Chapter 2 - Structures of American Law - Concepts

Question 1

(1) is one of the hallmarks of the American constitutional system. Each state has its own (2) and (3), though state statutes adopted are subordinate to the (4) and (5).

Answer 1

1. Federalism
2. machinery of government
3. state constitution
4. US Constitution
5. laws adopted by Congress

Question 2

8 powers designated to national government

Answer 2

1. make treaties
2. make laws that govern high seas
3. coin money
4. regulate standards of weights and measures
5. regulate international trade
6. regulate immigration/naturalization
7. provide for national
8. primarily regulate interstate commerce

Question 3

4 powers delegated to states

Answer 3

1. Establish and control local governments (cities, townships, counties)
2. Conduct elections and apportion electoral districts (in compliance with federal standards)
3. primary police power
4. primary authority over commerce within borders

Question 4

Police power is the power to make laws in furtherance of (1), (2), (3) and (4).

Answer 4

1. public health
2. safety
3. welfare
4. morality

Question 5

7 concurrent powers – powers vested in state and national government

Answer 5

1. power to tax
2. power to spend and borrow money
3. enact legislation
4. charter and regulate banks
5. establish courts of law
6. establish administrative/regulatory agencies
7. eminent domain

Question 6

Some common features exist between state and nation governments. Each is based on a (1), which represents the fundamental and supreme law within the system. Each is based on the principle of (2) among the three branches. Each system has a (3) that enacts statutes which apply generally within the system. Each has a (4) responsible for administering government, and each has a (5) located within its executive branch. Each has its own set of (6).

Answer 6

1. constitution
2. separation of powers
3. legislature
4. chief executive
5. bureaucracy
6. law enforcement agencies

Question 7

Each of the 51 legal systems also has a (1) or (2) that represents the interests of people within its jurisdiction on both civil and criminal matters. Each also has its own (3) which interpret constitutional provisions and exercise judicial review.

Answer 7

1. governmental law office
2. attorney general’s office
3. court system

Question 8

Legislatures in the US (1) and are composed of the the people’s elected representatives chosen through (2). Two types of legislators exist–(3), who discern what constituents prefer and vote accordingly, and (4), who rely on a sense of what is best. Most use a combination of these techniques, and (5) also come into play.

Answer 8

1. make laws
2. free and fair elections
3. constituents
4. trustees
5. partisan politics

Question 9

The US national legislature is Congress. The Constitution sought to (1) on its powers delegated in the Articles of Confederation, giving it (2), like the power to tax and regulate interstate commerce, as well as (3), demonstrated in the Necessary and Proper Clause. Congress legislates broad areas, but may not violate (4).

Answer 9

1. expand
2. enumerated powers
3. implied powers
4. Constitutional limitations (Bill of Rights)

Question 10

Congress also has the power of (1) to ensure the Executive Branch is carrying out its laws as intended. For help with this, Congress has the power to (2) to agencies within the Ex Branch.

Answer 10

1. oversight

2. delegation of legislative powers

Question 11

Congress also acts in a judicial fashion when it uses its power to (1), which requires charges brought by the (2) and a 2/3 (3) majority in trial.

Answer 11

1. impeach
2. House of Representatives
3. Senate

Question 12

Laws enacted by Congress begin as (1) introduced by members of either the Senate or HoR. Bills to raise revenue must begin in the (2). Once assigned, a (3) discusses and chooses whether to approve the bill. If approved, it is sent to the (4) for a vote. To pass, an (5) must pass simple majority vote in both chambers.

Answer 12

1. bills
2. House of Representatives
3. committee
4. floor
5. identical form of the bill

Question 13

Once a bill passes, it is sent to the President, who has three options:

Answer 13

1. Veto the bill (overridden by a 2/3 majority in both chambers)
2. Sign the bill into law (usually happens)
3. Fail to act, causing the bill to become law automatically in 10 days

Question 14

Once a bill becomes law, it is published in the (1), arranged by the order in which statutes were adopted. The (2) is a listing that arranges statutes by 50 subjects, or (3) and contains the most current decisions on each. The (4) is a version of the US Code, but with annotations including how court decisions have interpreted statutes.

