retention ex. ch.11

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retention ex. ch.11
2011-04-19 19:32:45
retention exercise

retention exercise chapter 11
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  1. who is the individual or organization that brings a compliant in court?
    • b.defendant
    • c.plaintiff
    • d.jurist
    • (c)
  2. the individual or organization against whom a compliant is brought in a criminal court or civil case is called a, b.defendant, c.plaintiff, d.jurist

  3. a system of jurisprudence, including private law, used to settle disputes that do not involve criminal penalties is called
    • a.public law, b.civil law, c.criminal law,d.socialogical law
    • *b
  4. a precedent allows a judge
    to use prior court decisions as a basis for deciding present cases
  5. what term is used for the category of law encompasing private law, civil law, and criminal law in which one party argues that a liscence is unfair
    • a.civil law,b.public law,c.rule of law, d.socialogical law
    • *b
  6. which of the following is the first court to hear criminal or civil case
    • a.supreme,b.trial,c.apeallate,d.supreme
    • *b
  7. the highest court in a particular state or in the united states is the
    • trial,municiple, apeallate,supreme
    • *d supreme
  8. appeallate courts
    • a.hear new evidence and witnesses
    • *b.* do not hear new evidence and witnesses
    • c.are the last word are on a particular case
    • d.rarely the last word on a particular case
  9. what are the negotiated agreements in criminal casses between the state and a defendant
    • *a*. plea bargain
    • b. habeas corpus
    • c. appeals
    • d. jury trails
  10. which court can hear cases involving treaties with other nations
    • municiple,county,state,federal
    • *federal
  11. why are federal court rulings important
    they interpret ultimatly what the constitution means
  12. what is the sphere of a courts power and authority called
    • scope,jurisdiction, appeallate force, system of review
    • *jurisdiction*
  13. the constitution gives what court the final say in all legislation
    supreme court
  14. the justice on th supremecourt who presides over the writing of opinions is
    majority leader, associate justice, *cheif justice*, rerely the person in the majority
  15. how many justices serve on the supreme court
    • 5,7,9,11
    • *9*
  16. which of the following is a true statement
    • a.the constitution limits the3 of justices to 9
    • *b.the constitution made no provisions the courts size*
    • c. fdr wanted to limit the # of justices to 7
  17. how are federal judges appointed?
    • a. peoples general election
    • *b. president nominates a candidate
    • c. senate nominates candidate
    • d. fellow judges choose
  18. the practice of asking approval of the senators from a federal judge nominees state before an official nomination is made by the president is called
    • a.good policies
    • *b*. senatorial courtesy
    • c. adjunction
    • d. congressional oversight
  19. person who acts as the government lawyer before the supreme court is general, *b*solicitor general, c. federal prosecuter,d. secretary of state
  20. a breif that is filed not by the direct participants in a case is called a
    a.perdiem,b.writ of certiorari,*c*friend of the court, d.habeas corpus
  21. the individuals that federal judges employ to research legal issues are called
    a.associate judges,b.assistance judges,*c*law clercks, secretarys
  22. the power of the supreme court to rule the acts of the other two branches unconstitutional is called
    a.judicial restraint,b.judicial activism,*c*judicial reveiw,d.nessasary and proper
  23. what supreme court case established judicial review
    a.mccullugh v maryland, *b*marbury v madison, c. schneck v united states
  24. the clause that states that all government activities must comply with the constitution is called the
    *a*supremecy clause, b. necessary and proper clause, c. extradition clause
  25. the requirement that every police officer informs a person of his or her rights when being arrested is called
    a.maria rule,*b*miranda rule, c.gideon rule, d. engel rule
  26. when nominating a justice to the u.s. supreme court, presidents
    • a.always select a nomminee from their own political party
    • *b* have sole authority to appoint to the judgship without approval of any other political party
  27. which of the following is not an accurate description of appointees to the u.s supreme court?
    • a. they have previous experiance in the judicial area
    • b. most are white male protestants
    • *c* they are typical representative of the public at large
  28. a supreme court justice who votes with the majority but does so for different constitutional reasons may write a
    a.majority opinion, b.dissenting opinion, *c*concurring opinion, d.conference opinon
  29. the constitution gives congress power over the supreme court to
  30. a.make the court a part of the executive branch
    • b.change its original jurisdiction
    • *c*rewrite legislation it feels the court has misinterpretated
  31. what can influence major shifts in the supreme court position on broad issues?
    • a.change in membership of the court
    • b.political trends
    • c.public opinion
    • *d* a,b,c
  32. the federal district courts are
    • a.courts of original jurisdiction
    • b.the only federal court that regularly use juries to determine the outcome of cases
    • c.the court that, in practice, make the final decision in the most federal cases

    *all of the above
  33. the highest law in the land in the U.S is
    a. declaration of independance,b. the supreme court,*c*the constitution, d.u.s treaties
  34. the primary function of the judiciary is to
    a.make law, b.hear cases from state courts, c.administer law,*d*interperet law
  35. the judiciary in the united states
    • *a*is a co-equal branch of government with the legislative and executive branches
    • part of the executive branch headed by the attorney general
    • c. is a tool of the legislative branch
  36. is the case bush v gore over the issue of whether to count "undervotes" in florida, the U.S supreme court
    • a.supported the decision of the florida court to have a statewide manual count
    • b.ruled all the votes in florida null and void resulting in the electoral votesof florida not being counted
    • *c*ended the 2000 presidential elections by not permitting the manual recount of under votes
  37. the judiciary is a political as well as a legal institution
  38. a concurring opinion of the court is always on the side of the majority
  39. the senate can fail to confirm a presidential nominee to the federal court system
  40. the U.S supreme court is is chosen through a partisan political process which assures that the justices are demographicly representative of the general charicteristics of the U.S population
  41. the supreme courts power of judicial reveiw anables it to keep the congress or president from building power by unconstitutional means
  42. the U.S judiciary is protected from outside influence of groups and the general public
  43. the U.S constitution requires that federal judges have legal training
  44. a dissenting opinion is a supreme court written opinion that differs from the majority decision and opinion
  45. the doctrine of judicial activism can have both liberal and conservative perspective
  46. all federal courts are bound by federal statues, adminstrative regulations, and treaties
  47. the supreme court is responsive to public opinion, although much less that congress and the president
  48. in most states judgships are elective offices