Midterm exam 1

Attempt 1


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Question 1 4 / 4 points

How many Cabinet-level Departments are in the executive branch?

Question 2 4 / 4 points

Which of the following is an equitable remedy?

Compensatory Damages
Punitive Damages
Liquidated Damages
Specific Performance
Question 3 4 / 4 points

If a simple majority of each house of Congress votes to adopt a bill that has been vetoed by the president, it still becomes law.

Question 4 4 / 4 points

The U.S. Supreme Court did not rule on a single case during its first session (aka first three years).

Question 5 4 / 4 points

The U.S. Justice Department is an agency of the executive branch.

Question 6 4 / 4 points

A proposal considered by Congress is called _______.

a statute
a bill
an act
a draft
Question 7 4 / 4 points

The state with the most U.S. District Courts is:

New York
All of the Above
None of the Above
Question 8 4 / 4 points

There are ___ U.S. Courts of Appeals.

Question 9 4 / 4 points

Diversity jurisdiction is a federal jurisdiction enumerated within the U.S. Constitution.

Question 10 4 / 4 points

Courts don’t consider themselves bound by how other courts of equal or superior rank have previously interpreted a law.

Question 11 4 / 4 points

The “supremacy clause” is found in Article ____.

Question 12 0 / 4 points

Those who are defendants in a civil case or who wish to initiate a civil case do not have the right to representation.

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Question 13 4 / 4 points

Which U.S. president was the only president ever to have an opportunity to appoint the entire federal judiciary?

Donald Trump
Thomas Jefferson
Franklin D. Roosevelt
George Washington
Question 14 4 / 4 points

Who was considered the most influential United States Supreme Court justice in history?

Thurgood Marshall
John Jay
Ruth Bader Ginsburg
John Marshall
Question 15 4 / 4 points

Intermediate Appellate Courts are not available in every state in America.

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Question 16 4 / 4 points

Both the U.S. Constitution and statutory law supersede common law in America.

Question 17 4 / 4 points

To resolve conflicts of opinion on similar cases in the Circuit Courts and to promote circuit unanimity, federal statutes provide for an “en banc” procedure in which all the circuit’s judges sit together on a panel and decide a case. However, the ______ Circuit only requires a panel of ____ judges, as it is so large.

Ninth, 9
Third, 9
Ninth, 11
Eleventh, 11
Question 18 4 / 4 points

The federal government or a state government is always a party to what type of action?

civil action
criminal action
Question 19 4 / 4 points

How many jurors are required for a federal criminal trial?

Question 20 4 / 4 points

Amicus curiae briefs are often filed by the parties in civil litigation matters, if they forget to file something in the main pleadings.

Question 21 20 / 20 points

Match each of the ten (10) types of judicial self-restraint to their definition.

__8__ The Burden of Proof Is on the Petitioner
__9__ Laws Are Overturned on the Narrowest Grounds Only
__1__ A Definite Controversy Must Exist
__7__ Courts Do Not Decide “Political Questions”
__4__ Appellate Courts Rule on Legal — Not Factual — Questions
__2__ A Plea Must Be Specific
__10__ No Rulings Are Made on the “Wisdom” of Legislation
__6__ Other Remedies Must Be Exhausted
__5__ The Supreme Court Is Not Bound (Technically) by Precedents
__3__ Beneficiaries May Not Sue
1. is defined as the restraint where federal courts do not render advisory opinions; parties to the suit must have proper standing, and courts ordinarily will not hear a case that has become moot.
2. is defined as a constraint upon the federal judiciary in that judges will hear no case on the merits unless the petitioner is first able to cite a specific part of the Constitution as the basis of the plea.
3. is defined as the constraint that a petitioner who has been the beneficiary of a law or an official action may not subsequently challenge that law.
4. is defined as a constraint upon appellate courts; as they will generally not hear cases if the grounds for appeal are that the trial judge or jury wrongly amassed and identified the basic factual elements of the case.
5. is defined as the High Court’s ability to allow itself the freedom to overrule a past decision or to ignore a precedent that would seem to be controlling.
6. means that one must work up the ladder with one’s legal petitions. Federal cases must first be heard by the U.S. trial courts, then reviewed by one of the appellate tribunals, and finally heard by the U.S. Supreme Court.
7. means that a political question is one that ought properly to be resolved by one of the other two branches of government.
8. is defined as the constraint that an individual who would challenge the constitutionality of a statute bears the burden of proof.
9. means that a judge must be cautious when overturning a law even if they clearly see that the strictures of the Constitution have been offended by a legislative or executive act.
10. means that the only basis for declaring a law or an official action unconstitutional is that it literally violates the Constitution.
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