Final Exam questions
Members of the courtroom work group try to avoid trials.
True
Most judicial elections are low-visibility affairs.
True
In American courts judges are advocates for the prosecution.
False
During the last decade, tort filings in many states have been:
staying relatively constant
The following is an order by the court requiring a person to produce documents in their possession:
subpoena duces tecum
In his opinion, what did Justice Douglas argue?
For the full incorporation of the Bill of Rights by the Fourteenth Amendment.
Stella Liebeck's jury verdict against McDonalds was substantially reduced by the courts.
True
U.S. courts are both legal and political institutions.
True
In the 1800s, most American lawyers received their training through:
apprenticeship
Lawyers that argue cases before the Supreme Court:
come mostly from a narrow circle of lawyers
The practice of law is regulated by:
states
The military justice system:
differs dramatically from the regular federal court system
The principle that illegally seized evidence cannot be used against the defendant at trial is known as the:
exclusionary rule
Reducing the inmate's prison term as a reward for good behavior in prison is known as awarding:
good time
A court is said to have "limited jurisdiction" when it:
handles only minor cases
Trial de novo means:
that the proceedings are repeated
Of crimes known to the police, what percentage results in an arrest?
20%
Fearing Justice Marshall's persuasiveness, Thomas Jefferson argued for what?
A requirement that each member of the Supreme Court write a separate opinion.
A summons is an informal notice that you been named in a lawsuit.
False
According to Gideon's Trumpet, the only reason that attorney Bruce Robert Jacob sent a letter to the country's other forty-nine attorneys general was to invite them to submit amicus curiae briefs.
False
Certiorari petitions are evenly distributed among U.S. Supreme Court justices, as a method to reduce the overall workload of the Court in deciding what cases to review in a term.
False
Doctrines of access increase the workload of the Supreme Court.
False
Hiring a lawyer automatically means a dispute will result in a lawsuit.
False
Jurisdiction is the power of a court to prohibit illegally obtained evidence from being introduced.
False
Most lawsuits in the United States involve policy litigation.
False
The Rules of the U.S. Supreme Court treat all parties the same regardless of their income. The Rules make no special allowances for poor litigants.
False
The number of Law School Admission Tests (LSAT) administered has increased every year since the 1960s.
False
When the Clerk of the U.S. Supreme Court received Clarence Earl Gideon's petition for review, it was immediately apparent that his case would be historically significant.
False
Which president proposed a famous plan to "pack" the Supreme Court?
Franklin Roosevelt
Which of the following are shared similarities between judges?
Most are upper-middle-class males. Most were born in the community in which they serve. Most have held prior public office. Some of the above ----Correct! All of the above
During jury selection in his criminal trial, how many jurors did Clarence Gideon attempt to remove?
None
Either the plaintiff or the defendant may appeal a decision to an appellate court in:
a civil case
Which of the following has been found to be a "cue" in the Supreme Court deciding to hear a case?
The solicitor general requests review.
Someone is badly injured in a motor vehicle accident when a negligent driver runs a red light. The negligent driver maintains a $15,000 auto liability insurance policy. What is most likely to happen if the victim's medical bills and lost income exceed $15,000?
The victim will not be fully compensated for his or her injuries.
Which statement best describes doctrines of access?
They grant the Supreme Court flexibility in deciding which cases the federal courts will hear.
At the time Gideon filed his appeal, it was standard practice for the U.S. Supreme Court to appoint attorneys to represent poor prisoners who requested representation. These appointed attorneys are expected to donate their time and represent the poor person for free.
True
At the time that it was enacted, the Bill of Rights was though to only limit federal action, not the actions of state governments.
True
In felony court, most defendants are found guilty.
True
Interest groups try to influence judicial nominations.
True
Judicial misconduct often involves corruption.
True
Law is often the best starting point for explaining what courts do.
True
Mediation focuses on a resolution to a dispute that both parties find satisfactory.
True
No U.S. District Court boundary crosses state lines.
True
Petty offenses enjoy no constitutional right to a jury trial.
True
Specialized federal courts have been created to decide specific types of cases.
True
State court judges may interpret and apply federal law as well as the U.S. Constitution.
True
The Congress is active in establishing tort reform at the national level.
True
The NAACP Legal Defense and Educational Fund is the nation's oldest civil rights law firm.
True
The concept of mootness requires that the court's decision must be able to grant some relief to the parties.
True
The courtroom work group depends on regularity of behavior.
True
The number of "Index Crimes" has declined since 1990.
