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WorksheetsJUDICIAL PROCESS FINAL EXAM REVIEW
Total questions: 126
Worksheet time: 32hrs 30mins
Which statement best describes the work of most lawyers?
lawyers encourage lawsuits in order to make business for themselves
lawyers try to keep clients out of court
lawyers file lawsuits even if the claim is unreasonable
lawyers will not take cases with low payouts
Medical malpractice lawsuits are an example of:
no-win torts
low stakes litigation
high stakes litigation
guarnteed lawyers fees
Limits on punitive damages are an example of:
stare decisis
common law evolution
policy litigation
tort reform
Court-annexed compulsory arbitration is designed to:
increase the geographic jurisdiction of the court
increase the case load for annexation courts
provide a speedier, less expensive alternative to courts
provide criminal suspects with an additional appeal
Which statement best decribes the similarities and differences between civil and criminal procedure?
civil procedure has a significant constitutional basis
civil procedure is more extensive than criminal
the burden of proof is higher in civil cases than criminal
the rules of civil procedure are similar to criminal
Mass tort cases are complicated because of:
the problem of causation
the absence of lawyers
the small number of parties
an inability to mobilize litigants
The process of making formal written statements about each side of a civil case is known as
discovery
motion
pleadings
trial
A civil suit begins with the filing of:
indictment
information
complaint
motion
The person who brings a civil suit is called:
plantiff
defendant
appellant
respondent
A complaint includes:
a description of the courts jurisdiction
statement of the facts
cause of action
remedy
Which stage of the process is intended to eliminate surprises in a civil trial?
service
pleadings
answer
discovery
Which of the following is NOT a tool of discovery?
interrogatories
private investigations
depositions
subpoena
A court order compelling a person to appear in court is termed a:
voir dire
subpoena
injunction
brief
A default judgement for the plantiff may be granted against a defendant:
after a mistrial
if the defendant lost the case, but fails to pay the monetary damages
if the defendant fails to do anything
if the defendant files a misleading answer
If a case involves no genuine issue of the fact and the law is clear, the judge can issue a:
summary judgment
default judgement
acquital
preliminary injuction
Which of the following provides an important opportunity for lawyers to negotiate and settle cases?
discovery
jury selection
pretrial conference
bench conference
Of all the lawsuits begun in the United States:
an overwhelming proportion end with a court judgement
only a few end with court judgement
the overwhelming proportion are settled before a judgement is rendered
most are dismissed as insignificant
Best result negotiations refers to:
choosing the best lawyer
achieving the highest number of motions
obtaining the most money for the client
getting the best bargain on lawyer fees
A tort is primarily focused on demonstrating which of the following:
negligence or lack of care in preventing a harm
breaking a law that leads to a civil offense
breaking a law that leads to a criminal offense
an intent to intentionally cause harm
In which type of lawsuit is one most likely to find a repeat player?
contract
divorce
small claims
tort
Under American law, a jury of one's peers means:
jurors must be selected from a cross-section of the community
the jury must contain persons of the same social background as the defendant
jurors should be long time members of the community
minorities must be represented on the jury
A challenge for cause must include:
agreement between prosecution and defense
lack of agreement between prosecution and defense
agreement from the judge
no reason for dismissal
Voir dire refers to:
cross-examination of witnesses during the trial
questioning of potential jurors
judges' instructions to the jury
appellate review of the trial record
When attorneys exclude jurors without explanation, they are exercising:
voir dire
challenge for cause
peremptory challenge
exclusionary rule
The basic requirements for the admissibility of evidence during trial include:
relevance of hearsay
privilege and trustworthiness
materiality and hearsay
trustworthiness and relevance
A motion for a change of venue requests which of the following be changed:
place of trial
judge
prosecutor
jury
Which of the following is not a permissible technique for dealing with prejudicial pretrial publicity?
sequestering the jury
change of venue
forbidding either party to provide the press with information
prohibiting the press from publishing information about the case
Which statements best describe appellate courts?
appellate courts operate the same as trial courts
appellate courts provide for error correction
appellate courts engage in policy formulation
b and c are both correct
Protecting a person from being prosecuted a second time after he or she has been found innocent is termed:
double jeopardy
ex post faceto
right to one appeal
exclusionary rule
Which statement best describes the appellate courts process?
