Question 1

The two main approaches to interpreting the Constitution are ______.

Accepted Answer

A)  judicial interpretivism and stare decisis 
B)  judicial interpretivism and strict constructionism 
C)  judicial activism and strict constructionism 
D)  judicial interpretivism and judicial restraint 
E)  judicial activism and judicial restraint 
A)  judicial interpretivism and stare decisis 
B)  judicial interpretivism and strict constructionism 
C)  judicial activism and strict constructionism 
D)  judicial interpretivism and judicial restraint 
E)  judicial activism and judicial restraint

Question 2

Opponents of judicial elections believe that elections sacrifice judicial ______.

Accepted Answer

A)  interpretivism 
B)  independence 
C)  accountability 
D)  equity 
E)  restraint 
A)  interpretivism 
B)  independence 
C)  accountability 
D)  equity 
E)  restraint

Question 3

Criminal law deals with harm to society,whereas civil law involves harm to ______.

Accepted Answer

A)  corporations 
B)  states and/or nations 
C)  administrative bodies 
D)  individuals 
A)  corporations 
B)  states and/or nations 
C)  administrative bodies 
D)  individuals

Question 4

Which of the following statements concerning the functions of the law is NOT correct?

Accepted Answer

A)  The function of providing security is the most basic function of law. 
B)  The weakness of the law is that we can easily break a rule that we do not know exists. 
C)  The courts serve as neutral third parties in conflict resolution. 
D)  Enforcing society's values is a function of the law. 
E)  Society distributes benefits and rewards through the law. 
A)  The function of providing security is the most basic function of law. 
B)  The weakness of the law is that we can easily break a rule that we do not know exists. 
C)  The courts serve as neutral third parties in conflict resolution. 
D)  Enforcing society's values is a function of the law. 
E)  Society distributes benefits and rewards through the law.

Question 5

The textbook argues that the United States is unlikely to change from an adversarial system of law for all of the following reasons EXCEPT this one:

Accepted Answer

A)  It makes it easier to maintain the principle of "innocent until proven guilty." 
B)  It fits with the cultural emphasis on individualism. 
C)  It is generally acknowledged to be more fair than the inquisitorial system. 
D)  It fits with the cultural emphasis on procedural values. 
E)  Lawyers in the United States have a strong interest in preserving the current system. 
A)  It makes it easier to maintain the principle of "innocent until proven guilty." 
B)  It fits with the cultural emphasis on individualism. 
C)  It is generally acknowledged to be more fair than the inquisitorial system. 
D)  It fits with the cultural emphasis on procedural values. 
E)  Lawyers in the United States have a strong interest in preserving the current system.

Question 6

Amicus curiae briefs are significant because ______.

Accepted Answer

A)  interest groups aren't allowed to file them, which, in turn, limits their influence 
B)  they may influence whether the Supreme Court decides to hear a case 
C)  public interest groups file them more often than do economic interest groups, giving the former an advantage before the Court 
D)  only the government may file them, giving added weight to the government's positions 
E)  the Supreme Court uses them to "call up" a case 
A)  interest groups aren't allowed to file them, which, in turn, limits their influence 
B)  they may influence whether the Supreme Court decides to hear a case 
C)  public interest groups file them more often than do economic interest groups, giving the former an advantage before the Court 
D)  only the government may file them, giving added weight to the government's positions 
E)  the Supreme Court uses them to "call up" a case

Question 7

The characteristics that help determine which court has jurisdiction over a case include all of the following EXCEPT this one:

Accepted Answer

A)  the involvement of federal statutes, treaties, or the Constitution 
B)  the expressed wishes of the president 
C)  the parties to the case 
D)  where the case arose 
E)  the nature of the offense involved 
A)  the involvement of federal statutes, treaties, or the Constitution 
B)  the expressed wishes of the president 
C)  the parties to the case 
D)  where the case arose 
E)  the nature of the offense involved

Question 8

In Federalist No.78,Alexander Hamilton argued that the judiciary was the least dangerous branch of government.Many people would argue that Hamilton was incorrect and that today's courts wield an enormous amount of power.Why did Hamilton feel as he did,and what led to the courts' increase in power? What have been the implications of this increase in power? Do you think Hamilton would have a problem with the role the courts play today? Why or why not?

Accepted Answer

The first two questions are straightforw

Question 9

A legal system in which trial procedures are designed to determine the truth through the intervention of an active judge is a parliamentary system.

Accepted Answer

A) True 
 B)False

Question 10

One reason dissenting opinions are significant to U.S.common law is that ______.

