Chapter 13 Government Test Review

10.In which early system of law did judges make laws as they resolved individual cases? A. English common law B. the Code of Hammurabi C. the Twelve Tables D. the Justinian Code

A. English common law

9. What is one reason why juries are important in the American legal system? A. The Constitution guarantees trial by jury. B. Juries decide all criminal cases. C. The Constitution states that people on trial have a right to a "jury of their peers." D. A jury is made up of diverse citizens from across the nation.

A. The Constitution guarantees trial by jury.

7. Which of the following represents a check on the judicial branch by the executive branch? A. The president appoints federal judges. B. The Senate approves the appointments of federal judges. C. The courts can invalidate an executive order. D. Congress can override a court decision.

A. The president appoints federal judges.

15. What does a plea bargain usually involve? A. admission to a lesser crime B. grand jury conviction C. lengthy, public trial D. more severe sentencing

A. admission to a lesser crime

15. For an appeal to have strength and validity, the error of law in the trial court must have A. affected the outcome of the trial. B. challenged witness testimony. C. prevented the inclusion of evidence. D. violated due process.

A. affected the outcome of the trial.

12. How does stare decisis most strengthen the nation's legal system? A. by adding stability and predictability B. by enabling higher courts to overturn the decisions of lower courts C. by giving judges the power to revise laws D. by making laws flexible and adaptable to changing times

A. by adding stability and predictability

7. Judges who agree with the court's opinion but for different reasons may explain their position in a A. concurring opinion. B. dissenting opinion. C. minority opinion. D. divergent opinion.

A. concurring opinion.

11. If the trial court judge instructs the jury incorrectly, then the defendant may appeal the verdict based on A. error of law. B. introduction of new evidence. C. mishandling of the case. D. violation of procedural due process.

A. error of law.

3. In a civil trial, the party accusing someone of causing harm is the A. plaintiff. B. defendant. C. prosecutor. D. government.

A. plaintiff.

1.What early system of law emphasized social justice and responsibility, becoming a model for ethical laws in the United States and elsewhere? A. the Ten Commandments B. the Code of Hammurabi C. English common law D. the Justinian Code

A. the Ten Commandments

3. Which of the following shows the general sequence of a case traveling through the court system? A. trial court > appeals court > state or federal supreme court B. federal district court > state supreme court > U.S. Supreme Court C. trial court > state appeals court > federal appeals court > state or federal supreme court D. state trial court > federal district court > federal appeals court > U.S. Supreme Court

A. trial court > appeals court > state or federal supreme court

2. On which early system of law did American colonists most depend? A. the Justinian Code B. the Twelve Tables C. the Code of Hammurabi D. English common law

D. English common law

15. How is the judiciary branch checked by other branches? A. Congress enforces the decisions of the courts. B. State legislatures elect local and state judges. C. The executive branch has the power to dismiss judges. D. The president appoints federal judges with the advice and consent of the Senate.

D. The president appoints federal judges with the advice and consent of the Senate.

13. Which court has the power to overrule the decision of a federal appeals court? A. district appeals court C. trial court B. state appeals court D. U.S. Supreme Court

D. U.S. Supreme Court

5. In our system of checks and balances, judicial review is A. a check on the judicial branch by the legislative branch B. a check on the judicial branch by the executive branch C. a check on the executive branch by the judicial branch D. a check on the legislative and executive branches by the judicial branch

D. a check on the legislative and executive branches by the judicial branch

5. A civil or criminal suit is brought in court against the A. public defender. B. plaintiff. C. perpetrator. D. defendant.

D. defendant.

8. Unlike a concurring opinion, a dissenting opinion expresses A. agreement with the court's decision. B. agreement with the reasons behind the majority opinion. C. disagreement with the reasons behind the majority opinion. D. disagreement with the court's decision.

D. disagreement with the court's decision.

11. Which steps in the trial process are ordered correctly, from first to last? A. jury instructions, examinations, opening statements, verdict, closing statements B. jury instructions, opening statements, closing statements, examinations, verdict C. opening statements, jury instructions, examinations, verdict, closing statements D. opening statements, examinations, closing statements, jury instructions, verdict

D. opening statements, examinations, closing statements, jury instructions, verdict

2. If the arresting police officer failed to advise the convicted person of his rights as required by law, the case may be appealed based on violation of A. stare decisis. B. precedent. C. original jurisdiction. D. procedural due process.

D. procedural due process.

4. In a criminal trial, what party serves as the prosecutor? A. the lawyer for the defendant B. the lawyer for the plaintiff C. the judge D. the lawyer for the government

D. the lawyer for the government

8. How are most criminal cases resolved? A. through a trial B. by a jury C. by a judge D. through a plea bargain

D. through a plea bargain

1. Which of the following represents a difference between criminal trial courts and civil trial courts? A. Only criminal trial courts use a jury. B. Only civil trial courts hear cases involving payment for causing harm. C. Only criminal trial courts use a judge. D. Cases originate only in civil trial courts.

