Question 1

Diffuse constitutional review means that any court in the branch can exert judicial review power.

Accepted Answer

A) True 
 B)False  True

Question 2

Is code law or common law more suitable for a recently democratized country? Why or why not?

Accepted Answer

The suitability of code law or common law for a recently democratized country depends on various factors such as the country's legal history, cultural norms, and the level of trust in the legal system.

Code law, also known as civil law, is based on a comprehensive set of laws and regulations that are written and accessible to the public. This system is often favored in countries with a history of authoritarian rule, as it provides a clear and predictable legal framework that can help build trust in the legal system. Additionally, code law can be easier to implement and enforce in a newly democratized country, as it provides a clear set of rules for citizens and legal professionals to follow.

On the other hand, common law is based on judicial decisions and precedents, and it often evolves over time through court rulings. This system is more flexible and adaptable to changing societal norms and values, which can be beneficial for a recently democratized country that is still developing its legal framework. Common law also allows for a more decentralized and participatory approach to lawmaking, which can be important in a newly democratized country where citizen participation is valued.

Ultimately, the choice between code law and common law for a recently democratized country should be based on a careful consideration of the country's unique circumstances and needs. It may be beneficial to incorporate elements of both systems, or to adapt one system to better fit the country's legal and cultural context. Regardless of the choice, it is important for the legal system to be transparent, accessible, and responsive to the needs of the citizens in a newly democratized country.

Question 3

Mexican citizens can initiate which of the following forms of judicial actions?

Accepted Answer

A) jurisprudencia 
B) amparo 
C) constitutional controversy 
D) action of unconstitutionality 
A) jurisprudencia 
B) amparo 
C) constitutional controversy 
D) action of unconstitutionality B

Question 4

Which of the following increases the independence of the judicial branch?

Accepted Answer

A) the placement of a prosecutor's office in the executive branch 
B) the creation of a constitutional tribunal 
C) the creation of a magistrate's council 
D) allowing for the election of judges 
A) the placement of a prosecutor's office in the executive branch 
B) the creation of a constitutional tribunal 
C) the creation of a magistrate's council 
D) allowing for the election of judges

Question 5

Common law can be closely tied to which area of political thought?

Accepted Answer

A) Marxism 
B) Conservatism 
C) Constructivism 
D) Liberalism 
A) Marxism 
B) Conservatism 
C) Constructivism 
D) Liberalism

Question 6

In Latin America, all supreme courts exert final constitutional review authority.

Accepted Answer

A) True 
 B)False

Question 7

The traditional power of amparo holds inter partes effects.

Accepted Answer

A) True 
 B)False

Question 8

Which judicial reform of the 1990s increased judicial independence in Mexico?

Accepted Answer

A) the creation of amparo power 
B) the use of lifetime tenures for supreme court judges 
C) the creation of a constitutional tribunal 
D) the "constitutional controversy" and "action of unconstitutionality" forms of judicial review 
A) the creation of amparo power 
B) the use of lifetime tenures for supreme court judges 
C) the creation of a constitutional tribunal 
D) the "constitutional controversy" and "action of unconstitutionality" forms of judicial review

Question 9

How does the use of code law or common law affect the balance of power in a presidential system?

Accepted Answer

The use of code law or common law can af

Question 10

Which of the following is NOT a characteristic of the U.S. model of constitutional review?

Accepted Answer

A) Diffuse review authority. 
B) Adjudication is concrete. 
C) A judicial decision can be made a priori. 
D) Decisions may have erga omnes effects. 
A) Diffuse review authority. 
B) Adjudication is concrete. 
C) A judicial decision can be made a priori. 
D) Decisions may have erga omnes effects.

Question 11

Compared to other Latin American countries, Argentina practices judicial review similar to the way it is practiced in the United States.

Accepted Answer

A) True 
 B)False

Question 12

Explain why court systems in Latin America are best described as "mixed."

Accepted Answer

The court systems in Latin America are b

Question 13

In Mexico, jurisprudencia is most similar to which feature of common law?

Accepted Answer

A) universal jurisdiction 
B) stare decisis 
C) alternative dispute resolution 
D) habeas corpus 
A) universal jurisdiction 
B) stare decisis 
C) alternative dispute resolution 
D) habeas corpus

Question 14

The power of judicial review is not found in traditional code law systems.

Accepted Answer

A) True 
 B)False

Question 15

Judicial reform in Latin America has focused primarily on access and efficiency, but has seen less movement in the areas of power and independence.

Accepted Answer

A) True 
 B)False

Question 16

Latin American citizens can initiate cases against their governments through the Inter-American Court of Human Rights.

