Question 1

Which of the following statements about limited jurisdiction trial courts is true?

Accepted Answer

A)  They are courts with original jurisdiction over specialized cases, such as juvenile offenses and traffic violations. 
B)  They are courts with original jurisdiction to hear appeals from lower courts. 
C)  They are courts with jurisdiction over major criminal and civil cases. 
D)  They are courts beyond which there is no appeal except to the U.S. Supreme Court. 
A)  They are courts with original jurisdiction over specialized cases, such as juvenile offenses and traffic violations. 
B)  They are courts with original jurisdiction to hear appeals from lower courts. 
C)  They are courts with jurisdiction over major criminal and civil cases. 
D)  They are courts beyond which there is no appeal except to the U.S. Supreme Court. A

Question 2

The recent trend in judicial federalism is that state courts might override the decisions of the U.S. Supreme Court. How can they do so? Define judicial federalism and describe the recent trend in federal versus state court power. Provide examples to illustrate your discussion.

Accepted Answer

Judicial federalism refers to the division of power and authority between the federal and state court systems. It involves the relationship and interaction between these two levels of the judiciary. The recent trend in judicial federalism suggests that state courts may have the ability to override decisions made by the U.S. Supreme Court. This trend has raised questions about the balance of power between federal and state courts.

State courts can potentially override decisions of the U.S. Supreme Court through a process known as judicial review. Judicial review allows state courts to interpret and apply their own state constitutions and laws, even if it conflicts with the decisions of the U.S. Supreme Court. This means that state courts have the authority to provide different interpretations and outcomes on legal issues compared to the federal courts.

One example of this trend is seen in the area of criminal justice. In recent years, some state courts have taken a more progressive approach to issues such as criminal sentencing and the rights of defendants, diverging from the decisions of the U.S. Supreme Court. For instance, in 2016, the Washington Supreme Court ruled that the state's death penalty was unconstitutional, despite the fact that the U.S. Supreme Court had upheld the use of the death penalty at the federal level.

Another example is in the realm of civil rights and social issues. State courts have been at the forefront of expanding protections for LGBTQ rights, reproductive rights, and immigration issues, often in contrast to the decisions of the U.S. Supreme Court. For instance, in 2015, the Texas Supreme Court ruled in favor of a same-sex divorce, despite the lack of federal recognition for same-sex marriage at the time.

Overall, the recent trend in federal versus state court power suggests that state courts are increasingly asserting their independence and authority to interpret and apply the law in ways that may differ from the decisions of the U.S. Supreme Court. This trend reflects the dynamic and evolving nature of judicial federalism in the United States.

Question 3

Appellate courts have the responsibility for hearing

Accepted Answer

A)  appeals of cases tried in lower state courts. 
B)  first cases not settled by pretrial agreement. 
C)  all cases originating in a specified region of the state. 
D)  cases tried previously in federal court. 
A)  appeals of cases tried in lower state courts. 
B)  first cases not settled by pretrial agreement. 
C)  all cases originating in a specified region of the state. 
D)  cases tried previously in federal court. A

Question 4

Judicial activism refers to judges making public policy through decisions that overturn existing law or effectively make new laws.

Accepted Answer

A) True 
 B)False

Question 5

A judge's personal characteristics, such as party identification, political ideology, prior careers, religion, age, and sex are important aspects of judicial decision making because

Accepted Answer

A)  they allow access to particular groups when filing friend of the court briefs. 
B)  they predispose a judge to decide cases in certain ways. 
C)  they are often set-aside by the judge when making judicial decisions. 
D)  they are extremely influential in appellate courts but not trial courts. 
A)  they allow access to particular groups when filing friend of the court briefs. 
B)  they predispose a judge to decide cases in certain ways. 
C)  they are often set-aside by the judge when making judicial decisions. 
D)  they are extremely influential in appellate courts but not trial courts.

Question 6

Civil cases involve disputes between individuals or organizations.

Accepted Answer

A) True 
 B)False

Question 7

Appellate courts hold a second trial, which includes hearing testimonies from plaintiffs, defendants, and witnesses.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following statements about merit-selection plans is true?

