RELI MISC TEST III QUESTIONS JUDICIAL

RELI MISC TEST III QUESTIONS JUDICIAL Test III 1. All of the following are limitations to a party’s right of appeal except a. prosecutors generally may not appeal not guilty verdicts in criminal trials. b. the appellate court reviews only questions of law. c. the party must appeal from a final order of the court in most cases. d. losing parties may appeal by right only once. e. criminal defendants generally may not appeal guilty verdicts in criminal trials. 2. Assume that in a particular case that the current U.S. Supreme Court decided, Chief Justice Roberts, and Justices Scalia, Thomas and Kennedy formed the minority bloc. Who assigns the opinion-writing responsibilities for the majority opinion? a. Chief Justice Roberts b. Associate Justice Breyer c. Associate Justice Scalia d. Associate Justice Sotomayor e. Associate Justice Stevens 3. Justice Ruth Bader Ginsburg, for example, votes with the majority of the Court on a particular case, even though her reasoning differs from the majority’s opinion. She may choose to express her reasons in a(n) a. opinion of the Court. b. concurring opinion. c. per curiam opinion. d. dissenting opinion. e. dissent from denial of cert. 4. Habeas Corpus petitions differ from other appeals in all of the following ways except: a. they may raise issues not raised during trial. b. they may attempt to gain the legal protections that have been established since the trial occurred. c. they are theoretically unlimited in number. d. they may be filed by any party. e. they are not limited in terms of the length of the petitioner’s brief. 5. According to lecture, all of these are benefits of the appellate court system except: a. Achieves uniformity in legal interpretation. b. Integrates a diverse judiciary that is often characterized by dispersal of power. c. Allows flexibility in applying laws to local conditions. d. Fosters policy-making for the political system through appellate decisions. e. Protects parties from arbitrary and capricious decisions of lower court judges. 6. All of the following are features common to criminal appeals, except: a. They are often non-meritorious. b. They are very similar. c. They are rarely successful. d. Successful appellants tend to be the more serious offenders. e. Successful appellants’ victories are short-lived. 7. Which of the following statement(s) is (are) NOT true about the American appellate process? a. Judges may ask questions during oral argument. b. Lawyers may introduce new evidence. c. Decisions are made by a group of judges. d. There are limits on when a case can be appealed. e. Some of the above are not correct. 8. Efforts to improve the efficiency of appellate courts have included all of the following except: a. eliminating oral argument b. issuing summary affirmations c. issuing unpublished opinions d. eliminating dissenting opinions e. Some of these are correct. 9. Recently, a number of state courts of last resort have ruled on the question of gay marriage. These rulings are examples of a. state's rights. b. expanded original jurisdiction. c. state judicial activism. d. new judicial federalism. e. error correction by these courts. 10. Which author would most likely assert that judicial decision-making rests on the assumption that appellate court judges view cases primarily in terms of the judges’ policy preferences? a. Charles Curtis b. Jerome Frank c. Richard Pacelle d. Alex Kozinski e. Harold Spaeth 11. Which of the following authors would most likely agree that a trial is a “knife fight with ties”? a. Charles Curtis b. Jerome Frank c. Richard Pacelle d. Alex Kozinski e. Harold Spaeth 12. In a case decided by an appellate case styled as Smith v. Jones, which of the parties most likely lost in the lower court? a. Smith b. Jones c. Neither party. d. It cannot be determined from the information given. e. Some of these are correct. 13. Dissenting opinions are important because: a. they represent the position of the chief justice. b. they are the statement of the defendant's attorney. c. in criminal law, they must be implemented by local police. d. they can form the basis of arguments used years later reversing the majority opinion in a similar case. e. They have no value as they represent merely “judicial egotism.” 