only questions of law may be appealed
trial courts findings of facts are subject to scrunity
if the recor dis unclear, witnesses may be called
single judges typically make the decision
An appeals court can:
hold trials in certain cases
affirm the judgement of a lower court
reverse the judgement of a lower court
b and c are both correct
When an appellate court remands a case it:
affirms the lower courts decision
reverses the lower courts decision
returns the case to the lower court
submits the case to a higher court
If a case is affirmed, it:
means that the case cannot be appealed to a higher court
is sent back to the court that heard the case
means the decision of the lower court was accepted by the appellate court
will result in a new trial for the defendant
Which statement best describes post-conviction remedies:
they may be filed only in federal court
they are limited to issues raised on appeal
they are limited to constitutional defects
they are limited to one filing
The writ of habeas corpus protects:
students who want to see their files
the right of association and petition
persons in confinement
criminal defendants whose trial is delayed
Which of the following approaches to studying judicial decision making rests on the assumption that appellate court judges view cases primarily in terms of policy preferences?
judicial attitudes
social backgrounds
small group
judicial role
Hiring a lawyer automatically means the dispute will result in a lawsuit
true
false
Tort reform has traditionally been a state legal matter
true
false
Stella Lieback's jury verdict against McDonalds was substantially reduced by the courts
true
false
Most federal court cases are disposed of by trial
true
false
The purpose of civil procedure is the just and efficient resolution of disputes
true
false
Juries must always be unanimous
true
false
Petty offenses enjoy no constitutional right to a jury trial
true
false
An appeal to a trial court decision is discretionary
true
false
The partisan views of appellate judges have been linked to their decisions
true
false
The small group dynamics of appellate courts have been linked to their decision making
true
false
The essential or core function of the courts is to do which of the following?
resolve legislative conflict
implement presidential orders
dispute resolution through the application of legal rules
facilitate strong leadership
Which family of law is the most widely used in the Western world?
common law
civil law
socialist
reigious
In civil law, the starting point is:
juries
judicial decisions
the code
the bible
In what way does public opinion influence the courts?
courts are concerned about the public view of the judiciary as a fair and impartial institution
courts seek to represent the public opinion on the case at hand when decision making
courts seek out voter approcal of the winning party
by submitting amicus curiae briefs
The foundational document guiding the decisions of our legal system is which of the following?
federal statues
state statues
the common law doctorine
the constitution
The division of power between the state and national government is known as:
seperation of powers
checks and balances
federalism
none
Which of the following provide the basis for discretion in issuing judgements by the courts?
conflicting laws
gaps or gray areas in the law
words or statements found in the law can be abstract or have various meanings
all of the above
When a case involves an issue between private citizens or private citizens and a business and charges that there was a legal wrong done to one party, often as a result of negligence or lack of reasonable care, this type of case is known as what?
public law
torts
breach of contract
substantitive law
The U.S legal system is based upon the concept of an adversarial system. What best helps define the idea of an adversarial system?
there are two opposing parties in the case that want different outcomes to resolve an actual dispute. each party thus has the burden of presenting
the various parties are working together to get clarification of the law
the various parties are posing a hypothetical in order to prevent a future problem or dispute
the judge is an investigator who uncovers evidence on behalf of the court
The idea that previous court decisions will have the authority for deciding similar questions of law in future cases is known as precedent or:
stare decisis
amicus curae
ceritorari
A primary concept in the American judicial system is equity. What is meant by equity or equitable?
fairness and fair dealing
decisions based on justice and reason
focus on flexible, non-technical decisions and remedies that seek to address the dispute at hand and make individuals "whole"
all of the above
The process of engaging in a lawsuit, wether criminal or civil is known as:
plantiffinf
dispute resolution
prosecution
all of the above
The idea that someone has suffered an actual harm, and thus has the right to access the courts is known as:
mootness
standing
fairness
torts
Which of the following is NOT a criteria under the doctrine of access?
