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The two most common types of civil cases involve:


A) contracts and torts.
B) divorce and real estate
C) traffic offenses and mail fraud.
D) tax evasion and illegal drugs.

E) None of the above
F) A) and C)

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For the most part in recent years, assertions of presidential power in such realms as foreign policy, war and emergency powers, legislative power, and administrative authority have been upheld by the federal courts.

A) True
B) False

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Federal courts have sometimes been asked to decide whether the rules and regulations adopted by federal agencies are consistent with congressional intent, whether stated or implied.

A) True
B) False

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Which of the following explains why the Supreme Court has been more secure in its ability to strike down acts of Congress?


A) Congress has granted substantial enforcement power to the federal judiciary over time, including the right to hold Congress accountable through fines.
B) The limited use of judicial review during its infancy has helped reinforce greater acceptance of the Court's power to strike down laws.
C) Many Americans believe that federal law often supersedes state law.
D) Supreme Court justices have been less strategic about the decisions they make.

E) B) and D)
F) A) and B)

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Attorneys on both sides of a legal case muster the most compelling precedents they can in support of their arguments about why the Court should rule in favor of their clients in written documents called:


A) opinions.
B) concurrences and dissents.
C) briefs.
D) claims.

E) B) and C)
F) None of the above

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Under which condition would a criminal case enter the realm of public law?


A) The plaintiff appeals to a higher court.
B) The plaintiff waives the right to a jury trial.
C) The defendant is found not to have standing.
D) The defendant claims that constitutional rights were violated.

E) B) and D)
F) B) and C)

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In the American judicial system, parties to a case must demonstrate that they have __________, a substantial stake in the outcome of the case.


A) standing
B) status
C) jurisdiction
D) stability

E) C) and D)
F) A) and D)

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The justice on the Supreme Court who presides over the Court's public sessions is the __________ justice.


A) lead
B) senior
C) executive
D) chief

E) A) and B)
F) A) and D)

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In civil as well as criminal cases, the ruling of a state court of last resort can be appealed to the U.S.Supreme Court when:


A) the losing party raises a federal issue; that is, one involving a federal statute or a constitutional question.
B) the winning litigant and losing litigant agree that they would like the input of the Supreme Court instead of the state courts.
C) there is a federal issue involved, but only one for which lower courts have issued conflicting rulings.
D) at least five justices agree that it can be appealed.

E) A) and C)
F) C) and D)

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The U.S.Supreme Court is obligated to accept appeals that assert important issues of federal law at stake in the case.

A) True
B) False

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In 2018, a federal court ruled against the tech and information industry giant Google, in an appeal of a copyright case involving the company's use of Java code in its Android operating system.What court was most likely to hear this appeal?


A) The U.S.Court of Appeals for the Ninth Circuit in San Francisco, which hears appeals from federal district courts in California
B) A federal district court in California, taking the case on appeal from a state appellate court
C) The U.S.Supreme Court, taking the case on direct appeal from a state appellate court of last resort
D) The U.S.Court of Appeals for the Federal Circuit, which hears cases involving patents, copyrights, and international trade

E) C) and D)
F) B) and D)

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Interest groups, sometimes at the request of attorneys involved in cases, often attempt to influence Supreme Court decisions through ______________.


A) direct lobbying
B) recommendations for judicial posts
C) amicus curiae, or "friend of the court" briefs
D) stare decisis, or "friend of the court" briefs

E) B) and D)
F) A) and B)

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Which of the following examples describes the arena of public law that involves disputes over the jurisdiction, procedures, or authority of government agencies?


A) Regulatory law
B) Agency mediation
C) Administrative law
D) Constitutional law

E) A) and B)
F) A) and C)

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For the Supreme Court to grant certiorari, agreement has to be reached by __________ justices.


A) only two
B) a majority of
C) at least four
D) all nine

E) B) and D)
F) B) and C)

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The Supreme Court heard and handed down its ruling in Roe v.Wade, despite the fact that the plaintiff's pregnancy had already come to term, leading a lower court to argue that the case had become moot.

A) True
B) False

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In 2018, Supreme Court Justice Neil Gorsuch, who was appointed by President Donald Trump, sided against the Trump administration in a major immigrant deportation case.His ruling came as a surprise to some observers, since an immigration crackdown had been the Trump campaign and presidency's signature policy issue.Historically, however, it was not unusual, reflecting a tradition of judicial:


A) activism, which involves justices consistently striking out in directions different from those who appointed them.
B) expansion, in which even conservative justices end up favoring increases in judicial power.
C) independence, since justices are more free than leaders of other branches to pursue their own ideas about what is right.
D) conservatism, in this case related to preservation of the Constitution's checks and balances.

E) All of the above
F) C) and D)

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Public law is a form of criminal law.

A) True
B) False

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The federal courts have the power to exercise judicial review over all state laws and constitutions.This power is rooted in:


A) common law, which is a body of judge-made rules and principles of interpretation that are not grounded in specific statutes.
B) the Constitution's supremacy clause, the Judiciary Act of 1789, and the Fourteenth Amendment's guarantees of due process and equal protection for all citizens, of whatever state.
C) Marbury v.Madison, the case in which the court's power of judicial review was established, along with the Constitution's supremacy clause.
D) the federal judiciary's rulings against states in many civil rights cases of the mid-twentieth century.

E) A) and D)
F) None of the above

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How do the jurisdictions of federal and state courts differ?

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(1) The state courts hear nearly 99 perc...

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The appellate jurisdiction in the federal courts extends to cases originating in the state courts.

A) True
B) False

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