1. In the United States the police determine whether charges should be filed and what the proper charge should be. a. True b. False
2. Small claims plaintiffs generally: a. Are unrepresented by counsel b. Must conceive their own case. c. Assemble their own evidence d. Present their own case in court e. All of these choices.
3. Anglo-American law is mainly based upon which legal system? a. Islamic Law b. Civil Law c. Socialist Law d. Common Law e. None of these choices
4. The major components of U.S. law include: a. Private law and public law b. The U.S. constitution c. Administrative law d. All of these choices
5. Courts and other governmental branches are subordinate to the Shari’a in which legal system? a. Socialist Law b. Civil Law c. Common Law d. Islamic Law
6. In Metro-Goldwyn Mayer v. Grokster (2005), the Court held: a. file -sharing was within the limits of copyright law. b. file-sharing was not within the jurisdiction of the Court c. Grokster was liable and it infringed upon copyrights d. Grokster fit under the same rules as Napster.
7. Federalism is a means to limit government power and create a fragmented set of laws. a. True b. False 8. Law is a body of rules enacted by public officials in a legitimate manner backed by the force of the state. a. True b. False
9. The United States has the distinction of having a dual court system. These two sets of courts have important variation in how they interpret and apply the law. a. True b. False
10. The judiciary’s power of judicial review can directly be found in several articles of the U.S. Constitution. a. True b. False
11. An appeal from a single judge U.S. District Court decision usually is sent to: a. a single U.S. Magistrate b. a multiple-judge U.S. Court of Appeals c. a multiple-judge state court of last resort d. none of these choices
12. Stare decisis or the rule of precedent applies: a. Only to state courts b. Only to trial courts of limited jurisdiction c. To state and federal courts d. To none of these choices
13. The main characteristics of Drug Courts are: a. A nonadversarial approach b. A coordinated strategy aimed towards bettering participants compliance c. Access to treatment and rehabilitations services d. Forging partnerships among public agencies, and community based organizations e. All of these choices 14. Approximately four-fifths of the states have created intermediate courts of appeals and the remaining states have a trial level and a court of appeals level. a. True b. False
15. Attorneys who are licensed in one state are automatically granted the right to practice in other states. a. True b. False
16. Access to lawyers in civil and criminal cases is: a. Guaranteed by the U.S. Constitution b. Only applies to felony cases c. Only applies to federal cases d. Applies to both federal and state cases e. None of these choices
17. U.S. Law Schools are accredited by the U.S. Department of Education which sets minimal standards for these schools a. True b. False
18. The Sixth Amendment to the U.S. Constitution established the right to counsel in state felony cases in: a. Miranda v. Arizona b. Griffin v. Illinois c. Mapp v. Ohio d. Gideon v. Wainwright e. None of these 19. Indigents in criminal prosecutions have a right to legal representation. While legal representation for indigents in civil procedures is considered: a. A right b. A privilege c. Both a privilege and a right d. Part of lawyers professional obligation e. All of these choices
20. The White House is the primary player in the federal judicial nomination process, ranging from U.S. District Courts to the U.S. Supreme Court. a. True b. False
21. Janice Clark’s argument that she was discriminated against in terms of judicial selection was based upon the Voting Rights Act of 1965. a. True b. False
22. If state judges engage in unethical conduct, their behavior can be reviewed by a state judicial conduct commission which is usually part of the state’s highest court. a. True b. False
23. Of the 90 million cases filed in court annually: a. The majority are major issues b. About half each are major and minor issues c. The majority are minor issues d. The proportion of major and minor cases vary substantially
24. Interest groups use amicus briefs to influence appellate court decisions. a. True b. False
25. Brown v. Board of Education overturned which decision? a. Roe v. Wade b. Chisom V. Roemer c. Mapp v. Ohio d. Miranda v. Arizona e. None of these choices
26. In many of Nigeria’s Northern provinces Islamic Shari’a law is being adopted rather than English common law. a. True b. False
27. Policy Litigation a. Usually has broad ramifications b. Often contains multiple plaintiffs and/or multiple defendants c. Is future oriented d. All of these choices
28. Which of the following has wide latitude in setting the amount of bail? a. The prosecutor b. The police c. The judge d. The bail bondsman e. None of these choices
29. Extending the national Bill of Rights to the states is called incorporation or nationalization of the Bill of Rights. The following right was incorporated in Mapp v. Ohio: a. The exclusionary rule b. Physical or psychological confessions c. Freedom of speech d. Freedom of press e. None of these choices
30. Grand juries meet in public and decide whether the defendant is guilty or innocent of the charges. a. True b. False
31. What current forms of criminal punishment are used in the United States? a. Branding of the individual b. Flogging c. Placing them in stocks in the town square d. Imprisonment e. All of these choices
32. The vast majority of criminal convictions occur through: a. A trial b. A guilty verdict c. A death sentence d. A voluntary guilty plea of the accused e. None of these choices
33. In the U.S. the problem of severe prison overcrowding has placed increased reliance on probation where control is maintained while probationers live in the community. The approximate percent of individuals that are granted probation is: a. 30 percent b. 40 percent c. 50 percent d. 60 percent e. None of these choices
34. Prior to filing a civil lawsuit individuals usually follow four preliminary steps of grieving, claiming, disputing and hiring a lawyer. a. True b. False
35. The Insider is based upon a civil lawsuit where the state of Illinois sues the commercial airline industry. a. True b. False
36. There are many claims about a litigation explosion, when actually contemporary litigation rates are lower per capita than those during the nineteenth century. a. True b. False
37. The majority of civil cases are terminated by: a. Trial or arbitration b. Disposal by motion c. Settlement d. Other means e. None of these
38. Modern U.S. civil procedure began in 1938 with the adoption of the Federal Rules of Civil Procedure. a. True b. False
39. The number of jurors in criminal trials is different in federal and state courts. However, in civil trials both types of courts are allowed to use ________ person juries. a. 2 b. 4 c. 6 d. 8 e. 9
40. Duncan v. Louisiana (1968) involved issues concerning the ________ Amendment to the U.S. Constitution. a. First b. Fourth c. Fifth d. Sixth e. Eighth
41. In criminal appeals, appellants convicted of violent crimes are most likely to gain a reversal. a. True b. False
42. The U.S. Supreme Court and most state supreme courts can choose the cases they will hear. They are not required to hear all cases brought to them. This practice is called: a. Mandatory jurisdiction b. Civil appeals c. Discretionary jurisdiction d. Interlocutory appeals
43. State supreme courts attempts to reinvigorate state constitutions as sources of individual rights to enhance the rights in the U.S. Constitution is called new judicial federalism. a. True b. False
44. In policy formulation lawsuits, the U.S. Supreme Court and appellate courts may often raise questions of whether the party/parties have access to the court. The doctrines of access include: a. Justicability b. Standing to sue c. Taxpayer lawsuits d. Mootness of the case e. All of these choices
45. The U.S. Supreme Court declared the Communications Decency Act of 1996 unconstitutional in Ashcroft v. American Civil Liberties Union (2004). a. True b. False
46. In the twentieth century, there have been eight unsuccessful U.S. Supreme Court nominations in the U.S. Senate. Which of the following was an unsuccessful nomination? a. Earl Warren b. Clement Haynsworth c. Lewis Powell d. Charles Evans Hughes e. None of these
47. Presidents make strategic choices concerning the best nominee for the US Supreme Court, since the President faces political, institutional, and partisan constraints. a. True b. False