Question 1

What did the framers call the "least dangerous branch" of American government?
A)Congress
B)the Supreme Court
C)the president
D)the bureaucracy

Accepted Answer

The framers of the Constitution referred to the Supreme Court as the "least dangerous branch" because they have the power of judicial review and can strike down laws and actions that are unconstitutional, but they do not have the power of enforcement like the executive branch or the power of the purse like Congress. Therefore, they are less likely to be able to abuse their power and are considered the least threatening to democracy.

Question 2

In what type of law is the government always the plaintiff?
A)Public
B)Criminal
C)common
D)tort

Accepted Answer

In criminal law, the government always acts as the plaintiff or prosecutor. Criminal cases involve the violation of laws that are set by the government, and the government brings charges against defendants who have allegedly committed crimes. This is different from civil law, where two private parties may be in a legal dispute and one party sues the other. Public law refers to the relationship between individuals and the government, but not necessarily in the context of criminal cases. Common law and tort law also encompass civil disputes, not criminal cases.

Question 3

If a defendant is charged with burglary,but admits to a lesser charge of trespassing in
Exchange for the prosecution dismissing the burglary charge and forgoing the criminal trial,
It is an example of
A)a plea bargain.
B)a quid pro quo.
C)a pro bono settlement.
D)an amicus curiae.

Accepted Answer

This scenario describes a plea bargain, where the defendant agrees to plead guilty to a lesser charge in exchange for dismissing the original, more serious charge and avoiding a trial.

Question 4

The Administrative Procedure Act is important in civil law because it
A)governs agency rule making.
B)defines the jurisdiction of the various state court systems.
C)sets the procedures for filing appellate cases in the federal court system.
D)sets the procedures for filing appellate cases in the various state court systems.

Accepted Answer

The Administrative Procedure Act (APA) governs agency rule making, which includes the processes by which agencies create, change, or repeal rules that have the force of law. This is an important aspect of civil law, as agencies often play a significant role in regulating various industries and activities, and their rules can have a large impact on businesses and individuals. Thus, the APA helps ensure that agencies follow a consistent and transparent process for creating rules, which can help promote fairness and accountability. While the APA may indirectly affect the jurisdiction and appellate procedures of state and federal courts, its primary focus is on agency rule making.

Question 5

Medical malpractice suits are good examples of ________ cases.
A)tort
B)amicus curiae
C)habeas corpus
D)stare decisis

Accepted Answer

Medical malpractice suits fall under the category of torts, which are civil wrongs that result in harm or injury to another individual and can be litigated through a lawsuit. The other options (B, C, and D) are not relevant to medical malpractice cases.

Question 6

A writ of habeas corpus declares that
A)the government must show a legal cause for holding someone in detention.
B)the government cannot send a defendant to stand trial in a geographically distant jurisdiction.
C)a defendant in a felony trial must receive assistance from legal counsel.
D)capital punishment can be neither cruel nor unusual.

Accepted Answer

A writ of habeas corpus is a legal action that requires a person who is being detained or imprisoned to be brought before a court or judge. The purpose of this writ is to ensure that the government has a legal cause or justification for holding the individual in custody. This is a fundamental right in many countries with legal systems based on the principles of individual liberty and protection against arbitrary detention by the state. Choices B, C, and D are not accurate definitions of habeas corpus.

Question 7

Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake
A)must always be heard in federal district court.
B)must always be heard in a state court.
C)must always be heard in the U.S.Supreme Court.
D)may be heard in either the federal or the state courts,usually depending on the preference of the plaintiff.

Accepted Answer

Civil cases involving citizens of more than one state and in which more than $75,000 is at stake fall under the jurisdiction of the federal courts, but the plaintiff may choose to file the case in either federal or state courts. Usually, plaintiffs choose the court that they believe will serve their interests best.

Question 8

Prior cases whose principles are used by judges to decide current cases are called
A)public law.
B)en banc decisions.
C)precedents.
D)ex post facto cases.

Accepted Answer

Precedents are cases whose principles are used by judges to decide current cases. Public law refers to the area of law that deals with government and its relationship with individuals and businesses, en banc decisions are rulings made by a larger panel of judges within an appellate court, and ex post facto cases involve retroactively punishing someone for an act that was not illegal at the time it was committed.

Question 9

When O.J.Simpson faced a criminal trial in Los Angeles for two counts of murder,
The plaintiff(s)
A)were the victims of the crime,Nicole Brown Simpson and Ron Goldman.
B)was the state of California.
C)was the Los Angeles Police Department.
D)was Los Angeles County.

Accepted Answer

The plaintiff in the criminal trial against O.J. Simpson was the state of California, represented by the prosecution team led by Marcia Clark and Christopher Darden. The state of California brought charges against Simpson for the two counts of murder, rather than the victims' families or the Los Angeles police department.

Question 10

________ and ________ are the two MOST common types of civil law cases.
A)Contracts; habeas corpus
B)Contracts; torts
C)Stare decisis; habeas corpus
D)Torts; habeas corpus

Accepted Answer

Contracts and torts are the two most common types of civil law cases. Contracts deal with disputes over agreements between parties, while torts involve harm caused by one party to another. Habeas corpus and stare decisis are legal principles, not types of civil law cases.

