PS 360 Final

_______ courts rule on legal, not factual, questions A. Trial B. Appeals C. Civil D. Criminal E. All of the above

B. Appeals

Prostitution is an example of _______ crime

Consensual

Political questions lack _______, meaning there is a question of whether judges ought to hear cases involving them

Justiciability

If certiorari is denied...

The lower court ruling stands

How do courts make public policy?

Through dispute resolution between individuals

The _____ Court(s) are considered the workhorse of the federal judiciary

Trial

The ______ Court(s) has/have no discretionary control over the docket, while ________ Court(s) do(es).

Trial, Appellate

A community of actors in the court system that are relatively permanent, including judges, prosecutors, and defense attorneys, is called

courtroom work group

In Batson v. Kentucky, the Supreme Court ruled that jurors could not be excluded on the basis of

Race

The appellate judges' openness to change his/her mind on a decision is referred to as

Fluidity

What is the power of the court to declare laws unconstitutional called?

judicial review

Which of the following is NOT a basic element in the definition of law?

-Official Authority -regularity -privilege -force Privilege

What is the common size of a jury in federal and many state cases?

12

What agreement did the proponents of competing plans for the judiciary at the Constitutional Convention work out?

A constitutional article for the Supreme Court and leaving the decision about inferior courts to Congress

The Supreme Court considers, in full, how many cases per year, on average?

70-90

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government in FELONY cases

The earliest study that developed cue theory found three highly relevant cues in predicting Supreme Court Behavior. Which of the following is not one of them? A. Ideological direction of the lower court ruling B. Whether the US is a party to the case C. Whether a civil liberties or civil rights issue is present D. Dissent among other circuit courts

A. Ideological direction of the lower court ruling

Which of the following is not a category of crime? A. Moral B. Conventional C. Economic D. Syndicated E. Political

A. Moral

The nomination of Hariet Miers by President George W. Bush failed for several reasons. Which of the following is NOT one of them? A. She was a woman B. She had not been a judge C. She did not graduate from an Ivy League law school D. She was not affiliated with the Federalist Society E. She was too close to the president

A. She was a woman

In most states, courts are divided into 4 general categories or levels. Which level best describes the following statement: Handle the bulk of litigation, typically infractions and misdemeanors. A. Trial courts of limited jurisdiction B. Trial courts of general jurisdiction C. Intermediate appellate courts D. Courts of last resort

A. Trial courts of limited jurisdiction

Juvenile and drug courts are types of A. Trial courts of limited jurisdiction B. Trial courts of general jurisdiction C. Intermediate appellate courts D. Courts of last resort

A. Trial courts of limited jurisdiction

Defendants are entitled to a jury in both civil and criminal cases A. True B. False

A. True

In order to obtain a criminal conviction, the state must demonstrate a casual link between the action and the injury A. True B. False

A. True

Lower court judges have a great deal of discretion and may not always follow the rulings of supervising courts A. True B. False

A. True

Rational choice theorists accept the basic assumption of attitudinal theory A. True B. False

A. True

Which of the following is true about the demographics of state judges? It is predominately white It is predominately male The number of women is increasing The number of minorities is increasing All are true

All are true

The Revolutionary War, the Civil Rights Movement, and Harpers Ferry are mentioned in the book to demonstrate

America's ambivalence toward the rule of law

Traffic laws exist to fulfill which function of law?

providing order and predictability

Which article of the constitution established the judiciary?

Article III

In the previous scenario, assume that one of the justices was a conservative. Knowing the ACLU is a liberal interest group, the conservative justice voted against granting certiorari. This vote would be predicted by which theory of judicial behavior?

Attitudinal Theory

Which of the following is the best DEFINITION for the term stare decisis? A. A cardinal principle of the common law tradition B. Commitment to follow precedent C. Decisions rendered on similar subjects by judges in the past D. Stand by what has been decided E. A sacred doctrine in the common law tradition

B. Commitment to follow precedent

Which of the following does the book NOT list as a source of law? A. Acts of legislative bodies B. Common Law C. Constitutions D. Orders of political executives E. Judicial decisions

B. Common law (type, not source)

Which of the following selection systems became popular to democratize the political process? A. Merit selection B. Elections C. Gubernatorial appointment D. Legislative appointment E. None of the above

B. Elections

Legislators and Executives have no influence over judges A. True B. False

B. False

Elections (themselves, not campaign spending) for judges should have which of the following effects? A. Increase voter participation B. Give voters ownership in the outcome C. Alienate voters and discourage them from the political process D. Mobilize voters

