Module 10 Quizzes
Terms in this set (48)
Which of the following is NOT a statutory law?
The Fourteenth Amendment to the U.S. Constitution
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.
The only limitation on what statutes may do in the American system is found in ___
Which of the following is NOT an example of administrative law?
Congress passes a law limiting awards in medical malpractice cases.
The system of district courts, appeals courts, and the Supreme Court set up by the founders ___
was not first established as a fully developed system
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
Which of the following is NOT an influence on Supreme Court decision-making?
Direct lobbying by interest group representatives
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.
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
All of the following statements concerning the U.S. court system are true EXCEPT this one:
Juries in appeals courts typically consist of six citizens.
Criminal law deals with harm to ______, whereas civil law involves harm to ___
Laws that regulate relations between individuals are called ___
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.
The legal system of the United States is ___
largely a common-law tradition with elements of the civil-law tradition
The idea of an independent judiciary as created by the founders was ___
unique at the time of our country's founding
The power of the courts to determine the constitutionality of laws is called judicial ___
The Constitution says ___
nothing about the qualifications of federal judges
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
The Supreme Court is deeply involved in politics in each of the following ways EXCEPT this one:
By contributing to the campaigns of congressional allies
According to Thomas Hobbes and John Locke, the primary function of law is to ___
provide security, order, and predictability in life
Laws or regulations established by bureaucratic agencies on behalf of Congress are known as ___ laws or regulations.
The textbook argues that the United States is unlikely to change from an adversarial system of law for all of the following reasons EXCEPT this one:
It is generally acknowledged to be more fair than the inquisitorial system.
Which of the following is NOT a characteristic of the American legal system?
It focuses on procedural due process more than on substantive outcomes.
All of the following statements concerning appeals of lower court decisions are true EXCEPT this one:
Most cases in the federal courts are appealed.
The opinion of the Supreme Court in a case is ___
the most important element of the Court's decision
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 a(n) ___ law or regulation.
All of the following rights are protected by procedural laws EXCEPT this one:
the right to vote
Which of the following statements concerning jurisdiction is false?
About half the cases in the United States are heard by federal courts.
Based on the discussion in the textbook, we can conclude that getting a case before the U.S. Supreme Court is ___
The two main approaches to interpreting the Constitution are ___
judicial interpretivism and strict constructionism
A law that makes it illegal to use steroids is an example of a ___ law.
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
Senatorial courtesy refers to the ___
tradition of granting senators considerable power over federal judicial appointments in their home states
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
Which of the following is NOT a substantive law?
The right to appeal a criminal conviction
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
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.
Which of the following statements is true about the dual court system?
Most cases are heard in the state courts.
A writ of certiorari is ___
a petition by the losing side in a lower court for the Supreme Court to hear an appeal
In an adversarial system, the winning side is likely to be ___
the one with the more skilled attorney
Which of the following types of law always apply only to the executive branch of the federal government?
An executive order
The Supreme Court has used its power of judicial review ___
frequently against both state legislation and acts of Congress
A violation of civil law is called ___
Opponents of judicial elections believe that elections sacrifice judicial ___
Strict constructionists argue that there is no such thing as a ___
constitutionally protected right to privacy
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