the plantiff must have the standing to sue
the controversy must be a real dispute
the plantiff must be a U.S citizen 18 years or older
The dual court system of the American judiciary refers ti the fact that:
there are at least two courts of appeals in each state
there is a national court structure and a court structure for each of the 50 states and territories
most courts have two jurisdictions that enable them to hear different cases
an individual has the right to appeal both the u.s court of appeals and the u.s supreme court
The primary function of trial courts is to exercise:
limited jurisdiction
intermediate jurisdiction
appellate jurisdiction
original jurisdiction
According to the U.S Constitution, federal courts other than the Supreme Court may be established by:
congress
the president
the supreme court
constitutional amendment
the U.S district courts
have appealed jurisdiction
are courts of intermediate appellate jurisdiction
are trial courts of original jurisidiction
constitutional courts and only hear cases to resolve constitutional disputes
the decision in marbury v. madison set which precedent:
the supreme court could create district courts
the supreme court has the power of judicial review
the supreme court could create the appellate structure
courts cannot hear cases about the government
When the U.S court of appeals hears a case en banc it means:
a three judge panel hears the case
a decision is rendered immediately from the bench
the court of appeals decides the case with the supreme court
all judges in the circuit sit together to decide or re-hear case
What court was established to hold our military service members accountable?
marshal courts
the military court of justice
military tribunal
forgein intelligence surveilance courts
The idea that an appeal from an inferior, limited jurisdiction trial court mus tbe heard over again from the beginning when it goes to the major trial courts is known as
legal redundancy
trial de novo
original jurisdiction
court reporting
State courts of last resorts are generally referred to as
state supreme courts
state appeals courts
state courts of common pleas
state courts of chancery
Which staatement best decribes case dispositions in the municipal court?
lawyers are usually present and defendants plead during the first appearance
lawyers are usually present and trials are common
lawyers are rarely present and the defendants plead during the first appearance
issues of legal guilt are more important than questions of sentencing
the creation of juvenile courts was based on the following philosophy
adult courts were burdened with too many cases to effectively deal with the problems of juveniles
the state should deal with children who broke the law much as a wise parent would a wayward child
juvenile crime was due to the childs lack of individual responsibility
juvenile crime reflected primarily a rural problem
Restorative justice programs in juvenile courts does NOT include a focus on:
healing the victim
protecting the offender
involving stake holders
transforming traditional lives of justice
A major problem with local control of the judiciary is:
the judiciary loses respect amongst the people
the judiciary has to close ties to the people to be impartial
the judiciary has been associated with local corruption
the judiciary has become very disorganized
The effort to move judicial adminsitration from local control to centralized state managment is the objective of a:
unified court system
state supreme courts
courts de novo
dominant courts
the treatment approach to drug offenders is intended to:
increase the speed with which cases are heard
reduce the likelihood of re-arrest
increase the criminal penalties handed out to drug offenders
to reduce the discretion of the judge
evaluations of drug courts have shown:
only success
only failure
some success and failures
no end in sight
politically disadvantaged groups have had better success in the courts than in other branches
true
false
politics NEVER influence the judiciary and the judiciary has little influence of politics
true
false
courts can function as policy making institutions through both individual decisions as well as the application of precedent
true
false
judges have discretion in decision making, meaning that they have room to develop their own reasoning in a judgement rather than it always being prescribed by the law
true
false
the primary difference between a felony and a misdemeanor is the seriousness of the crimes
false
true
the U.S adopted a pure, identical common law system to the found in great britian during our founding the purse system of common law has perisisted today
true
false
all U.S court of appeals cases are heard en banc
true
false
all military issues utilize the district trial court system as their primary court
false
true
congress has never sought to restrict or contain the power of the judiciary-- only expand it
true
false
to be appointed an inferior court official such as a justice of the peace or a magistrate, an individual must hold a law degree and be barred
false
true
which statements best describe the license to practice law?
an attorney licensed in one state is automatically allowed to practice in others
federal courts establish their own requirements for the right to practice before them
the specifics of licensing vary from state to state
b and c are correct
the BAR exam:
is required to practice law
can be taken more than once
tests general legal and state-specific knowledge
all of the above
the official accrediting body for law schools is the:
american association of trial lawyers
american bar association
american jurisdiction society
national center for law school
which statements best describe criminal defense services for the poor?
assigned counsel are paid at the same rate as private attorneys
assigned counsel are paid at a lower rate than private attorneys
most lawyers actively seek assigned counsel cases
assigned counsel tend to be more expereinced than public defenders in handling criminal cases
The distinction between a public defender system and an assigned counsel system is that public defenders are:
law students
attorneys from private law firms
attornyes employed by a government agency
all of the above
in what type of litigation are attornyes most often compensated by the contengent fee?