B. Give voters ownership in the outcome

In most states, courts are divided into 4 general categories or levels. Which level best describes the following statement: Usually divided into districts or circuits and handle more serious criminal and civil cases. A. Trial courts of limited jurisdiction B. Trial courts of general jurisdiction C. Intermediate appellate courts D. Courts of last resort

B. Trial courts of general jurisdiction

States took a number of steps to resolve backlogs of cases. Which of the following was NOT one of them? A. New courts with overlapping jurisdictions B. Unification C. New courts with specific geographic jurisdiction D. Creation of specialized courts to handle one particular type of case

B. Unification

Which amendment guarantees a trial by "an impartial jury"? A. 4th B. 5th C. 6th D. 7th E. 8th

C. 6th

Which of the following statements best summarizes the main finding of Bonneau and Ruice (2009)? A. The race of a state supreme court justice does not affect the justice's vote B. The race of a state supreme court justice always effects how the justice votes C. Black judges are more likley to side with a defendant in states with no IAC D. Black judges are more likley to side with a defendant in states with an IAC

C. Black judges are more likley to side with a defendant in states with no IAC

In most states, courts are divided into 4 general categories or levels. Which level best describes the following statement: Relative newcomers to the state judicial scene and are often the court of last resort for litigants in the state court system. A. Trial courts of limited jurisdiction B. Trial courts of general jurisdiction C. Intermediate appellate courts D. Courts of last resort

C. Intermediate appellate courts

One of the general goals of jury selection is to eliminate potential jurors who cannot render an impartial verdict. Objecting to such potential jurors is known as a

Challenge for cause

Courts in which judges must work in small-groups rather than individuals are called

Collegial courts

Grand and petit juries were introduced to the American court system during which era?

Colonial period

The role of the Senate Judiciary Committee is to

Conduct investigations and reject unqualified candidates

The Bonneau and Rice (2009) article investigates which type of cases?

Criminal cases

In the case Craig v. Boren, the American Civil Liberties Union (ACLU) filed an amicus brief urging the Court to take a middle-of-the-road position on sex discrimination cases. The court decided to grant certiorari and heard the case on the merits. Relying on the shortcut of an interest group filing an amicus brief is evidence of which theory of judicial behavior?

Cue Theory

Which of the following statements best defines the concept of stare decisis? A. Decisions and regulations set forth by the various administrative agencies of the government B. The whole body of law that exists that comes from judicial decisions C. A type of lawmaking capacity that is held by legislatures to overrule judicial decisions D. A common law doctrine that places emphasis on adherence to prior court decisions E. The mandate of the constitution for states to offer equal protection of the law

D. A common law doctrine that places emphasis on adherence to prior court decisions

The Supreme Court has the power to hear which of the following cases for the first time rather than in review? A. Cases involving state laws B. Cases where the president is a party C. Cases where Congress is a party D. Cases involving ambassadors E. Cases coming from the appellate courts

D. Cases involving ambassadors

In most states, courts are divided into 4 general categories or levels. Which level best describes the following statement: Oklahoma and Texas have 2: one for civil cases and one for criminal cases. A. Trial courts of limited jurisdiction B. Trial courts of general jurisdiction C. Intermediate appellate courts D. Courts of last resort

D. Courts of last resort

Which of the following is a court-curbing strategy employed by the executive alone rather than by the legislature or through cooperation between the executive and legislative branches? A. Passing a new statute B. Pushing for a constitutional amendment C. Impeachment D. Judicial appointment E. Limit or remove the court's jurisdiction in certain types of cases

D. Judicial appointment

Interest groups play many roles in the nomination process. Which of the following is not one of the roles mentioned in the text? A. Raising money to support a nominee B. Calling for action to oppose a nominee C. Urging the president to withdraw a nomination D. Running TV ads against the nominee E. Affecting public opinion

D. Running TV ads against the nominee

Making legal decisions based on public opinion is evidence of which subculture?

Democratic

The factual record of cases is established in the ______ Court

District

Having a judiciary that is divided between state and federal courts is known as

Dual courts system

Federal judges are formally appointed to hold office

During good behavior

Which of the following is not a type of civil law? A. Contract B. Family C. Tort D. Property E. Economic

E. Economic

Which of the following is a FORMAL qualification for obtaining a federal judgeship? A. Have a law degree B. Pass a federal Bar exam C. Minimum age requirement D. Be a legal US citizen E. There are none

E. There are none

Which feature of many state judiciaries should mean that those judges are probably more in touch with public opinion than federal judges?

