question

one who inititiates a suit

answer

plaintiff

question

the party against whom a suit is brought

answer

defendant

question

cases that can only be heard in federal courts have this

answer

exclusive jurisdiction

question

court in which a case is first heard has this

answer

original jurisdiction

question

cases that can be heard either in the federal or state courts have this

answer

concurrent jurisdiction

question

the majority of the cases in the U.S. each year are heard in

answer

state courts

question

special courts are created by

answer

congress

question

which does NOT have a significant impact on the appointments of federal judges?

answer

the current members of the supreme court

question

judges of the constiutional courts are

answer

appointed for life

question

federal magistrates

answer

handle some legal matters that federal judges used to handle.

question

T or F. Usually cases tried in district courts are heald by a single judge

answer

true

question

Cases brought before the courts of appeals are usually heard by a...

answer

panel of three judges

question

District courts cover an assigned territory that is based primarily on

answer

state boundaries

question

T or F. the circuit courts are the only federal courts that use grand and petit juries

answer

False

question

How does the cour of appeals for the federal circuit differ from the twelve other federal courts of appeals?

answer

It hears cases all over the country

question

T or F. About 20 percent of the cases that come before federal judges are tried in the district courts.

answer

False

question

T or F. Appellate courts hear appeals from the decisions of federal regulatory agencies.

answer

False

question

The circuit courts were created to

answer

relieve the supreme court of the burden of hearing most appeals

question

In what type of cases do the supreme courts of appeals have original jurisdiction?

answer

no types of cases

question

T or F. The Trade Court hears only civil cases.

answer

True

question

an opinion written to make a point that was not made in the opinion of the court

answer

concurring opinion

question

examples to be followed in similar cases as they arise in lower courts or reach the supreme court

answer

precedents

question

the opinion of the court

answer

majority opinion

question

an opinion disagreeing with the opinion of the court

answer

dissenting opinion

question

an order made by the supreme court to a lower court requesting the records of a particular trial for its review

answer

writ of ceritorari

question

which is NOT a true statement about amicus curiae briefs?

answer

they may be filed only by person who are parties to the case

question

The case of Marbury v. Madison, 1803, is a landmark case because it

answer

asserted the priciple of judicial review

question

the vast majority of cases that come to the supreme court come to it from

answer

state high courts and federal appellate courts

question

the "rule of four" concerns

answer

hwo the supreme court decides which cases it will hear

question

the supreme court has original jurisdiction in all cases in which

answer

one of the states is a party

question

which of the following areas is NOT under the jurisdiction of the territorial courts?

answer

Puerto Rico

question

T or F. The U.S. Tax Court hears only civil cases.

answer

True

question

T or F. The special courts are also called "legislative courts"

answer

True

question

T or F. The U.S. Government can be sued only if it consents to be sued.

answer

True

question

Which is a definition of the term redress?

answer

the satisfaction of a claim

question

Which is NOT true statement about the Court of Appeals for the rmed forces?

answer

Its members are high ranking military officers from each of the armed services

question

The Tax Court

answer

hears only civil cases

question

The territorial courts are comparable to

answer

local trial courts

question

T or F. Before 1855, a person with a claim against the U.S. Government could secure payment only through an act of congress.

answer

True

question

T or F. Decisions of the Court of Veterans Appeals cannot be appealed to any higher court.

answer

False

question

Which of the following statements about civil rights is NOT true?

answer

Rights are extended only to citizens

question

The Free Exercise Clause gives people the right to

answer

believe whatever they choose to believe in matters of religion

question

Which of the following statements about prior restraint is TRUE?

answer

The Supreme Court has only rarely upheld prior restraints

question

Seditious speech is speech that urges others to

answer

overthrow the government

question

Government has the right to make reasonable rules regulating assemblies

answer

to protect against the inciting of violence or the endangerment of life

question

The Due Process Clause guarantees that

answer

states will not deny people any basic or essential liberties

question

A democracy must allow freedom of expression, otherwise

answer

democracy does not really exist

question

Which of the following statements about commercial speech is TRUE?

answer

Federal laws forbids pharmacies from advertising prescription drug prices

question

Which has received the most limited 1st Amendment protection?

