Question 1

The Patient Protection and Affordable Care Act is a defining legislative achievement of President Obama's presidency.

Accepted Answer

A) True 
 B)False  True

Question 2

In the context of state courts,which of the following statements is true of reviewing courts?

Accepted Answer

A)  They only handle cases that cannot qualify for a writ of certiorari. 
B)  They only render decisions that are consistent with the philosophy of judicial restraint. 
C)  There has to be at least nine judges in a reviewing court. 
D)  They are essentially concerned with questions of law. 
E)  They usually handle diversity of citizenship cases. 
A)  They only handle cases that cannot qualify for a writ of certiorari. 
B)  They only render decisions that are consistent with the philosophy of judicial restraint. 
C)  There has to be at least nine judges in a reviewing court. 
D)  They are essentially concerned with questions of law. 
E)  They usually handle diversity of citizenship cases. D

Question 3

What is the extent of federal jurisdiction in matters of state court decisions?

Accepted Answer

The federal district courts and courts of appeals cannot review,retry,or correct judicial errors charged against a state court.Final judgments or decrees rendered by the highest court of a state are reviewed only by the Supreme Court of the United States.State cases reviewed by the U.S.Supreme Court must concern a federal question involving the validity of state action on the grounds that the statute under review is repugnant to the Constitution,treaties,or laws of the United States.If a case does not involve a federal question,the decision of the highest state court is not subject to review by the Supreme Court of the United States.

Question 4

A lawyer's first duty is __________.

Accepted Answer

A)  to protect his or her reputation 
B)  to make money. 
C)  to defeat the opposing lawyer 
D)  to apply the law to the facts of a case 
E)  to the administration of justice 
A)  to protect his or her reputation 
B)  to make money. 
C)  to defeat the opposing lawyer 
D)  to apply the law to the facts of a case 
E)  to the administration of justice

Question 5

Because the litigants are entitled to only _____ in the court of appeals,a subsequent review by the U.S.Supreme Court must be obtained through a petition for a writ of certiorari to the Supreme Court.

Accepted Answer

A)  two reviews 
B)  one review 
C)  three reviews 
D)  four reviews 
E)  five reviews 
A)  two reviews 
B)  one review 
C)  three reviews 
D)  four reviews 
E)  five reviews

Question 6

The Supreme Court is far more likely to review and reverse a decision rendered by the Fourth Circuit Court of Appeals.

Accepted Answer

A) True 
 B)False

Question 7

_____ of the U.S.Constitution provides that judicial power be vested in the Supreme Court and such lower courts as Congress may create.

Accepted Answer

A)  The due process clause 
B)  The First Amendment 
C)  Article III 
D)  The Fifth Amendment 
E)  Article VII 
A)  The due process clause 
B)  The First Amendment 
C)  Article III 
D)  The Fifth Amendment 
E)  Article VII

Question 8

Many states have eliminated the requirement of unanimity in their courts in civil cases and two states have done so in criminal cases.

Accepted Answer

A) True 
 B)False

Question 9

All states and federal courts have rules of procedure that require a jury to consist of 12 persons in both criminal and civil cases.

Accepted Answer

A) True 
 B)False

Question 10

Briefly discuss why trial courts with general jurisdiction cannot attempt to resolve every dispute or controversy that may arise.

Accepted Answer

Even trial courts,which are courts of ge

Question 11

Reviewing courts exercising judicial restraint often engage in a balancing approach to their decisions.

Accepted Answer

A) True 
 B)False

Question 12

Why are those who believe in judicial restraint against constitutional issues decided by courts unless absolutely necessary?

Accepted Answer

Those who believe in judicial restraint

Question 13

In cases tried before a jury,the function of the jury is to decide questions of fact,but the judge still is responsible for deciding questions of law.

Accepted Answer

A) True 
 B)False

Question 14

A petition for a writ of certiorari is __________.

Accepted Answer

A)  the underlying principle of a case 
B)  the process of finding out the facts of a case 
C)  an oath administered to a witness requiring him to speak the truth 
D)  a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court 
E)  a plea by the winning party in the court of appeals wherein the party agrees not to contest the charges against the defendant 
A)  the underlying principle of a case 
B)  the process of finding out the facts of a case 
C)  an oath administered to a witness requiring him to speak the truth 
D)  a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court 
E)  a plea by the winning party in the court of appeals wherein the party agrees not to contest the charges against the defendant

Question 15

What is the result of the passing of the Patient Protection and Affordable Care Act?

