Deck 1: An Overview of the Judicial System and Correctional Law

Question 1

Which of the following is not one of the three principle sources of laws in the U.S.?

A) Federal and state constitutions
B) Federal and state statutes
C) Presidential proclamations
D) Common (case) law

Answer 1

Presidential proclamations

Question 2

The Bill of Rights became applicable to the states in 1868 with the passage of the _____ Amendment.

A) 12^th
B) 14^th
C) 16^th
D) 18^th

Answer 2

14^th

Question 3

__________ is the decision of a court that furnishes authority for an identical or similar case that arises subsequently.

A) Precedent
B) Dictum
C) Holding
D) Ad litem

Answer 3

Precedent

Question 4

Which of the following is not one of the reasons for applying the doctrine of stare decisis discussed in the text?

A) Certainty and predictability of the law
B) Equality of application
C) Respect for the prior judgments of an esteemed legal mind
D) Limiting the number of cases filed in a court

Question 5

Federal courts have original jurisdiction over all of the following types of cases EXCEPT:

A) cases arising under the U.S. Constitution
B) controversies in which the U.S. is a party
C) state constitutions
D) controversies between states

Question 6

Which of the following is not a form of evidence used in federal trials?

A) Testimony
B) Documents
C) Physical evidence
D) Hearsay

Question 7

How many Supreme Court justices must agree to hear a case before it is presented to the entire Court?

A) 3
B) 4
C) 5
D) 6

Question 8

Which of the following is the correct citation style for Supreme Court cases reported in the United States Reports?

A) Lafler v. Cooper (2012), 566 U.S. 156
B) (2012) Lafler v. Cooper, 566 U.S. 156
C) Lafler v. Cooper, 566 U.S. 156 (2012)
D) Lafler v. Cooper (566 U.S. 156), 2012

Question 9

Which of the following is not one of the circumstances in which courts intervene in the correctional administrative process?

A) The statute or policy under which the prison administrator is acting is unconstitutional
B) The act of the prison administrator is outside the scope if his/her authority
C) The procedure used by the prison administrator in decisions affecting the status of a prisoner falls below minimum requirements of due process
D) The moral standards of society have shifted, requiring the judicial intervention in the administration process

Question 10

Under the __________ doctrine, a prison regulation that would impinge on prisoners' constitutional rights is nevertheless valid if it is reasonably related to the prison's legitimate interests.

A) Turner
B) Atkins
C) Cooper
D) Estelle

Question 11

The U.S. Constitution divides federal power among three branches of government: legislative, executive, and judicial.

Question 12

Originally, the Bill of Rights applied to both the federal and state governments.

Question 13

The practice of using past case law as the basis for current decisions is called stare decisis.

Question 14

All court structures include two types of courts: appellate courts and courts of last resort.

Question 15

Federal district courts are trial courts for federal criminal prosecutions and civil actions.

Question 16

Though the U.S. Supreme Court receives about 7,000-8,000 petitions each term, it only grants writs of certiorari to approximately 80.

Question 17

Parties may appeal on questions of fact, not questions of law.

Question 18

Until the 1960s, courts adopted a hands-off attitude toward prisons.

Question 19

Discuss the role administrative discretion in operating and running prisons.

Question 20

Describe all of the information included in the following citation:
Holt v. Hobbs, 574 U.S. 352 (2015).

Question 21

Discuss the structure of the federal court system, including the number of each type of court and the types of cases heard in each court.