True
The small group dynamics of appellate courts have been linked to their decision making.
True
According to Gideon's Trumpet, at large law firms, large cases are often broken down into small components assigned to junior attorneys, who thoroughly analyze them, as opposed to delegating the entire matter to one attorney.
True.
According to Gideon's Trumpet, what is the advantage of experienced individuals like the Solicitor General involving themselves in a Supreme Court case as an amicus curiae?
Very few lawyers routinely practice cases before the Supreme Court, so the expertise of the experienced is valuable.
Which statement does not accurately describe the criminal law?
Violators must pay compensatory damages to victims.
Which of the following statement or statements are correct about felony defendants?
Violators of the criminal law come from all social and economic classes. Defendants are often powerless. You Answered Defendants are younger, less educated, and poorer than the average American. --Correct Answer All of the above
Which of the follow best describes Earl Warren's life before he became Chief Justice of the U.S. Supreme Court?
Warren was prominent in Republic politics
The debate between the Anti-Federalists and Federalists concerning the nature of the courts centered on:
a loss of state court power
A tort case requesting a large sum of money is likely to involve which of the following types of negotiations?
best result
If a defendant pleads guilty to two of four charges, this is termed:
count bargaining
Explanations for case attrition include all of the following except:
courtroom availability
Which of the following types of courts do not have "limited jurisdiction"?
courts of appeals
If a defendant refuses to provide an answer, the judge in the case may issue a:
default judgment
Interest group strategies to influence the courts include:
direct sponsorship amicus curiae briefs class action lawsuits judicial nominations -----Correct! all of the above
Until 1891, the federal court system consisted of:
district courts and the Supreme Court
Efforts to improve the efficiency of appellate courts have included all of the following, except:
eliminating dissenting opinions
A study by Kalven and Zeisel found:
evidence in a case seems to predict the verdict
Which of the following steps in the jury selection process is solely the prerogative of the attorneys?
exercising peremptory challenges
Cases in the U.S. Courts of Appeals can come from:
federal administrative agencies that lost in a lower court
The cost of judicial campaigns is:
increasing over time
In the Uniform Crime Reports, major crimes such as homicide or robbery are part of a category of crimes referred to as:
index crimes
Socialist law:
is based on Marxist Leninist ideology reflects elements of civil law was copied by Eastern bloc nations from Russia -----Correct Answer all of the above
Arbitration differs from mediation because the decision:
is binding
The Foreign Intelligence Surveillance Court:
issues warrants for electronic eavesdropping
Common law is often referred to as:
judge?made law
Complaints about the conduct of federal judges are first considered by:
judicial councils
In rural areas, the lower courts are collectively called:
justice of the peace courts
According to studies of judicial role, which phrase best describes judges who express a very narrow and traditional view of the judicial process?
law interpreters
Which group or groups are involved in judicial selection in the United States?
lawyers elected officials the public ----Correct! all of the above
What does the term stare decisis mean?
let the decision stand
The largest number of courts in the United States are courts of:
limited jurisdiction
Lawyers spend the least amount of their time:
litigating
Federal judges are:
nominated by the president and confirmed by the Senate
Most big cities use which of the following to provide indigents with free counsel in criminal cases?
public defender
Examples of controversial policies that involve the courts include:
racial segregation in public schools the application of the death penalty excessive jury verdicts ----Correct! all of these issues
The treatment approach to drug offenders is intended to:
reduce the likelihood of rearrest
Party capability is:
related to litigant success
Studies on civil court caseloads per thousand of the population indicate that they have:
remained relatively stable in the 20th century
A criminal case is an example of:
repeat players against one-shotters
Which of the following is an example of legal mobilization?
reporting a crime
Since 1980, the number of people in prison has:
risen dramatically
In an uncontested divorce, a judge is called upon to perform which of the following?
routine administration
Equity developed as a rival to:
common law
A civil suit begins with the filing of a(n):
complaint
In the context of law, politics is best understood as:
the authoritative allocation of values
A major problem with local control of the judiciary is:
the judiciary has been associated with local corruption
Which statement best describes post-conviction remedies?
they are limited to constitutional defects
Studies of Americans' "suing" behavior indicate:
they sue more than any other Western democracy they are not necessarily quick to sue community norms seem to shape suing behavior all of the above ----Correct! some of the above
Prior to 1988, if a lower court declared an Act of Congress unconstitutional, the losing side might file which of the following with the Supreme Court:
writ of appeal
The term integrated bar refers to:
all lawyers must belong to the state bar association
The Bar Exam:
all of the above
A writ of certiorari is issued by the Supreme Court only when:
at least four justices vote for it
According to the U.S. Constitution, federal courts other than the Supreme Court may be established by:
Congress
Increasing the severity of the punishment tends to:
decrease its application
Most disputes do not end up in court because:
the party filing a claim is satisfied with a settlement
Which statement or statements best describe the relationship between civil and criminal law?
