Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Chapter 1: The Rule of Law
Test Bank
Multiple Choice
1. An unsigned opinion of the court is called a(n) ______.
a. per curiam opinion
b. memorandum opinion
c. en banc opinion
d. majority opinion
e. none of these
2. Courts of appeal ______.
a. find facts
b. establish precedent
c. are called district courts in the federal court system
d. are generally the first courts to hear a dispute
e. none of these
3. Select the proper legal citation for a case decided on May 22, 2009, by the
District of Columbia Circuit of the U.S. Court of Appeals and published starting on
page 1,095 of volume 566 of the Third Series of the official Federal Reporter.
a. 566 F.3d 1095 (2009)
b. 1095 F.3d 566 (2009)
c. 566 F.3d 1095 (9th 2009)
d. 566 F.3d 1095 (D.C. Cir. 2009)
e. none of these
4. Aristotle believed the law should achieve a just balance between ______.
a. personal and communal interests
b. economic and political interests
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
c. corporations and individuals
d. punishment and reward
e. costs and benefits
5. Laws are well tailored when they ______.
a. are not vague or overbroad
b. do not limit the discretion of government officials
c. are imprecise
d. use legal jargon
e. infringe unduly on the rights of the people
6. Statutes may be enacted by legislatures ______.
a. at the federal level only
b. at the federal, state, or local level
c. at the federal and state levels only
d. only by executive order
e. only in times of war
7. Common law ______.
a. is a form of black-letter law
b. is unconstitutional
c. does not apply to government officials
d. is judge-made law
e. all of these
8. Among the three branches of government, the executive branch is ______.
a. supreme
b. primarily symbolic
c. co-equal
d. empowered to enact laws
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
e. delegated authority to adjudicate disputes
9. Of the amendments proposed to the U.S. Constitution, ______.
a. few have been approved or ratified
b. most have been approved and ratified
c. most have been approved but few have been ratified
d. only 10 amendments contained in the Bill of Rights have been approved and
ratified
e. none of these
10. Stare decisis means ______.
a. look firmly at the text
b. let the decision stand
c. decisions should be based on facial readings of laws
d. look at 10 choices before deciding
e. none of these
11. To achieve the desired goals of the rule of law, laws should be ______.
a. general and non-discriminatory
b. widely known and disseminated
c. forward-looking
d. relatively stable
e. all of these
12. An overbroad law is ______.
a. presumptively constitutional
b. imprecise and punishes more protected activity than necessary
c. imprecise and targets specific content
d. an effective remedy to specified harms
13. The U.S. Supreme Court established the power of courts to interpret laws in
its decision in ______.
a. Marbury v. Madison
b. Powell v. McCormack
c. Miami Herald v. Tornillo
d. Texas v. Johnson
14. Executive orders represent ______.
a. a clear violation of the separation of powers
b. a constitutionally delegated power of the executive branch
c. a power of the executive branch often targeted by political opponents
d. none of these
15. Forum shopping allows plaintiffs to ______.
a. pay jurors to rule in their favor
b. choose the court in which their case will be heard
c. pay for the best legal advice available
d. have their cases decided online
16. Federal trial courts ______.
a. never use juries
b. provide only advisory rulings
c. determine the meaning of the Constitution
d. are called district courts
17. En banc decisions of federal appeals courts ______.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
a. are unusual
b. hold the same weight as decisions of the U.S. Supreme Court
c. are unsigned, speedy decisions with limited legal effect
d. return a case to the lower court
18. En banc decisions of federal appeals courts ______.
a. must be unanimous to establish precedent
b. must follow the decision of the majority of federal appeals courts hearing the
same question
c. generally rehear decisions made by a three-member panel of the same court
d. establish binding precedent for all federal appeals courts
19. The political ideology of a president who nominates a Supreme Court justice
______.
a. is never part of the non-partisan nomination process
b. clearly predicts the voting pattern of the justice once seated on the Court
c. relates loosely to the voting pattern of the justice once seated on the Court
d. is completely counterbalanced by the Senate confirmation process
20. The U.S. Constitution is ______.
a. the supreme law of the United States and is difficult to amend
b. the supreme law of the United States and is easy to modify
c. co-equal to the state constitutions
d. the law that governs Washington, D.C., and the U.S. territories
21. The term jurisprudence best describes ______.
a. the extreme modesty and privacy seeking of Supreme Court justices
b. the focus of U.S. law on issues of profanity, obscenity, and sex
c. the idea that the law is blind
d. the theory or logic of legal decision-making
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
22. Out-of-court settlements in civil suits and plea bargains in criminal
proceedings ______.
