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Law Quiz 1
Terms in this set (58)
Which of the following statements about civil law systems is true?
France, Germany, and Italy follow civil law systems.
Proponents of judicial ______ generally argue for an appointive process with life tenure (the federal model) or at least long terms of office.
________ is described as the science or philosophy of the law.
The federal courts' ______ applies only to civil suits and is unrelated to the presence of a question of federal law.
The United States ______ Courts are the major trial courts in the federal judiciary.
The party seeking judicial review of a law must have ___________ to challenge that law, which means that the operation of the law must produce a substantial injury to the rights of the party seeking review.
Which of the following statements best indicates how chancery courts were different from law courts?
Chancery courts inquired into the merits of a case rather than emphasize legal procedures.
In a concurring opinion in Ashwander v. Tennessee Valley Authority (1936), Justice _________ set forth the basic limiting doctrines observed by courts in the exercise of judicial review.
________ courts were allowed to give equitable remedies under the English common law.
The authority that resides in every sovereignty to pass laws for its internal regulation and government is called
In the Latin, the law of retaliation calling for "an eye for an eye" is the ______.
The Supreme Court's ______ extends to all federal cases "with such Exceptions, and under such Regulations as the Congress shall make."
The ______ seek to limit the exercise of judicial review and, accordingly, reduce the potential for political conflict flowing from an ill-advised or untimely use of judicial power.
What led to the creation of the Chancery Courts?
the unfair results and limited remedies provided by the law courts
The ________ branch of the federal government has the power to enforce the law.
Which of the following statements about stare decisis is TRUE?
Under the doctrine of stare decisis, a question of fact determined by a court has a binding effect on a subsequent case involving similar questions of fact.
Some states have a ______ that has been delegated authority to regulate the legal profession, usually under the oversight of the state's highest court.
McCulloch v. Maryland (1819) is most important for its statement of the doctrine of ______.
The primary function of trial courts is to exercise ___, which refers to the court's power to take note of a suit at its beginning, try it, and pass judgment on the law and the facts of the controversy.
In family law disputes and personal injury cases, parties often agree to ______.
Which appellate court reviews appeals from the U.S. district courts throughout the nation in cases regarding patent, trademark, and copyright and cases in which the United States is the defendant?
the Court of Appeals for the Federal Circuit
Administrative agencies first came into existence during the 1960s.
Which of the following statements concerning judicial review is false?
The concept of judicial review was completely foreign to the Framers of the U.S. Constitution.
Ordinances are codified laws that are issued by ________.
local government bodies
Which of the following is a true statement about the U.S. Court of Appeals?
Each of the judicial circuits has only one Court of Appeals (although that court may meet in several different cities throughout the circuit), which here appeals from the U.S. District Courts within that circuit.
________ are established by the legislative and executive branches of the federal and state governments to enforce and interpret statutes enacted by the Congress and state legislatures.
Constitutions, legislation, court decisions and regulations are examples of
sources of American law.
Legislative powers include
The Supreme Court case decision on the case of Brown v. Board of Education was important because it exhibited ________.
the scope of flexibility of the law
________ are courts that hear matters of a specialized or limited nature.
Inferior trial courts
________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts.
Courts of record
Decisions of the ________ are final unless a question of law is involved that is appealable to the U.S. Supreme Court.
highest state courts
Which of the following is a function of the state supreme courts?
hearing appeals from intermediate appellate state courts and certain trial courts
The ________ established by Congress have limited jurisdiction.
special federal courts
Which of the following powers is preempted by the federal government?
Power to regulate the coining of money
The ________ has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade.
U.S. Court of Appeals for the Federal Circuit
Administrative regulations come from:
federal boards, departments, commissions, and agencies.
state boards, departments, commission, and agencies.
The ________ hears cases brought against the United States.
U.S. Court of Federal Claims
Why was the Court of Appeals for the Federal Circuit created?
It was created to provide uniformity in the application of federal law in certain areas, particularly patent law.
Which of the following courts most typically acts as the trier of fact?
Which of the following statements is true of the U.S. Supreme Court?
The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases.
________ refers to an official notice that the Supreme Court will review a case.
Writ of certiorari
To request a hearing in the U.S. Supreme Court, a party often files:
a petition for a writ of certiorari.
The trial courts in state court systems may be called:
Which of the following is true about a plurality decision of the Supreme Court?
It settles a case but does not set the precedent for later cases.
Which of the following is true about a majority decision reached by the U.S. Supreme Court?
A majority of the justices agree as to the outcome and reasoning used to decide a case.
Which of the following similarities is observed between tie and plurality decisions reached by the U.S. Supreme Court?
The decisions do not set precedent for later cases.
________ refer to cases arising under the U.S. Constitution, treaties, and federal statutes and regulations.
Federal question cases
In which of the following cases do federal and state courts have concurrent jurisdiction?
diversity of citizenship cases
When the states ratified the Constitution, they delegated ________ powers to the federal government.
Reserved powers are given to the ________ by the Constitution.
The ________ is responsible for making federal law.
Which of the following is established by the Supremacy Clause of the U.S. Constitution?
The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.
Which of the following statements is true about the Foreign Commerce Clause of the United States?
Regulation of foreign commerce by state governments is unconstitutional.
The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by
Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of
sound bites in the media.
Arnold loses his suit against Buffy in a Colorado state trial court. Arnold appeals to a state intermediate court of appeals and loses again. Arnold would appeal next to
the Colorado Supreme Court.
In the U.S. Supreme Court, if a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a ________ decision.
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