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