Answer 14

1. United States at Large
2. US Code
3. Titles
4. United State Code Annotated (USCA)

Question 15

All state legislatures except Nebraska’s are (1). When statutes are adopted by state legislatures, they are published in volumes known as (2) and then integrated into (3). After the American Revolution, the states adopted (4) but eventually enacted statutes to (5) it. Periodically, states revise codes for relevancy, repealing, for example, offenses (6).

Answer 15

1. bicameral
2. session laws
3. state codes
4. common law
5. codify
6. no longer enforced

Question 16

Trial courts (1) and are the (2), Appellate courts are not fact finding bodies; rather, they (3), (4) and (5).

Answer 16

1. make factual determinations
2. primary settlers of legal disputes
3. review proceedings of lower courts
4. correct errors
5. settle unresolved legal issues

Question 17

Law evolves not only through the (1) but also through a process of (2) in the context of particular cases. These cases arise in federal or state courts.

Answer 17

1. legislative process

2. judicial interpretation

Question 18

4 things Congress regulates with regard to the judicial branch

Answer 18

1. structure of federal judiciary
2. number of federal judges
3. jurisdiction of lower federal courts
4. funding for federal judiciary

Question 19

Courts have jurisdiction (ability to hear a case) with regard to (1), (2), and (3). The jurisdiction of the SC is provided for in (4), though Congress may regulate its appellate authority, Jurisdiction of (5) is determined solely by Congress.

Answer 19

1. categories of persons
2. specific geographical areas
3. particular types of issues
4. Article III
5. lower federal courts

Question 20

Two basic categories of federal jurisdiction

Answer 20

1. federal question jurisdiction

2. diversity of citizenship jurisdiction

Question 21

Federal question jurisdiction is a case that handles a question arising in the (1), a (2), (3) (4) or (5). Most important issues of (6) an be framed as issues of federal law.

Answer 21

1. US Constitution
2. federal statute
3. regulation
4. executive order
5. treaty
6. public policy

Question 22

Diversity of citizenship applies only to (1). A case must involve parties from (2) and an amount in controversy exceeding (3),

Answer 22

1. civil cases
2. different states
3. $75,000

Question 23

Federal courts also have sole jurisdiction over (1). Each federal court has its own (2).

Answer 23

1. bankruptcies

2. bankruptcy court

Question 24

The (1) are the major trial courts in the federal system. There are currently (2) federal judicial systems, allocated to states by population/caseload. Normally only one judge presides at hearings/trials, but in exceptional cases there may be (3). Over a 25 year period, criminal cases have rose disproportionately to civil cases–due in large part to the (4) and other expansions of law enforcement.

Answer 24

1. United State District Courts
2. 94
3. three
4. war on drugs

Question 25

The intermediate appellate courts in the federal system are called the (1) Prior to their existence in 1891, appeals were heard by the (2) or (3).

Answer 25

1. United States Court of Appeals
2. Supreme Court
3. Circuit Courts

Question 26

The US Court of Appeals are often referred to as (1) because each one hears appeals from District Courts located in its (2). There are (3) of them plus one to hear (4).

Answer 26

1. circuit courts
2. circuit
3. 12
4. specialized cases

Question 27

The Court of Appeals of the District of Columbia has the important additional function of hearing appeals from numerous (1) in the (2).

Answer 27

1. quasi-judicial tribunals

2. federal bureaucracy

Question 28

Appeals in the circuit courts are normally decided by a rotating panel of (1) but under exceptional circumstances these courts will decide cases (2), or with all judges of the court present.

Answer 28

1. three judges

2. en banc

Question 29

Although Article III specifically recognizes the United States Supreme Court, it was not formally established until the (1). It is currently composed of a (2) and (3), expanded from its original number by (4).