Although distinct, civil law and criminal law sometimes overlap.
What crime had Clarence Gideon been convicted of committing after the trial court refused to provide him a lawyer?
Breaking and entering.
Following Betts v. Brady, the U.S. Supreme Court ruled in two cases that altered the precedent by mandating counsel in what kind of cases?
Capital offenses.
Which statement best describes the similarities and differences between civil procedure and criminal procedure?
Civil procedure is more extensive than criminal procedure.
The appellate jurisdiction of the Supreme Court is determined by:
Congress
Which statement best describes contemporary law school education?
Curricula are highly structured.
Many prison reforms have come about as a result of which Constitutional Amendment?
Eighth
Which statement best describes case dispositions in municipal court?
Lawyers are rarely present and defendants plead during the first appearance.
Which statement or statements best describe appellate courts?
Appellate courts operate the same as trial courts. Appellate courts provide for error correction. Appellate courts engage in policy formulation. All of the above ---Correct! Some of the above
Which president named a greater percentage of women to the federal judiciary than any other?
Barack Obama
Though Fortas requested the transcript of Gideon's original trial, the State of Florida objected to its inclusion in the record. What was their rationale?
Gideon appealed the denial of his habeas corpus petition, not his actual criminal trial.
All of the following were reasons that Abe Fortas inclined to learn more about Gideon before proceeding with the case, EXCEPT:
He wanted to know if Gideon actually committed the crime.
The responsibility of issuing articles of impeachment against federal judges rests with the
House of Representatives
Which statement or statements best describe the work of most lawyers?
Lawyers try to keep clients out of court.
Among other things, what did the Judiciary Act of 1789 do in regard to the U.S. Supreme Court?
It gave them the power to review state court decisions on federal questions.
What does it mean for a case to be filed in federal court in forma pauperis?
It is submitted without the usual forms or filing fees.
Under American law, what does a jury of one's peers mean?
Jurors must be selected from a cross-section of the community.
Which state supreme court was noted for being dominated with conservative "Old Stock" Republicans?
Ohio
In which U.S. Supreme Court case did the Court hold, for the first time, that in at least some circumstances, criminal defendants in state trials were entitled to representation?
Powell v. Alabama.
Which statement best characterizes current practices of grand juries?
The grand jury is effectively dominated by the prosecutor.
Which statement or statements best describe where lawyers work?
The proportion of lawyers in private practice is declining. The private practice remains the most important place where lawyers work. The size of law firms is increasing. ---Correct! Some of the above All of the above
The amicus brief submitted by the 22 states and Fortas's brief in support of Gideon disagreed on which point?
What to do with regard to the defendants who had been sentenced without counsel.
Which of the following is not a concession generally offered defendants in return for a plea of guilty?
Which of the following is not a concession generally offered defendants in return for a plea of guilty?
In the majority opinion, the Court answered NONE of the following questions, EXCEPT:
Would Betts v. Brady be overturned?
Clarence Earl Gideon filed his appeal in the U.S. Supreme Court in 1962. He argued that the Constitution gave him the right to an attorney. Had the Court addressed this issue before 1962?
Yes. The Court ruled twenty years that a defendant has the right to attorney, but there is no requirement that the state pay for legal representation.
The majority of persons under some form of correctional supervisions are:
on probation
A class action lawsuit is brought by:
one person or interest group on behalf of others
When attorneys exclude jurors without explanation, they are exercising:
peremptory challenge
The process of each side of a civil case making formal written allegations about a case is known as:
pleadings
In a civil case, the burden of proof required to convict is:
proof based on the preponderance of the evidence
U.S. Magistrate judges can do all of the following except:
sentence felony defendants
Based on Supreme Court interpretations of the U.S. Constitution, which statement is not correct concerning the size of juries?
six-member juries in federal criminal cases
Which of the following is not an example of discretionary choices in the law?
standards of conduct
State courts of last resort are generally referred to as:
state supreme courts
If a case involves no genuine issue of fact and the law is clear, the judge can issue a:
summary judgment