9. Multiple Choice Flashcards
Cases in which the government (as plaintiff) charges an individual with violating a statute that has been enacted to protect the public health, safety, morals, or welfare are classified as _________ law.
criminal
Most criminal cases are heard in …
state and local courts
Cases involving disputes among individuals (or between individuals and the government) in which the losers may be required to pay monetary damages for their actions but not fined or sent to prison are classified as ______________ law.
Civil
The two most common types of civil cases involve …
contracts and torts
Smith Manufacturing Corporation charges that Jones Distributors failed to honor an agreement to deliver raw materials at a specified time, causing Smith to lose business. Smith asks the Court to order Jones to pay compensation for damage that was allegedly suffered. This is an example of a typical ______________case.
Contract
In a medical malpractice case, an individual alleges that he or she has been injured by another’s negligence or malfeasance. Medical malpractice cases such as this one involve which kind of law?
tort
Which of the following is a major form of public law?
constitutional law
Under which condition would a criminal case enter the realm of public law?
if the defendant claims that constitutional rights were violated
Administrative law is a subset of what category of law?
public law
One of the foundations of judicial independence in the United States is …
judicial review
Cases in which a plaintiff or defendant alleges the government’s misuse of powers or abuse of citizens’ rights as defined under the Constitution or by statute are called ________________ law.
public
What is the name of the court practice in which a previous decision by a court applies as a precedent in similar cases until the decision is overruled?
stare decisis
Why does the history principle apply to the judicial branch more than the other two branches of the federal government?
Courts rely on precedents from previous cases to guide current decisions.
Under what authority does the U.S. military operate its own court system that governs the behavior of men and women in uniform?
Uniform Code of Military Justice
Ninety-nine percent of all court cases are heard in which of the following venues?
state and local courts
In civil cases, most litigation is brought in the …
state and local courts
The court that initially hears a criminal or civil case is the __________ court.
trail
If a defendant is convicted of robbery in a state trial court, he or she may challenge the outcome in a higher court, such as …
a state court of appeals
What is the difference between the Supreme Court’s original jurisdiction and its appellate jurisdiction?
Cases in the Court’s original jurisdiction go directly to the Supreme Court, while cases in its appellate jurisdiction go to state or lower federal courts first.
In the United States, the basis for the authority of judges is …
the Constitution and laws
Civil cases that involve the citizens of more than one state and in which more than $75,000 is at stake may be heard in either the federal or the state courts, usually depending on the preference of the …
plaintiff
For the most part, Congress has assigned federal court jurisdictions on the basis of …
geography
Which of the following courts exercises appellate jurisdiction over cases heard by the district courts within its region?
each circuit court
Which court hears appeals involving patent law and those appeals arising from the decisions of the trade and claims court?
Court of Appeals for the Federal Circuit
The Federal Ninth Circuit of Appeals includes eleven western states and territories, making it the largest court in terms of both population and land area. There have been attempts to divide the Ninth Circuit, but it has proven difficult to organize a coalition in favor of a specific alternative. Which of the five principles of politics highlights the importance of coalition building?
All politics is collective action.
Which of the following is true regarding Article I courts and Article III courts?
Article I courts are less independent than Article III courts.
Most of the cases filed with the Supreme Court …
are dismissed without rulings on their merits.
Which constitutional article gives the Supreme Court original jurisdiction in cases involving foreign ambassadors and issues in which a state is a party?
Article III
Which constitutional article gives the Supreme Court appellate jurisdiction in all federal cases?
Article III
