Exam 10: The American Legal System and the Courts

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A strong answer must mention the distric...

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A) All federal judges are appointed, and all state judges are elected.
B) Most cases are heard in the state courts.
C) The state supreme courts have final say when a case includes a federal question.
D) Cases often begin in the federal system but are sent to the state courts on appeal.
E) In most states, the supreme court is the only court with appellate jurisdiction.

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A) panels composed of four circuit judges and one Supreme Court justice
B) a single judge
C) rotating panels of three judges
D) a panel of nine judges, just like on the Supreme Court
E) federal grand juries

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A) review
B) mandate
C) supremacy
D) authority
E) invalidation

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The judge in the common-law court is a n...

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A) how its members are chosen
B) by contributing to the campaigns of congressional allies
C) how members choose which cases to hear
D) how members make decisions
E) through the effects of its decisions

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A) practice of allowing presidential appointees to serve up to one year without Senate approval
B) tradition of granting senators considerable power over federal judicial appointments in their home states
C) common-law practice of senators not asking questions of presidential appointees to the federal courts but approving them on the basis of their records
D) tradition of opposing no more than two appointments per term
E) willingness to allow presidents to make all judicial appointments from within their political parties

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A) If the minority party is not the party of the president, it has little power to influence the success of nominations.
B) The largest role in the process is played by the Judiciary Committee.
C) If the majority party is not the party of the president, the nomination can turn into an intense battle.
D) The nomination process has become much more contentious since ideology has come to play an important role in choosing nominees.
E) Interest groups can heighten the conflict over a nomination.

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Judicial activism is the view that the c...

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A) contract obligations
B) civil laws
C) resolutions
D) deeds

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A) a brief filed by interested parties to encourage the court to make a certain decision
B) a petition by the losing side in a lower court for the Supreme Court to hear an appeal
C) an order that a defendant be brought into court to hear the charges against him or her
D) an order by the Supreme Court to a lower court to rehear a case
E) a ruling in a criminal appeal that overturns a conviction

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A) an infraction
B) a felony
C) a crime
D) a tort
E) a misdemeanor

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A) It is litigious.
B) It relies on stare decisis.
C) It is adversarial.
D) It is based on a common-law tradition.
E) It focuses on procedural due process more than on substantive outcomes.

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A) there are no trials
B) the judge plays a relatively minor role
C) the trial is of minor importance
D) the truth is not as important as the skill of the attorneys
E) the attorneys play relatively minor roles

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A) a mandatory seatbelt law
B) the right to appeal a criminal conviction
C) the Clean Air Act
D) the National Health Care Act
E) a law regulating campaign finance

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