1.
court rule bearing on subsequent legal decisions in similar cases.
Explanation
The correct answer is "Precedent." Precedent refers to a court rule that serves as a basis for subsequent legal decisions in similar cases. It means that decisions made in previous cases with similar circumstances can be used as a guide or reference for future cases. Precedent helps to ensure consistency and predictability in the legal system by providing a framework for judges to follow when deciding similar cases.
2.
the authority of a court to hear and decide a particular case.
Explanation
Jurisdiction refers to the authority of a court to hear and decide a particular case. It determines whether a court has the power to adjudicate a specific matter, based on factors such as the subject matter of the case, the geographic location, and the type of court involved. Jurisdiction ensures that cases are heard by the appropriate court and helps maintain the rule of law.
3.
a brief filed by a third party who is not directly involved in the case but who has an intrest in the outcome of a case..
Explanation
An amicus curiae brief is a document filed by a third party who is not directly involved in a case but has an interest in the outcome. This brief is submitted to provide additional information, expertise, or perspective to the court that may be helpful in reaching a fair and just decision. It allows individuals or organizations to present their views and arguments on the legal issues at hand, even if they are not directly affected by the case. The court may consider the amicus brief when making its decision, although it is not binding.
4.
to engage in legal proceedings or seek releif in a court of law
Explanation
Litigation refers to the process of engaging in legal proceedings or seeking relief in a court of law. It involves the resolution of disputes between parties through the judicial system. This can include filing lawsuits, going through trial proceedings, and ultimately obtaining a legal judgment or settlement. Litigation is a common method for resolving legal disputes and seeking justice in many jurisdictions.
5.
the power of the courts to determine whether a law or action by the President or Congress is constitutional
Explanation
Judicial review refers to the power of the courts to determine whether a law or action by the President or Congress is constitutional. This means that the courts have the authority to review and evaluate the constitutionality of laws and actions taken by the other branches of government. Through judicial review, the courts can strike down laws or actions that are found to be in violation of the Constitution. This power is an important aspect of the system of checks and balances in the United States, as it ensures that the actions of the government are in line with the Constitution and protects individual rights.
6.
a lawsuit that seeks damages for "all persons similarly situated"
Explanation
A class action lawsuit is a legal action brought by one or more individuals on behalf of a larger group of people who have suffered similar harm or have a common legal claim. In this case, the phrase "a lawsuit that seeks damages for 'all persons similarly situated'" indicates that the lawsuit is being filed on behalf of a group of individuals who have been affected in a similar way and are seeking compensation for damages. This type of lawsuit allows for efficiency and fairness by consolidating multiple claims into a single case, making it easier for individuals to seek justice.
7.
court opinion reflecting the reflecting the views of most of the judges; decision of the court
Explanation
The given correct answer, "Majority opinion," refers to a court opinion that reflects the views of most of the judges on a particular case. When a court makes a decision, it is often accompanied by a written opinion that explains the reasoning behind the decision. The majority opinion is the opinion that is supported by the majority of the judges on the court. It carries the most weight and becomes the official decision of the court.
8.
written by a justice who agrees with the majority but wants to emphasize a point of law or give a different set of arguments for reaching the court's verdict
Explanation
A concurring opinion is a written statement by a justice who agrees with the majority decision of the court but wants to emphasize a specific point of law or provide a different set of arguments for reaching the same verdict. It allows the justice to express their own views and reasoning, which may differ from the majority opinion. A concurring opinion can be used to highlight a particular legal principle or to offer alternative interpretations of the law, providing additional insight into the court's decision-making process.
9.
body of judge-made law
Explanation
Common law refers to the body of judge-made law that is developed through judicial decisions over time. It is based on legal principles and precedents established by previous court rulings, rather than legislation or statutes. Common law is an important source of law in countries with a common law legal system, such as the United Kingdom and the United States. It provides consistency and predictability in legal outcomes and allows for the flexibility to adapt to changing societal needs. This explanation fits with the given answer of "common law."
