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The U.S. Court System, Part 1
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- 1The U.S. Court System, Part 1Lesson 2 Review
Self-Check - 21. When were laws first codified in the American colonies?1641
Explanation: The first codification of laws in the American colonies was in 1641, by the General Court of Massachusetts.
Reference: Section 2.1 - 32. The first law school was formed in_____?Italy
Explanation: The first law school was formed in Bologna, Italy, by Irnerius.
Reference: Section 2.1 - 43. The first known bill of rights was passed by the?English Parliament
Explanation: The first known bill of rights was passed by the
English Parliament in 1689.
Reference: Section 2.1 - 54. Which of the following first established the doctrine of habeas corpus?The Magna Carta
Explanation: The Magna Carta established the doctrine of habeas corpus.
Reference: Section 2.1 - 65. A code consists of which of the following?An organized collection of written laws
Explanation: An organized series of written laws published by a
government with the power to enact laws and enforce them is
known as a code.
Reference: Section 2.2 - 76. What is the concept of precedence?Reliance of a court on the previous decisions of other courts in
similar cases.
Explanation: Reliance of a court on the previous decisions of
other courts in similar cases defines the concept of precedence,
or stare decisis.
Reference: Section 2.2 - 87. Common-law decisions can_____?proclaim duties and rights and award damages.
Explanation: Common-law decisions can proclaim duties, rights,
and award damages to plaintiffs in civil actions.
Reference: Section 2.2 - 98. The fundamental right to security in one's home, papers, and effects and protection from unreasonable search and seizure is found in the _____?Bill of Rights.
Explanation: The fundamental right to security in one's home,
papers, and effects, and to be protected from unreasonable
search and seizure, is found in the Bill of Rights established in
1791.
Reference: Section 2.3 - 109. The U.S. Constitution established what branches of the government?Legislative, executive, and judicial
Explanation: The U.S. Constitution established the three
branches of the government—legislative, executive, and judicial
—to make sure that no one person or branch of government
has excessive and dictatorial power.
Reference: Section 2.3 - 1110. What document was created to prevent settlement of the North American continent by European powers?The Monroe Doctrine
Explanation: The Monroe Doctrine, written by James Monroe, the
fifth president of the United States, was declared in 1823. The
document was created to prevent settlement of the North
American continent by European powers.
Reference: Section 2.3 - 1211. The courts of the American West were dominated by _______?lay judges
Explanation: The courts of the American West were dominated by
lay judges. Lay judges were judges with no legal education or
training. There were more lay judges in lower courts.
Reference: Section 2.3 - 1312. Early administrative law came from?federal agencies created by Congress
Explanation: Congress created federal agencies, which created
administrative law.
Reference: Section 2.3 - 1413. What is the essential purpose of administrative courts?Decide conflicts between an agency and its customers
Explanation: The essential purpose of administrative judiciaries is
to decide conflicts between an agency and its customers as well
as the citizens of the state and businesses.
Reference: Section 2.3 - 1514. If a case is decided by a court of last resort and has been approved for publication, that case becomes?precedent
Explanation: When a case has been decided by an appellate court, the state court of last resort or the Supreme Court may decide on whether the decision given by the appellate court will
be published or not. If the decision is approved for publication,
then it becomes case law and precedent for the appellate court's
jurisdiction.
Reference: Section 2.4 - 1615. The majority of federal trials are heard and decided in?U.S. District Courts
Explanation: The U.S. district courts are referred as trial courts;
the vast majority of federal trials are heard and decided in these
courts.
Reference: Section 2.7 - 1716. Amicus curiae means?friend of the court
Explanation: Amicus curiae means "friend of the court," or a
person who is interested in the outcome of a case and wants to
make their opinion known in the court.
Reference: Section 2.7 - 1817. A petition for a writ of certiorari is made to which of the following courts?A circuit court
Explanation: The U.S. Court of Appeals or a circuit court looks
into a petition for a writ of certiorari in order to have the decision
of the lower court reviewed.