Accepted Answer

A)  They are immune from politics. 
B)  The legal profession often dominates the process. 
C)  They are reduced to a struggle between Democrats and Republicans. 
D)  They are immune from the governor's influence. 
A)  They are immune from politics. 
B)  The legal profession often dominates the process. 
C)  They are reduced to a struggle between Democrats and Republicans. 
D)  They are immune from the governor's influence.

Question 9

Which of the following statements about judicial decision making is true?

Accepted Answer

A)  It is not subject to any review or oversight. 
B)  It is based solely on precedents and scientific techniques. 
C)  It is often as subjective as the decision making of other government officials. 
D)  It is so similar from one judge to another that it is unimportant who sits on a case. 
A)  It is not subject to any review or oversight. 
B)  It is based solely on precedents and scientific techniques. 
C)  It is often as subjective as the decision making of other government officials. 
D)  It is so similar from one judge to another that it is unimportant who sits on a case.

Question 10

Most states use a two-tiered court structure.

Accepted Answer

A) True 
 B)False

Question 11

Everyone benefits from plea bargaining, including the victim and the general citizenry.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following statements about retention elections in merit-selection plans is true?

Accepted Answer

A)  They nearly always vote out the incumbent. 
B)  They rarely generate much enthusiasm among voters. 
C)  They generate greater enthusiasm than the general elections. 
D)  They have turned down retention for about 50 percent of all judges since 1972. 
A)  They nearly always vote out the incumbent. 
B)  They rarely generate much enthusiasm among voters. 
C)  They generate greater enthusiasm than the general elections. 
D)  They have turned down retention for about 50 percent of all judges since 1972.

Question 13

Under the doctrine of stare decisis, the principles and procedures of law applied in one situation are applied in any similar situation.

Accepted Answer

A) True 
 B)False

Question 14

States cannot extend civil liberties or civil rights beyond those specified in the U.S. Constitution.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following statements about judicial federalism is true?

Accepted Answer

A)  It is a trend in which state constitutional and statutory law are consulted and applied before federal law. 
B)  It is a trend in which judges make public policy through decisions that overturn existing law. 
C)  It is a court-generated change in public policy that is perceived as illegitimate. 
D)  It is a trend in which federal law is consulted and applied before state constitutional and statutory laws. 
A)  It is a trend in which state constitutional and statutory law are consulted and applied before federal law. 
B)  It is a trend in which judges make public policy through decisions that overturn existing law. 
C)  It is a court-generated change in public policy that is perceived as illegitimate. 
D)  It is a trend in which federal law is consulted and applied before state constitutional and statutory laws.

Question 16

According to the American Bar Association (ABA), judges should be chosen on the basis of solid professional and personal qualifications, regardless of their political views and party identification.

Accepted Answer

A) True 
 B)False

Question 17

Because courts only interpret the law, they have very little impact on public policy.

Accepted Answer

A) True 
 B)False

Question 18

With the aim of processing drug-related offenses more efficiently and reducing recidivism rates of drug offenders, drug courts are an example of which type of court?

Accepted Answer

A)  limited jurisdiction court 
B)  supreme court 
C)  appellate court 
D)  original jurisdiction court 
A)  limited jurisdiction court 
B)  supreme court 
C)  appellate court 
D)  original jurisdiction court

Question 19

Personal values, attitudes, and characteristics of state judges can affect their decisions. Provide an illustration of how these factors might affect a judge's decision. What is the implication for our court system in terms of both objectivity and fairness?

Accepted Answer

One illustration of how personal values,

Question 20

What are the two types of trial courts?

Accepted Answer

A)  corporate and nonprofit trial courts 
B)  civil and criminal trial courts 
C)  state trial courts and county trial courts 
D)  minor courts of limited jurisdiction and major trial courts 
A)  corporate and nonprofit trial courts 
B)  civil and criminal trial courts 
C)  state trial courts and county trial courts 
D)  minor courts of limited jurisdiction and major trial courts

Which of the following statements about limited jurisdiction trial courts is true?

