Multiple Choice Questions

Chapter 01 - The American Legal System

Mass Media Law 21st Edition Calvert Test Bank Chapter 01 The American Legal System Multiple Choice Questions

• The common law is
• a deductive system of law where the rules are expounded first and then the court decides

the legal situation under the existing rules.

• an inductive system of law in which a legal rule is arrived at after consideration of a great

many specific instances or cases.

• an administrative system of law in which a government official uses a panel of common

citizens to develop the rule of law.

• a legislative system of law that operates at the state and local levels.

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• In the legal citation 539 U.S. 558 (2003), the number 558 refers to the
• docket number of the case.
• volume of the reporter which contains the case.
• first page number of the case.
• federal judicial number of the case.

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• The concept of "statutory construction" best refers to the process of
• legislative bodies creating and drafting the common law.
• legislative bodies creating and drafting statutes.
• courts and judges interpreting the meaning of the common law.
• courts and judges interpreting the meaning of statutes.

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Chapter 01 - The American Legal System

• The U.S. Supreme Court's 2018 ruling in Janus v. American Federation of State, County &

Municipal Employees was an example of the Supreme Court

• following the doctrine of stare decisis.
• not following the doctrine of stare decisis.
• applying the void for vagueness doctrine.
• applying both the void for vagueness doctrine and the overbreadth doctrine.

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• A justice who agrees with the result reached by the majority of the court, but who does not

agree with the majority's reasoning or who wants to emphasize a point ignored by the majority can write is known as a

• concurring opinion.
• dissenting opinion.
• plurality opinion.
• per curiam opinion.

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• The Congress has the authority to abolish every federal court in the land, except for the

U.S. Supreme Court, because

• the Congress is the supreme government institution and it represents the people.
• the Congress controls the federal budget, including the budget for the courts.
• the Constitution specifically calls for only one court, the Supreme Court.
• federal judges are appointed by the Congress.

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• What is the Supreme Court doing when it issues a writ of certiorari?
• It is ordering a lower court to rehear a case.
• It is overturning a previous Supreme Court ruling.
• It is agreeing to hear the appeal of a lower court ruling.
• It is rejecting an appeal to rehear a case, noting that it is certain its first ruling was correct.

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Chapter 01 - The American Legal System

• A per curiam opinion is
• an unsigned opinion from an appellate court.
• an opinion issued by an attorney general.
• an opinion by a judge or justice who disagrees with the majority opinion.
• a written legal argument prepared by an attorney.

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• When it comes to granting a petition for a writ of certiorari, the U.S. Supreme Court applies

the

• rule of three.
• rule of four.
• rule of five.
• rule of six.

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• Which statement about U.S. Courts of Appeals is correct?
• Each state has its own U.S. Court of Appeals.
• There are four U.S. Courts of Appeals—one each for the Eastern, Western, Southern, and

Northern United States.

• There are 13 circuits of the U.S. Courts of Appeals.
• There are nine U.S. Courts of Appeals, one for each justice on the Supreme Court.

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• The U.S. Supreme Court today typically agrees to hear
• fewer than 100 cases each year.
• between 100 and 150 cases each year.
• between 150 and 250 cases each year.
• more than 250 cases each year.

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Chapter 01 - The American Legal System

• A trial held before a judge and without a jury is known as
• a habeas corpus trial.
• a bar trial.
• an en banc trial.
• a bench trial.

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• Organizations or entities that are not parties to a case but that nonetheless hold a vested

interest or concern with its outcome can sometimes file which types of briefs?

• habeas corpus
• stare decisis
• amici curiae
• ergo propter hocs

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Short Answer Questions

• List the five sources of law.

The five sources of law are as follows: 1) common law; 2) equity law; 3) statutory law; 4) constitutional law; and 5) executive orders and administrative rules.

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• List the four different options that courts have when offered a case as precedent by an

attorney for one of the parties in a lawsuit.

The four different options that courts have are as follows: 1) follow/accept it; 2) modify/update it; 3) distinguish it; and 4) overrule it.

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