Answer 29

1. Judiciary Act of 1789
2. Chief Justice
3. 8 Associate Justices
4. Congress

Question 30

As the Nation has become more (1), (2) and (3), the Supreme Court’s caseload has swelled.

Answer 30

1. populous
2. complex
3. litigious

Question 31

Due to Congress expansion of District Courts, the Supreme Court has sole original jurisdiction only in (1). The District Courts and SC have concurrent jurisdiction in cases dealing with (2).

Answer 31

1. cases between the US government and a state government

2. ambassadors, other public Ministers and Consuls

Question 32

Four places appellate cases for the SC, which can be limited by Congress, may come from

Answer 32

1. 13 Courts of Appeals
2. US Court of Appeals for Armed Forces
3. Directly from District Courts (special circumstances)
4. Courts of last resort for states (usually state supreme courts)

Question 33

By Congress’ limitation of (1), Supreme Court’s appellate jurisdiction is almost entirely discretionary. The Court may grant writ of certiorari in cases dealing with (2). the Court sometimes uses this flexibility in its (3) to avoid cases that are (4).

Answer 33

1. appeals of right
2. substantial federal questions
3. policymaking role
4. “too hot to handle”

Question 34

Congress has rarely (1) the SC’s appellate jurisdiction, but instead has given it control over its own agenda, in part by delegating the Court authority to promulgate (2) for itself and for (3).

Answer 34

1. limited
2. rules of procedure
3. lower federal courts

Question 35

Litigants of (1) who have exhausted all appellate remedies, and litigants of (2) who have exhausted all appellate remedies and whose issue involves a (3), may file a petition for certiorari. At least (4) must vote to grant certiorari.

Answer 35

1. lower federal courts
2. state courts
3. substantial federal question
4. four justices

Question 36

Under Article I, Congress has set out its own (1), whose judges serve set terms of office (unlike in the SC) and whose decisions are appealable to the (2).

Answer 36

1. tribunals

2. US Court of Appeals

Question 37

3 examples of Congressional tribunals and what they do

Answer 37

1. Tax Court (disputes between taxpayers and IRS)
2. Court of Veterans’ Appeals (reviews decisions by Board of Veterans’ Appeals regarding claims to benefits)
3. Court of Federal Claims (adjudicates tort claims against the federal government)

Question 38

The (1) adjudicates controversies between the fed and importers of foreign goods. It has been declared an (2) and its nine judges are (3).

Answer 38

1. Court of International Trade
2. Article III court
3. appointed for life

Question 39

The President appoints (1); these appointments are subject to (2). Their life tenures were intended to make federal courts independent of (3) and (4), but some do not agree with these.

Answer 39

1. federal judges
2. Senate approval
3. partisan forces
4. transitory public passions

Question 40

Impeachment of a federal judge requires approval of (1) by a majority vote in the (2) and a (3) vote in Senate after a trial presided over by the (4).

Answer 40

1. one or more articles of impeachment
2. House of Representatives
3. 2/3
4. SC Chief Justice

Question 41

Only one Supreme Court justice has ever been impeached, and it was not confirmed by Senate. Federal judges do not have to worry that their (1) might cost them their jobs; instead impeachment depends on (2) or a (3).

Answer 41

1. decisions
2. criminal conduct
3. serious breaches of judicial ethics

Question 42

(1) are appointed by the judges of the federal district courts for a period of eight years. They replace (2) in presiding over (3), (4) and (5).

Answer 42

1. Federal magistrate judges
2. commissioners
3. pretrial proceedings (civil and criminal)
4. misdemeanors
5. civil trials (with consent of both parties)

Question 43

The (1) gives (2) jurisdiction to try all offenses under the Code committed by military personnel. These offenses include (3) and (4).