B. Only civil trial courts hear cases involving payment for causing harm.

10. When an appeals court makes a decision, it creates _____ that lower courts must follow when deciding similar cases. A. procedural due process B. a precedent C. a judicial review D. an indictment

B. a precedent

13. The U.S. Supreme Court has the power to A. advise Congress on laws. B. declare laws unconstitutional. C. revise and rewrite laws. D. veto laws.

B. declare laws unconstitutional.

11. The judicial branch checks other branches of government by A. enforcing the law. B. determining laws' constitutionality. C. signing and vetoing laws. D. writing laws.

B. determining laws' constitutionality.

13. What is the most democratic aspect of a criminal trial? A. judge B. jury C. public defender D. state prosecution

B. jury

6.Which appeals court opinion states the decision of the court? A. verdict opinion B. majority opinion C. concurring opinion D. dissenting opinion

B. majority opinion

9. According to the Constitution, courts can A. change laws to clarify their meanings. B. only decide issues brought to them as cases. C. give Congress advice about the constitutionality of a proposed bill. D. advise police about the legality of an act before the perpetrator is arrested.

B. only decide issues brought to them as cases.

14. The main difference between adversarial and inquisitorial systems is in the A. nature of the cases tried. B. role of the court. C. trial and sentencing process. D. use of public defenders.

B. role of the court.

1. A case may be appealed when the losing party can claim that A. the court made an incorrect verdict. B. the judge gave the wrong instruction to the jury. C. the jury interpreted the facts of the case incorrectly. D. a key witness was not credible.

B. the judge gave the wrong instruction to the jury.

3. When a law passed by Congress is unclear, who interprets the law? A. the president and executive agencies B. the judicial branch and the courts C. the legislative branch and the appropriate committees D. the legislative and executive branches

B. the judicial branch and the courts

6. Judicial review is the power of courts to say that laws and government actions are invalid because A. they conflict with previous laws or government actions. B. they conflict with the Constitution. C. they are not written clearly enough to interpret consistently. D. they have not been applied equally and fairly.

B. they conflict with the Constitution.

10. What is the role of a grand jury? A. to mediate pretrial agreements between defendants and plaintiffs B. to determine whether there is sufficient evidence to bring a person to trial C. to hear evidence and render a verdict in cases involving serious crimes, such as murder D. to hear cases involving people who cannot afford an attorney

B. to determine whether there is sufficient evidence to bring a person to trial

6.What is the role of the jury in a trial? A.to sentence individuals convicted of a crime B.to give a verdict based on the evidence presented C.to accept or reject plea bargains D.to indict but not determine guilt or innocence

B.to give a verdict based on the evidence presented

5.Which of the following describes an appeals court hearing? A. Lawyers from both sides call witnesses. B. The jury hears new evidence not presented in the original trial. C. A panel of justices decides the appeal. D. The original trial is conducted again in front of a new jury.

C. A panel of justices decides the appeal.

2. How does an adversarial trial system differ from an inquisitorial trial system? A. In an adversarial system, juries can question witnesses. B. In an adversarial system, the judge can question the defendant. C. In an inquisitorial system, the judge gathers and presents evidence. D. In an inquisitorial system, juries are not used.

C. In an inquisitorial system, the judge gathers and presents evidence.

12. Which individual set a precedent for codifying complex bodies of law? A. Blackstone B. Hammurabi C. Justinian D. Moses

C. Justinian

4. To hear appeals, courts must have A. concurrent jurisdiction. B. regional jurisdiction. C. appellate jurisdiction. D. original jurisdiction.

C. appellate jurisdiction.

4. How do courts promote the rule of law? A. by making laws for all to follow B. by organizing the laws into a code C. by holding accountable those who violate the laws D. by rewriting the laws to make them clear and understandable

C. by holding accountable those who violate the laws

12. The Sixth Amendment guarantees which of the following to the accused? A. counsel B. counsel and jury C. counsel, jury, and witnesses D. counsel, jury, witnesses, and at least one plea bargain offer

C. counsel, jury, and witnesses

8. An independent judiciary is essential to our democracy because A. judges must belong to a political party. B. judges must run for election. C. judges must act impartially. D. judges must reflect the views of their constituents.

C. judges must act impartially.

14. The U.S. Supreme Court ruling in Texas v. Johnson has served as __________ for later free speech cases. A. concurrent opinion B. majority opinion C. precedent D. verdict _

C. precedent

7.The rights described in the Sixth Amendment are guaranteed through the use of A. judges. B. prosecutors. C. public defenders. D. grand juries.

C. public defenders.

14. To preserve the democratic principles of checks and balances, courts can only decide questions of law if A. a crime has been committed. B. local, state, or federal legislatures cannot find a solution. C. questions are brought to them in the form of cases. D. the issue presents a challenge to the Constitution.

C. questions are brought to them in the form of cases.

9. Laws can be applied more uniformly from case to case because the legal system follows the principle of A. reasonable doubt. B. original jurisdiction. C. stare decisis. D. habeas corpus.

C. stare decisis.