Question 11

In ________ cases,the losers cannot be fined or incarcerated by the state.
A)appellate
B)criminal law
C)civil law
D)common law

Accepted Answer

Civil law cases are disputes between individuals or organizations, and the loser cannot be fined or incarcerated by the state. In criminal law cases, the state prosecutes the defendant, and if found guilty, they can be fined or incarcerated. Appellate courts and common law refer to the legal system and do not determine the specific consequences for losing a case.

Question 12

________ occurs when a criminal case is resolved through a negotiated agreement before a
Full trial is completed.
A)A misdemeanor
B)A plea bargain
C)A writ of certiorari
D)Mediation

Accepted Answer

A plea bargain is a negotiated agreement between the prosecution and the defense in which the defendant agrees to plead guilty or no contest to certain charges in exchange for a reduction in charges, a lighter sentence, or other concessions. This process allows for the resolution of a criminal case without the need for a full trial to be completed.

Question 13

Cases in which the U.S.government is a party are
A)always heard in a state court.
B)heard in a state court only if a state government is the other party.
C)heard in a state court if the other party files a special request to have the case heard
In a state court.
D)always heard in a federal court.

Accepted Answer

Cases in which the U.S. government is a party are always heard in a federal court. This is because the federal government is a sovereign entity and has its own court system.

Question 14

If a defendant is found not guilty in a criminal case,the government is
A)not entitled to appeal the verdict.
B)entitled to appeal the verdict only if it files a writ of habeas corpus.
C)entitled to appeal the verdict only if it files an amicus curiae brief.
D)entitled to appeal the verdict only if the case raises an important constitutional question.

Accepted Answer

When a defendant is found not guilty in a criminal case, the government cannot appeal the verdict due to the Double Jeopardy Clause of the Fifth Amendment, which prohibits a person from being tried twice for the same offense.

Question 15

The doctrine of ________ requires courts to follow authoritative prior decisions when ruling
On a case.
A)stare decisis
B)habeas corpus
C)ex post facto
D)a priori

Accepted Answer

Stare decisis is a legal principle that requires courts to follow the decisions of previous cases with similar facts and legal issues. It allows for consistency and predictability in the legal system. Choices B, C, and D are unrelated to this principle.

Question 16

The first court to hear a criminal case involving a violation of state law is called a(n)
________ court.
A)supreme
B)trial
C)advisory
D)appellate

Accepted Answer

Trial courts are the first courts to hear criminal cases involving a violation of state law, where evidence is presented, witnesses testify, and a verdict is reached. Supreme courts are the highest appellate courts in the state, advisory courts do not decide cases but provide non-binding opinions, and appellate courts review decisions made by lower courts.

Question 17

More than ________ percent of all cases in the United States are heard in state courts.
A)33
B)50
C)68
D)97

Accepted Answer

More than 97 percent of all cases in the United States are heard in state courts, reflecting the broad jurisdiction and authority these courts have over civil and criminal cases.

Question 18

Appeals courts
A)are the first courts to hear cases involving a violation of federal law.
B)are the first courts to hear cases involving a violation of state law.
C)hear new witnesses and examine additional evidence before reaching their decisions.
D)do not hear witnesses or examine additional evidence before reaching their decisions.

Accepted Answer

Appeals courts do not hear witnesses or examine additional evidence before reaching their decisions. They review the decisions and records of lower courts to ensure that legal procedures and rulings were followed correctly.

Question 19

Which of the following cases would always be heard in federal court?
A)a case related to a drunk-driving accident
B)a case involving the citizens of more than one state and in which $150,000 is at stake
C)a case related to an accusation of sexual harassment in the workplace
D)a case involving the state of New York suing the state of New Hampshire over state highway maintenance

Accepted Answer

Cases involving disputes between states, such as one state suing another, fall under the original jurisdiction of the U.S. Supreme Court, making them always heard in federal court.

Question 20

In a typical tort case,
A)the defendant is not allowed to appeal the verdict if he or she loses.
B)the plaintiff is not allowed to appeal the verdict if he or she loses.
C)the government immediately appeals the verdict if it loses.
D)one individual charges that he or she has been injured by another's negligence or malfeasance.

Accepted Answer

In a typical tort case, one individual (the plaintiff) charges that he or she has been injured by another's negligence or malfeasance (the defendant). Both parties have the right to appeal the verdict if they lose. The government is not typically involved unless there is a criminal aspect to the case.

Quiz 12: The Federal Courts

What did the framers call the "least dangerous branch" of American government?

In what type of law is the government always the plaintiff?

If a defendant is charged with burglary,but admits to a lesser charge of trespassing in Exchange for the prosecution dismissing the burglary charge and forgoing the criminal trial, It is an example of

The Administrative Procedure Act is important in civil law because it

Medical malpractice suits are good examples of ________ cases.

A writ of habeas corpus declares that

Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake

Prior cases whose principles are used by judges to decide current cases are called

When O.J.Simpson faced a criminal trial in Los Angeles for two counts of murder, The plaintiff(s)

and are the two MOST common types of civil law cases.

In ________ cases,the losers cannot be fined or incarcerated by the state.

________ occurs when a criminal case is resolved through a negotiated agreement before a Full trial is completed.

Cases in which the U.S.government is a party are

If a defendant is found not guilty in a criminal case,the government is

The doctrine of ________ requires courts to follow authoritative prior decisions when ruling On a case.

The first court to hear a criminal case involving a violation of state law is called a(n) ________ court.

More than ________ percent of all cases in the United States are heard in state courts.

Appeals courts

Which of the following cases would always be heard in federal court?

In a typical tort case,