Elections

By overturning a lower court decision within which it disagrees, the Supreme Court engages in.....

Error correction

In order for US Courts to hear a case, a _________ question must be present

Federal

What rule or exception allows police officers to seize evidence relying on search warrants that may later prove to be defective?

Good faith exception

A colloquial saying in the legal community is that prosecutors can indict a ham sandwich. This saying is associated with which stage of the criminal process

Grand jury

What development in the US resulted in longer and more complex court cases?

Increasing industrialization and rapid growth of urban areas

Complete the following quote from the textbook: "Without ___________, there would be no courts, no judges, no political or judicial system..."

Law

Which of the following is not a part of the support staff in MOST state trial courts? A. Magistrates B. Administrative office of the courts C. Law clerks D. Court clerk E. Court administrator

Law clerks

Adherence to precedent is evidence of which subculture?

Legal

America is a ______ society, meaning its people engage in a lot of lawsuits

Litigous

The power of the court to declare laws unconstitutional comes from

Marbury v. Madison

US Supreme Court Justice William Brennan, argued that the state courts should interpret their own constitutions and provide greater protection of citizen's rights. This development is known as

New judicial federalism

Studies have shown that only _______ seems to have consistent and significant capacity to explain judicial decisions

Party identification

One of the most important ways the federal judiciary can influence policy is to......

Place issues on the political agenda

A "well qualified" rating from the ABA might be considered an indicator of which informal requirement of serving as a federal judge?

Professional competence

One might argue, however, that traffic laws violate which function of law?

Protecting individuals and property

This type if law is considered the "supreme law of the land"

Provisions in the constitution

George and Epstein note that......

The attitudinal and legal models work best in tandem

Federal trial judges generally come from what occupation?

State or local judgeships

Obergefell v. Hodges

States obligated to recognize same-sex marriage from other states.

"Policies established by collegial courts are often ambiguous because the majority opinion is written to accommodate several judges" This behavior of accommodation is consistent with which theory of judicial behavior?

Strategic

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

In which order were federal courts established?

Supreme, Appeals, District

The _______ Plan called for the establishment of lower federal courts while proponents of the _______ Plan insisted that state courts hear all matters and that the Supreme Court should be the only federal court

Virginia, New Jersey

The process of examining potential jurors about the general qualifications for jury service is known as

Voir dire

When are Democratic appointees more likely to vote liberally and Republican appointees more likely to vote conservatively?

When controlling precedent is absent/ambiguous and when evidence in the case is about equally divided

Federal judges often time their retirement to occur

When their party controls the presidency

Which statement about merit plan selection is true? a. Merit plan judges are largely no different than elected judges on many metrics b. It tends to produce more women judges than elections c. Judges selected via this mechanism are more productive than elected judges d. It tends to produce more qualified judges than elections e. It produces judges with greater independence from elections

a. Merit plan judges are largely no different than elected judges on many metrics

A judge who believes that his/her role (s)he can make must make policy to remove ambiguity from statutory law is referred to as an ________________

activist

Mediation and arbitration are examples of

alternative dispute resolution

Which courts search for legal errors made by others and engage in group deliberation?

appeals court

State judges in various states can be removed from the bench by a. retirement age b. impeachment c. recall election d. losing a re-election battle e. all of the above

e. all of the above

Which of the following is NOT a technique used by judges in small-group environments to maximize their impact on colleagues? a. Persuasion on the merits b. bargaining c. changing vote d. writing a strong dissent e. campaign against them

e. campaign against them

Mapp v. Ohio

evidence seized illegally cannot be used in court

Deference to the elected branches in making policy is most associated with judges who view their judicial role as a(n) __________

interpreter

MLK once wrote, "There are two types of laws: ______ and _______"

just and unjust

George and Epstein find that the legal model overpredicts _________ decisions and the attitudinal model overpredicts __________ decisions

liberal, conservative

Which category of state judges does not require a law degree in most states?

magistrates

State courts, especially the trial courts, are mostly engaged in _____

norm enforcement

The power of a court to hear a case for the first time

original jurisdiction

One of the general goals of jury selection is to eliminate potential jurors who they believe would be unfavorable to their side even though no overt reason for bias is apparent. Objecting to such potential jurors is known as a

peremptory challenge

Presidents typically defer to individual senators' preferences for lower-court federal judges through a process known as....

senatorial courtesy

A court order commanding a public official to perform an official, nondiscretionary duty is called

writ of mandamus