Chapter 3: The Structure and Function of Courts, Legislatures, and Administrative Agencies

Test Bank

Multiple Choice

1. A number of agencies are authorized by law to adjudicate disputes. The primary function of these agencies concerns handling disputes and is focused on employment discrimination and occupational health ______.

A. rulemaking

B. investigation

C. enforcement

D. adjudication

2. The right to determine the meaning of the Constitution and to evaluate whether acts of Congress and the president were authorized by the Constitution is called ______.

A. adjudication

B. judicial review

C. justiciability

D. appeal

3. Identify which one of the primary branches of the UN has the responsibility to deal with issues of economic development, the environment, population, and human rights.

A. general assembly

B. security council

C. economic and social council

D. secretariat

4. Identify which of the following is NOT a federal court.

A. district courts, courts of appeal, Supreme Court, US Court of Claims

B. district courts, courts of appeal, Supreme Court, bankruptcy courts

C. district courts, courts of appeal, Supreme Court, divorce courts

D. district courts, courts of appeal, Supreme Court, US Court of International Trade

5. The governor selecting court judges qualified by a nonpartisan commission is referred to as ______.

A. partisan election

B. nonpartisan election

C. merit selection

D. appointment

6. Identify which of the following refers to asking what the creators of the law intended at the time that the law or constitutional provision was drafted.

A. literalism

B. stare decisis

C. originalism

D. living document

7. The U.S. Supreme Court has original jurisdiction over ______.

A. disputes between states, disputes between the U.S. government and a state, all juvenile death row cases

B. disputes between states, disputes between the U.S. government and a state, disputes between a state and a foreign citizen

C. disputes between states, disputes between the U.S. government and a state, all death row cases

D. disputes between states, disputes between the U.S. government and a state, disputes between a state and its citizen

8. Identify which of the following is NOT an adequate definition of a system used to select state court judges.

A. appointment—judges are appointed by retiring judges

B. partisan election—candidates run for judicial office under the label of a political party

C. nonpartisan election—candidates run for election without party identification

D. merit selection—the governor appoints candidates considered qualified by a nonpartisan commission

9. Identify which of the following is NOT an opinion of the U.S. Supreme Court.

A. majority opinion

B. minority opinion

C. concurring opinion

D. dissenting opinion

10. Identify from below, the best definition of an adjudication.

A. the initial stage of the trial

B. the stage where judges pick the case they will hear

C. the final selection of jury members

D. the final decision reached by a court

11. The term trial de novo refers to ______.

A. supreme court appeal trial

B. new trial

C. initial trial

D. state court appeal trial

12. Identify the number of states that have an appellate court below the state supreme court.

A. 1

B. 7

C. 27

D. 39

13. Candidates for judges run for election without party identification. This is referred to as ______.

A. nonpartisan election

B. partisan election

C. merit selection

D. appointment

14. Identify which of the following refers to the reliance on precedent.

A. living document

B. originalism

C. literalism

D. stare decisis

15. Identify which of the following refers to viewing the Constitution as needing interpretation to meet contemporary needs of society.

A. living document

B. stare decisis

C. justiciability

D. originalism

16. Identify from the following, which term refers to looking at the words of a statute or constitutional provision and not analyzing the intent of the drafters.

A. stare decisis

B. originalism

C. literalism

D. living document

17. The governor selecting and having legislature approve judges is referred to as ______.

A. partisan election

B. nonpartisan election

C. merit selection

D. appointment

18. Identify which of the following highlights issues and influences public opinion.

A. lobbyists

B. legislators

C. executives

D. media

19. Identify the primary function of administrative agencies that deals with developing rules and regulations to be followed by individuals and institutions that fall within their jurisdiction.

A. rulemaking

B. adjudication

C. investigation

D. enforcement

20. Identify which of the following attempt to influence lawmakers to support laws that they favor.

A. lobbyists

B. media

C. executives

D. legislators

21. Candidates for judges who run for election with a party identification is referred to as ______.

A. partisan elections

B. nonpartisan elections

C. merit selection

D. appointment

22. Identify which of the following should use their own judgment when casting votes on issues and whose votes reflect individuals they represent.