criminal
divorce
anti-trust
tort
judicial independence is aimed at:
increasing accountability
legislative control over court actions
neutral and impartial decision making
the right of a judge to dismiss a jury
common judicial selection methods do NOT include:
appointment
elections
house of judiciary committee
merit selection
most states select/retain trial judges by which method?
appointment by the governor
the missour BAR plan
legislative appointment
popular election
a judges dockett refers to her:
legal training
use of the ABA schedule
calender of cases
use of technology in court room
the custom of senatorial courtesy:
encourages courteous behvaior on the floor of the senate
gives senators the power to appoint state court judges
gives a senator of the presidents party influence in the selection of the district court judges when vacancies occur in his or her state
requires the house of rep to vote for senate approved judicial nominess
federal judges are:
nominated by the oresident and confirmed by the senate
nominated by the president and confirmed by both houses of congress
appointed by congress, subject to presidential veto
appointed by the chief justice
arbitration differs from mediation because the decision:
is binding
is made by a judge
always favors the plantiff
is directly appealed to the supreme court
the term one dash shotter refers to:
groups with long termm interest in policy outcomes
litigants who make only occasional recourse to the courts
litigants who choose other dispute resolutions for their first case
groups who file their complaint only in one court
cases in which there is really no conflict but only the need for a formal authorization to a private settlement, can be resolved by:
adjuicatory process
judicial discretion
routine adminsitration
judicial injuctions
a class action lawsuit is brought by
inamtes in order to recieve access to education
the government against illegal aliens
a group of people in a similar situation
one person or interest grouo on behalf of others
a school desegregation case is an example of a:
policy oriented private lawsuit
repeat players v. one shotters
policy oriented public lawsuit
habeas corpus petition
which of the following is an example of legal mobilization:
reporting a crime
interpreting the meaning of words
locating the law
filling in gaps of the law
interest group strategies to influence the courts include
direct sponsership
amicus curae briefs
class action lawsuits
all of the above
legal mobilization is:
the decision by a judge in a civil court case
interest group sponsorship of a case
how the legal system acquires its cases
stare decisis
with the regard to media coverage of court cases:
the constitution gives the media the right to cover all parts of court cases
media have only those rights granted to them by judges
parties work to balance open access and the need for a fair trial
lawyers for the parties work out in advance the level of media coverage for court activities
when suspects are given formal notice of the charges by a judge the precedent procedure is called:
an indictment
information
initial appearance
booking
in theory, the purpose of bail is to:
ensure the appearance of the accused at trial
keep the accused in jail until trial
punish the accused for the crime
maintain control of persons arrested but not arrainment
which of the following helps to explain the amount of bail set by the judge:
seriousness of the crime
criminal record
victims desires
only a and b
the prosecuting attorney is:
usually a locally elected official
appointed by the governor
responsible to the state BAR association
responsible to the state attorney general
if the grand jury finds probable cause that a defendant committed a crime they return:
an indictment
an information
a complaint
no true bill
the case of mapp v. ohio 1961 concerned:
forced confessions
right to counsel
searches without a warrant
police interrogations
sentencing structure is defined by which of the following:
legislators
judges
parole boards
all of the above
which of the following is most likely to influence wether a case goes to trial:
seriousness of the crime
severity of the penatly on conviction
strength of the prosecutors case
b and c only
explanations for a case attrition include all but:
legal judgements
policy priorties
court room availability
substantive assessments
judicial misconduct often involves corruption
true
false
mediation focuses on a resolution to a dispute that both parties find satisfactory
true
false
the only way to hold a judge accountable is through impeachment
true
false
a felony refers to federal crimes
true
false
a misdemanor is a serious, violent crimes, or one that includes significant property damage
true
false
members of the courtroom workgroup try to avoid trials
true
false
noelle prosequi is the plead given when the defendant pleads "no contest"
true
false
grand juries determine the guilt and sentence of the defendant
true
false
sentencing guidelines increase the judges discrection
false
true
the efficency of the courtroom workgroup depends on regulartiy of behavior
true
false
