Question 1

Parties to litigation are entitled, as a matter of right, to ________ appeal(s)  of their case by a higher court.

Accepted Answer

A)   0
B)   1
C)   2
D)   5
E)   UnlimitedF) C) and D)
G) C) and E)

Question 2

_____ is a court's power over the issues involved in the case.

Accepted Answer

A)   Power of attorney
B)   Judicial restraint
C)   Subject matter jurisdiction,
D)   Judicial activism
E)   Res judicataF) None of the above
G) A) and C)

Question 3

A petition for a _____ is a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court.

Accepted Answer

A)   writ of certiorari
B)   writ of mandamus
C)   writ of assistance
D)   writ of habeas corpus
E)   writ of possessionF) C) and E)
G) A) and E)

Question 4

How many Supreme Court justices does it take to vote for a writ of certiorari for it to be granted?

Accepted Answer

A)   Five
B)   Four
C)   One
D)   Nine
E)   EightF) B) and E)
G) A) and D)

Question 5

Which of the following is true of a trial by jury?

Accepted Answer

A)   Juries are used in all civil and criminal cases.
B)   Federal law does not specify the types of cases that can be tried by juries.
C)   The right of trial by jury is guaranteed in both criminal and civil cases.
D)   In most states, a jury's decision need not be unanimous, but must be based on a simple majority.
E)   Federal law specifies that juries for criminal cases must be made up of twelve jurors.F) A) and D)
G) B) and D)

Question 6

Which of the following is true of attorney-client communication?

Accepted Answer

A)   A lawyer may not testify against a client unless called to do so at a trial.
B)   Confidential attorney-client communication is privileged.
C)   A lawyer is obliged to reveal anything a client tells him that is material to the case.
D)   Attorney-client privilege does not extend to anyone other than the lawyer him or herself.
E)   Attorneys are obliged to reveal confessions of a client's guilt in criminal cases.F) C) and D)
G) All of the above

Question 7

A writ of certiorari is a request from the winner in a case to have the favorable judgment confirmed by a higher court.

Accepted Answer

A) True 
 B)False

Question 8

The results arrived at by juries of 6 and juries of 12 show quite discernable differences.

Accepted Answer

A) True 
 B)False

Question 9

A lawyer's first duty is:

Accepted Answer

A)   to his or her client.
B)   to make money.
C)   to defeat the opposing lawyer.
D)   to apply law to the facts.
E)   the administration of justice.F) A) and B)
G) A) and C)

Question 10

With regard to state court decisions, what is the extent of federal jurisdiction in these matters?

Accepted Answer

The federal district courts and courts o...

Question 11

Writs of certiorari are granted primarily in cases:

Accepted Answer

A)   where the value in controversy is more than $50 million.
B)   of significant presidential importance where sever political controversy could change an election.
C)   where there is an obvious conflict between two or more Courts of Appeal.
D)   where the judge in the original trial court has been removed from the bench for reasons of unethical conduct.
E)   where the attorneys on both sides of the case are well known to the justices.F) A) and B)
G) B) and E)

Question 12

Do you think it is a good or bad thing that the Supreme Court has become more divided? What benefits and problems do you see in this development, and what effect might it have on the average citizen?

Accepted Answer

Student answers should discuss the diffi...

Question 13

Federal question cases are those:

Accepted Answer

A)   that have the United States as a party.
B)   based on issues arising out of the U.S. Constitution.
C)   based on controversies among the states.
D)   based on certain suits between citizens of different states.
E)   cases between a citizen and a corporation.F) None of the above
G) A) and C)

Question 14

What is judicial review? How did it originate and what was the rationale for its existence?

Accepted Answer

Judicial review is the power of the fede...

Question 15

What is a writ of certiorari?