Answer 43

1. Uniform Code of Military Justice
2. courts-martial
3. regular civilian crimes
4. offenses particular to the military/navy (AWOL, desertion)

Question 44

Court-martial proceedings are initiated by commanders of military units, referred to as (1), who appoint court members. Military lawyers, called (2), serve as judge, trial counsel and defense counsel. Rules of procedure/evidence are prescribed by the (3); these are incorporated in the (4).

Answer 44

1. convening authorities
2. judge advocates
3. President
4. Manual for Courts-Martial

Question 45

Decisions of courts-martial are reviewed by (1) in each (2). In specified instances, they are reviewed by the (3) and then can move on to the Supreme Court.

Answer 45

1. military courts of review
2. branch of the armed forces
3. United States Court of Appeals of the Armed Forces

Question 46

The great majority of cases are decided by (1), not (2).

Answer 46

1. state courts

2. federal courts

Question 47

4 types of cases almost always resolved by state courts

Answer 47

1. criminal cases
2. property law, real estate, probate, inheritance
3. contract disputes
4. family law

Question 48

State trial court and appellate courts go by
(1). Many states have (2) for minor or specialized cases. Each state has a (3), usually called the (4), which speaks with finality on matters of state law. Most states also have (5) to take the caseload from supreme courts.

Answer 48

1. many different names
2. courts of limited jurisdiction
3. court of last resort
4. state supreme court
5. intermediate appellate courts

Question 49

In judge selection, advocates of (1) usually support an elective system. Advocates of (2) argue for an government appointment with life tenure or long terms. The compromise approach between these two is known as the (3)–this balances (4), (5) and (6) of state judges.

Answer 49

1. judicial accountability
2. judicial independence
3. Missouri Plan
4. competency
5. independence
6. accountability

Question 50

3 elements of the Missouri Plan

Answer 50

1. Qualified applicants are reviewed and recommended to the governor by a non-partisan judicial commission
2. Governor appoints
3. Voters are asked whether judges should be retained

Question 51

Impeachment of state judges usually follows the (1), but additionally state legislatures have created (2) which reprimand, censure or suspend judges whose violations do not rise to the level where impeachment is warranted.

Answer 51

1. federal model

2. judicial disciplinary commissions

Question 52

In most states, the (1) is the rulemaking body for the state judiciary, but local courts can establish their own (2). The state supreme court also has (3) and (4).

Answer 52

1. supreme court
2. rules of practice
3. administrative responsibility over the courts
4. supervisory power over law practice

Question 53

Most criminal cases are resolved by (1) obtained in (2). A (3) triggers a trial. Many civil disputes are (4) or (5).

Answer 53

1. guilty pleas
2. plea bargaining
3. not guilty
4. settled through negotiation
5. dismissed

Question 54

Courts have the power to issue (1) in civil and criminal cases. They can (2), award damages, issue injunctions and (3), and issue orders, (4) and decrees.

Answer 54

1. binding judgments
2. sentences convicted persons according to law
3. restraining orders
4. writs

Question 55

4 types of writs courts can order, and what they do

Answer 55

1. Writ of mandamus - requires public official to perform a legal duty
2. writ of habeas corpus - orders a party to show cause for holding a person in custody
3. writ of prohibition - orders a lower court not to take jurisdiction in a particular case
4. writ of certiorari - calls up record of lower court proceeding to be reviewed for error

Question 56

Courts can hold in contempt parties who (1) or (2). Criminal contempt is the offense of engaging in (3) in court or so close to court as to disrupt (4), and it is punishable by fine, imprisonment or both. (5) was cited for contempt during his misconduct investigations.

Answer 56

1. disrupt court proceedings
2. refuse to comply with court orders
3. contemptuous behavior
4. judicial proceedings
5. President Clinton

Question 57

(1) is a sanction imposed to coerce a recalcitrant person to obey a court order. One example is (2). A judge may (3) until he agrees to obey, and sentencing is limited only by (4).

