Question 1

The judicial approach holding that the Constitution should be read literally,with the framers' intentions uppermost in mind,is known as ______.

Accepted Answer

strict constructionism

Question 2

A violation of civil law is called a ______.

Accepted Answer

A)   probate offense
B)   contract violation
C)   dereliction
D)   tort D

Question 3

Which of the following types of law always apply only to the executive branch of the federal government?

Accepted Answer

A)   an executive order
B)   an administrative law
C)   a constitutional amendment
D)   an act of Congress
E)   a tort A

Question 4

The American legal tradition can best be described as ______.

Accepted Answer

A)   a strictly common-law tradition
B)   a mixed system based on common-law practice but with a body of written, codified laws
C)   a strictly civil-law tradition
D)   a mixed system based on a civil-law tradition but with a tendency to rely on precedent
E)   a system that is moving rapidly from a common-law tradition to a civil-law tradition

Question 5

The only limitation on what statutes may do in the American system is found in ______.

Accepted Answer

A)   the Declaration of Independence
B)   the Constitution
C)   precedent
D)   civil law
E)   common law

Question 6

A law that makes it illegal to use steroids is an example of a ______ law.

Accepted Answer

A)   substantive
B)   procedural
C)   due process
D)   civil

Question 7

The system of district courts,appeals courts,and the Supreme Court set up by the founders ______.

Accepted Answer

A)   was not first established as a fully developed system
B)   borrowed heavily from the British system
C)   established the new concept of judicial review
D)   was spelled out in Article I of the United States Constitution

Question 8

Laws that regulate relations between individuals are called ______.

Accepted Answer

A)   criminal laws
B)   civil laws
C)   administrative laws
D)   regulatory laws
E)   constitutional laws

Question 9

According to some political observers,the different reaction of many blacks versus most whites to the shooting of Michael Brown in Ferguson,Missouri,can be linked to the fact that ______.

Accepted Answer

A)   whites are often treated with suspicion without any real cause
B)   blacks and whites experience the criminal justice system in the same ways
C)   blacks tend to perceive the police as persecutors rather than protectors
D)   Stop-and-Frisk policies affect mostly white men
E)   whites are more likely to receive harsher sentences than blacks

Question 10

____________ holds that the Constitution is a living document that the founders could not possibly have anticipated all possible future circumstances,and that justices should interpret the Constitution in light of social changes.

Accepted Answer

The answer of ____________ holds that the Constitution is a...

Question 11

Explain the constitutional process for the selection of federal judges.What are the criteria used by presidents to make their selections? How do the criteria change if the president is a Democrat as opposed to a Republican? What is the role of the Senate? How has this role changed over the years? How is it different if the president's party controls Congress than if the opposition controls Congress?

Accepted Answer

The answer of Explain the constitutional process for the selection...

Question 12

The opinion of the Supreme Court in a case is ______.

Accepted Answer

A)   the least important element of the Court's decision
B)   the most important element of the Court's decision
C)   important because it tells us which side won the case
D)   unimportant because the vote has already told us who won the case
E)   usually unimportant, but in some instances, it takes on importance

Question 13

Which of the following statements concerning jurisdiction is false?

Accepted Answer

A)   Original jurisdiction refers to the authority of a court to try a case first.
B)   About half the cases in the United States are heard by federal courts.
C)   Appellate jurisdiction refers to those cases a court hears on appeal.
D)   Almost all the cases heard by the Supreme Court come to it on appeal.
E)   The vast majority of losers in federal court cases accept the verdict without appeal.

Question 14

All of the following statements concerning the U.S.court system are true EXCEPT this one:

Accepted Answer

A)   Most states have the same three tiers of courts that the federal system has.
B)   Juries in appeals courts typically consist of six citizens.
C)   The federal courts that have original jurisdiction in most cases are the district courts.
D)   Most cases end at the trial level without an appeal.
E)   Appeals courts at both levels examine questions of law, not questions of fact.

Question 15

The reason the burden of proof in a criminal trial is greater than the burden of proof in a civil trial is ______.

Accepted Answer

A)   criminal trials are more expensive than civil trials
B)   civil trials are more expensive than criminal trials
C)   civil trials take longer than criminal trials
D)   the government is perceived as a greater threat to our liberties than are fellow citizens
E)   lawsuits are perceived as a greater threat to our liberty than is the government

Question 16

The role of the judge in the common-law tradition differs from the role of the judge in the civil-law tradition in that ______.

Accepted Answer

A)   judges in the common-law tradition have much more discretion to interpret the law
B)   judges in the common-law tradition are charged with finding the truth
C)   judges in the common-law tradition play a much more active role in trials
D)   judges in the common-law tradition do not rely on precedent as much as judges in the civil-law tradition
E)   judges in the civil-law tradition act more as neutral umpires than do judges in the common-law tradition

Question 17

A U.S.Department of Agriculture law on how much coloring or other additives can be in food is an example of a(n)______ law or regulation.

Accepted Answer

A)   regulatory
B)   statutory
C)   administrative
D)   constitutional
E)   adaptive

Question 18

The Constitution says ______.

Accepted Answer

A)   that federal judges shall be attorneys
B)   that federal judges shall be at least thirty years old
C)   nothing about the qualifications of federal judges
D)   that federal judges shall be natural-born citizens of the United States
E)   that federal judges shall have judicial experience

Question 19

Compare the operation and the role of judges in adversarial and inquisitorial systems.

Accepted Answer

The answer of Compare the operation and the role of...

Question 20

According to the text,which of the following is NOT a criterion used by presidents in choosing Supreme Court nominees?

Accepted Answer

A)   the candidate's political ideology
B)   the candidate's qualifications
C)   endorsements received by national news media
D)   rewards due to a friend or political ally
E)   representation of groups the president believes should be included in the political process

Exam 10: The American Legal System and the Courts