Question 1

A plaintiff is

Accepted Answer

A) a law that defines a crime against the public order. 
B) a law that governs relationships between individuals and defines their legal rights. 
C) in a criminal action, the person or party accused of an offense. 
D) the party initiating a civil lawsuit. 
E) An agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. 
A) a law that defines a crime against the public order. 
B) a law that governs relationships between individuals and defines their legal rights. 
C) in a criminal action, the person or party accused of an offense. 
D) the party initiating a civil lawsuit. 
E) An agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. D

Question 2

The authority of a court to hear a case "in the first instance" is called original jurisdiction.

Accepted Answer

A) True 
 B)False  True

Question 3

The use of judicial activism

Accepted Answer

A) is confined to liberal judges. 
B) is confined to conservative judges. 
C) occurs among liberal and conservative judges. 
D) is looked down upon by all judges. 
E) None of the above 
A) is confined to liberal judges. 
B) is confined to conservative judges. 
C) occurs among liberal and conservative judges. 
D) is looked down upon by all judges. 
E) None of the above C

Question 4

A law that governs relationships between individuals and defines their legal rights is called

Accepted Answer

A) criminal law. 
B) civil law. 
C) defendant. 
D) plaintiff. 
E) plea bargain. 
A) criminal law. 
B) civil law. 
C) defendant. 
D) plaintiff. 
E) plea bargain.

Question 5

A defendant is

Accepted Answer

A) a law that defines a crime against the public order. 
B) a law that governs relationships between individuals and defines their legal rights. 
C) in a criminal action, the person or party accused of an offense. 
D) the party instigating a civil lawsuit. 
E) an agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. 
A) a law that defines a crime against the public order. 
B) a law that governs relationships between individuals and defines their legal rights. 
C) in a criminal action, the person or party accused of an offense. 
D) the party instigating a civil lawsuit. 
E) an agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

Question 6

Amicus curiae brief literally means "friend of the court" brief.

Accepted Answer

A) True 
 B)False

Question 7

A philosophy proposing that judges should strike down laws that are inconsistent with norms and values stated or implied in the Constitution is called

Accepted Answer

A) judicial activism. 
B) a priori resistance. 
C) judicial restraint. 
D) striking activism. 
E) violable activism. 
A) judicial activism. 
B) a priori resistance. 
C) judicial restraint. 
D) striking activism. 
E) violable activism.

Question 8

The Supreme Court has ______________ in cases involving ambassadors and diplomats.

Accepted Answer

A) original jurisdiction 
B) no jurisdiction 
C) last jurisdiction 
D) tribunal jurisdiction 
E) None of the above 
A) original jurisdiction 
B) no jurisdiction 
C) last jurisdiction 
D) tribunal jurisdiction 
E) None of the above

Question 9

A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution is known as

Accepted Answer

A) judicial activism. 
B) a priori resistance. 
C) judicial restraint. 
D) striking activism. 
E) violable activism. 
A) judicial activism. 
B) a priori resistance. 
C) judicial restraint. 
D) striking activism. 
E) violable activism.

Question 10

The chief basis for judicial decisions is probably

Accepted Answer

A) precedent. 
B) agreeing with the opinion of the party in power. 
C) concurring with public opinion. 
D) obeying laws of checks and balances. 
E) responding to presidential requests. 
A) precedent. 
B) agreeing with the opinion of the party in power. 
C) concurring with public opinion. 
D) obeying laws of checks and balances. 
E) responding to presidential requests.

Question 11

District courts are the trial courts where almost all federal cases begin.

Accepted Answer

A) True 
 B)False

Question 12

A writ of certiorari is

Accepted Answer

A) the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. 
B) literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. 
C) a petition that allows a party to file "as a pauper" and avoid paying Court fees. 
D) a formal writ used to bring a case before the Supreme Court. 
E) a court order requiring explanation to a judge why a prisoner is being held in custody. 
A) the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. 
B) literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. 
C) a petition that allows a party to file "as a pauper" and avoid paying Court fees. 
D) a formal writ used to bring a case before the Supreme Court. 
E) a court order requiring explanation to a judge why a prisoner is being held in custody.

Question 13

The Supreme Court will NOT move forward with a case unless

Accepted Answer

A) all nine judges participate. 
B) six judges express agreement to hear it. 
C) at least four justices are interested in it. 
D) at least two judges are interested and represent majority opinion. 
E) all nine judges agree to hear it. 
A) all nine judges participate. 
B) six judges express agreement to hear it. 
C) at least four justices are interested in it. 
D) at least two judges are interested and represent majority opinion. 
E) all nine judges agree to hear it.

