ch2 Flashcards

1
Q

_________________ is the principle that a court must respect decisions of a higher court on a settled legal issue.

A

Stare decisis

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2
Q

Judges _________ the law.

A

interpret

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3
Q

Which of the following can legally nullify (countermand, repeal, reverse) a ruling of the highest court of a state or the federal government?

A

A constitutional amendment

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4
Q

A civil lawsuit usually begins by filing a document called a/an

A

complaint or petition

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5
Q

In a federal court, a case involving an automobile accident would be decided on the basis of which of the following?

A

The law of the state in which the accident occurred

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6
Q

Rules of construction include all of the following except:

A

The consequences of one interpretation over another should not be considered.

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7
Q

Which of the following is not part of the common law?

A

A Treatise of Human Nature

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8
Q

The four sources of public law in the United States are constitutions, statutes, administrative regulations, and ________.

A

judicial decisions

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9
Q

______________ interpret questions of law.

A

Appellate courts

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10
Q

The type of law that is made by the executive branch of government is known as which of the following?

A

Administrative

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11
Q

Federal and state courts have _______ jurisdiction in cases arising under any federal statute that does not confer ________ jurisdiction to the federal court system.

A

concurrent; exclusive

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12
Q

The US Supreme Court consists of how many justices?

A

Nine

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13
Q

Which of the following statements best describes how cases reach the US Supreme Court?

A

The justices have discretion to choose which cases they want to decide

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14
Q

There are _____ US Courts of Appeals.

A

13

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15
Q

Which of the following is a discovery device used in virtually every medical malpractice case?

A

Request for production of documents

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16
Q

The concept of checks and balances describes which of the following?

A

The fact that no branch of government has priority of another