A. lobbyists

B. media

C. legislators

D. executives

23. Identify which primary function of administrative agencies deals with investigating and prosecuting violations of the rules.

A. investigation

B. adjudication

C. rulemaking

D. enforcement

24. Identify which of the following can veto and enforce laws.

A. media

B. lobbyists

C. legislators

D. president and governors

25. Identify which one of the following is NOT a primary function of administrative agencies.

A. rule-making

B. investigation

C. enforcement

D. adjudication

26. Identify approximately how many police departments are in large urban areas.

A. less than 10%

B. about 25%

C. over 75%

D. over 95%

27. Approximately what ratio are female police officers?

A. 1 in 2

B. 1 in 20

C. 1 in 8

D. 1 in 4

28. Approximately what ratio are minority police members?

A. 1 in 2

B. 1 in 20

C. 1 in 8

D. 1 in 4

29. The UN was founded in ______.

A. 1941

B. 1945

C. 1989

D. 1999

30. Identify which one of the primary branches of the UN has the responsibility to hear allegations by countries that another country is violating international law.

A. international court of justice

B. secretariat

C. general assembly

D. security council

31. Identify which of the following primary branches of the UN undertakes studies and provides information to other branches of the UN.

A. security council

B. general assembly

C. international court of justice

D. secretariat

32. Identify which one of the primary branches of the UN has the responsibility for maintaining international peace and security.

A. security council

B. general assembly

C. international court of justice

D. secretariat

33. Identify which one of the primary branches of the UN passes nonbinding resolutions and declarations that reflect the sentiment of member states.

A. secretariat

B. international court of justice

C. security council

D. general assembly

34. There are approximately how many federal administrative agencies?

A. 20

B. 30

C. 40

D. 50

35. Identify the area over which federal courts have jurisdiction.

A. Cases involving the United States as a party, cases involving a law passed by the U.S. Congress, constitutional issues, and cases requiring the interpretation of international treaties.

B. Cases involving the United States as a party, cases involving a law passed by the U.S. Congress, constitutional issues, and cases in which an individual from another state is suing for damages less than US$75,000.

C. Cases involving the United States as a party, cases involving a law passed by the U.S. Congress, constitutional issues, and cases in which an individual sues another individual for damages over US$75,000.

D. Cases involving the United States as a party, cases involving a law passed by the U.S. Congress, constitutional issues, and cases requiring the interpretation of an outside party.

1. Federal Courts have jurisdiction over cases involving the United States as a party, cases involving a law passed by the U.S. Congress, constitutional issues, and cases requiring the interpretation of international treaties.

2. The police are not part of the executive branch of the government.

3. Justiciability is a term used to describe several preconditions that must be met before a court will consider a case.

4. The final decision reached by a court is called an adjudication.

5. The U.S. Supreme Court hears over 5000 cases each term.

6. The Second Amendment protects from double jeopardy—being prosecuted for the same crime twice.

7. The federal court is comprised of district courts, courts of appeal, Supreme Court, U.S. Court of International Trade.

8. Judges who do not agree with the majority opinion usually write the minority opinion.

9. At least five U.S. Supreme Court justices need to agree on a matter for a majority opinion.

10. U.S. Supreme Court Justices are elected for 4-year terms.

11. Marbury v. Madison held that the Supreme Court was constitutionally authorized to exercise the right of judicial review.

12. Legislative review means that the U.S. Supreme Court judges have the right to determine the meaning of the Constitution and to evaluate whether acts of Congress and the president were authorized by the Constitution.

13. De Novo is the reliance on precedent, locating a case that is factually similar to the case before the judge, and ensures predictability of law.

14. Literalism looks at the words of a statute or constitutional provision and does not analyze the intent of the drafters of the law or constitutional provision.

15. Congress approves elected representatives, the appointment of judges and cabinet officials, and the heads of agencies such as FBI.

1. Define and explain private disputes and identify the parties involved.

2. Summarize how the United States has a dual court system and include what comprises this dual system.

3. Explain and summarize the term, Judicial Gatekeeping.

4. Summarize the organization of state courts.

5. Compare and contrast the main points of State Courts of Limited Jurisdiction and State Courts of General Jurisdiction.