Chapter 10 Questions
The Supreme Court is deeply involved in politics in each of the following ways EXCEPT this one:
By contributing to the campaigns of congressional allies
Which of the following is NOT an example of administrative law?
Congress passes a law limiting awards in medical malpractice cases.
Which of the following is NOT an influence on Supreme Court decision-making?
Direct lobbying by interest group representatives
The Civil Rights Act of 1964 serves which function of the law?
Distributing the benefits and rewards society has to offer
According to the text, which of the following is NOT a criterion used by presidents in choosing Supreme Court nominees?
Endorsements received by national news media
Which of the following statements concerning Senate confirmation of presidential Supreme Court nominees is NOT true?
If the minority party is not the party of the president, it has little power to influence the success of nominations.
All of the following statements are true concerning the common-law tradition EXCEPT this one:
Most of the United States uses the common-law tradition as the basis of its legal system.
The first Hispanic justice of the Supreme Court was appointed by President
Obama
Which of the following statements concerning presidential appointment of judges is NOT true?
Presidents have always worked to shape the ideological leanings of the Supreme Court.
Which of the following is NOT a statutory law?
The Fourteenth Amendment to the U.S. Constitution
Which of the following statements is NOT true regarding the U.S. legal system in comparison to those of other countries?
Unlike other countries, the United States has an inquisitorial legal system.
The American legal tradition can best be described as
a mixed system based on common-law practice but with a body of written, codified laws
A writ of certiorari is
a petition by the losing side in a lower court for the Supreme Court to hear an appeal
A violation of civil law is called
a tort
Laws or regulations established by bureaucratic agencies on behalf of Congress are known as ______ laws or regulations
administrative
The powers of the Supreme Court listed in the Constitution
are not clearly spelled out
According to some political observers, the different reaction of many blacks versus most whites to the shooting of Michael Brown in Ferguson, Missouri, can be linked to the fact that
blacks' experience with the legal system leads them not to trust it
Laws that regulate relations between individuals are called
civil laws
Strict constructionists argue that there is no such thing as a
constitutionally protected right to privacy
The U.S. Courts of Appeals are arranged
in twelve circuits covering the District of Columbia and geographical groupings of states.
Opponents of judicial elections believe that elections sacrifice judicial
independence
The role of the judge in the common-law tradition differs from the role of the judge in the civil-law tradition in that
judges in the common-law tradition have much more discretion to interpret the law
The two main approaches to interpreting the Constitution are
judicial interpretivism and strict constructionism
The legal system of the United States is
largely a common law tradition with elements of the civil law tradition.
Based on the discussion in the textbook, we can conclude that getting a case before the U.S. Supreme Court is
very difficult
The system of district courts, appeals courts, and the Supreme Court set up by the founders
was not first established as a fully developed system
The power of the courts to determine the constitutionality of laws is called judicial
review
Decisions of the U.S. Circuit Courts are made by
rotating panels of three judges
Criminal law deals with harm to ______, whereas civil law involves harm to
society, individuals
The Supreme Court has used its power of judicial review
sparingly
A law that makes it illegal to use steroids is an example of a ______ law.
substantive
In an inquisitorial system,
the attorneys play relatively minor roles
The reason the burden of proof in a criminal trial is greater than the burden of proof in a civil trial is
the government is perceived as a greater threat to our liberties than are fellow citizens
The opinion of the Supreme Court in a case is
the most important element of the Court's decision
In an adversarial system, the winning side is likely to be
the one with the more skilled attorney
One reason dissenting opinions are significant to U.S. common law is that
they may have a lasting impact if the Court later changes its mind
Amicus curiae briefs are significant because
they may influence whether the Supreme Court decides to hear a case
The idea of an independent judiciary as created by the founders was
unique at the time of our country's founding
Which of the following statements concerning jurisdiction is false?
About half the cases in the United States are heard by federal courts.
Which of the following types of law always apply only to the executive branch of the federal government?
An executive order
All of the following statements concerning appeals of lower court decisions are true EXCEPT this one:
Most cases in the federal courts are appealed.
Which of the following is NOT a characteristic of the American legal system?
It focuses on procedural due process more than on substantive outcomes.
All of the following statements concerning the power of judicial review are true EXCEPT this one:
It includes the powers to declare acts of government unconstitutional and to interpret the meaning of all federal and state laws.
The textbook argues that the United States is unlikely to change from an adversarial system of law for all of the following reasons EXCEPT this one:
It is generally acknowledged to be more fair than the inquisitorial system.
According to many scholars, Americans sue each other a great deal for all of the following reasons EXCEPT this one:
Lawsuits are easy to file in the United States compared with other countries.
The characteristics that help determine which court has jurisdiction over a case include all of the following EXCEPT this one:
The expressed wishes of the president
Which of the following is NOT a substantive law?
The right to appeal a criminal conviction
Which of the following statements concerning the functions of the law is NOT correct?
The weakness of the law is that we can easily break a rule that we do not know exists.
The Constitution says
nothing about the qualifications of federal judges
According to Thomas Hobbes and John Locke, the primary function of law is to
provide security, order, and predictability in life
