Question: Constitutional Law- Question 1 - A basic purpose of the American legal system is to: remove power from the government. develop a living law. ensure
Constitutional Law-
Question 1 - A basic purpose of the American legal system is to:
| remove power from the government. | |
| develop a living law. | |
| ensure fairness in balancing individual and societal rights and needs. | |
| create a system that, while not perfect, is the best in the world. |
Question 2 - The concept that courts will continue to rely on prior cases to ensure consistency in the law is called:
| original jurisprudence. | |
| lex talionis | |
| stare decisis. | |
| venue. |
Question 3 - The place where a specific case may come to trial and the area from which the jury is selected is known as:
| voir dire | |
| jurisdiction | |
| district | |
| venue |
Question 4 - Those who are not party to a legal action but who still have an interest in the case may:
| subpoena the judge to have their testimony heard. | |
| file a writ of certiorari with the court and enter themselves as a "hostile" witness. | |
| submit an amicus brief arguing their perspective, although such briefs are considered only at the pleasure of the court. | |
| not do anything--only those who are directly party to the legal action may address the court. |
Question 5 - States' penal codes contain:
| Civil laws | |
| Criminal laws | |
| Codified laws | |
| common law |
Question 6 - The standard of proof required in a civil case is:
| more stringent than that required in a criminal case. | |
| the same as that required in a criminal case. | |
| a preponderance of the evidence. | |
| proof beyond a reasonable doubt. |
Question 7 - Marx regarded punishment as a way to:
| provide social solidarity. | |
| control the lower class. | |
| limit the power and influence of the upper class. | |
| exact revenge. |
Question 8 - Law does all of the following, except that it does not:
| respond to the perceived needs of the society it serves. | |
| define unacceptable behavior. | |
| establish consequences for unlawful behavior. | |
| provide justice for all. |
Question 9 - Common law was:
| that which applied to the common people, not to those in the upper echelon of society. | |
| set forth in well-documented codes. | |
| established by early English and Roman rulers. | |
| based on customs and traditions followed throughout England. |
Question 10 - American law is considered a living law because:
| it can change as society changes. | |
| it can never be rescinded or cancelled. | |
| once a law is passed, it stands forever. | |
| there are no constraints on its application or interpretation. |
Question 11 - The number of U.S. Courts of Appeals in the federal court system is:
| 4 | |
| 12 | |
| 52 | |
| 94 |
Question 12 - The Constitution ensures individual liberty by:
| limiting government power. | |
| giving the government enough power to protect the innocent. | |
| giving individuals the freedom to decide. | |
| restricting the authority of state governments to enforce the law. |
Question 13 - Statutory law can also be referred to as:
| case law | |
| codified law | |
| common law | |
| canonized law |
Question 14 - Which of the following is not an officer of the court?
| Sheriff | |
| Judge | |
| Lawyers | |
| Plaintiff |
Question 15 - Since the ratification of the Bill of Rights more than 7,000 amendments have been proposed in Congress. Of those, the number that have been successfully ratified is:
| 53 | |
| 115 | |
| 700 | |
| 17 |
Question 16 - The following statements are true about both torts and crimes, except:
| Both could result from the same single act. | |
| Both differ by who is considered the victim. | |
| Both must be heard separately by the court(s). | |
| Both are subject to the same standard of proof in court. |
Question 17 - To bring a case or to argue a legal issue in court, one must have an actual interest in the matter of dispute, which is called:
| standing | |
| ripeness | |
| mootness | |
| jurisdiction |
Question 18 - The two main functions of the courts are to:
| determine guilt or innocence and interpret laws | |
| settle controversies and review cases for legal improprieties. | |
| settle controversies and decide the rules of law that apply in the case. | |
| determine guilt or innocence and apply appropriate sanctions. |
Question 19 - The scales of justice represent:
| keeping individual and societal needs in balance. | |
| the struggle for power between good and evil. | |
| the two sides of prosecution and defense. | |
| the weighing the evidence of guilt or innocence. |
Question 20 - Conduct prohibited by law simply because the person engaging in the behavior is a minor is considered a/an:
| Delinquent act | |
| Status offense | |
| Infraction | |
| Youthful offense |
Question 21 - When a court decision would have no practical effect, a case is apt to be dismissed for:
| standing | |
| ripeness | |
| mootness | |
| jurisdiction |
Question 22 - Which of the following is not one of the three levels of court function in both state and federal courts?
| trial courts | |
| appellate courts | |
| circuit courts | |
| courts of last resort |
Question 23 - Which of the following is not true of the adversarial judicial system?
| only actual conflicts will be heard by a court. | |
| "what if" questions will not be heard. | |
| sides are drawn-accuser vs. accused-with one side challenged by the other. | |
| the accused has the burden of proof. |
Question 24 - For an amendment to the U.S. Constitution to be ratified, the number of state legislatures or special conventions which must agree is:
| one-fourth | |
| one-half | |
| two-thirds | |
| three-fourths |
Question 25 - The juvenile justice system is comprised of the following components:
| intervention, courts, and rehabilitation | |
| law enforcement, courts, and corrections | |
| intervention, adjudication, and punishment | |
| law enforcement, counseling, and rehabilitation |
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