Question 1

Those who believe that judicial power should be exercised whenever the needs of society justify such use believe in:

Accepted Answer

A)  judicial functionality. 
B)  judicial activism. 
C)  judicial extension. 
D)  judicial abstention. 
E)  judicial absenteeism. 
A)  judicial functionality. 
B)  judicial activism. 
C)  judicial extension. 
D)  judicial abstention. 
E)  judicial absenteeism.

Question 2

What is the purpose of having specialized lower state courts and how does this serve justice?

Accepted Answer

Courts of different scope and subject ma

Question 3

Supreme Court Justices are:

Accepted Answer

A)  appointed and approved by the president. 
B)  appointed by the members of the lower courts. 
C)  appointed by the U.S. House of Representatives. 
D)  appointed by Congress. 
E)  appointed by the president alone. 
A)  appointed and approved by the president. 
B)  appointed by the members of the lower courts. 
C)  appointed by the U.S. House of Representatives. 
D)  appointed by Congress. 
E)  appointed by the president alone.

Question 4

Discuss your opinion about the Citizens United case. Thoroughly discuss the legal issues decided, the reasons given for the majority opinion, and whether you agree or disagree with the majority.

Accepted Answer

Student answers will vary but should inv

Question 5

How do trial judges and appellate judges differ?

Accepted Answer

A trial judge spends his or her time ver

Question 6

The main job of judges is to:

Accepted Answer

A)  determine the facts from the evidence in a jury trial. 
B)  present the evidence to the jury. 
C)  give juries no deference. 
D)  apply the law to the facts. 
E)  campaign for reelection. 
A)  determine the facts from the evidence in a jury trial. 
B)  present the evidence to the jury. 
C)  give juries no deference. 
D)  apply the law to the facts. 
E)  campaign for reelection.

Question 7

Strict constructivism is also known as:

Accepted Answer

A)  judicial liberalism. 
B)  judicial activism. 
C)  judicial review. 
D)  judicial abstention. 
E)  judicial formalism. 
A)  judicial liberalism. 
B)  judicial activism. 
C)  judicial review. 
D)  judicial abstention. 
E)  judicial formalism.

Question 8

If the answer to a case is not clearly established by statute or by unquestioned precedent, the judge must first extract from the precedents the underlying principle, known as the _____.

Accepted Answer

A)  obiter dicta 
B)  ratio decidendi 
C)  voir dire 
D)  habeas corpus 
E)  writ of ceritorari 
A)  obiter dicta 
B)  ratio decidendi 
C)  voir dire 
D)  habeas corpus 
E)  writ of ceritorari

Question 9

Proponents of _____ believe that judicial review by judges should not be used except in unusual cases.

Accepted Answer

A)  judicial restraint 
B)  judicial activism 
C)  voir dire 
D)  judicial relativism 
E)  res judicata 
A)  judicial restraint 
B)  judicial activism 
C)  voir dire 
D)  judicial relativism 
E)  res judicata

Question 10

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 11

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

Accepted Answer

A)  It has exercised this power more than once per presidential cycle. 
B)  It exercises the power of judicial review at least once a year. 
C)  It uses its power of judicial review only when the country faces war. 
D)  It rarely uses judicial because of its self-imposed limits. 
E)  It uses the power only when the majority of the justices are strict constructionists. 
A)  It has exercised this power more than once per presidential cycle. 
B)  It exercises the power of judicial review at least once a year. 
C)  It uses its power of judicial review only when the country faces war. 
D)  It rarely uses judicial because of its self-imposed limits. 
E)  It uses the power only when the majority of the justices are strict constructionists.

Question 12

According to Benjamin Cardozo, what are the forces that shape the progress of the law?

Accepted Answer

Logic, history, custom, utilit

Question 13

In most states, a jury's decision must be unanimous.

Accepted Answer

A) True 
 B)False

Question 14

Congratulations! You have just been sworn in as a member of your state's highest court. What will your judicial philosophy be? Will you likely practice judicial restraint or judicial activism? Why? Identify a current Supreme Court Justice that shares your chosen philosophy.

Accepted Answer

Student answers will vary but should inc

Question 15

The members of the U.S. Supreme Court are called magistrates.

Accepted Answer

A) True 
 B)False

Question 16

The U.S. Constitution does not specify the size of juries required in civil and criminal trials.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following provides the details of how court litigation is conducted in federal court litigation?

Accepted Answer

A)  Article III of the Constitution 
B)  The First Amendment 
C)  The Sixth Amendment 
D)  Federal Rules of Civil Procedure 
E)  Federal Rules of Evidence 
A)  Article III of the Constitution 
B)  The First Amendment 
C)  The Sixth Amendment 
D)  Federal Rules of Civil Procedure 
E)  Federal Rules of Evidence

Question 18

_____ refers to the power of a court, at the state or federal level, to hear a case.

Accepted Answer

A)  Activism 
B)  Res judicata 
C)  Power of attorney 
D)  Voir dire 
E)  Jurisdiction 
A)  Activism 
B)  Res judicata 
C)  Power of attorney 
D)  Voir dire 
E)  Jurisdiction

Question 19

When the U.S. Supreme Court reviews petitions for a writ of certiorari, the writ is granted if four of the nine justices vote to take the case.

Accepted Answer

A) True 
 B)False

Question 20

Declaring that seniority has preference over Affirmative Action layoffs is an example of a typical judicial restraint decision.

Accepted Answer

A) True 
 B)False

Exam 3: The Court System

Those who believe that judicial power should be exercised whenever the needs of society justify such use believe in:

What is the purpose of having specialized lower state courts and how does this serve justice?

Supreme Court Justices are:

Discuss your opinion about the Citizens United case. Thoroughly discuss the legal issues decided, the reasons given for the majority opinion, and whether you agree or disagree with the majority.

How do trial judges and appellate judges differ?

The main job of judges is to:

Strict constructivism is also known as:

If the answer to a case is not clearly established by statute or by unquestioned precedent, the judge must first extract from the precedents the underlying principle, known as the _____.

Proponents of _____ believe that judicial review by judges should not be used except in unusual cases.

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.

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

According to Benjamin Cardozo, what are the forces that shape the progress of the law?

In most states, a jury's decision must be unanimous.

Congratulations! You have just been sworn in as a member of your state's highest court. What will your judicial philosophy be? Will you likely practice judicial restraint or judicial activism? Why? Identify a current Supreme Court Justice that shares your chosen philosophy.

The members of the U.S. Supreme Court are called magistrates.

The U.S. Constitution does not specify the size of juries required in civil and criminal trials.

Which of the following provides the details of how court litigation is conducted in federal court litigation?

_____ refers to the power of a court, at the state or federal level, to hear a case.

When the U.S. Supreme Court reviews petitions for a writ of certiorari, the writ is granted if four of the nine justices vote to take the case.

Declaring that seniority has preference over Affirmative Action layoffs is an example of a typical judicial restraint decision.

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