Terms in this set (50)
According to some political observers, the different reaction of many blacks versus most whites to the shooting of Michael Brown in Ferguson, MO, can be linked to
the fact that blacks' experience with the legal system leads them not to trust it.
The two main approaches to interpreting the Constitution are
judicial interpretivism and strict constructionism
The American legal tradition can best be described as
a mixed system based on common law practice but with a body of written, codified laws
Based on the discussion in the textbook, we can conclude that getting a case before the U.S. Supreme Court is
The characteristics that help determine which court has jurisdiction over a case include all of the following EXCEPT
The expressed wishes of the president
Amicus curiae briefs are significant because
they may influence whether the Supreme Court decides to hear a case
A U.S. Department of Agriculture law on how much coloring or other additives can be in food is an example of _____ law or regulation
All of the following statements are true concerning the common law tradition EXCEPT
Most of the United States uses the common law tradition as the basis of its legal system
If the minority party is not the party of the president, it has little power to influence the success of nominations
Which of the following is NOT an example of administrative law?
Congress passes a law limiting awards in medical malpractice cases
Which of the following statements is NOT true regarding the U.S. legal system in comparison to those of other countries?
Unlike other countries, the United States has an inquisitorial legal system
Which of the following types of law always apply only to the executive branch of the federal government?
An executive order
The opinion of the Supreme Court in a case is
the most important element of the Court's decision
Which of the following is not a statutory law?
The Fourteenth Amendment to the U.S. Constitution
Which of the following statements concerning the functions of the law is incorrect?
The weakness of the law is that we can easily break a rule that we do not know exists
All of the following are procedural laws EXCEPT
The right to vote
The U.S. courts of appeals are arranged
in twelve circuits covering the District of Columbia and geographical groupings of states
Which of the following statements concerning presidential appointment of judges is NOT true?
Presidents have always worked to shape the ideological leanings of the Supreme Court
The Supreme Court has tended to use its power of judicial review
The powers of the Supreme Court listed in the Constitution
are not clearly spelled out
Judicial activism has become an important political issue because
conservatives have argued that judges are acting as legislators on issues such as same-sex marriage
Which of the following is NOT an influence on Supreme Court decision making?
Direct lobbying by interest group representatives
Which of the following is NOT a characteristic of the American legal system?
It focuses on procedural due process more than on substantive outcomes
A violation of civil law is called
All of the following statements concerning the U.S. court system are true EXCEPT
Juries in appeals courts typically consist of six citizens
Laws that regulate relations between individuals are called
The Supreme Court is deeply involved in politics in each of the following ways EXCEPT
By contributing to the campaigns of congressional allies
The role of the judge in the common law tradition differs from the role of the judge in the civil law tradition in that
judges in the common law tradition have much more discretion to interpret the law
Strict constructionists argue that there is no such thing as
constitutionally protected right to privacy
Which of the following statements is true about the dual court system?
Most cases are heard in the state courts
Senatorial courtesy refers to the
tradition of granting senators considerable power over federal judicial appointments in their home states
One reason dissenting opinions are significant to U.S. common law is
they may have a lasting impact if the Court later changes its mind
The power of the courts to determine the constitutionality of laws is called judicial
The legal system of the United States is
largely a common law tradition with elements of the civil law tradition
Marshall justified the claim that the Court has the power of judicial review on the grounds that
it is within the province of the courts to say what the law is
The Civil Rights Act of 1964 serves which function of the law?
Distributing the benefits and rewards society has to offer
The first Hispanic Justice of the Supreme Court was appointed by President
The Rule of Four is significant to the balance of power among Supreme Court justices because it
gives some power to the minority on the Court
All of the following statements concerning appeals of lower court decisions are true EXCEPT
Most cases in the federal courts are appealed
According to the text, which of the following is NOT a criterion used by presidents in choosing Supreme Court nominees?
Endorsements received by national news media
Criminal law deals with harm to __________, whereas civil law involves harm to __________
The idea of an independent judiciary as created by the founders was
unique at the time of our country's founding
Decisions of the U.S. circuit courts are made by
rotating panels of three judges
According to Thomas Hobbes and John Locke, the primary function of law is to
provide security, order, and predictability in life
The only limitation on what statutes may do in the American system is found in
A law that makes it illegal to use steroids is an example of a _____ law
The Constitution says
nothing about the qualifications of federal judges
Which of the following statements concerning jurisdiction is false?
About half the cases in the United States are heard by federal courts
All of the following statements concerning the power of judicial review are true EXCEPT
It includes the powers to declare acts of government unconstitutional and to interpret the meaning of all federal and state laws
Which of the following is NOT a substantive law?
The right to appeal to appeal a criminal conviction
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