A) the right of a court to review legislation and declare it unconstitutional. B) the right of a legislature to pass statutes that overrule court decisions. C) the right of an appellate court to overrule a lower court decision. D) the right of the executive branch to enforce or not enforce judicial decisions. E) the right of a court to create laws. A) the right of a court to review legislation and declare it unconstitutional. B) the right of a legislature to pass statutes that overrule court decisions. C) the right of an appellate court to overrule a lower court decision. D) the right of the executive branch to enforce or not enforce judicial decisions. E) the right of a court to create laws.

Exam 3: The Court System

Taking the chapter a whole, what, in your opinion, are the most dangerous problems facing the American justice system, and what suggestions would you make to fix these problems?

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(Essay)

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Question 1

Correct Answer:

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Answers may include problems involving too much lawyerly intervention, too little access to courts, fallibility of judges, lack of judicial oversight, and whether or not permitting justices the power of review is allowing for too much power.

Many states have rules allowing for juries of less than twelve in civil cases but all states continue to require juries of twelve in criminal matters.

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(True/False)

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Question 2

Correct Answer:

Verified

False

What benefits to society can activist judges effect, and how does their philosophy both respond to and advance society?

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Question 3

Correct Answer:

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Those who believe in the philosophy of judicial activism believe that courts have a major role to play in correcting wrongs in our society. To them, courts must provide leadership in bringing about social, political, and economic change because the political system is often too slow or unable to bring about those changes necessary to improve society. Activists tend to be innovative and less dependent on precedent for their decisions. They are value oriented and policy directed. Activist jurists believe that constitutional issues must be decided within the context of contemporary society and that the meaning of the Constitution is relative to the times in which it is being interpreted. Activists believe that the courts, and especially the Supreme Court, sit as a continuing constitutional convention to meet the needs of today.

A petition for a writ of certiorari is a request by the losing party in the court of appeals for permission to file an appeal with the _____.

(Multiple Choice)

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Question 4

All taxpaying American citizens automatically have the right to begin any lawsuit in any court they choose.

(True/False)

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Question 5

The Sixth and Seventh Amendments of the U.S. Constitution guarantee the right to a jury trial in civil and criminal cases.

(True/False)

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Question 6

Congress has created a separate U.S. Court of Appeals for each state.

(True/False)

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Question 7

A lawyer cannot testify against a client, even if called to do so at a trial.

(True/False)

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Question 8

Why do judicial restraint jurists have a deep commitment to precedent?

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Question 9

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 the partnership of Ted & Larry Trucks. However, when Beatrice receives the trucks, it is obvious that they are in disrepair and not at all what she ordered. In preparation 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 federal court?

(Essay)

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Question 10

The terms judicial restraint and judicial activism are not exclusive to particular judges and many may share aspects of both in their judicial philosophy.

(True/False)

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Question 11

The U.S. court system is an adversarial system.

(True/False)

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Question 12

Judicial review is:

(Multiple Choice)

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Question 13

Those who believe in judicial restraint believe that social, political, and economic change in society should result from _____ rather than from court action.

(Multiple Choice)

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Question 14

The judiciary can review the laws passed by the legislative body.

(True/False)

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Question 15

Most lawsuits begin at the _____ level.

(Multiple Choice)

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Question 16

In your opinion, do the decisions of the Supreme Court affect the daily lives of American citizens? What are the implications of 5-4 decisions, and are these any guide to how the populace views the court?

(Essay)

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Question 17

Josh and Shiela are neighbors. One morning they have a motor vehicle accident. Amanda is severely injured and suffers $95,000 worth of medical and property damages. She believes that the accident was Josh's fault and wishes to sue. Which court(s) may she file her initial lawsuit in?

(Multiple Choice)

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Question 18

Do you think justice would be better served if the human element could be removed from judicial decision-making? Would our system be better and more dependable if computers decided right and wrong?

(Essay)

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Question 19

Which of the following is true of the federal district courts?

(Multiple Choice)

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Question 20

Showing 1 - 20 of 90

Exam 3: The Court System

Taking the chapter a whole, what, in your opinion, are the most dangerous problems facing the American justice system, and what suggestions would you make to fix these problems?

Many states have rules allowing for juries of less than twelve in civil cases but all states continue to require juries of twelve in criminal matters.

What benefits to society can activist judges effect, and how does their philosophy both respond to and advance society?

A petition for a writ of certiorari is a request by the losing party in the court of appeals for permission to file an appeal with the _____.

All taxpaying American citizens automatically have the right to begin any lawsuit in any court they choose.

The Sixth and Seventh Amendments of the U.S. Constitution guarantee the right to a jury trial in civil and criminal cases.

Congress has created a separate U.S. Court of Appeals for each state.

A lawyer cannot testify against a client, even if called to do so at a trial.

Why do judicial restraint jurists have a deep commitment to precedent?

The terms judicial restraint and judicial activism are not exclusive to particular judges and many may share aspects of both in their judicial philosophy.

The U.S. court system is an adversarial system.

Judicial review is:

Those who believe in judicial restraint believe that social, political, and economic change in society should result from _____ rather than from court action.

The judiciary can review the laws passed by the legislative body.

Most lawsuits begin at the _____ level.

In your opinion, do the decisions of the Supreme Court affect the daily lives of American citizens? What are the implications of 5-4 decisions, and are these any guide to how the populace views the court?

Josh and Shiela are neighbors. One morning they have a motor vehicle accident. Amanda is severely injured and suffers $95,000 worth of medical and property damages. She believes that the accident was Josh's fault and wishes to sue. Which court(s) may she file her initial lawsuit in?

Do you think justice would be better served if the human element could be removed from judicial decision-making? Would our system be better and more dependable if computers decided right and wrong?

Which of the following is true of the federal district courts?

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