1. A basic purpose of the American legal system is to:
a. remove power from the government.
b. develop a living law.
c. ensure fairness in balancing individual and societal rights and needs.
d. create a system that, while not perfect, is the best in the world.
2. The concept that courts will continue to rely on prior cases to ensure consistency in the law is called:
a. original jurisprudence. b. lex talionis
c. stare decisis. d. venue.
3. The place where a specific case may come to trial and the area from which the jury is selected is known as:
a. voir dire b. jurisdiction
c. district d. venue
4. Those who are not party to a legal action but who still have an interest in the case may:
a. subpoena the judge to have their testimony heard.
b. file a writ of certiorari with the court and enter
themselves
as a “hostile” witness.
c. submit an amicus brief arguing their perspective, although such briefs are considered only at the pleasure of
the court.
d. not do anything—only those who are directly party to the legal action may address the court.
5. States’ penal codes contain:
a. Civil laws b. Criminal laws
c. Codified laws d. common law
6. The standard of proof required in a civil case is:
a. more stringent than that required in a criminal case.
b. the same as that required in a criminal case.
c. a preponderance of the evidence.
d. proof beyond a reasonable doubt.
7. Marx regarded punishment as a way to:
a. provide social solidarity.
b. control the lower class.
c. limit the power and influence of the upper class.
d. exact revenge.
8. Law does all of the following, except that it does not:
a. respond to the perceived needs of the society it serves.
b. define unacceptable behavior.
c. establish consequences for unlawful behavior.
d. provide justice for all.
9. Common law was:
a. that which applied to the common people, not to those in the upper echelon of society.
b. set forth in well-documented codes.
c. established by early English and Roman rulers.
d. based on customs and traditions followed throughout England.
10. American law is considered a living law because:
a. it can change as society changes.
b. it can never be rescinded or cancelled.
c. once a law is passed, it stands forever.
d. there are no constraints on its application or interpretation.
11. The number of U.S. Courts of Appeals in the federal court system is:
a. 4 b. 12
c. 52 d. 94
12. The Constitution ensures individual liberty by:
a. limiting government power.
b. giving the government enough power to protect the innocent.
c. giving individuals the freedom to decide.
d. restricting the authority of state governments to enforce the law.
13. Statutory law can also be referred to as:
a. case law b. codified law
c. common law d. canonized law
14. Which of the following is not an officer of the court?
a. Sheriff b. Judge
c. Lawyers d. Plaintiff
15. Since the ratification of the Bill of Rights more than 7,000 amendments have been proposed in Congress. Of
those, the number that have been successfully ratified is:
a. 53 b. 115
c. 700 d. 17
16. The following statements are true about both torts and crimes, except:
a. Both could result from the same single act.
b. Both differ by who is considered the victim.
c. Both must be heard separately by the court(s).
d. Both are subject to the same standard of proof in court.
17. To bring a case or to argue a legal issue in court, one must have an actual interest in the matter of dispute, which is
called:
a. standing b. ripeness
c. mootness d. jurisdiction
18. The two main functions of the courts are to:
a. determine guilt or innocence and interpret laws
b. settle controversies and review cases for legal improprieties.
c. settle controversies and decide the rules of law that apply in the case.
d. determine guilt or innocence and apply appropriate sanctions.
19. The scales of justice represent:
a. keeping individual and societal needs in balance.
b. the struggle for power between good and evil.
c. the two sides of prosecution and defense.
d. the weighing the evidence of guilt or innocence.
20. Conduct prohibited by law simply because the person engaging in the behavior is a minor is considered a/an:
a. Delinquent act b. Status offense
c. Infraction d. Youthful offense
21. When a court decision would have no practical effect, a case is apt to be dismissed for:
a. standing b. ripeness
c. mootness d. jurisdiction
22. Which of the following is not one of the three levels of court function in both state and federal courts?
a. trial courts b. appellate courts
c. circuit courts d. courts of last resort
23. Which of the following is not true of the adversarial judicial system?
a. only actual conflicts will be heard by a court.
b. “what if”
questions
will not be heard.
c. sides are drawn-accuser vs. accused-with one side challenged by the other.
d. the accused has the burden of proof.
24. For an amendment to the U.S. Constitution to be ratified, the number of state legislatures or special conventions
which must agree is:
a. one–fourth b. one–half
c. two–thirds d. three-fourths
25. The juvenile justice system is comprised of the following components:
a. intervention, courts, and rehabilitation
b. law enforcement, courts, and corrections
c. intervention, adjudication, and punishment
d. law enforcement, counseling, and rehabilitation
26. The vast majority of cases heard in U.S. District Courts are:.
a. criminal cases b. civil cases
c. drug cases d. homeland security cases
27. A case with the caption United States v. Smith is most likely a:
a. criminal case b. civil case
c. class action suit d. federal appeal
28. In a civil case, the party bringing suit is represented by:
a. the prosecutor b. a
plaintiff’s
lawyer
c. a defense attorney d. the public
defender’s
office
29. The philosophy which is based on free, independent individuals agreeing to form a society and to give up a portion
of their individual freedom to benefit the security of the group is generally known as:
a. a social contract b. communal well-being
c. the federalist philosophy d. natural law
30. Simply put, a law is:
a. that which those in power deem to be right and just.
b. a rule with the power of government behind it.
c. a matter of interpretation, being different things to different people.
d. the way a society is defined.