answer

radio and television

question

The Supreme Court has ruled that demonstrations on private property

answer

are not protected by the 1st Amendment if demonstrators are trespassing

question

Individual rights were included in the Constitution because

answer

the people demanded a listing of rights

question

The 1o amendments known as the Bill of Rights were originally intended as restrictions against

answer

the new national government

question

Almost without exception, government cannot apply ___ to spoken or written words

answer

prior restraint

question

Under the Establishment Clause, the government still has the power to do all of the following EXCEPT

answer

establish an acceptable voluntary prayer for use in public schools

question

In deciding cases involving laws against sedition, the Supreme Court has

answer

developed the "clear and present danger" rule

question

A person may do as he or she chooses in this country

answer

as long as that person does not infringe on the rights of others

question

Which of the following is NOT one of the public places in which people have a constitutional right to hand out political literature

answer

shopping centers

question

The government can limit free speech or free press if the communication

answer

is advertising

question

An argument for government control of assemblies involves the

answer

duty of government to protect the public

question

All of the following are limited in the United States EXCEPT

answer

popular sovereignty

question

The specific rights that are covered under the 14th Amendment's Due Process Clause

answer

have been spelled out case-by-case by the Supreme Court

question

Government has encouraged religion in the United States in all of the following ways EXCEPT

answer

by allowing the establishment of a national religion

question

The Supreme Court has held that the key factor in determining whether or not released time programs are constitutional is

answer

where those programs are held

question

Because the government is prohibited from an establishment of religion, schools cannot

answer

not allow students religious groups to meet in the schools

question

The distinction the Court has made between prayer in Congress or in State legislatures, and prayer in public schools, is based largely on

answer

the maturity of those being led in prayer

question

The opinions of the majority need little or no constitutional protection because

answer

they are popular

question

In interpreting the freedoms set out in the 1st Amendment, it can often be said that the Court

answer

is careful never to place any restrictions on those freedoms

question

In most cases involving seditious speech, the Supreme Court generally has found that it is reasonable for government to

answer

make it a crime to urge someone to believe it would be best to overthrow the government

question

Reporters use which of the following to argue against being forced to testify in court or to reveal their sources?

answer

the prohibition against seditious speech

question

The fact that the Court has ruled that campaign contributors are a form of speech makes campaign finance regulation more difficult because

answer

to regulate speech is to limit it, which is difficult to do without violating the 1t Amendment

question

Assembling is one means by which Americans may lawfully

answer

seek to influence public policy

question

Demonstrators can be arrested for all of the following EXCEPT

answer

the demonstration causes violence but the demonstrators themselves remain peaceful

question

Picketing is protected by the 1st and 14th Amendment if it is

answer

peaceful

question

All of the following stand as proof of the American commitment to freedom EXCEPT

answer

Article II of he Constitution

question

One of the key factors resulting in the difference between the Supreme Court's ruling on Japanese internment in 1944 and the Federal Government's action in 1998 may well have been

answer

one decision was made during the war and the other long after the war had ended

question

What did artical 3, section 1 of the constitution create?

answer

The federal judiciary

question

What are constitutional courts?

answer

Exercise the "Broad" judicial power

question

What are special courts?

answer

Legislative courts

question

Under what circumstances may federal courts be heard?

answer

Constitutional issues , conflict overseas and government

question

What is The procedure for the selection of federal judges?

answer

Presidential appointment for life approved or rejected by senate

question

What is the primary function of federal judges?

answer

To hear and decide cases

question

How long are the terms of judges of constitutional?

answer

For life

question

How long are the terms of judges of special courts?

answer

8-15 years

question

The majority of cases heard in the U.S each year are heard in ....?

answer

State courts

question

Special courts are created by?

answer

Congress

question

Who do NOT have significant impact on appointments of federal judges ?

answer

The current members of the supreme courts

question

Federal marshals do NOT...?

answer

Try persons charged with certain minor offenses

question

On what basis is the U.S divided into judicial districts?

answer

Each state forms at least one federal dis., state with large population are further divided

question

When and why were the courts of appeals created?

answer

1891, to relieve the Supreme Court of much the branches of hearing appeals

question

Cases brought before the courts of appeals are usually heard by...?

answer

A plane of 3 judges

question

What is not a type of case heard by the court of appeals for the federal circuit?

answer

An appeal from the court of military appeals

question

In the U.S the court of last resort in questions of federal las is...?

answer

The supreme court

question

The first case in which the court used its power of judicial review was...?

answer

Marbury VS Madison

question

The Supreme Court has original jurisdiction in cases involving a......... Or those affecting.......?

answer

State and ambassadors

question

A case is accepted if at least ..... Court court justices agree to place it on the docket ?

answer

4

question

When the Supreme Court accepts a case, it receives written documents called...... And hears.....?