Question 14

Your text defines a justiciable dispute as

Accepted Answer

A) the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter. 
B) the power of a court to refuse to enforce a law. 
C) the authority of a court to review decisions made by lower courts. 
D) a dispute growing out of an actual case or controversy that is capable of settlement by legal methods. 
E) the authority of a court to hear a case "in the first instance." 
A) the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter. 
B) the power of a court to refuse to enforce a law. 
C) the authority of a court to review decisions made by lower courts. 
D) a dispute growing out of an actual case or controversy that is capable of settlement by legal methods. 
E) the authority of a court to hear a case "in the first instance."

Question 15

Your text defines an appellate jurisdiction as

Accepted Answer

A) the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter. 
B) the power of a court to refuse to enforce a law. 
C) the authority of a court to review decisions made by lower courts. 
D) a dispute growing out of an actual case or controversy that is capable of settlement by legal methods. 
E) the authority of a court to hear a case "in the first instance." 
A) the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter. 
B) the power of a court to refuse to enforce a law. 
C) the authority of a court to review decisions made by lower courts. 
D) a dispute growing out of an actual case or controversy that is capable of settlement by legal methods. 
E) the authority of a court to hear a case "in the first instance."

Question 16

Judicial review is

Accepted Answer

A) the power to invalidate laws of Congress that conflict with the Constitution. 
B) not specifically mentioned in the U.S.Constitution. 
C) derived by Chief Justice Marshall from the supremacy clause. 
D) All of the above 
E) All of the above, except A 
A) the power to invalidate laws of Congress that conflict with the Constitution. 
B) not specifically mentioned in the U.S.Constitution. 
C) derived by Chief Justice Marshall from the supremacy clause. 
D) All of the above 
E) All of the above, except A

Question 17

Original jurisdiction refers to the authority of a court to hear a case "in the first instance."

Accepted Answer

A) True 
 B)False

Question 18

Decisions of the Circuit Court of Appeals are frequently appealed to the Supreme Court.

Accepted Answer

A) True 
 B)False

Question 19

The authority of a court to hear a case "in the first instance" is called

Accepted Answer

A) an adversary system. 
B) judicial review. 
C) an appellate jurisdiction. 
D) a justiciable dispute. 
E) an original jurisdiction. 
A) an adversary system. 
B) judicial review. 
C) an appellate jurisdiction. 
D) a justiciable dispute. 
E) an original jurisdiction.

Question 20

Defendants who cannot afford their own attorneys in criminal trials may be represented by

Accepted Answer

A) a private attorney appointed by the court. 
B) a public defender. 
C) a solicitor general. 
D) Either A or B 
E) None of the above 
A) a private attorney appointed by the court. 
B) a public defender. 
C) a solicitor general. 
D) Either A or B 
E) None of the above

Exam 14: The Judiciary

A plaintiff is

The authority of a court to hear a case "in the first instance" is called original jurisdiction.

The use of judicial activism

A law that governs relationships between individuals and defines their legal rights is called

A defendant is

Amicus curiae brief literally means "friend of the court" brief.

A philosophy proposing that judges should strike down laws that are inconsistent with norms and values stated or implied in the Constitution is called

The Supreme Court has ______________ in cases involving ambassadors and diplomats.

A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution is known as

The chief basis for judicial decisions is probably

District courts are the trial courts where almost all federal cases begin.

A writ of certiorari is

The Supreme Court will NOT move forward with a case unless

Your text defines a justiciable dispute as

Your text defines an appellate jurisdiction as

Judicial review is

Original jurisdiction refers to the authority of a court to hear a case "in the first instance."

Decisions of the Circuit Court of Appeals are frequently appealed to the Supreme Court.

The authority of a court to hear a case "in the first instance" is called

Defendants who cannot afford their own attorneys in criminal trials may be represented by

Constitutional Democracy

Constitutional Foundations

American Federalism

Political Culture and Ideology

The US political Landscape

Political Parties

Public Opinion, Participation, and Voting

Campaigns and Elections

The Media and US politics

Congress

The Presidency

The Federal Bureaucracy

Civil Liberties

Civil Rights

Public Policy

Making Economic Policy

Making Social Policy

Making Foreign Defense Policy

State and Local Politics

State Constitutions

Parties and Elections in the States

State Legislatures

State Governors

Judges and Justice in the States

Local Governments and Metropolitics

Making State and Local Policy

Staffing and Financing State and Local Governments

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