The Courts

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Question 1
Free
Multiple Choice

Alexis de Tocqueville, an observer of nineteenth-century American society, indicated that Americans rely on courts

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A

to resolve political questions.

B

very rarely when compared to Europe.

C

only if there is no other alternative.

D

to resolve economic questions, but not political ones.

E

to provide a form of entertainment.

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Question 2
Free
Multiple Choice

In the United States

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A

the judiciary is not part of the political arena.

B

judges interpret the law becoming actors in the political arena.

C

judges work outside of the political system to resolve disputes.

D

judges are not policymakers when they interpret the law.

E

Options A and C are true.

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Question 3
Free
Multiple Choice

Most American law is based on

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A

French philosophy regarding the rights of man.

B

the Bible.

C

the English common law tradition.

D

Roman law.

E

the writings of Thomas Jefferson.

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Question 4
Free
Multiple Choice

The body of judge-made law is known as

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A

administrative regulations.

B

criminal law.

C

judicial maxims.

D

common law.

E

statutory law.

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Question 5
Free
Multiple Choice

A previous court decision that influences and is the basis for deciding later, similar cases is called

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A

a precedent.

B

criminal law.

C

a judicial maxim.

D

common law.

E

statutory law.

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Question 6
Multiple Choice

The doctrine of stare decisis

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A
means to reverse the decision of a lower court.
B
says that the court does not have jurisdiction in a case.
C
allows the court to refer a case to the next highest court.
D
is the policy of following precedent established by past decisions to decide cases.
E
means strict interpretation.
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Question 7
Multiple Choice

Most court cases are decided on precedent because

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A
it is important to set a uniform common set of rules for the country.
B
judges would rather play it safe and reuse old decisions.
C
it is easier for recording-keeping purposes.
D
the established body of judge-made law covers all cases that might come up.
E
Options B and C are true.
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Question 8
Multiple Choice

Sources of American law include all of the following except

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A
the U.S. Constitution and state constitutions.
B
case law.
C
statutes passed by legislatures.
D
administrative regulations.
E
the charter of the United Nations.
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Question 9
Multiple Choice

The United States Constitution

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A
is the supreme law of the land.
B
is subordinate to State Constitutions in many matters.
C
does not specify the details of state and federal powers, instead leaving that up to Congress.
D
outlines the details of various state criminal codes.
E
outlines the details of court case law.
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Question 10
Multiple Choice

Case law

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A
plays a minor role in decisions made by the courts.
B
includes judicial interpretations of common law principles and doctrines.
C
includes interpretations of constitutional provisions, statues, and administrative agency.
D
rules are determined by the president and Congress.
E
Options B and C are true.
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Question 11
Multiple Choice

The United States has a dual court system, meaning there are

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A
civil courts and criminal courts.
B
misdemeanor and felony courts.
C
state and federal courts.
D
state and local courts.
E
district courts and territorial courts.
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Question 12
Multiple Choice

Which of the following are important requirements that must be met before a case can be brought to court?

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A
Issues must be political questions.
B
Jurisdiction and standing to sue
C
Precedents and stare decisis
D
Judicial maxims
E
Requirements for legislation
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Question 13
Multiple Choice

Jurisdiction refers to

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A
rules and principles announced in court decisions.
B
the authority of a court to hear and decide a particular class of cases.
C
the constitutionality of a law.
D
statutory law.
E
the common law.
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Question 14
Multiple Choice

Sharia law applied to mediation and arbitration in a divorce within the Muslim community

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A
is supreme over state laws if both parties agree.
B
is supreme over the Constitution if both parties agree.
C
is reviewed by a court to determine if the decision is not grossly unfair or undermines public policy.
D
can be applied if one party agrees and the other disagrees.
E
All of the above are true.
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Question 15
Multiple Choice

Diversity of citizenship

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A
is when a citizen holds dual citizenships and must choose one.
B
exists when the parties to a lawsuit are from different states.
C
exists when the parties to a lawsuit are from different countries.
D
None of the above is true.
E
Options B and C are true.
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Question 16
Multiple Choice

A question that has to do with the U.S. Constitution, acts of Congress, or treaties is known as a __________ question.

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A
justiciable
B
political
C
federal
D
national
E
legal
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Question 17
Multiple Choice

Standing to sue is

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A
determined by whether or not a court has jurisdiction over the matter.
B
determined by whether or not the Supreme Court will hear a case.
C
determined by whether or not a person or group has suffered harm as a result of the action that led to the dispute in question.
D
the decorum that is expected in dealing with the Supreme Court during trial.
E
also known as stare decisis.
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Question 18
Multiple Choice

Which of the following is true?

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A
Most lawsuits are heard in state rather than federal courts.
B
Most lawsuits are heard in federal rather than state courts.
C
All cases heard in state court may be appealed to federal courts.
D
Cases heard in state court may be appealed to federal court if they case involves a federal question.
E
Options A and D are true.
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Question 19
Multiple Choice

To engage in legal proceedings or seek relief in a court of law is to

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A
negotiate.
B
submit a brief of amicus curiae.
C
litigate.
D
exercise judicial review.
E
exercise jurisdiction.
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Question 20
Multiple Choice

Interest groups play an important role in our judicial system because

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A
they have the opportunity to veto judicial nominations.
B
they help to fund the judicial review board.
C
Madison stipulated their role in Federalist #10.
D
they bring to trial cases of discrimination, civil liberties cases, and more than a third of cases involving business matters.
E
they frequently are defendants in class-action suits.
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