Answer 57

1. Civil contempt
2. child support
3. confine a person in jail
4. “reasonableness”

Question 58

Appellate judges strive for (1) even if it is never perfectly achieved. They draw from various sources in (2). They are (3)–decisions are made by panels of judges instead of individuals, and they justify their interpretations through (4).

Answer 58

1. objectivity
2. reviewing interpretations of law
3. collegial courts
4. written opinions

Question 59

Chief executives – (1). (2), and (3) – can issue executive orders which carry the (4),

Answer 59

1. mayors
2. governors
3. presidents
4. force of law

Question 60

Presidents and governors can also (1) enacted by legislatures, and they can (2). The (3) is actually an effort to get Congress to enact an agenda; the same thing happens at the state level. Of course they also play a role in (4).

Answer 60

1. veto bills
2. propose legislation
3. annual state of the union
4. enforcing laws

Question 61

In (1), the Supreme Court refused to allow a delay requested in Arkansas to desegregate schools per Brown v. Board of Education. This was due in part to (2) decision to send in troops to help enforce the law, completely contradicting the governor’s calling of the (3) to do the opposite. This case was a testament to the importance of the (4)’s power to uphold the Constitution.

Answer 61

1. Cooper v. Aaron
2. Eisenhower’s
3. National Guard
4. executive branch

Question 62

The modern chief executive sits atop a massive bureaucracy. It includes (1), which carry out government programs like social security, and (2), such as the EPA, which create and enforce regulations in specific policy areas, using powers delegated to them by the (3).

Answer 62

1. administrative agencies
2. regulatory agencies
3. legislatures

Question 63

Most agencies are located within the (1) of the executive branch; however, (2) are freestanding entities over which presidents and governors have less control. They are typically directed by (3) whose members are appointed for set terms of office. Their decisions can still be controlled to some extent by (4).

Answer 63

1. major departments
2. independent agencies
3. boards
4. budgetary process

Question 64

Legal issues pertaining to functions and processes of administrative and regulatory agencies are subject to (1).

Answer 64

1 administrative law

Question 65

3 umbrella functions law enforcement agencies serve

Answer 65

1. investigating crime
2. arresting suspects
3. assisting prosecutors

Question 66

In addition to their basic functions, people increasingly expect law enforcement agencies to (1), (2), and under the rubric of community-oriented policing, (3) and (4).

Answer 66

1. keep crimes from occurring
2. maintain public peace and order
3. provide assistance to people in need
4. assist in resolving conflcts

Question 67

Law enforcement agencies are subject to limits of federal and state (1). If they violate the law, they can be (2), (3) and even (4). Such was the case with the officers who beat Rodney King and were prosecuted under (5).

Answer 67

1. constitutions
2. disciplined by internal affairs employees
3. subject to civil suits
4. prosecuted for crimes
5. federal civil rights laws

Question 68

5 particular rights afforded to citizens against law enforcement agencies

Answer 68

1. unreasonable search and seizures
2. arbitrary arrests
3. prolonged detentions
4. coerced confessions
5. police brutality

Question 69

6 examples of types of federal law enforcement agencies

Answer 69

1. US Marshals Service
2. Federal Bureau of Investigation
3. Secret Service
4. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
5. Internal Revenue Service
6. Immigration and Customs Enforcement (ICE)

Question 70

Were once the only law enforcement authorities on the western frontier; now are responsible for executing federal warrants, pursuing and arresting federal fugitives, transporting federal prisoners and protecting federal judges and witnesses

Answer 70

US Marshals Service

Question 71

The FBI is the primary agency empowered to investigate (1). Located in the (2) and by far the most powerful of law enforcement agencies, the FBI is best known for its (3). On numerous occasions in the past the FBI was accused of exceeding the limits of the law and (4).

Answer 71

1. federal crimes
2. Department of Justice
3. Ten Most Wanted List
4. infringing the rights of citizens

Question 72

Using the Secret Service to protect the Pres and VP, their families, presidential candidates and visiting heads of state was an afterthought to its original law enforcement function–(1). Today the Secret Service enforces laws against (2) and various types of (3).

