Midterm

Question 0

Our system is one of ________ federalism

Answer 0

Cooperative

Question 1

An agency or unit of the judicial branch of government, authorized or established, and with authority to decide upon cases, controversies of law and disputed matters brought before it.

Answer 1

Court

Question 2

A system of govt where some of the lines b/w federal and state power are blurred.

Answer 2

Cooperative federalism

Question 3

T/F

The Declaration of Independence recognizes the “creator” as a source of rights?

Answer 3

True

Question 4

This refers, generally, to some prior action that guides current action

Answer 4

Precedent

Question 5

Rules promulgated by government agencies that have been given their authority by the executive branch or legislative branch

Answer 5

Administrative regulations

Question 6

The 1st 10 amendments of the U.S Constitution

Answer 6

Bill of Rights

Question 7

T/F

The 6th Amendment deals with rights against search and seizures.

Answer 7

False

Question 8

Is our court system an adversarial justice system? Why/why not?

Answer 8

Yes

It pits two parties against each other in the pursuit of the truth

Question 9

Civil wrongs recognized by law to be grounds for a lawsuit

Answer 9

Torts

Question 10

This term means the party will be held liable regardless of culpability.

Answer 10

Strict liabilty

Question 11

The category of civil law that is concerned with how property is passed from one generation to the next.

Answer 11

Law of succession

Question 12

This category of civil law is concerned with acceptable uses of property such as those spelled out in zoning laws

Answer 12

Property laws

Question 13

Body of the crime

Answer 13

Corpus delecti

Question 14

The criminal act

Answer 14

Actus reus

Question 15

A guilty mind

Answer 15

Mens rea

Question 16

T/F

The legislative branch can exert indirect control over the courts

Answer 16

True

Question 17

Legislative bodies have both ______ and _________ control over the courts.

Answer 17

Direct and Indirect

Question 18

How does the legislative branch have indirect control over courts?

Answer 18

Confirming judicial appointees and setting the judiciary’s budget.

Question 19

This is concerned with the courts’ distinct functions and responsibilities at different levels within a single judiciary.

Answer 19

Hierarchal jurisdiction

Question 20

Also called ancillary jurisdiction, the right to hear a case for which it would not ordinarily have original jurisdiction.

Answer 20

Supplemental jurisdiction

Question 21

At the federal level, who decides the number of judgeships?

Answer 21

Congress

Question 22

T/F

State courts have the authority to decide matters involving federal questions, diversity issues and supplemental matters

Answer 22

False

Question 23

State courts have what jurisdiction?

Answer 23

Original or appellate

Question 24

T/F Attempts to limit court jurisdiction have most often come in the form of legislative proposals by members of congress as a means of voicing their displeasure with controversial court decisions.

Answer 24

True

Question 25

At the federal level, executive control is applied through...

Answer 25

The appointment process

Question 26

T/F | Interest groups have considerable influence throughout government.

Answer 26

True

Question 27

T/F | Judicial elections are held at every level of government for higher and lower courts.

Answer 27

False | At the state level, and for lower courts.

Question 28

These groups also represent a powerful interest group; often seeking to influence the courts by calling for harsh punishments

Answer 28

Victims advocacy groups

Question 29

T/F. | Research think tanks issue reports and offer guidelines and recommendations for courts.

Answer 29

True.

Question 30

_______________ also supply evaluations of judicial candidates to assist governors in their nominations.

Answer 30

State Bar Associations

Question 31

______ serve as a powerful tool for the public to control the judiciary

Answer 31

Elections

Question 32

T/F | The ability for the courts to control from within is limited to varying degrees of priority to different types of cases.

Answer 32

False

Question 33

The first governing document in the United States

Answer 33

The articles of confederation

Question 34

Almost all power under the articles of confederation was vested in a single chamber legislature called...

Answer 34

Congress

Question 35

The federal law established from the first meeting of congress

Answer 35

Federal judiciary act of 1789

Question 36

The US is divided into how many circuits

Answer 36

13

Question 37

Federal workhorses...