31. The U.S. Supreme Court’s chief function is as an appellate court.
a. True
b. False
32. The doctrine of stare decisis firmly prevents the law from changing or reconsidering itself in matters in which
undesirable law resulted.
a. True
b. False
33. Each state has its own federal circuit court of appeals.
a. True
b. False
34. State supreme courts derive their power from the United States Constitution.
a. True
b. False
35. Case law is promulgated by legislatures or governing bodies.
a. True
b. False
36. A significant influence on the development of the American legal system was the system of common law that
evolved in England during the Middle Ages.
a. True
b. False
37. The Durkheimian perspective saw punishment as revenge and a means to restore and solidify the social order.
a. True
b. False
38. Regardless of the level of jurisdiction, a statutory law may not violate the Constitution.
a. True
b. False
39. An act must be distinguished as either a crime or a tort; it cannot be both.
a. True
b. False
40. Clerks of court are responsible for keeping the courtroom proceedings orderly and dignified.
a. True
b. False
41. Overrepresentation of racial and ethnic minorities in arrest, prosecution, imprisonment and capital punishment as
both the product of inequality and an expression of prejudice against minorities may be explained by
theory.
42. As a term in American law, common law is synonymous with law.
43. Stare decisis is a common law doctrine requiring that set in one case shall be followed in all cases
having the same or similar circumstances.
44. Local jurisdictions, such as at the county or municipal level, may enact their own specific codes, often referred to
as .
45. Courts with general jurisdiction may hear a wide range of cases, whereas those of
jurisdiction hear a much narrower range of cases.
46. Those who law create it.
47. describes the authority of a court to hear cases first, try them and render decisions.
48. The doctrine prevents the court from getting prematurely involved in a case that may
eventually be resolved through other means.
49. describes the authority of a court to review cases and to either affirm or reverse the
actions of a lower court.
50. The court of last resort in most federal cases is the .
51. Discuss in detail the similarities and differences between the consensus theory and conflict theory.
52. Explain the difference between a crime and a tort.
53. Explain the basic purpose of the American legal system and why American law is said to be a living law.
54. Discuss how the Constitution ensures individual liberty.
55. Contrast the criminal and juvenile justice systems.
56. A legal opinion contains a statement of the legal issues presented, but not the relevant rules of law.
a. True
b. False
57. If a court remands a case, it is
a. supporting the lower court‘s opinion.
b. overturning the opinion.
c. returning the case to the lower court.
d. dissenting with the majority.
58. A case brief does not include any dissenting opinions.
a. True
b. False
59. Determining if a case has been overturned or expanded on is done by:
a. reading the dicta of the original case.
b. visiting the courthouse of the original case.
c. contacting the attorneys of record.
d. using the most recent copy of Shepard‘s citations.
60. A paradigm is a boundary or parameter that outlines a rule is based on experience.
a. True
b. False
61. Legal positivists suggest people should not create law in conflict with the natural order.
a. True
b. False
62. Consensus theory is based on a philosophy proposed by French historian-philosopher, Montesquieu.
a. True
b. False
63. The two prominent theories about the underlying purpose of law are consensus theory and
a. social contract.
b. conflict theory.
c. positivism.
d. crime control.
64. The two competing models often identified when discussing the purpose of the criminal justice process include crime
control and
a. stare decisis.
b. conflict theory.
c. the supremacy clause.
d. due process.
65. There are two schools of thought regarding the purpose of the criminal justice system, one advocating the crime
control model and another at the due process model. How do they differ? Which one do you prefer? Why?
66. The basic purpose of the United States legal system is to ensure fairness in balancing individual and societal needs
while the same time preventing excessive government power. Some people think it’s become too complicated
balancing these interests and justice has been compromised. What do you think? Please explain your view on this
giving at least two examples that support your view.
67. means to make law through a legal process.
68. The , written in the fifth century B.C., distinguished public and private laws and influenced legal
thought throughout the Middle Ages.
69. Early English judge-made law, based on customs and traditions that will follow throughout the country, is known as
____________.
70. To avoid relying on a case that has been overturned or otherwise rendered invalid, attorneys and paralegals use a
reference technique known as _________________.
71. Courts that may hear a wide range of cases have jurisdiction.
72. A court that is authorized to hear cases first, try them, and render decisions is known as a court of
a. primary jurisdiction.
b. original jurisdiction.
c. appellate jurisdiction.
d. exclusive jurisdiction.
73. A geographic area in which a case may be heard is known as
a. venue.
b. concurrent jurisdiction.
c. original jurisdiction.
d. general jurisdiction.
74. The adult criminal justice system emphasizes punishment, while the juvenile justice system emphasizes rehabilitation
of the offender. Do you think the rehabilitative emphasis of the juvenile justice system is still valid today? Explain
your answer.
75. In our American adversarial judicial system, attorneys represent both the suspect and the people. Frequently,
defense attorneys are asked, “how can you defend someone accused of such a horrible crime?” Assume that you
are defense attorney and need to answer this question. How would you answer it?