Accepted Answer

A) True 
 B)False

Question 17

Common law presumes that the legal order emerges over time through the interplay of:

Accepted Answer

A) the legislature and the courts 
B) the national courts and local courts 
C) the executive and the legislature 
D) the executive and the courts 
A) the legislature and the courts 
B) the national courts and local courts 
C) the executive and the legislature 
D) the executive and the courts

Question 18

The common law tradition traces its roots to which country?

Accepted Answer

A) the United States 
B) the Roman Empire 
C) Great Britain 
D) France 
A) the United States 
B) the Roman Empire 
C) Great Britain 
D) France

Question 19

Under what conditions are politicians most likely to hand power over to the judicial branch?

Accepted Answer

A) under threat of foreign invasion 
B) during an economic crisis 
C) when a politician fears defeat in upcoming elections 
D) during times of massive social protest 
A) under threat of foreign invasion 
B) during an economic crisis 
C) when a politician fears defeat in upcoming elections 
D) during times of massive social protest

Question 20

Code law views judges as:

Accepted Answer

A) administrators 
B) mediators between the state and its citizens 
C) lawmakers 
D) accountants 
A) administrators 
B) mediators between the state and its citizens 
C) lawmakers 
D) accountants

Diffuse constitutional review means that any court in the branch can exert judicial review power.

Is code law or common law more suitable for a recently democratized country? Why or why not?

Mexican citizens can initiate which of the following forms of judicial actions?

Which of the following increases the independence of the judicial branch?

Common law can be closely tied to which area of political thought?

In Latin America, all supreme courts exert final constitutional review authority.

The traditional power of amparo holds inter partes effects.

Which judicial reform of the 1990s increased judicial independence in Mexico?

How does the use of code law or common law affect the balance of power in a presidential system?

Which of the following is NOT a characteristic of the U.S. model of constitutional review?

Compared to other Latin American countries, Argentina practices judicial review similar to the way it is practiced in the United States.

Explain why court systems in Latin America are best described as "mixed."

In Mexico, jurisprudencia is most similar to which feature of common law?

The power of judicial review is not found in traditional code law systems.

Judicial reform in Latin America has focused primarily on access and efficiency, but has seen less movement in the areas of power and independence.

Latin American citizens can initiate cases against their governments through the Inter-American Court of Human Rights.

Common law presumes that the legal order emerges over time through the interplay of:

The common law tradition traces its roots to which country?

Under what conditions are politicians most likely to hand power over to the judicial branch?

Code law views judges as:

An Institutional Approach to Democracy and Democratization in Latin America

State and Nation in Colonial Latin America

Constitutions: From States and Nations to Regimes, and Back Again

The Executive Branch: Latin American Style

The Legislative Branch: The Centerpiece of Democracy Under Fire

Electoral Systems: The Core of Democratic Politics

From Civil Society to Political Parties: Putting Democracy Into Practice

Federalism and Unitarism: Learning to Share

The Armed Forces: Bridging the Civil-Military Divide

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Exam 6: The Judiciary in Latin America: Separate but Unequal

Diffuse constitutional review means that any court in the branch can exert judicial review power.

Is code law or common law more suitable for a recently democratized country? Why or why not?

Mexican citizens can initiate which of the following forms of judicial actions?

Which of the following increases the independence of the judicial branch?

Common law can be closely tied to which area of political thought?

In Latin America, all supreme courts exert final constitutional review authority.

The traditional power of amparo holds inter partes effects.

Which judicial reform of the 1990s increased judicial independence in Mexico?

How does the use of code law or common law affect the balance of power in a presidential system?

Which of the following is NOT a characteristic of the U.S. model of constitutional review?

Compared to other Latin American countries, Argentina practices judicial review similar to the way it is practiced in the United States.

Explain why court systems in Latin America are best described as "mixed."

In Mexico, jurisprudencia is most similar to which feature of common law?

The power of judicial review is not found in traditional code law systems.

Judicial reform in Latin America has focused primarily on access and efficiency, but has seen less movement in the areas of power and independence.

Latin American citizens can initiate cases against their governments through the Inter-American Court of Human Rights.

Common law presumes that the legal order emerges over time through the interplay of:

The common law tradition traces its roots to which country?

Under what conditions are politicians most likely to hand power over to the judicial branch?

Code law views judges as:

An Institutional Approach to Democracy and Democratization in Latin America

State and Nation in Colonial Latin America

Constitutions: From States and Nations to Regimes, and Back Again

The Executive Branch: Latin American Style

The Legislative Branch: The Centerpiece of Democracy Under Fire

Electoral Systems: The Core of Democratic Politics

From Civil Society to Political Parties: Putting Democracy Into Practice

Federalism and Unitarism: Learning to Share

The Armed Forces: Bridging the Civil-Military Divide

Filters