Accepted Answer

A)   The underlying principle of a case
B)   The process of finding out the facts of the case
C)   An oath administered to a witness requiring him to speak the truth
D)   A request for permission to file an appeal with the U.S. Supreme Court
E)   A plea wherein the defendant agrees not to contest the chargesF) B) and D)
G) All of the above

Question 16

In civil cases, the right to trial by a jury is preserved in suits at common law when the amount in controversy exceeds:

Accepted Answer

A)   $20.
B)   $2,500.
C)   $500.
D)   $175.
E)   There is no minimum amount.F) B) and D)
G) C) and D)

Question 17

The Citizens United decision was met with opposition from a number of individuals and groups concerned about:

Accepted Answer

A)   the influence of legislators in the judicial process.
B)   the influence of corporate money in political elections.
C)   the erosion of civil liberties.
D)   the influence of alcohol.
E)   the corruption of voter registration laws.F) A) and E)
G) A) and D)

Question 18

Ratio decidendi refers to:

Accepted Answer

A)   the underlying principle of the case.
B)   stare decisis.
C)   narrow-tailoring.
D)   justifying the amount of a verdict in relation to the injury.
E)   judicial activism.F) A) and B)
G) B) and E)

Question 19

_____ provides that judicial power be vested in the Supreme Court and such lower courts as Congress may create.

Accepted Answer

A)   The Sherman Act
B)   The First Amendment
C)   Article III of the Constitution
D)   The Fifth Amendment
E)   The Federal Arbitration ActF) B) and D)
G) C) and E)

Question 20

The government cannot ban political spending by corporations.

Accepted Answer

A) True 
 B)False

Exam 3: The Court System

_____ provides that judicial power be vested in the Supreme Court and such lower courts as Congress may create.

Correct AnswerverifiedShow Answer

Parties to litigation are entitled, as a matter of right, to ________ appeal(s) of their case by a higher court.

Correct AnswerverifiedShow Answer

Ratio decidendi refers to:

Correct AnswerverifiedShow Answer

A lawyer's first duty is:

Correct AnswerverifiedShow Answer

The Citizens United decision was met with opposition from a number of individuals and groups concerned about:

Correct AnswerverifiedShow Answer

A writ of certiorari is a request from the winner in a case to have the favorable judgment confirmed by a higher court.

Correct AnswerverifiedShow Answer

Federal question cases are those:

Correct AnswerverifiedShow Answer

What is judicial review? How did it originate and what was the rationale for its existence?

Correct AnswerverifiedJudicial review is the power of the fede...View AnswerShow Answer

Do you think it is a good or bad thing that the Supreme Court has become more divided? What benefits and problems do you see in this development, and what effect might it have on the average citizen?

Correct AnswerverifiedStudent answers should discuss the diffi...View AnswerShow Answer

How many Supreme Court justices does it take to vote for a writ of certiorari for it to be granted?

Correct AnswerverifiedShow Answer

What is a writ of certiorari?

Correct AnswerverifiedShow Answer

With regard to state court decisions, what is the extent of federal jurisdiction in these matters?

Correct AnswerverifiedThe federal district courts and courts o...View AnswerShow Answer

The government cannot ban political spending by corporations.

Correct AnswerverifiedShow Answer

_____ is a court's power over the issues involved in the case.

Correct AnswerverifiedShow Answer

Which of the following is true of attorney-client communication?

Correct AnswerverifiedShow Answer

A petition for a _____ is a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court.

Correct AnswerverifiedShow Answer

Which of the following is true of a trial by jury?

Correct AnswerverifiedShow Answer

Writs of certiorari are granted primarily in cases:

Correct AnswerverifiedShow Answer

In civil cases, the right to trial by a jury is preserved in suits at common law when the amount in controversy exceeds:

Correct AnswerverifiedShow Answer

The results arrived at by juries of 6 and juries of 12 show quite discernable differences.

Correct AnswerverifiedShow Answer

Correct Answer
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Judicial review is the power of the fede...
View Answer

Correct Answer
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Student answers should discuss the diffi...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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The federal district courts and courts o...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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