Answer 72

1. preventing counterfeit of paper money
2. federal government checks and bonds
3. fraud

Question 73

The (1) finds itself at the center of debates about gun control. It also (2) and (3)
manufacture/importation of tobacco products, and (4) distilleries, wineries and breweries. It became known when, enforcing gun control laws, it shot tear gas canisters into the (5) compound in Waco, Texas.

Answer 73

1. ATF
2. taxes
3. licenses
4. regulates
5. Branch Davidians

Question 74

The (1) is at the front lines of the war on drugs. Its mission is to (2) and (3).

Answer 74

1. Drug Enforcement Administration
2. enforce federal drug laws
3. provide assistance to other federal agencies

Question 75

ICE is a key component of the the fed’s (1). This agency is in charge of (2) and (3) illegal immigrants.

Answer 75

1. Joint Terrorism Task Force
2. apprehending
3. deporting

Question 76

States have their own (1) to deal with specific areas, such as traffic safety and hunting and fishing. Oklahoma has its own (2), Other examples of local law enforcement agencies are (3) and (4).

Answer 76

1. law enforcement agencies
2. bureau of investigation
3. sheriff’s office
4. municipal law enforcement agencies

Question 77

Sheriffs date back to their titles of (1) in 9th Cent England. As the English legal system evolved, they were responsible for (2), (3) and (4). Where they were once appointed by governors, today they are (5). In some areas, sheriffs serve as the principal law enforcement agents at the (6).

Answer 77

1. shire reeves
2. arresting/detaining person accused of crimes
3. serving summonses and subpoenas
4. maintaining jails and workhouses
5. elected
6. county level

Question 78

Dating back to Sir Robert Peel’s request to (1) to establish a metropolitan police force, municipal law enforcement agencies are now charged with (2) and (3). Traditionally they were afforded little job training; now they are largely held to (4).

Answer 78

1. Parliament
2. enforcing state criminal laws
3. local ordinances enacted by their municipalities
4. standards of certification

Question 79

4 important functions of a prosecutor

Answer 79

1. determine whether to prosecute (prosecutorial discretion)
2. determine what charges to bring
3. set tone for plea bargaining
4. have voice in determining severity of sanctions imposed

Question 80

The Attorney General is the (1) and head of the (2). Below him are (3) who prosecute crimes within federal districts. These guys are all (4) with (5). Below them are the assistant US Attorneys, (6), who apply for the position.

Answer 80

1. chief prosecutor
2. Department of Justice
3. US Attorneys
4. appointed by the President
5. Senate approval
6. federal civil service employees

Question 81

In addition to regular federal prosecutors, Congress has provided for appointment of (1) to prosecute misconduct in government officials. A famous example was (2) investigating Clinton. Congress voted not to extend (3) but not their ability to appoint independent counsel.

Answer 81

1. independent counsel
2. Kenneth Starr
3. the law under which Starr was appointed

Question 82

Each state has its own (1) and a number of (2), plus (3) at the local level. They are generally elected for set terms. (4) and (5) also have their own attorneys, usually for civil suits and legal advice.

Answer 82

1. attorney general
2. assistant attorneys general
3. district or state’s attorneys
4. cities
5. counties

Question 83

In common law England, trial lawyers were called (1) and attorneys who provided other services were called (2). Today they are called trial lawyers and (3), respectively. Lawyers today are increasingly (4).

Answer 83

1. barristers
2. solicitors
3. office lawyers
4. specialized

Question 84

Most commonly the path to become a lawyer is a three-year course at an (1). Most states require a (2) degree to take the the bar exam. A prospective law student must (3), (4) and (5).