10.
:Supreme Court orders a lower court to send it hte record of the case for review
Explanation
The given correct answer explains that a writ of certiorari is when the Supreme Court orders a lower court to send the record of a case for review. This writ is used to determine whether the lower court made any errors in its decision-making process or if there are any constitutional issues involved. The Supreme Court uses this writ to select which cases it will hear and review.
11.
:is when the Supreme Court should actively check the other branches of government when they exceeded their authority
Explanation
Judicial activism refers to the practice of the Supreme Court actively checking the other branches of government when they exceed their authority. This means that the court takes an active role in interpreting the Constitution and making decisions that shape public policy. Judicial activism is often seen as a way for the court to protect individual rights and promote social change. It is a concept that has been debated and criticized, as some argue that it allows the court to overstep its boundaries and interfere with the role of the legislative and executive branches.
12.
the Supreme Court ruled that executive privilege cannot be used to prevent evidence from being heard in a criminal proceeding
Explanation
In the case of US vs Nixon, the Supreme Court made a ruling that executive privilege cannot be used to prevent evidence from being heard in a criminal proceeding. This means that even the President of the United States cannot withhold evidence or use executive privilege as a way to avoid legal proceedings. The court's decision in this case was significant as it upheld the principle that no one is above the law, including the President, and that the right to a fair trial and access to evidence is paramount in the criminal justice system.
13.
when judges who disagree with the majority opinion and their reasons why. It can form the basis of the arguments used years later to reverse the majority opinion in a similar case.
Explanation
A dissenting opinion is a legal term that refers to the written explanation of a judge who disagrees with the majority opinion in a court case. This explanation outlines the judge's reasons for disagreeing with the majority decision. A dissenting opinion is important because it can serve as the foundation for future arguments to challenge and eventually overturn the majority opinion in similar cases. It allows for a diversity of perspectives and promotes a healthy debate within the legal system.
14.
4 of the 9 justices have to agree to hear a case **its the way cases reach the Supreme Court**
Explanation
The Rule of 4 refers to the requirement that at least four out of the nine justices of the Supreme Court must agree to hear a case in order for it to be accepted. This rule ensures that a significant portion of the Court agrees that the case is worthy of their attention and resources. It acts as a filter to prevent frivolous or unimportant cases from clogging up the Court's docket, allowing them to focus on cases that have a broader impact or involve significant legal issues.
15.
Federal courts have jurisdiction in all court cases; state or federal.
Correct Answer
B. False
Explanation
only when there is federal question in the case and when there is the diversity of citizenship
16.
Special Courts like tax courts and bankruptcy are courts of limited jurisdiction
Correct Answer
A. True
Explanation
Special courts like tax courts and bankruptcy courts are indeed courts of limited jurisdiction. This means that they have specific areas of law that they are authorized to handle and are limited in their scope. Tax courts, for example, have jurisdiction over cases related to federal tax laws, while bankruptcy courts deal with cases related to bankruptcy and insolvency. These courts are designed to provide expertise and specialized knowledge in their respective areas, ensuring fair and efficient resolution of cases within their limited jurisdiction.
17.
U.S. has never had a duel court system
Correct Answer
B. False
Explanation
ie: state and federal courts
18.
Supreme Court may excercise original jursidiction in cases involving foreign diplomats and in cases in which the state is a party
Correct Answer
A. True
Explanation
The Supreme Court has the power to exercise original jurisdiction in cases involving foreign diplomats and cases in which the state is a party. This means that these types of cases can be brought directly to the Supreme Court without going through lower courts first. The Supreme Court has the authority to hear and decide on these matters, making the statement true.
19.