14. Of the themes present in Turow’s One L, the most important is a. competition b. difficulty c. socialization d. the intellectual process e. the Professor-Student relationship 15. The unique position of the solicitor general stems from his/her involvement in which branch of government? a. executive b. judicial c. legislative d. b and c e. a and b 16. In One L, who specifically is Turow’s enemy? a. the law itself with its contradictions and unjust results. b. Turow’s own insecurities that led him to want to do things that he otherwise would not do. c. Turow’s own sense that a career as a lawyer is really not worth all the time and trouble of law study. d. Professor Perini e. Harvard Law School itself 17. In the end, was Turow invited to be a member of the Law Review? a. Yes. b. No. c. Invitations to the Law Review were not mentioned in Turow’s work. d. He received the letter at the end of the academic year indicating whether he was accepted or not, but tossed it away without opening it as a reflection of his disgust with Harvard Law School in general. e. First year students, known as “One Ls,” are not invited to be members of the Law Review. 18. The U.S. Constitution’s Fifth Amendment prohibition of double jeopardy means: a. Every party has the right to a jury trial b. The losing party has the right to one appeal c. A prosecutor cannot appeal a verdict of not guilty d. A defendant is innocent until proven guilty e. Defendants have a right to counsel 19. If a ruling is affirmed on appeal, it: a. means the case cannot be appealed to a higher court. b. is sent back to the lower court that heard the case. c. means the decision of a lower court was accepted by the appellate court. d. will automatically result in a new trial for the defendant. e. Some of the above are correct. 20. Which of the following approaches to studying judicial decision making rests on the assumption that appellate court judges view cases primarily in terms of their policy preferences? a. the political model. b. the Laswellian model. c. the legal model. d. the attitudinal model e. Some of the above are correct. 21. Which of the following is NOT one of the common steps in American appellate procedure: a. writing and filing briefs b. selecting jurors c. presenting oral argument d. writing an opinion e. All of the above are common steps in American appellate procedure. 22. When an appellate court remands a case, it: a. affirms the lower court's decision. b. reverses the lower court's decision. c. returns the case to the lower court. d. submits the case to a higher court. e. shifts the case to another appellate court. 23. The doctrine of suggests that the issues in the controversy at hand are insufficiently developed so that the court cannot reach a clear decision. a. Mootness b. Political Question c. Ripeness d. Standing e. Justiciability 24. 24. Under which of the following legal doctrines has the Court refused to hear challenges to American foreign policy? a. political questions b. taxpayer lawsuits c. ripeness d. class action e. mootness 25. Assume that there are five amici briefs filed in support of a particular writ of certiorari, and eight filed in opposition. What effect, if any, will there be as a result of these filings? a. It is likely that the Court will not hear it because of the greater opposition to the petition. b. It is likely that the Court will hear the case because of the overall great interest in the case. c. It is not likely that the Court will hear the case because the case did not generate enough interest by important interest groups. d. There is no effect either way. e. The scholarly literature in the area is not conclusive about the effect of such briefs. 26. This is the method by which a case can be heard by the U.S. Supreme Court in which the Court historically has reviewed lower court decisions that have declared a state or federal law unconstitutional. Since 1988, Congress has restricted it to only those cases that deal with civil rights, voting rights and legislative reapportionment cases. a. Certification b. Certiorari c. Appeal d. Abstention e. Pre-emption 27. The rule regarding standing to bring suits involve all of the following except: a. the existence of a controversy between adversaries. b. the probability of reaching a satisfactory solution. c. evidence that actual harm has occurred. d. a stake in the outcome beyond that of being a taxpayer. e. injury that is cognizable at law. 28. The War on Terrorism and the 9/11 attacks are examples of a. the volitional agenda b. the exigent agenda c. political questions d. attitudinal influences e. Some of these are correct. 29. When the Supreme Court issues a "collective" unsigned opinion in a case, its brief decision is referred to as: a. an amicus curiae opinion b. a per curiam opinion c. an obiter dictum opinion d. an in forma pauperis opinion e. a mandamus opinion 30. According to Pacelle, the advent of the Great Depression or the occurrence of World War II would best be characterized as a. a goal. b. a rule. c. a situation d. a volitional agenda e. None of these are correct. 