Answer 84

1. ABA-accredited law school
2. Juris Doctor
3. have a four-year college degree (in anything)
4. do well on the LSAT
5. have a good GPA

Question 85

The (1) was once the principal method of instruction at law schools, using a (2) in which students recite cases and answer questions about its implications in law. Many law courses culminate in test that request the student apply law to (3). This is an increased emphasis on (4) and (5) where students learn to “perform like lawyers.”

Answer 85

1. case method
2. Socratic Method
3. hypothetical factual situations
4. clinical
5. skills

Question 86

Licensed attorneys have been (1) by passing a written exam. Usually the (2) oversees the bar admission policies. Bar applicants take an oath to (3) and adhere to ethical requirements. Some states have a (4) that has delegated authority to regulate the profession.

Answer 86

1. “admitted to the bar”
2. highest court in the state
3. uphold state/federal constitutions
4. unified bar

Question 87

Some states require (1) to the bar association, which has come under fire when they are used to pay for (2). Being admitted to the bar in one state does not permit practice in (3) or (4). Attempts in 1975 by BAs to adopt minimum fee schedules to oust cost-cutting practitioners were thwarted by the SC who said they violated (5).

Answer 87

1. dues paid
2. lobbying activities
3. other states
4. federally
5. antitrust laws

Question 88

Law has grown exceedingly (1) and (2), leading to (3) and, in turn, specialization which requires (4).

Answer 88

1. complex
2. competitive
3. advertising
4. certification

Question 89

In recent years the paralegal has come on the scene, who is (1) and trained to assist attorneys in (2) and (3).

Answer 89

1. educated in basic legal studies
2. drafting legal documents
3. preparing cases

Question 90

While some lawyers look down on it (1) may help clients find lawyers. Also assisting with that are referrals from (2), (3), and (4).

Answer 90

1. truthful advertising
2. membership organizations
3. prepaid legal insurance
4. group legal plans

Question 91

In (1) a state Bar rule prohibiting injury lawyers from soliciting those involved in an accident within the month, was challenged by a lawyer as a violation of the First Amendment. Although the bar rule was upheld, the SC was divided on the issue.

Answer 91

1. Florida Bar v. Went for It, Inc

Question 92

Professional responsibility of lawyers is a major topic, and many state legislatures and highest courts of state have codes patterned after the (1) promulgated by the (2). Violation of ethical standards can result in (3) or (4) by a judge.

Answer 92

1. Model Code of Professional Conduct
2. ABA
3. discipline
4. contempt of court

Question 93

7 ethical duties of lawyers

Answer 93

1. Charge reasonable fees
2. provide competent representation
3. act with reasonable diligence in handling the client’s interests
4. be loyal to the client
5. keep the client advised of progression
6. avoid conflicts of interest
7. exercise candor in dealing with courts and agencies

Question 94

Clients may file (1) against attorneys in violation of standards of professional responsibility, which could result in disciplinary action like (2) or (3). A (4) may also be brought against an attorney for misconduct or negligence.

Answer 94

1. grievances
2. reprimand
3. disbarment/suspension
4. malpractice suit

Question 95

The adversarial system is based on a (1) who does not participate in (2) of the crime. The judge must apply (3) impartially to lawyers who present evidence and arguments in support of their case while (4) of the other side.

Answer 95

1. neutral judge
2. investigation
3. detailed procedural rules
4. demonstrating weaknesses

Question 96

(1) are not essential to the adversarial system, but are a vital part of the American system as a (2). (3) was an early supporter of this idea. Sometimes jury duty brings (4) while jury verdicts bring (5).

Answer 96

1. Juries
2. check on government
3. William Blackstone
4. frustration
5. outrage (Casey Anthony, OJ)

Question 97

Juries are selected from a (1) of the adult community, and their (2) can be challenged by parties. The trend is to allow juries to have lawyers (3), over which the judge exercises (4).

