Lesson 4 Quiz Flashcards

1
Q

What is a factor in how a judge may make a decision?

A

legal rules and precedents/ changes in circumstances/ ideological attitudes/ external political pressures

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2
Q

Which of the following may factor into whether justices vote in favor of hearing a case?​

A

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

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3
Q

Growing in popularity and use is the “Missouri Plan” for selecting judges at the state level. What are the steps in this process?

A

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.

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4
Q

The document filed by an outside party with an interest in the litigation is a(n) _____________________.

A

amicus curiae

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5
Q

__________is the term used for the laws and rules that address disputes in which the government is acting in its official capacity upon individuals.

A

public law

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6
Q

There are __________ federal appeals courts across the country.​

A

13

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7
Q

Congress can alter the Supreme Court’s __________ but not its __________.

A

appellate jurisdiction, original jurisdiction

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8
Q

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?

A

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

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9
Q

A general definition of law is _________________.

A

authoritative rules made by government

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10
Q

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 ___________________.

A

criminal law

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11
Q

The party that chooses to initiate formal legal proceedings is called the _____________.

A

plantiff

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12
Q

Which of the following best describes how cases reach the U.S. Supreme Court on appeal?

A

About half of the cases come from federal appellate courts and the other half come from the 50 state supreme courts.

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13
Q

During the nation’s early history, federal trials were conducted by _________________.

A

Supreme Court justices traveling on an assigned circuit

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14
Q

In criminal cases that go to trial, the burden rests squarely on the prosecutor to prove __________ that the defendant committed the crime.

A

“beyond a reasonable doubt”

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15
Q

The U.S. Supreme Court was established by​ _________________.

A

​Article III of the U.S. Constitution

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16
Q

Which of the following is not a result of plea bargaining?

A

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.

17
Q

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?

A

civil law

18
Q

To “Bork” means _______________________.

A

to challenge a president’s nominee through well-financed and organized interest group opposition

19
Q

In McCulloch v. Maryland, the Supreme Court _______________________.

A

ruled that Congress had powers beyond those specifically listed in the constitution

20
Q

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 ________________.

A

​concurring opinion

21
Q

Sets of legislative codes, laws, or rules that are enacted by duly authorized lawmaking bodies or offices are broadly known as __________ laws.

A

civil

22
Q

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?

A

adversarial system

23
Q

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 __________________.

A

defendant

24
Q

The type of law concerned with the definition, regulation, and enforcement rights in a divorce is _______ law.

A

private

25
Q

Which of the following would not be a court in the federal judicial system?

A

family court