,Chapter 01 - The American Legal System
Chapter 01
The American Legal System
Multiple Choice Questions
1. The common law is
A. a deductive system of law where the rules are expounded first and then the court decides
the legal situation under the existing rules.
B. an inductive system of law in which a legal rule is arrived at after consideration of a great
many specific instances or cases.
C. an administrative system of law in which a government official uses a panel of common
citizens to develop the rule of law.
D. a legislative system of law that operates at the state and local levels.
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2. In the legal citation 539 U.S. 558 (2003), the number 558 refers to the
A. docket number of the case.
B. volume of the reporter which contains the case.
C. first page number of the case.
D. federal judicial number of the case.
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3. The concept of "statutory construction" best refers to the process of
A. legislative bodies creating and drafting the common law.
B. legislative bodies creating and drafting statutes.
C. courts and judges interpreting the meaning of the common law.
D. courts and judges interpreting the meaning of statutes.
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, Chapter 01 - The American Legal System
4. 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
A. following the doctrine of stare decisis.
B. not following the doctrine of stare decisis.
C. applying the void for vagueness doctrine.
D. applying both the void for vagueness doctrine and the overbreadth doctrine.
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5. 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
A. concurring opinion.
B. dissenting opinion.
C. plurality opinion.
D. per curiam opinion.
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6. The Congress has the authority to abolish every federal court in the land, except for the
U.S. Supreme Court, because
A. the Congress is the supreme government institution and it represents the people.
B. the Congress controls the federal budget, including the budget for the courts.
C. the Constitution specifically calls for only one court, the Supreme Court.
D. federal judges are appointed by the Congress.
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7. What is the Supreme Court doing when it issues a writ of certiorari?
A. It is ordering a lower court to rehear a case.
B. It is overturning a previous Supreme Court ruling.
C. It is agreeing to hear the appeal of a lower court ruling.
D. It is rejecting an appeal to rehear a case, noting that it is certain its first ruling was correct.
Accessibility: Keyboard Navigation
1-3
Copyright 2020 © McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
Chapter 01
The American Legal System
Multiple Choice Questions
1. The common law is
A. a deductive system of law where the rules are expounded first and then the court decides
the legal situation under the existing rules.
B. an inductive system of law in which a legal rule is arrived at after consideration of a great
many specific instances or cases.
C. an administrative system of law in which a government official uses a panel of common
citizens to develop the rule of law.
D. a legislative system of law that operates at the state and local levels.
Accessibility: Keyboard Navigation
2. In the legal citation 539 U.S. 558 (2003), the number 558 refers to the
A. docket number of the case.
B. volume of the reporter which contains the case.
C. first page number of the case.
D. federal judicial number of the case.
Accessibility: Keyboard Navigation
3. The concept of "statutory construction" best refers to the process of
A. legislative bodies creating and drafting the common law.
B. legislative bodies creating and drafting statutes.
C. courts and judges interpreting the meaning of the common law.
D. courts and judges interpreting the meaning of statutes.
Accessibility: Keyboard Navigation
1-1
Copyright 2020 © McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
,Chapter 01 - The American Legal System
1-2
Copyright 2020 © McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
, Chapter 01 - The American Legal System
4. 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
A. following the doctrine of stare decisis.
B. not following the doctrine of stare decisis.
C. applying the void for vagueness doctrine.
D. applying both the void for vagueness doctrine and the overbreadth doctrine.
Accessibility: Keyboard Navigation
5. 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
A. concurring opinion.
B. dissenting opinion.
C. plurality opinion.
D. per curiam opinion.
Accessibility: Keyboard Navigation
6. The Congress has the authority to abolish every federal court in the land, except for the
U.S. Supreme Court, because
A. the Congress is the supreme government institution and it represents the people.
B. the Congress controls the federal budget, including the budget for the courts.
C. the Constitution specifically calls for only one court, the Supreme Court.
D. federal judges are appointed by the Congress.
Accessibility: Keyboard Navigation
7. What is the Supreme Court doing when it issues a writ of certiorari?
A. It is ordering a lower court to rehear a case.
B. It is overturning a previous Supreme Court ruling.
C. It is agreeing to hear the appeal of a lower court ruling.
D. It is rejecting an appeal to rehear a case, noting that it is certain its first ruling was correct.
Accessibility: Keyboard Navigation
1-3
Copyright 2020 © McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