Answer 97

1. cross-section
2. qualifications to render a fair/impartial verdict
3. pose their questions to witnesses
4. broad discretion

Question 98

9 basic steps in a trial

Answer 98

1. Opening Statements (theories of case, evidence to be presented)
2. Direct Examination by Pros/Plaintiff (and presentation of documents/physical evidence)
3. Cross-Examination by Defense (attempt to discredit testimony of pros. witnesses)
4. Motions by Defense (to dismiss or grant acquittal/discharge of def)
5. Direct Exam by Defense
6. Cross Exam by Plaint/Pros
7. Closing Arguments (summary of evidence, attempt at persuasion of jury or court)
8. Jury instructions (how law applies to the case, responsibilities in arriving at a verdict)
9. Verdict and judgment (Jury returns verdict, which is turned into a judgment and sentencing)

Question 99

In a non-jury trial the court makes a (1) of the case and enters judgment accordingly.

Answer 99

1. disposition

Question 100

There are alternative methods to traditional means of conflict resolution that are more (1) and (2). These take several forms, both (3) and (4).

Answer 100

1. economical
2. informal
3. voluntary
4. involuntary

Question 101

(1) is a voluntary method of dispute resolution that involves an arbitrator or (2) selected by the parties. Despite informality, parties agree to (3), and judicial review is limited to (4).` To speed resolution of court cases, some jurisdictions have adopted (5).

Answer 101

1. Private arbitration
2. panel of arbitrators
3. be bound by the decision
4. misconduct by the arbitrators
5. court-ordered arbitration

Question 102

(1) remains the primary tool of alternative dispute resolution and may be a means of settling pending litigation before trial.

Answer 102

Negotiation

Question 103

(1) is a popular form of alternative dispute resolution. In this a third party facilitates the disputants’ reaching of a (2). Parties are encouraged to (3) with the understanding that their communications are confidential. Mediation is often done by (4). Sometimes (5) will order a mediator for pending cases. Mediation often allows for more (6) than will be found in court and, when a decision is reached, that is put in writing and (7).

Answer 103

1. Mediation
2. mutually agreeable settlement
3. communication freely
4. experienced lawyers
5. courts
6. flexibility
7. filed in the court

Question 104

Other forms of alternative dispute resolution include (1), in which proof is submitted and an advisor proposes a decision, and (2), in which summaries of cases are presented to mock juries, who render advisory verdicts which may be accepted by the parties.

Answer 104

1. mini trials

2. summary jury trials

Question 105

Lecture : Reserved powers are specifically reserved for the (1) under the (2) Amendment.

Answer 105

1. states

2. 10th

Question 106

Lecture: Under Article I, Sect. 8 is Congress’ (1) of Necessary and Proper, which points directly to its (2) or (3) powers.

Answer 106

1. granted powers
2. implied
3. inherent

Question 107

Lecture : If an inconsistency exists between state laws, the (1) must solve them. This is similar to contract conflict laws, which name a particular (2) to solve disputes. If appeals courts in different districts make conflicting decisions, the (3) must solve this.

Answer 107

1. federal courts
2. state
3. Supreme Court

Question 108

Lecture: The US Court of Appeals has no (1) and can only hear (2).

Answer 108

1. original jurisdiction

2. appeals from federal courts

Question 109

Lecture : The Supreme Court is currently composed of (1) and (2). The number of these can be edited by (3)–(4) pushed to do this during his term so he could appoint friends and have more power. Appointing power demonstrates the power of the executive branch to have (5)

Answer 109

1. a chief justice
2. 8 associate
3. Congress
4. FDR
5. philosophies carried forward for life terms

Question 110

Lecture : Double jeopardy…actually a person can be tried twice for the same crime, as long as it is (1). An example of this is Arizona’s filing as a (2) for the (3).

Answer 110

1. tried in different courts
2. backup to federal court (release on appeal)
3. Jarrod Loughner case

Question 111

Lecture : A (1) does not make s decision but helps parties make one, and is basically a private judge. An (2) makes a decision but less formally than in court.

Answer 111

1. mediator

2. arbitrator