a. require lengthy trials to determine the proper punishment
b. increase the public transparency of court processes
c. resolve the vast majority of U.S. trials
d. determine the outcome of very rare, clear-cut cases
23. The legal citation McConnell v. Federal Election Commission, 540 U.S. 93
(2003), refers to ______.
a. a federal appeals court decision ruling against the Federal Election
Commission
b. a federal appeals court decision ruling against McConnell
c. a Supreme Court decision in an appeal brought by McConnell
d. a Supreme Court decision in an appeal brought by the Federal Election
Commission
24. FIRAC stands for ______.
a. Facts, Issues, Rule of Law, Analysis, and Conclusion
b. Findings, Interpretation, Right Answer, Application, and Criticism
c. Findings, Instructions, Rule of Law, Authority, and Criticism
d. Find Issue Right Away Correctly
25. In Citizens United v. Federal Elections Commission, ______.
a. a unanimous Supreme Court affirmed restrictions on campaign financing and
reinforced the power of precedent
b. a divided Supreme Court voted according to different understandings of the
original intent of the First Amendment to affirm restrictions on campaign finance
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
c. a divided Supreme Court struck down some restrictions on campaign finance
in a decision that presented different understandings of the application of
precedent
d. a divided Supreme Court affirmed restrictions on campaign finance without
comment
1. Journalists cited with contempt of court need not obey the court order because
such orders violate the First Amendment.
2. Aristotle said laws are a human invention intended to curb human
shortcomings and increase universal well-being.
3. The common law is judge-made law guided by the principles established in
precedent cases.
4. All U.S. law is black-letter law to assure that citizens will know their rights and
responsibilities.
5. The principle of federalism places sovereignty in the federal government.
6. There are three methods to amend the U.S. Constitution.
7. Statutory construction is the term used to describe how legislatures draft and
adopt laws.
8. Equity law empowers judges to provide fair remedies and relief to a variety of
harms.
9. Stare decisis describes the doctrine that courts should follow precedents
established by higher courts.
10. Courts show deference to administrative agency rulings because the
agencies are vested with expertise in their areas of jurisdiction.
11. Judicial review is often criticized as a primary source of judicial activism.
12. Historical documents make clear the framers’ original intent for the
Constitution.
13. Every court has a specific geographic or topical area of jurisdiction.
14. Forum shopping reflects litigants’ understanding that, given the same set of
facts, different courts may reach different results.
15. Courts of appeal are fact-finding courts.
16. A dissenting opinion is written by the majority of the court and overturns a
lower court ruling.
17. In order for a case to be heard by the U.S. Supreme Court, a majority of the
justices must vote to grant a writ of certiorari.
18. By denying a writ of certiorari, the U.S. Supreme Court is sending the
message that it disagrees with the lower court’s decision in the case.
19. Grand juries sometimes are called to review evidence and decide whether
criminal charges should be filed against a suspect.
20. Voir dire is one of the several methods trial courts use in attempting to seat
an unbiased jury.
21. Journalists cited with contempt cannot be jailed.
22. The common law is recorded in the Common Register of the Law.
23. All federal law is subject to review by the U.S. Supreme Court.
24. Federalism is the legal principle that gives sovereignty to the states.
25. There are three methods to amend the U.S. Constitution.
26. The doctrine of stare decisis means lower courts should follow the
precedents established by higher courts.
27. A per curiam opinion of the U.S. Supreme Court is decided by only one
justice but is the binding opinion of the entire court.
28. City and county councils have the power to enact statutes.
29. When federal administrative agencies give meaning to laws, they engage in
statutory construction.
30. Equity law interprets and applies the U.S. Constitution.
Essay
1. Name three sources of U.S. law and explain briefly how they are created.
2. Describe two things that occur in the process of a trial before the trial starts.
3. Define concurring and dissenting U.S. Supreme Court opinions and describe
their role.
4. Controversy has surrounded the courts’ power of judicial review since its
establishment in 1803 in Marbury v. Madison. Briefly discuss two reasons why
critics believe judicial review is a problem.
5. Explain stare decisis and clearly describe its role in the U.S. judicial system.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
6. Define the rule of law and discuss two reasons why its global (universal)
application is controversial.