Reference: Section 2.7 - 1918. The U.S. Supreme Court usually accepts review of cases?which involve significant constitutional rights important to U.S. citizens
Explanation: Cases involving significant constitutional rights
important to U.S. citizens are usually reviewed by the U.S.
Supreme Court.
Reference: Section 2.7 - 2019. Which of the following is true of tribal courts?They're federal courts, unless subjected to state court jurisdiction
by public law.
Explanation: Tribal courts are federally recognized courts, unless
subjected to state court jurisdiction by public law.
Reference: Section 2.7 - 2120. The judges appointed to the U.S. Court of Appeals for the Armed Forces are?civilians
Explanation: The five judges appointed in the Court of Appeals
for the Armed Forces for 15-year terms are all civilians.
Reference: Section 2.7 - 2221. The judiciary is made equal to the legislative and executive branches of government by the courts’ lack of power to?write or enforce laws directly
Explanation: The judiciary's lack of power to write or enforce laws
directly ensures that the legislative and executive branches of
government have equal power with the judiciary.
Reference: Section 2.7 - 2322. Which one of the following courts is not a federal trial court?United States Supreme Court
Explanation: The U.S. Supreme Court is not a federal trial court.
The federal trial courts include the U.S. District Court, the U.S. Court of Veterans Appeals, the U.S. Tax Court, the U.S. Court of Federal Claims, the U.S. Court of International Trade, the Social
Security Administration Courts, and the Industrial Relations
Administrative Courts.
Reference: Section 2.7 - 2423. The congressional office that decides how many magistrate judges are needed is called the?Judicial Conference
Explanation: Congress created the judicial office with the title
magistrate judge; the Judicial Conference is the congressional
office that decides the number of positions needed.
Reference: Section 2.7 - 25Inadequate Remedy at LawA situation where the wrong alleged by the plaintiff is more
appropriately remedied by an injunction or other equitable relief than
by an award of damages - 26Amicus CuriaeLiterally, “friend of the court”: persons with strong views on
the subject matter of a lawsuit, but not involved in it directly, may ask
the court for permission to file a brief giving their views on the subject;
often filed in appeals concerning matters of broad public interest, such
as civil rights cases - 27AnnotatedFurnished with comments to explain the meaning of the text
- 28Blue LawsLaws forbidding stores to be open on Sunday
- 29CasebookA book containing the text of court decisions, along with
explanatory commentary, used in law school to teach legal theories - 30Case LawThe law as laid down in the published decisions of courts,
which are used as precedent for future cases; includes reported cases
that interpret statutes and constitutional provisions - 31CitableAble to be used as an authority
- 32CodeA systematic collection of laws and regulations, classified
according to subject matter - 33CodificationThe process of writing and arranging statutes to state
clearly the obligations, duties, and rights of citizens, and the procedural rules of law - 34Common LawsPrinciples, rules of action, and rights whose authority
comes because of longtime historical acceptance or from judgment by
courts, and not from statutes - 35Concurrent JurisdictionAuthority shared by two different courts, such as state and
federal, at the same time over the same subject matter and in the
same geographic area - 36Contempt of CourtAny act calculated to obstruct the court in administering
justice, or to lessen its authority or dignity; includes the willful
disobedience of a lawful order of the court by someone under its
authority - 37CounterclaimA claim the defendant files against the plaintiff, if the
complaint arises out of the same occurrence as the main lawsuit; also
used frequently in claims against insurance companies - 38Court of Last ResortCourt that decides the final appeal on a case; in federal
cases, the U.S. Supreme Court, and in state cases, the highest court in that state - 39Cross-ClaimAny claims one party files against a co-party, if the complaint arises out of the same occurrence as the main lawsuit
- 40Cross-ComplaintFound in some states such as California, this
encompasses both counterclaims and cross-claims—a complaint that
a defendant in a lawsuit may file against the plaintiff, another
defendant, or a third party not involved in the lawsuit, if the complaint
arises out of the same occurrence as the main lawsuit - 41DepublicationWhen a court of last resort decides, after it has approved
a lower court’s opinion or decision for publication, that the opinion or