Accepted Answer

Passed by Congress in 2010,the Patient P

Question 16

Beatrice owns a trucking company in Texas and is looking for a few new trucks to add to her fleet.She buys three trucks,each valued at $50,000,from Ted & Larry Trucks,Inc.However,when Beatrice receives the trucks,she finds that they are in a state of disrepair.When preparing for bringing a suit against Ted & Larry Trucks,Beatrice finds out that the partnership was created in Louisiana,where Larry lives,and Ted lives in Texas.Should Beatrice file her claim in a state or a federal court?

Accepted Answer

Beatrice must file her claim in a state

Question 17

Briefly describe what happens when the U.S.Supreme Court reviews petitions for a writ of certiorari.

Accepted Answer

When the U.S.Supreme Court reviews petit

Question 18

Which of the following is most likely to be a federal question case?

Accepted Answer

A)  A case that has the United States as a party 
B)  A case that is based on issues arising out of the U.S. Constitution 
C)  A case that only deals with issues where the amount of money exceeds $9,000,000 
D)  A case that is solely based on certain suits between citizens of different states 
E)  A case that solely deals with disputes between a citizen and a corporation 
A)  A case that has the United States as a party 
B)  A case that is based on issues arising out of the U.S. Constitution 
C)  A case that only deals with issues where the amount of money exceeds $9,000,000 
D)  A case that is solely based on certain suits between citizens of different states 
E)  A case that solely deals with disputes between a citizen and a corporation

Question 19

Who among the following is the current Chief Justice of the U.S.Supreme Court?

Accepted Answer

A)  John Roberts 
B)  Stephen Breyer 
C)  Samuel Alito 
D)  Sonia Sotomayor 
E)  Elena Kagan 
A)  John Roberts 
B)  Stephen Breyer 
C)  Samuel Alito 
D)  Sonia Sotomayor 
E)  Elena Kagan

Question 20

Which of the following statements is true of the Supreme Court's use of the power of judicial review?

Accepted Answer

A)  It has to exercise the power of judicial review more than once per presidential cycle. 
B)  It has to exercise the power of judicial review at least once a year. 
C)  It applies its power of judicial review only when the country faces war. 
D)  It rarely exercises the power of judicial review. 
E)  It uses the power of judicial review only when a majority of the justices are strict constructionists. 
A)  It has to exercise the power of judicial review more than once per presidential cycle. 
B)  It has to exercise the power of judicial review at least once a year. 
C)  It applies its power of judicial review only when the country faces war. 
D)  It rarely exercises the power of judicial review. 
E)  It uses the power of judicial review only when a majority of the justices are strict constructionists.

Exam 3: The Court System

The Patient Protection and Affordable Care Act is a defining legislative achievement of President Obama's presidency.

In the context of state courts,which of the following statements is true of reviewing courts?

What is the extent of federal jurisdiction in matters of state court decisions?

A lawyer's first duty is __________.

Because the litigants are entitled to only _____ in the court of appeals,a subsequent review by the U.S.Supreme Court must be obtained through a petition for a writ of certiorari to the Supreme Court.

The Supreme Court is far more likely to review and reverse a decision rendered by the Fourth Circuit Court of Appeals.

_____ of the U.S.Constitution provides that judicial power be vested in the Supreme Court and such lower courts as Congress may create.

Many states have eliminated the requirement of unanimity in their courts in civil cases and two states have done so in criminal cases.

All states and federal courts have rules of procedure that require a jury to consist of 12 persons in both criminal and civil cases.

Briefly discuss why trial courts with general jurisdiction cannot attempt to resolve every dispute or controversy that may arise.

Reviewing courts exercising judicial restraint often engage in a balancing approach to their decisions.

Why are those who believe in judicial restraint against constitutional issues decided by courts unless absolutely necessary?

In cases tried before a jury,the function of the jury is to decide questions of fact,but the judge still is responsible for deciding questions of law.

A petition for a writ of certiorari is __________.

What is the result of the passing of the Patient Protection and Affordable Care Act?

Briefly describe what happens when the U.S.Supreme Court reviews petitions for a writ of certiorari.

Which of the following is most likely to be a federal question case?

Who among the following is the current Chief Justice of the U.S.Supreme Court?

Which of the following statements is true of the Supreme Court's use of the power of judicial review?

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