answer

Briefs and oral arguments

question

The opening day of each Supreme Court term is?

answer

The first Monday in October

question

District courts cover an assigned territory that based primarily on?

answer

State boundaries

question

What is the patrolling of a business site by workers on strike?

answer

picketing

question

What protects the right to hold one's own religious beliefs?

answer

free exercise clause

question

What are the first ten amendments to the Constitution called?

answer

Bill of Rights

question

What is the crime of attempting to overthrow the government by force?

answer

sedition

question

What are positive acts of government that seek to make constitutional guarantees for all?

answer

civil rights

question

What are false and malicious use of the printed word?

answer

libel

question

What is the right to gather with others to promote political, economic, and social issues?

answer

right of associaation

question

What protects reporters from having to disclose their sources?

answer

shield laws

question

What are foreign born, non-citizen?

answer

aliens

question

What is an expression by conduct such as carrying a sign or wearing an armband?

answer

symbolic speech

question

Private schools that are church-related are known as _______ schools.

answer

parochial

question

Government action seeking to curb ideas before they are expressed is called ______.

answer

prior restraint

question

The government's rules must be ______, meaning that government can regulates assemblies based on what is called time, place, and manner

answer

content neutral

question

The right of people to gather to express their views is called the right to _____.

answer

assemble

question

Protections against arbitrary act of government are known as ____.

answer

civil liberties

question

The ______ sets up the separation between church and state.

answer

establishment clause

question

States cannot deny the Bill of Rights to their citizens because of the ____ of the 14th.

answer

due process clause

question

_____ gives reporters protection from disclosing their sources.

answer

shield laws

question

During a speech at a really, you are not free to ____ another person.

answer

slander

question

______ is the advocating of conduct to disrupt the government with violence.

answer

seditious speech

question

In most cases involving seditious speech, the Supreme Court has found it reasobable

answer

government to protect

question

An argument for government control of assemblies involves the

answer

duty of government to protect the public

question

Which is NOT one a public place people have a constitutional right to hand out political lit?

answer

shopping centers

question

Under the Establishment Clause, the government can do the following EXCEPT

answer

voluntary school prayer

question

Which statement about commercial speech is TRUE?

answer

it's protected by the 1st & 14th Amendments

question

The Bill of Rights were originally intended as restrictions against

answer

the new national government

question

The Supreme Court has ruled that demonstrations on private property

answer

are not protected if demonstrators are trespassing

question

In deciding cases involving laws against sedition, the Supreme Court has

answer

developed the "Clear & Present Danger" Rule

question

A person may do as he or she chooses in this country

answer

If that person does not infringe on the rights of others

question

The government can limit free speech or free press if the communication

answer

is advertising

question

A democracy must allow freedom of expression, otherwise

answer

democracy does not really exist

question

Which of the following statements about civil rights is NOT true?

answer

rights are extended only to citizens

question

Seditious speech is speech that urges others to

answer

overthrow the government

question

Government has the right to make reasonable rules regulating assemblies

answer

to protect against violence or life endangerment

question

Which of the following statements about prior restrain is TRUE?

answer

the Supreme Court has only rarely upheld prior restraint

question

The Free Exercise Clause gives people the right to

answer

believe whatever they choose in matters of religion

question

The Due Process Clause guarantees that

answer

States will not deny people any basic or essential liberties

question

Individual rights were included in the Constitution because

answer

the people demanded a listing of rights

question

Which has been the distinction made between prayer in Congress and prayer in public schools?

answer

the maturity of those being led in prayer

question

Almost without exception, government cannot apply ____ to spoken or written words.

answer

prior restraint

question

Which has received the most limited 1st Amendment protection?

answer

radio and television

question

The specific rights that are covered under the 14th Amendment's Due Process Clause

answer

have been spelled out case-by-case by the Supreme Court

question

What has been the determining factor in released time programs by the Supreme Court?

answer

where those programs are held

question

Because the government is prohibited from an establishment of religion, schools cannot

answer

not allow student religious group to meet in the school

question

All of the following are limited in the United States EXCEPT

answer

popular sovereignty

question

Supreme Court ruling on Japanese interment camps in 1944 and Federal government in 1988

answer

during World War II & long after the war ended

question

All stand as proof of the American commitment to freedom EXCEPT

answer

Article II of the Constitution

question

Government has encouraged religion in the U.S. in all the following EXCEPT

answer

by allowing the establishment of national reliion

GOV ch18, Chapter 19 Government, Chapter 18, Gov CH. 19 – Flashcards

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