Answer 37

District courts

Question 38

An opinion that supports the opinion but offers different reasoning

Answer 38

Concurring opinion

Question 39

Appellate cases are usually assigned to a panel of ___ judges

Answer 39

3

Question 40

T/F | The US Supreme Court generally issues written opinions for fewer than 100 cases each term

Answer 40

True

Question 41

T/F The US Supreme Court, like the US court of appeals is moe than just a body of judges that review lower courts' decisions.

Answer 41

True

Question 42

The US court of International trade that resolves disputes involving international trade is an outgrowth of the _______________________

Answer 42

Customs courts act of 1980

Question 43

The FISA has been amended more than once, most recently and significantly by the...

Answer 43

2001 PATRIOT Act

Question 44

This court hears protest lawsuits stemming from failed bids for US Government contracts

Answer 44

US court of Federal Claims

Question 45

Within each federal circuit is a _______________, which consists of both a chief judge and district/circuit court judges.

Answer 45

Circuit judicial council

Question 46

T/F | There are 50 separate state court systems ( plus one for the District of Colombia)

Answer 46

True

Question 47

During the colonial period, most of the political authority rested with _____________ who were appointed by the King of England

Answer 47

Governors

Question 48

T/F | After the American Revolution out court system has been corruption free.

Answer 48

False

Question 49

T/F | Magistrate courts hear both jury and non jury cases.

Answer 49

False. (No jury trials)

Question 50

Malcolmfeeley's the process is punishment believed justice in lower courts is...

Answer 50

Meted out swiftly and informally

Question 51

T/F | State supreme courts are courts of last resort

Answer 51

True

Question 52

T/F | State Supreme courts deal with criminal justice issues only.

Answer 52

False. ( they deal with social issues as well as criminal justice matters)

Question 53

The total incoming trial caseload for lower state courts exceeds ____________ in any given year.

Answer 53

100,000,000

Question 54

The most serious crime that had the lowest conviction.

Answer 54

Aggravated assault

Question 55

In 1987, the NCSC received a grant from the bureau of justice assistance to create...

Answer 55

Commission for trial court performance standards

Question 56

Judges time has been affected by federal ______________ laws that mandate prisoners serve 85% of their sentence and has abolished the parole board.

Answer 56

Truth-in-sentencing

Question 57

T/F | Overall more Americans believe the courts handle cases in an excellent manner than in a poor manner

Answer 57

False

Question 58

How many Florida county courts are there?

Answer 58

One for each county... 67

Question 59

How many justices are on Florida's state Supreme Court?

Answer 59

7

Question 60

T/F | Impeachment is common

Answer 60

False

Question 61

T/F | Hundreds of impeachments have been tried over time

Answer 61

False

Question 62

How many Supreme Court Justices have been impeached?

Answer 62

1

Question 63

Average age for distinct judges at time of appointment

Answer 63

49

Question 64

In 2009, of the 165 federal appeals court judges, how many were minorities?

Answer 64

26

Question 65

Which article of section 2 of the Us Constitution allows for the appointment of federal judges by the president with advise from senate.

Answer 65

II

Question 66

The tendency among US presidents to defer to the judgement of senators for individual appointments to lower courts

Answer 66

Senatorial curtesy

Question 67

From 1969-2006, the Average American workers pay went up 19 % and real pay for judge decreased __ %

Answer 67

25

Question 68

Judges begin with learning and adjusting to their new role, known as this type of socialization

Answer 68

Freshman

Question 69

Impeachment begins with...

Answer 69

Formal accusation by the House of Representatives to the senate

Question 70

More than __ % of appellate court judges and nearly __ % of state trial judges are elected to their post.

Answer 70

80, 90

Question 71

The standards and norms that bear on judges and cover such matters such as how to maintain independence and impartiality

Answer 71

Judicial ethics

Question 72

Can impeachment be justified by partisan discord?

Answer 72

No

Question 73

Dick Cheney's lawyer

Answer 73

David Addington