Test Bank for Introduction to Law, 7th Edition

Name: Class: Date: Chapter 02 The Courts 1. Statutes are generally written a. in general terms for application to all citizens. b. in highly specific terms for application to specific citizens. c. only for criminal issues. d. only to apply to U.S. citizens. ANSWER: a POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:10 PM DATE MODIFIED: 11/22/2018 9:11 PM 2. Originally, the U.S. Constitution provided for which of the following? a. Thirteen colonial courts b. Only military courts c. A single federal court d. Courts to be created by each of the states and overseen by the Congress ANSWER: c POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:11 PM DATE MODIFIED: 11/22/2018 9:12 PM 3. The Supreme Court most commonly employs what type of jurisdiction? a. State jurisdiction b. Appellate jurisdiction c. Pendent jurisdiction d. U.S. district court jurisdiction ANSWER: b POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:12 PM DATE MODIFIED: 11/22/2018 9:13 PM 4. Which court has the general authority to change the trial court’s verdict on review? a. Appellate court b. Municipal court c. Federal district court d. Judicial court Copyright Cengage Learning. Powered by Cognero. Page 1 Name: Class: Date: Chapter 02 The Courts ANSWER: a POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:13 PM DATE MODIFIED: 11/22/2018 9:14 PM 5. How many levels do the federal courts comprise (excluding specialty courts)? a. Three b. Six c. Nine d. Twelve ANSWER: a POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:14 PM DATE MODIFIED: 11/22/2018 9:15 PM 6. What is the initial step in case analysis? a. Understand the charges against the accused. b. Understand the various elements of the judicial opinion. c. Understand the law as it applies in an individual case. d. Conduct a thorough client interview. ANSWER: b POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:15 PM DATE MODIFIED: 11/22/2018 9:15 PM 7. What is the general function of the appellate court in all cases? a. Determine if a statute was constitutional. b. Determine if a statute was applicable in a particular case. c. Determine if a law was in violation of a federal statute. d. Determine if law was applied properly and fairly. ANSWER: d POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:16 PM DATE MODIFIED: 11/22/2018 9:16 PM Copyright Cengage Learning. Powered by Cognero. Page 2 Name: Class: Date: Chapter 02 The Courts 8. Which of the following is not a reason for the limited number of published trial court opinions? a. Cost-effectiveness b. Lack of customers to purchase the publications c. Limited value of trial opinions d. Frequency of overturned opinions ANSWER: d POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:17 PM DATE MODIFIED: 11/22/2018 9:17 PM 9. The goal of the case analysis is to identify why the appellate court ultimately agreed or disagreed with which court? a. Federal court b. District court c. Judicial court d. Trial court ANSWER: d POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:17 PM DATE MODIFIED: 11/22/2018 9:18 PM 10. A case brief contains two types of facts: occurrence facts and a. proven facts. b. documented facts. c. legal facts. d. undisputed facts. ANSWER: c POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:18 PM DATE MODIFIED: 11/22/2018 9:19 PM 11. The primary distinction between the appellate and trial court is a. the maximum penalty. b. the number of jurors. c. the role of each court. Copyright Cengage Learning. Powered by Cognero. Page 3 Name: Class: Date: Chapter 02 The Courts d. the type of evidence admitted. ANSWER: c POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:20 PM DATE MODIFIED: 11/22/2018 9:20 PM 12. Federal trial courts are known as a. U.S. circuit courts. b. U.S. district courts. c. U.S. federal courts. d. U.S. municipal courts. ANSWER: b POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:20 PM DATE MODIFIED: 11/22/2018 9:21 PM 13. What is the first step in preparing a case brief? a. Identify key issues. b. Identify key facts. c. Identify similar cases. d. Identify similar verdicts. ANSWER: b POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:21 PM DATE MODIFIED: 11/22/2018 9:22 PM 14. Legal analysis is performed with respect to statutes and a. administrative law and cases. b. administrative law and verdicts. c. published opinions and cases. d. published convictions and verdicts. ANSWER: a POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False Copyright Cengage Learning. Powered by Cognero. Page 4 Name: Class: Date: Chapter 02 The Courts DATE CREATED: 11/22/2018 9:22 PM DATE MODIFIED: 11/22/2018 9:23 PM 15. The specific elements of a judicial opinion are often written in which format? a. Bullet format b. Detailed format c. Key issue format d. Narrative format ANSWER: d POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:23 PM DATE MODIFIED: 11/22/2018 9:24 PM 16. What is the primary function of the U.S. Supreme Court today? a. Review all actions of the legislative and executive branches. b. Review all federal death sentences. c. Review laws from different states that may conflict with the Constitution. d. Review cases with resolved constitutional issues. ANSWER: c POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:24 PM DATE MODIFIED: 11/22/2018 9:25 PM 17. Who determines the boundaries for the circuit court of appeals? a. Congress b. Individual state’s executive branch c. Individual state’s judicial branch d. U.S. courts of appeals ANSWER: a POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:25 PM DATE MODIFIED: 11/22/2018 9:25 PM 18. When there are no judicial precedents, a judge must create one. This is known as a. administrative law. b. delegated law. Copyright Cengage Learning. Powered by Cognero. Page 5 Name: Class: Date: Chapter 02 The Courts c. common law. d. original law. ANSWER: c POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:26 PM DATE MODIFIED: 11/22/2018 9:26 PM 19. Judicial opinions from a single court are published in what manner? a. Annually b. Topically c. Sequentially d. Chronologically ANSWER: d POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:27 PM DATE MODIFIED: 11/22/2018 9:27 PM 20. In law-related professions, the term brief usually refers to some type of document containing a. legal pleadings. b. legal analysis. c. full court opinions. d. full statutory text. ANSWER: b POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/22/2018 9:27 PM DATE MODIFIED: 11/22/2018 9:28 PM 21. If a judge finds a statute inapplicable, another statute or legal principle from a previous case can be applied. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/22/2018 9:29 PM DATE MODIFIED: 11/22/2018 9:29 PM Copyright Cengage Learning. Powered by Cognero. Page 6 Name: Class: Date: Chapter 02 The Courts 22. The court’s decision is the final essential element of a case brief. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/22/2018 9:29 PM DATE MODIFIED: 11/22/2018 9:30 PM 23. The court of last resort is a state’s highest court. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/22/2018 9:31 PM DATE MODIFIED: 11/22/2018 9:31 PM 24. The judicial branch is the only route people can seek to obtain individual resolution of statutory legal issues. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/22/2018 9:31 PM DATE MODIFIED: 11/22/2018 9:32 PM 25. Case law significantly benefits the general public. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/22/2018 9:32 PM DATE MODIFIED: 11/22/2018 9:32 PM 26. The U.S. district courts can be used as courts of original jurisdiction. a. True Copyright Cengage Learning. Powered by Cognero. Page 7 Name: Class: Date: Chapter 02 The Courts b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/22/2018 9:33 PM DATE MODIFIED: 11/22/2018 9:33 PM 27. Congress does not have the authority to create new courts. a. True b. False ANSWER: False POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/22/2018 9:33 PM DATE MODIFIED: 11/22/2018 9:33 PM 28. Statutes provide highly detailed discussions of potential case scenarios. a. True b. False ANSWER: False POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/22/2018 9:34 PM DATE MODIFIED: 11/22/2018 9:34 PM 29. The current federal and state court systems consist of two basic types of courts. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/22/2018 9:34 PM DATE MODIFIED: 11/22/2018 9:35 PM 30. The terms common law and case law should not be used interchangeably. a. True b. False ANSWER: True POINTS: 1 Copyright Cengage Learning. Powered by Cognero. Page 8 Name: Class: Date: Chapter 02 The Courts QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/22/2018 9:35 PM DATE MODIFIED: 11/22/2018 9:35 PM Match the most appropriate term to the definition. a. U.S. district courts b. legal analysis c. three-tier d. trial e. protection of the Constitution f. case analysis g. U.S. circuit court of appeals h. appellate i. federal court of appeals j. state court QUESTION TYPE: Matching HAS VARIABLES: False DATE CREATED: 11/22/2018 9:35 PM DATE MODIFIED: 11/22/2018 9:39 PM 31. The method of breaking a judicial opinion into basic components for comparison with other circumstances ANSWER: f POINTS: 1 32. Trial-level courts within the federal judicial system ANSWER: a POINTS: 1 33. A type of court in which evidence is presented and the verdict is rendered ANSWER: d POINTS: 1 34. A function of the judicial system ANSWER: e POINTS: 1 35. Not generally subject to the authority of lower federal courts ANSWER: j POINTS: 1 36. Function that involves review of the action of subordinate courts ANSWER: h Copyright Cengage Learning. Powered by Cognero. Page 9 Name: Class: Date: Chapter 02 The Courts POINTS: 1 37. The general process of examining precedent and predicting its effect on current or potential circumstances ANSWER: b POINTS: 1 38. A court within the appellate level of the federal court system ANSWER: i POINTS: 1 39. Eleven courts of equivalent authority ANSWER: g POINTS: 1 40. The levels of the federal and about one-half of the state court systems ANSWER: c POINTS: 1 Match the most appropriate term to the definition. a. certiorari b. state courts c. U.S. courts of appeals d. U.S. Supreme Court e. U.S. district courts QUESTION TYPE: Matching HAS VARIABLES: False DATE CREATED: 11/22/2018 9:40 PM DATE MODIFIED: 11/22/2018 9:42 PM 41. The court most responsible for establishing legal standards ANSWER: c POINTS: 1 42. Has authority to reach parties beyond its own state boundaries in some instances ANSWER: b POINTS: 1 43. Primary function is one of review ANSWER: d POINTS: 1 44. Most review actions of trial courts within a specified region that generally crosses several states ANSWER: e POINTS: 1 Copyright Cengage Learning. Powered by Cognero. Page 10 Name: Class: Date: Chapter 02 The Courts 45. Authority of the court to accept a review when there is no right to review it, but it would serve the interests of justice ANSWER: a POINTS: 1 Copyright Cengage Learning. Powered by Cognero. Page 11