If a case is remended it is sent back to the court that heard the cse to fix the problem
Correct Answer
A. True
Explanation
When a case is remanded, it means that it is sent back to the court that originally heard the case. This is done in order to address and correct any issues or problems that were identified during the initial hearing. By sending the case back to the original court, it allows them to reexamine the case and make any necessary adjustments or decisions to resolve the problem. Therefore, the statement "If a case is remanded it is sent back to the court that heard the case to fix the problem" is true.
20.
Judicial candidates are suggested by Dept of Justice, Senators, judges, and the Bar association.
Correct Answer
A. True
Explanation
The statement suggests that judicial candidates are recommended or suggested by various entities such as the Department of Justice, Senators, judges, and the Bar association. This implies that these entities play a role in identifying and proposing potential candidates for judicial positions. Therefore, the answer "True" indicates that the statement is correct and accurately reflects the process of suggesting judicial candidates.
21.
If a case is affirmed it means that decision is invalid and means nothing.
Correct Answer
B. False
Explanation
If a case is affirmed, it means that the decision is valid and stands as it is. Affirming a case means that a higher court has reviewed the decision of a lower court and agrees with it, therefore upholding the decision. This contradicts the statement in the question which states that affirming a case means the decision is invalid and means nothing. Hence, the correct answer is False.
22.
Supreme Court can review a state Supreme Court decision only if a federal question is involved
Correct Answer
A. True
Explanation
The Supreme Court has the authority to review decisions made by state Supreme Courts, but only if there is a federal question involved. This means that the case must involve an issue related to the interpretation or application of the United States Constitution, federal laws, or treaties. If the case does not involve a federal question, the Supreme Court does not have jurisdiction to review the state Supreme Court decision. Therefore, the statement is true.
23.
Most American law is based on English common law
Correct Answer
A. True
Explanation
Most American law is indeed based on English common law. This is because when the American colonies were established, they adopted many of the legal principles and traditions of England. The English common law system, which is based on judicial precedent and the idea of legal rights and protections, heavily influenced the development of the American legal system. Even today, many American legal concepts and practices can be traced back to English common law. Therefore, the statement that most American law is based on English common law is true.
24.
FISA court can issue warrants without revealing the information used to obtain the warrant and can authorize searches without informing the suspect of the search
Correct Answer
A. True
Explanation
The statement is true because the Foreign Intelligence Surveillance Act (FISA) court has the authority to issue warrants for surveillance or searches in cases involving national security. These warrants can be issued based on classified information that is not disclosed to the public or the suspect. Additionally, the FISA court can authorize searches without notifying the target of the search, which is known as a "sneak and peek" warrant. This allows the court to protect sensitive information and prevent potential threats to national security.
25.
Public opinion can check the judicial branch: people affected may ignore a decision that they do not agree with and/or the public may pressure elected officials not to enforce and unpopular ruling.
Correct Answer
A. True
Explanation
The statement suggests that public opinion can act as a check on the judicial branch. This means that if people are affected by a decision that they disagree with, they may choose to ignore it. Additionally, the public can exert pressure on elected officials to not enforce an unpopular ruling. This implies that public opinion has the power to influence the actions and decisions of the judicial branch, making the statement true.
26.
District Courts are the trial courts.
Correct Answer
A. True
Explanation
District Courts are indeed the trial courts. These courts are responsible for hearing and deciding both civil and criminal cases at the trial level. They have the authority to listen to evidence, consider witness testimonies, and make judgments based on the facts presented in the case. District Courts are usually the first level of courts where cases are initially filed and heard.
27.
Sources of American law include
Correct Answer(s)
A. U.S. constitution and state constitutions
B. Statutes
C. Administrative regulations
Explanation
The sources of American law include the U.S. Constitution and state constitutions, which serve as the supreme law of the land and outline the fundamental rights and principles of the legal system. Statutes, on the other hand, are laws enacted by legislative bodies at the federal and state levels, while administrative regulations are rules and regulations created by administrative agencies to implement and enforce statutes. These sources collectively form the basis of American law, providing the legal framework and guidelines for the functioning of the justice system.