CHAPTER 7 – THE COURTS AND LEGAL PROFESSIONALS
Multiple Choice
1. The United States uses indigenous courts in:
A. Small towns
B. Rural areas
C. Metropolitan areas
D. Native American reservations
2. Whatever the reality of court operations in a society, most agree that a court should have
two basic characteristics to function properly:
A. Democracy and judicial impartiality
B. Judicial independence and judicial impartiality
C. Democracy and judicial independence
D. Democracy and no judicial independence
3. Which of the following is not one of the four general categories of legal professionals in
developed societies?
A. Adjudicators
B. Advocates
C. Assessors
D. Legal scholars
4. What is the most common method of judge selection?
A. Career choice path
B. Appointment
C. Election
D. Combination method
5. Which legal professional is akin to a paralegal in the United States, and are legally
trained individuals who work outside the courtroom to advise and instruct individuals
who have legal problems or needs, both civil and criminal?
A. Adjudicators
B. Advocates
C. Assessors
D. Legal advisors
6. Bureaucratically based systems are found in the countries that have:
A. Civil Law systems
B. Common Law systems
C. Sacred Law systems
D. Socialist Law systems
7. Which of the following countries displays the clearest example of a Politically Oriented
System?
A. Germany
B. France
C. Japan
D. United States
8. Which general type of court answers appeals from lower courts?
A. Courts of limited jurisdiction
B. Courts of general jurisdiction
C. Intermediate appeal
D. Courts of last resort
9. Which general type of courts are the major trial courts that have jurisdiction over any
cases involving criminal law and sometimes civil law?
A. Courts of limited jurisdiction
B. Courts of general jurisdiction
C. Intermediate appeal
D. Courts of last resort
10. What are the “courts of general jurisdiction for serious crimes in England,” called?
A. Crown courts
B. King’s courts
C. Magistrates courts
D. Supreme Court of the United Kingdom
A. Courts of Cassation
B. Courts of Appeal
C. Assize Courts
D. Tribunax d’ instance
12. Which of the following is not one of the three types of courts that exist in Germany’s
judicial system?
A. Ordinary courts
B. Specialized courts
C. Master courts
D. Constitutional courts
13. The presumption of innocence, the exclusionary rule, protections against self-
incrimination, the right to trial by jury and protection against being tried twice for the
same offense (double jeopardy) are absent in:
A. English criminal justice
B. French criminal justice
C. Chinese criminal justice
D. Germany criminal justice
14. The longest running and most permanent supranational court is the:
A. International Court of Justice
B. European Court of Human Rights
C. International Criminal Tribunal for Yugoslavia
D. International Criminal Tribunal for Rwanda
15. Which of the following countries supports the International Criminal Courts?
A. China
B. Japan
C. United States
D. Russia
Sentence Completion
1. A simple definition of a _________ is that it is an agency with power to settle disputes in
a society.
2. In societies where communal ties may be strong enough to enable disputes to be settled in
informal ways, ______________ courts have been formed.
3. __________________ is a principle that holds that courts and judges are bound to the law
and should make decisions without being under the influence, direct or indirect of other
governmental or political structures.
4. There are three primary methods for how judges are employed: _________________,
_________________ and ___________________.
5. ____________ are legal representatives, usually lawyers, who present the evidence and
make the arguments that allow adjudicators to make their decisions.
6. ________________ systems are based on non-rational factors such as appointment by
political leaders and election by the people.
7. ________________________ are courts that are authorized by law to hear the final
appeal on legal matters.
8. In England, there are two types of magistrates: ______________, who are attorneys by
trade and are paid by the state for their work and ____________, who are appointed to
serve as volunteer judges.
10. Courts of General Jurisdiction in Saudi Arabia are called _______________.
11. Courts of Limited Jurisdiction in Japan are called _______________.
12. __________________, also called grassroots committees, are one of the three informal
social control mechanisms implemented throughout China and the only one under the
control of the formal court system.
13. Saudi lawyers who practice in court must be __________ Muslims.
14. International ___________ are generally temporary bodies that are organized to judge
persons for their behavior during a specific time for a specific event.
15. __________ refers to fundamental norms that are recognized on the international level as
having status superior to other norms.
True/False
1. The need for considerable legal experience is not necessary in Civil Law countries or
Islamic Law countries, because judges are not asked to interpret law, but only to apply
the law.
2. The third method of judge selection involves citizen elections, and it is when individuals
decide on their own to become judges either during or immediately after legal training.
3. To assist nations around the world with the proper development of lawyers, the United
Nations has developed the UN principles on the role of lawyers.
4. Among our model systems, Germany, France and Japan display the greatest degree of
bureaucratic organization of the personnel of the justice system.
5. The distinction between political and bureaucratic arrangements is always clear cut.
6. In 2010, a major reform in the French courts occurred with the reform of the
Constitutional Council, which prior to that time did not hear cases, but only decided on
the constitutionality of laws at the request of government officials.
7. In Germany, the judicial system consists of three types of courts: ordinary, specialized
and constitutional.
8. Legal education in France and Germany are both a product of the legal culture and a
major influence on the development of the legal profession.
9. Judges in China are highly educated and receive extensive legal training.
10. Unlike Common Law countries, Chinese judges are unable to make law.
11. Japan has many quasi-lawyers, who perform the functions that in the United States would
be performed by lawyers, such as doing legal research, advising on tax problems and
dealing with inheritances.
12. In Saudi Arabia, The Board of Grievances, much like the French Council of State, hears
cases involving government rulings and actions including relations of foreign business to
the Saudi government.
be a judge.
14. The longest running and most permanent supranational court is the International Criminal
Court.
15. The European Court of Human Rights allows individuals, groups of individuals, or
nongovernmental organizations to bring complaints against a European state to a judicial
body after they have been denied relief in their national courts.
Short Answers
1. Discuss the importance of judicial independence and judicial impartiality.
2. Explain the three primary methods of how judges are employed.
3. Explain the four general types or levels of courts found in our model countries and for
each court give an example from our model countries.
4. Discuss the challenges facing the Supranational Courts.
Essays
1. Discuss the legal education and training for lawyers in our model countries.
2. Discuss the reasons that have been presented by the UN human rights expert in support of
the International Criminal Court. Also, discuss the opposition to the creation of such a
court.
3. Explain in detail the distinctions between the four categories of legal professionals in
developed societies.