Accepted Answer

A)  justices rarely want to write them, indicating that a justice might not vote the way he or she believes in order to fall in the majority 
B)  they are usually written by the chief justice 
C)  they usually represent the opinions of the majority of the public, indicating that the Court regularly ignores public opinion when making its rulings 
D)  they may have a lasting impact if the Court later changes its mind 
E)  they provide different reasons why a justice supported the majority ruling than was written in the opinion 
A)  justices rarely want to write them, indicating that a justice might not vote the way he or she believes in order to fall in the majority 
B)  they are usually written by the chief justice 
C)  they usually represent the opinions of the majority of the public, indicating that the Court regularly ignores public opinion when making its rulings 
D)  they may have a lasting impact if the Court later changes its mind 
E)  they provide different reasons why a justice supported the majority ruling than was written in the opinion

Question 11

Two of the functions of law are providing security and enforcing conformity to society's values.

Accepted Answer

A) True 
 B)False

Question 12

In an adversarial system,the winning side is likely to be ______.

Accepted Answer

A)  the one with the truth on its side 
B)  the one with the more skilled attorney 
C)  the one that can gain the sympathy of the judge 
D)  the defendant 
E)  the respondent 
A)  the one with the truth on its side 
B)  the one with the more skilled attorney 
C)  the one that can gain the sympathy of the judge 
D)  the defendant 
E)  the respondent

Question 13

The only limitation on what statutes may do in the American system is found in the ______.

Accepted Answer

The answer of The only limitation on what statutes may...

Question 14

Judicial activism has become an important political issue because ______.

Accepted Answer

A)  it shows that judges are influenced by public opinion 
B)  when judges engage in judicial activism, it is an indication that they are above politics 
C)  conservatives have argued that judges are acting as legislators on issues such as same-sex marriage 
D)  only liberals have engaged in judicial activism 
E)  when judges engage in judicial activism, the rights of the minority are rarely protected 
A)  it shows that judges are influenced by public opinion 
B)  when judges engage in judicial activism, it is an indication that they are above politics 
C)  conservatives have argued that judges are acting as legislators on issues such as same-sex marriage 
D)  only liberals have engaged in judicial activism 
E)  when judges engage in judicial activism, the rights of the minority are rarely protected

Question 15

Which of the following statements concerning presidential appointment of judges is NOT true?

Accepted Answer

A)  Presidents have always worked to shape the ideological leanings of the Supreme Court. 
B)  The respect given to senatorial courtesy by Republican senators seems to depend on the party of the president. 
C)  Senatorial courtesy applies to district court judges. 
D)  Presidents Jimmy Carter and Bill Clinton tended to appoint ideological moderates to the federal courts. 
E)  Republicans have blocked court appointments by President Barack Obama to gain leverage on other issues. 
A)  Presidents have always worked to shape the ideological leanings of the Supreme Court. 
B)  The respect given to senatorial courtesy by Republican senators seems to depend on the party of the president. 
C)  Senatorial courtesy applies to district court judges. 
D)  Presidents Jimmy Carter and Bill Clinton tended to appoint ideological moderates to the federal courts. 
E)  Republicans have blocked court appointments by President Barack Obama to gain leverage on other issues.

Question 16

The U.S.Courts of Appeals are arranged ______.

Accepted Answer

A)  in the major cities of the United States (New York, Philadelphia, Atlanta, Dallas, Chicago, Phoenix, and Los Angeles) 
B)  in four circuits, with one each in the north, south, east, and west 
C)  in fifty courts, with one in each state 
D)  in twelve circuits covering the District of Columbia and geographic groupings of states 
E)  entirely within Washington, D.C. 
A)  in the major cities of the United States (New York, Philadelphia, Atlanta, Dallas, Chicago, Phoenix, and Los Angeles) 
B)  in four circuits, with one each in the north, south, east, and west 
C)  in fifty courts, with one in each state 
D)  in twelve circuits covering the District of Columbia and geographic groupings of states 
E)  entirely within Washington, D.C.

Question 17

The Supreme Court has used its power of judicial review ______.

