Lesson 4 Quiz Flashcards
What is a factor in how a judge may make a decision?
legal rules and precedents/ changes in circumstances/ ideological attitudes/ external political pressures
Which of the following may factor into whether justices vote in favor of hearing a case?
consistency in the lower courts on the issue/ if the federal government has intervened in the case/ in order to transform a precedent/ the importance of the case
Growing in popularity and use is the “Missouri Plan” for selecting judges at the state level. What are the steps in this process?
A judicial nominating committee chooses three judicial candidates based on merit; the governor appoints one from the list, and after two years the judge stands for election by the voters.
The document filed by an outside party with an interest in the litigation is a(n) _____________________.
amicus curiae
__________is the term used for the laws and rules that address disputes in which the government is acting in its official capacity upon individuals.
public law
There are __________ federal appeals courts across the country.
13
Congress can alter the Supreme Court’s __________ but not its __________.
appellate jurisdiction, original jurisdiction
Which of the following characteristics is not one of the considerations that is typically used in the selection process for a nominee for an open seat on the U.S. Supreme Court?
the nominee’s experience as a trial lawyer
Right answers: the current political environment/ demographic considerations such as race or gender of the nominee/ the nominee’s ideological and policy preferences/ the nominee’s judicial competence
A general definition of law is _________________.
authoritative rules made by government
The rules and regulations that declare what types of conduct constitute an “offense against society” and prescribe the punishment to be imposed for such conduct are collectively referred to as ___________________.
criminal law
The party that chooses to initiate formal legal proceedings is called the _____________.
plantiff
Which of the following best describes how cases reach the U.S. Supreme Court on appeal?
About half of the cases come from federal appellate courts and the other half come from the 50 state supreme courts.
During the nation’s early history, federal trials were conducted by _________________.
Supreme Court justices traveling on an assigned circuit
In criminal cases that go to trial, the burden rests squarely on the prosecutor to prove __________ that the defendant committed the crime.
“beyond a reasonable doubt”
The U.S. Supreme Court was established by _________________.
Article III of the U.S. Constitution
Which of the following is not a result of plea bargaining?
It allows the defendant to avoid a trial until an appeal can be filed to a higher court.
Right answers
It avoids lengthy and expensive trials./ It normally allows the defendant to avoid a prison sentence or significantly reduces the sentence./ It reduces the court docket length and time./ It often allows prosecutors to gain cooperation in other cases from the defendant in exchange for the reduced sentence.
In some cases, such as that of O. J. Simpson in the 1990s, the defendant may be acquitted of a murder charge but may also be required in a separate court action to pay a large fine for “wrongful death.” Under what type of law is the wrongful death suit generated?
civil law
To “Bork” means _______________________.
to challenge a president’s nominee through well-financed and organized interest group opposition
In McCulloch v. Maryland, the Supreme Court _______________________.
ruled that Congress had powers beyond those specifically listed in the constitution
If a justice agrees with the end result reached by the majority of the court, but disagrees with the reasons offered in the main written opinion, he or she may write a ________________.
concurring opinion
Sets of legislative codes, laws, or rules that are enacted by duly authorized lawmaking bodies or offices are broadly known as __________ laws.
civil
Which of the following is a system of justice used in the American legal system in which opposing parties contend against each other for a result favorable to themselves, while judges act as independent referees overseeing the contest?
adversarial system
The target of the complaint, who normally responds to the complaint with a formal written defense prior to appearing formally in court, is called the __________________.
defendant
The type of law concerned with the definition, regulation, and enforcement rights in a divorce is _______ law.
private
Which of the following would not be a court in the federal judicial system?
family court
