POLS-Y103 Barbour exam 4
Terms in this set (27)
The reason the burden of proof in a criminal trial is greater than the burden of proof in a civil trial is ______.
the government is perceived as a greater threat to our liberties than are fellow citizens
A violation of civil law is called ______.
In an inquisitorial system, ______.
the attorneys play relatively minor roles
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
The powers of the Supreme Court listed in the Constitution ______.
are not clearly spelled out
All of the following statements concerning the power of judicial review are true EXCEPT this one:
It includes the powers to declare acts of government unconstitutional and to interpret the meaning of all federal and state laws.
One reason dissenting opinions are significant to U.S. common law is that ______.
they may have a lasting impact if the Court later changes its mind
The two main approaches to interpreting the Constitution are ______.
judicial interpretivism and strict constructionism
Opponents of judicial elections believe that elections sacrifice judicial ______.
Which of the following statements is true about the dual court system?
Most cases are heard in the state courts.
Which of the following statements concerning the functions of the law is NOT correct?
The weakness of the law is that we can easily break a rule that we do not know exists.
All of the following rights are protected by procedural laws EXCEPT this one:
The right to vote
A U.S. Department of Agriculture law on how much coloring or other additives can be in food is an example of a(n) ______ law or regulation.
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
The idea of an independent judiciary as created by the founders was ______.
unique at the time of our country's founding
According to some political observers, the different reaction of many blacks versus most whites to the shooting of Michael Brown in Ferguson, Missouri, can be linked to the fact that ______.
blacks' experience with the legal system leads them not to trust it
The Constitution says ______.
nothing about the qualifications of federal judges
The first Hispanic justice of the Supreme Court was appointed by President ______.
A writ of certiorari is ______.
a petition by the losing side in a lower court for the Supreme Court to hear an appeal
All of the following statements are true concerning the common-law tradition EXCEPT this one:
Most of the United States uses the common-law tradition as the basis of its legal system.
According to many scholars, Americans sue each other a great deal for all of the following reasons EXCEPT this one:
Lawsuits are easy to file in the United States compared with other countries
Laws whose actual content defines what we can and cannot legally do are ______ laws.
Criminal law deals with harm to ______, whereas civil law involves harm to ______.
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
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
All of the following statements concerning appeals of lower court decisions are true EXCEPT this one:
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