme Court
a. has appellate authority over some cases decided in the state courts when federal questions are at issue.
b. consists of nine associate justices and a chief justice.
c. is considered an “inferior” court.
d. must take all cases that are appealed to it.
e. hears about three hundred cases each year.

Back 31

A

Front 32

The U.S. Supreme Court
a. does most of its work as an appellate court.
b. does most of its work as a trial court.
c. has original jurisdiction in most instances.
d. has no original jurisdiction.
e. does not have appellate authority over cases decided by the U.S. courts of appeals.

Back 32

A

Front 33

A ____ is an order that the U.S. Supreme Court issues to a lower court requesting the latter to send it the record of the case in question.
a. right to curiae regis
b. request for stare decisis
c. writ of habeas corpus
d. writ of certiorari
e. declaration of justiciability

Back 33

D

Front 34

The U.S. Supreme Court
a. grants most petitions for a writ of certiorari.
b. will not issue a writ of certiorari unless at least four of the justices approve.
c. is required to grant “cert.”
d. will not issue a writ of certiorari unless at least five of the justices approve.
e. rarely denies a petition for a writ of certiorari.

Back 34

B

Front 35

A denial of “cert.”
a. indicates that the Supreme Court agrees with a lower court’s opinion.
b. means that the decision of the lower court remains the law within that court’s jurisdiction.
c. has value as a precedent.
d. is a decision on the merits of a case.
e. is rare.

Back 35

B

Front 36

The number of cases heard by the Supreme Court each year has ____ since the 1980s.
a. increased
b. increased significantly
c. remained about the same
d. declined
e. been about 150

Back 36

D

Front 37

The Court’s decision in a particular case is based on the written record of the case and the legal briefs that the attorneys submit. The Court may also hear ____ presented in person to the Court by attorneys on behalf of their clients.
a. testimony
b. oral arguments
c. opinions
d. evidence
e. writs

Back 37

B

Front 38

After the justices of the Supreme Court have heard a case, they
a. call the president to inform him of the decision.
b. submit a joint report to their law clerks who then issue the official decision.
c. determine how they will decide the case in a committee meeting that is televised by the major networks.
d. discuss the case in conference.
e. announce their decision to the party leadership in Congress.

Back 38

D

Front 39

When the Supreme Court has reached a decision, the chief justice (if in the majority) assigns the task of
a. writing the Court’s opinion to one of the justices.
b. writing the concurring opinion to the most senior associate justice.
c. writing the dissenting opinion to a law clerk.
d. sending the case to Congress to one of his law clerks.
e. calling the president to discuss the decision to one of the justices.

Back 39

A

Front 40

A(n) ____ opinion is a statement written by a justice who agrees with the Court’s decision, but for reasons different from those outlined in the majority opinion.
a. concurring
b. dissenting
c. minority
d. second
e. advisory

Back 40

A

Front 41

Justices may write ____ outlining the reasons they feel the majority erred in arriving at its decision.
a. rebuttals
b. minority opinions
c. dissenting opinions
d. denials
e. conference reports

Back 41

C

Front 42

Federal judges are ____with
a. appointed by the president; the advice and consent of the Senate.
b. appointed by the president; approval by a two-thirds vote in Congress.
c. chosen by the House of Representatives; the advice and consent of the Senate.
d. elected every twelve years; reelection taking place during a presidential election cycle.
e. selected by the electoral college; the advice and consent of the president.

Back 42

A

Front 43

Which of the following statements is accurate?
a. The Constitution requires Supreme Court justices to have law degrees.
b. Federal judges cannot be removed from office.
c. The Constitution sets age qualifications for Supreme Court justices; they must be at least thirty years of age when they take the bench.
d. Federal judges receive lifetime appointments.
e. Federal judges cannot be impeached.

Back 43

D

Front 44

A nominee for the Supreme Court must be confirmed by
a. a two-thirds vote in the House of Representatives.
b. the president’s cabinet.
c. a majority vote in the Senate.
d. a two-thirds vote in the Senate.
e. a majority vote in the House Judiciary Committee.

Back 44

C

Front 45

Because of ____, home-state senators of the president’s political party may be able to influence the choice of the nominee to a district court.
a. partisan politeness
b. senatorial courtesy
c. representative respect
d. legislative chivalry
e. congressional cordiality

Back 45

B

Front 46

During his first two years in office, President Obama appointed ____to the U.S. Supreme Court.
a. John G. Roberts, Jr. and Samuel A. Alito, Jr.
b. Stephen Breyer
c. Sandra Day O’Connor and Ruth Bader Ginsburg
d. Clarence Thomas
e. Sonia Sotomayor and Elena Kagan

Back 46

E

Front 47

The power of the courts to decide on the constitutionality of legislative enactments and of actions taken by the executive branch is called
a. judicial review.
b. stare decisis.
c. statutory interpretation.
d. oversight.
e. jurisdiction.

Back 47

A

Front 48

The Supreme Court claimed the power of judicial review in
a. Raines v. Byrd (1997).
b. Gideon v. Wainwright (1963).
c. Miranda v. Arizona (1966).
d. Gibbons v. Ogden (1824).
e. Marbury v. Madison (1803).

Back 48

E

Front 49

A judge who believes in judicial ____ generally assumes that the courts should defer to the decisions of the legislative and executive branches of government, because members of Congress and the president are elected by the people, whereas federal court judges are not.
a. independence
b. restraint
c. activism
d. power
e. supremacy

Back 49

B

Front 50

Generally, strict constructionists
a. believe that the law is not fixed in concrete.
b. hold liberal views.
c. believe that the law is an evolving set of standards.
d. look to the letter of the law as written when trying to decipher its meaning.
e. are willing to “read between the lines” of a law to serve what they perceive to be the law’s intent and purpose.

Back 50

D

Front 51

When the U.S. Supreme Court interprets a statute in a way that Congress did not intend,
a. Congress can sue the Court.
b. Congress can revise the law or pass a new one in an attempt to negate the Court’s ruling.
c. there is nothing Congress can do.
d. the president will recommend that the Court hear the case again.
e. Congress will fine the justices for “legislating from the bench.”

Back 51

B