Accepted Answer

A)  against acts of Congress only about ten times 
B)  frequently against both state legislation and acts of Congress 
C)  much more frequently against acts of Congress than against acts of state legislatures 
D)  much more frequently early in American history than in recent generations 
E)  sparingly 
A)  against acts of Congress only about ten times 
B)  frequently against both state legislation and acts of Congress 
C)  much more frequently against acts of Congress than against acts of state legislatures 
D)  much more frequently early in American history than in recent generations 
E)  sparingly

Question 18

Barack Obama made increasing the diversity of judges in the courts a top priority.As of July 2016,331 of President Barack Obama's 386 nominees to the federal judiciary had been confirmed.President Barack Obama has made diversity in the federal judiciary a top priority.The federal judiciary now includes a large number women and minorities,in comparison to previous presidency's.Obama's nominees included several openly gay candidates as well.Why was President Obama concerned with diversity in our court system? How did he go about achieving this diversity?

Accepted Answer

The text indicated that "the president w

Question 19

The Civil Rights Act of 1964 serves which function of the law?

Accepted Answer

A)  providing a neutral third party for conflict resolution 
B)  reflecting and enforcing conformity to society's values 
C)  distributing the benefits and rewards society has to offer 
D)  providing predictability 
E)  providing security 
A)  providing a neutral third party for conflict resolution 
B)  reflecting and enforcing conformity to society's values 
C)  distributing the benefits and rewards society has to offer 
D)  providing predictability 
E)  providing security

Question 20

A ______ is a formal request by the losing party to appeal a lower court case to the U.S.Supreme Court.

Accepted Answer

The answer of A ______ is a formal request by...

The two main approaches to interpreting the Constitution are ______.

Opponents of judicial elections believe that elections sacrifice judicial ______.

Criminal law deals with harm to society,whereas civil law involves harm to ______.

Which of the following statements concerning the functions of the law is NOT correct?

The textbook argues that the United States is unlikely to change from an adversarial system of law for all of the following reasons EXCEPT this one:

Amicus curiae briefs are significant because ______.

The characteristics that help determine which court has jurisdiction over a case include all of the following EXCEPT this one:

A legal system in which trial procedures are designed to determine the truth through the intervention of an active judge is a parliamentary system.

One reason dissenting opinions are significant to U.S.common law is that ______.

Two of the functions of law are providing security and enforcing conformity to society's values.

In an adversarial system,the winning side is likely to be ______.

The only limitation on what statutes may do in the American system is found in the ______.

Judicial activism has become an important political issue because ______.

Which of the following statements concerning presidential appointment of judges is NOT true?

The U.S.Courts of Appeals are arranged ______.

The Supreme Court has used its power of judicial review ______.

The Civil Rights Act of 1964 serves which function of the law?

A ______ is a formal request by the losing party to appeal a lower court case to the U.S.Supreme Court.

Politics: Who Gets What, and How?

American Citizens and Political Culture

Politics of the American Founding

Federalism and the U.S.Constitution

Fundamental American Liberties

The Struggle for Equal Rights

Congress

The Presidency

The Bureaucracy

Public Opinion

Political Parties

Interest Groups

Voting, Campaigns, and Elections

The Media

Social and Environmental Policy

Economic Policy

Foreign Policy

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Exam 10: The American Legal System and the Courts

The two main approaches to interpreting the Constitution are ______.

Opponents of judicial elections believe that elections sacrifice judicial ______.

Criminal law deals with harm to society,whereas civil law involves harm to ______.

Which of the following statements concerning the functions of the law is NOT correct?

The textbook argues that the United States is unlikely to change from an adversarial system of law for all of the following reasons EXCEPT this one:

Amicus curiae briefs are significant because ______.

The characteristics that help determine which court has jurisdiction over a case include all of the following EXCEPT this one:

A legal system in which trial procedures are designed to determine the truth through the intervention of an active judge is a parliamentary system.

One reason dissenting opinions are significant to U.S.common law is that ______.

Two of the functions of law are providing security and enforcing conformity to society's values.

In an adversarial system,the winning side is likely to be ______.

The only limitation on what statutes may do in the American system is found in the ______.

Judicial activism has become an important political issue because ______.

Which of the following statements concerning presidential appointment of judges is NOT true?

The U.S.Courts of Appeals are arranged ______.

The Supreme Court has used its power of judicial review ______.

The Civil Rights Act of 1964 serves which function of the law?

A ______ is a formal request by the losing party to appeal a lower court case to the U.S.Supreme Court.

Politics: Who Gets What, and How?

American Citizens and Political Culture

Politics of the American Founding

Federalism and the U.S.Constitution

Fundamental American Liberties

The Struggle for Equal Rights

Congress

The Presidency

The Bureaucracy

Public Opinion

Political Parties

Interest Groups

Voting, Campaigns, and Elections

The Media

Social and Environmental Policy

Economic Policy

Foreign Policy

Filters