31. Generally, either the plaintiff or the defendant may appeal a decision to an appellate court in: a. a criminal case b. a civil case c. both a criminal and a civil case d. only a civil but not a criminal case e. neither a criminal nor a civil case 32. Which statement best describes post-conviction remedies: a. They may be filed only in federal court. b. They are limited to issues raised on appeal. c. They are limited to constitutional defects. d. They are limited to one filing. e. They may only be filed in the court which convicted the defendant. 33. According to studies of judicial role, which phrase best describes judges who express a very narrow and traditional view of the judicial process. a. conservatives b. pragmatists c. law interpreters d. law makers e. liberals 34. The prime example of the U.S. Supreme Court's original jurisdiction is: a. suits between citizens of different states b. a state challenging the constitutionality of a federal law c. suits between two or more states d. disbarment of attorneys e. cases drawn from the Circuit Courts of Appeals 35. The most common route by which cases come to the U.S. Supreme Court is by: a. amicus curiae b. certiorari c. appeal d. certification e. original jurisdiction 36. The appellate jurisdiction of the Supreme Court is determined by: a. Congress b. the Supreme Court c. the Justice Department d. the Constitution e. the Federal Rules of Civil Procedure 37. The "discuss list" is prepared by: a. Congress b. the chief justice c. the clerk of court d. the solicitor general e. law clerks 38. A writ of certiorari is issued by the Supreme Court only when: a. a majority of justices affirmatively vote for it. b. at least four justices affirmatively vote for it. c. a unanimous Court supports it. d. the Solicitor General approves of it. e. Some of these are correct. 39. A motion for a change of venue requests which of the following be changed: a. the place of the trial. b. the judge who is hearing the case. c. the prosecutor. d. a juror accused of misconduct. e. the type of court hearing the cause. 40. The specific term designating a petition to the Supreme Court filed by an indigent is termed: a. primus inter pares b. assigned counsel c. unpaid case d. in forma pauperis e. amicus curiae 41. This is an issue or the resolution of the issue that is committed to another branch of government, so that its consideration by a court violates the doctrine of separation of powers. a. Mootness b. Political Question c. Ripeness d. Standing e. Justiciability 42. Pacelle characterizes the personal policy views of the justices of the U.S. Supreme Court as: a. goals b. rules c. situations d. agendas e. laws 43. Studies of jury deliberations have found all of the following except: a. Men tend to talk more than women during deliberations. b. Those who are better educated talk more than those with less education. c. Those with higher status occupations tend to be elected foreperson. d. Lone hold-outs are common. e. One-third of the time the vote on the first ballot is unanimous. 44. Of the many cases in which litigants seek review each year, the Supreme Court typically accepts for plenary review: a. less than 100. b. between 100 to 150. c. between 150 to 200. d. over 200. e. The number is too dynamic to find a typical level. 45. Which author would most likely assert that judicial decision-making rests solely on the judges’ differing views of the law and not personal differences among the judges? a. Charles Curtis b. Jerome Frank c. Richard Pacelle d. Alex Kozinski e. Harold Spaeth 46. In Turow’s One L, when the students were greatly concerned about course outlines, participated in Ames Moot Court, and laughed at others who were humiliated in class are best characterized as examples of what theme? a. competition b. difficulty c. socialization d. intellectual process e. the Professor-Student relationship 47. Who prepares the memos reviewed by the Court in the “cert pool”? a. Congress b. the chief justice c. the clerk of court d. the solicitor general e. law clerks 48. Which of the following do federal courts NOT issue? a. injunctions b. advisory opinions c. writs of mandamus d. writs of habeas corpus e. writs of appeal 49. Which statement best describes doctrines of access: a. they are clearly defined and largely inflexible b. they grant the Supreme Court flexibility in deciding which cases the federal courts will hear c. they vary little depending on the justices sitting on the court d. they are largely based on the Constitution and legislative acts e. None of these are correct. 50. Pacelle characterizes the institutional norms that govern and guide U.S. Supreme Court decision- making as: a. goals b. rules c. situations d. agendas e. laws