The U.S. Court System, Part 1

Question	Answer
The U.S. Court System, Part 1	Lesson 2 Review Self-Check
1. 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
2. The first law school was formed in_____?	Italy Explanation: The first law school was formed in Bologna, Italy, by Irnerius. Reference: Section 2.1
3. 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
4. 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
5. 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
6. 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
7. 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
8. 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
9. 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
10. 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
11. 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
12. Early administrative law came from?	federal agencies created by Congress Explanation: Congress created federal agencies, which created administrative law. Reference: Section 2.3
13. 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
14. 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
15. 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
16. 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
17. 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
18. 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
19. 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
20. 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
21. 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
22. 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
23. 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
Inadequate Remedy at Law	A 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
Amicus Curiae	Literally, “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
Annotated	Furnished with comments to explain the meaning of the text
Blue Laws	Laws forbidding stores to be open on Sunday
Casebook	A book containing the text of court decisions, along with explanatory commentary, used in law school to teach legal theories
Case Law	The 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
Citable	Able to be used as an authority
Code	A systematic collection of laws and regulations, classified according to subject matter
Codification	The process of writing and arranging statutes to state clearly the obligations, duties, and rights of citizens, and the procedural rules of law
Common Laws	Principles, rules of action, and rights whose authority comes because of longtime historical acceptance or from judgment by courts, and not from statutes
Concurrent Jurisdiction	Authority 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
Contempt of Court	Any 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
Counterclaim	A 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
Court of Last Resort	Court 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
Cross-Claim	Any claims one party files against a co-party, if the complaint arises out of the same occurrence as the main lawsuit
Cross-Complaint	Found 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
Depublication	When 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
Diplomatic 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
En Banc	Sessions where all the judges of a court, rather than the usual number, participate in the decision
Equity	A 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
et 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
Fact Pattern	The facts that are significant under the law applying to an individual case
Federal Question	A question of right or obligation that arises from the Constitution, acts of Congress, and treaties, and involves their interpretation or application
Fiefdom	Something over which one has rights or control
Forum Shopping	Selecting 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
General Jurisdiction Courts	The 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)
Habeas Corpus	Literally, “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
Infrastructure	The framework of public works and resources of a region or nation
Injunction	A 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
Issue	A 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
Judicial Review	The 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
Jurist	Someone skilled in law, like a judge or professor
Legal Remedy	A remedy available by law, as opposed to in equity, providing for a specific recovery
Limited Jurisdiction Courts	The lower state courts that handle preliminary hearings in felony cases, misdemeanor jury trials, infraction trials, small claims, and county and city ordinance violations
Peremptory Challenge	The 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
Point	The proposition, argument, or question of law to which you want the judge to be attentive when writing a brief or pleading
Precedence	The reliance of a court on the previous decisions of other courts in similar cases
Prerogative	A special right, power, or privilege, such as the legal power held by the British royal family
Ratified	Approved or confirmed
Remedy	The means by which a right is enforced or the violation of a right is prevented or compensated
Treatise	Scholarly work explaining laws, codes, and regulations
Writ	A written order issued by a court ordering the recipient to do a specified act
Writ of Certiorari	An 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
Misdemeanor	A crime that’s less serious than a felony, and is punishable by less time in jail or a lesser fine

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