decision conflicts with the precedent set by the state’s court of last
resort or the Constitution, and orders that the lower court’s previously
published opinion be “depublished”; it won’t be printed the next time
the book containing court decisions is reprinted, and it may not be
cited as supporting reference from that time on - 42Diplomatic Immunity: Exemption that ambassadors and other diplomats, when
representing their nation in another country, have from being
prosecuted for a crime or sued for civil damages - 43En BancSessions where all the judges of a court, rather than the
usual number, participate in the decision - 44EquityA system of law originating in the English chancery and
comprised of a formal body of substantive and procedural rules and
doctrines that supplemented common law and statutory law and
provided remedies in equitable claims, or justice administered
according to fairness; refers to positive remedies employed by the
courts to solve disputes or give relief, that is, orders to perform some
action—not the award of financial damages - 45et seq.An abbreviation for the Latin termet sequentes, meaning
“and the following”; used in page references to refer to a section or
page and the following sections or pages - 46Fact PatternThe facts that are significant under the law applying to an individual case
- 47Federal QuestionA question of right or obligation that arises from the
Constitution, acts of Congress, and treaties, and involves their interpretation or application - 48FiefdomSomething over which one has rights or control
- 49Forum ShoppingSelecting a court, among two or more that may legally
handle a case, that has previously made favorable rulings to the type
of claim, and that you believe will rule in your favor - 50General Jurisdiction CourtsThe highest state trial courts; adjudicate felony cases,
juvenile cases, family law, and civil matters (in equity and law)
involving high stakes (ranging, for example, from $25,000 to millions) - 51Habeas CorpusLiterally, “you have the body”; a writ whose purpose is to
obtain immediate relief from illegal imprisonment by having the “body”
(the prisoner) taken out of custody and brought before the court - 52InfrastructureThe framework of public works and resources of a region or nation
- 53InjunctionA court order prohibiting someone from doing some act or commanding them to undo some wrong or injury they’ve done to someone else; usually used to prevent an act and not to give a
remedy for a past wrong - 54IssueA material point or question arising out of the pleadings in
a case, which is disputed by the parties and which they wish the court
to decide - 55Judicial ReviewThe power of a court to review a law, ruling, or decision of
an agency of the government, and to interpret laws; also includes
review by an appellate court of a lower court’s ruling - 56JuristSomeone skilled in law, like a judge or professor
- 57Legal RemedyA remedy available by law, as opposed to in equity,
providing for a specific recovery - 58Limited Jurisdiction CourtsThe lower state courts that handle preliminary hearings in
felony cases, misdemeanor jury trials, infraction trials, small claims,
and county and city ordinance violations - 59Peremptory ChallengeThe right to disqualify a juror without giving a reason; each
side in a dispute usually has a certain number of peremptory
challenges, and when they’re used up, they must give a reason for
each juror they want to disqualify - 60PointThe proposition, argument, or question of law to which you
want the judge to be attentive when writing a brief or pleading - 61PrecedenceThe reliance of a court on the previous decisions of other
courts in similar cases - 62PrerogativeA special right, power, or privilege, such as the legal power
held by the British royal family - 63RatifiedApproved or confirmed
- 64RemedyThe means by which a right is enforced or the violation of
a right is prevented or compensated - 65TreatiseScholarly work explaining laws, codes, and regulations
- 66WritA written order issued by a court ordering the recipient to
do a specified act - 67Writ of CertiorariAn order issued by an appellate court that’s used when it
has discretion on whether or not to hear an appeal from a lower court;
if the writ is denied, the court refuses to hear the appeal, but if the writ
is granted, the lower court must certify the record of the case and
send it to the higher court for review - 68MisdemeanorA crime that’s less serious than a felony, and is punishable
by less time in jail or a lesser fine
Información
- Descripción
- Penn Foster Program
- Creado por
- Shacondala Heffner · ene 2020
- Actualizado
- 4 ene 2020
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