The recent trend in judicial federalism is that state courts might override the decisions of the U.S. Supreme Court. How can they do so? Define judicial federalism and describe the recent trend in federal versus state court power. Provide examples to illustrate your discussion.

Appellate courts have the responsibility for hearing

Judicial activism refers to judges making public policy through decisions that overturn existing law or effectively make new laws.

A judge's personal characteristics, such as party identification, political ideology, prior careers, religion, age, and sex are important aspects of judicial decision making because

Civil cases involve disputes between individuals or organizations.

Appellate courts hold a second trial, which includes hearing testimonies from plaintiffs, defendants, and witnesses.

Which of the following statements about merit-selection plans is true?

Which of the following statements about judicial decision making is true?

Most states use a two-tiered court structure.

Everyone benefits from plea bargaining, including the victim and the general citizenry.

Which of the following statements about retention elections in merit-selection plans is true?

Under the doctrine of stare decisis, the principles and procedures of law applied in one situation are applied in any similar situation.

States cannot extend civil liberties or civil rights beyond those specified in the U.S. Constitution.

Which of the following statements about judicial federalism is true?

According to the American Bar Association (ABA), judges should be chosen on the basis of solid professional and personal qualifications, regardless of their political views and party identification.

Because courts only interpret the law, they have very little impact on public policy.

With the aim of processing drug-related offenses more efficiently and reducing recidivism rates of drug offenders, drug courts are an example of which type of court?

Personal values, attitudes, and characteristics of state judges can affect their decisions. Provide an illustration of how these factors might affect a judge's decision. What is the implication for our court system in terms of both objectivity and fairness?

What are the two types of trial courts?

New Directions for State and Local Governments

Federalism and the States

State Constitutions

Citizen Participation and Elections

Political Parties, Interest Groups, and Campaigns

State Legislatures

Governors

Public Administration: Budgeting and Service Delivery

State Local Relations

Local Government: Structure and Leadership

Taxing and Spending

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Exam 9: The Judiciary

Which of the following statements about limited jurisdiction trial courts is true?

The recent trend in judicial federalism is that state courts might override the decisions of the U.S. Supreme Court. How can they do so? Define judicial federalism and describe the recent trend in federal versus state court power. Provide examples to illustrate your discussion.

Appellate courts have the responsibility for hearing

Judicial activism refers to judges making public policy through decisions that overturn existing law or effectively make new laws.

A judge's personal characteristics, such as party identification, political ideology, prior careers, religion, age, and sex are important aspects of judicial decision making because

Civil cases involve disputes between individuals or organizations.

Appellate courts hold a second trial, which includes hearing testimonies from plaintiffs, defendants, and witnesses.

Which of the following statements about merit-selection plans is true?

Which of the following statements about judicial decision making is true?

Most states use a two-tiered court structure.

Everyone benefits from plea bargaining, including the victim and the general citizenry.

Which of the following statements about retention elections in merit-selection plans is true?

Under the doctrine of stare decisis, the principles and procedures of law applied in one situation are applied in any similar situation.

States cannot extend civil liberties or civil rights beyond those specified in the U.S. Constitution.

Which of the following statements about judicial federalism is true?

According to the American Bar Association (ABA), judges should be chosen on the basis of solid professional and personal qualifications, regardless of their political views and party identification.

Because courts only interpret the law, they have very little impact on public policy.

With the aim of processing drug-related offenses more efficiently and reducing recidivism rates of drug offenders, drug courts are an example of which type of court?

Personal values, attitudes, and characteristics of state judges can affect their decisions. Provide an illustration of how these factors might affect a judge's decision. What is the implication for our court system in terms of both objectivity and fairness?

What are the two types of trial courts?

New Directions for State and Local Governments

Federalism and the States

State Constitutions

Citizen Participation and Elections

Political Parties, Interest Groups, and Campaigns

State Legislatures

Governors

Public Administration: Budgeting and Service Delivery

State Local Relations

Local Government: Structure and Leadership

Taxing and Spending

Filters