Law and the Judicial Function MCQs
Law and the Judicial Function MCQs
Welcome to MCQss.com! This page is dedicated to MCQs (multiple-choice questions) that focus on the relationship between law and the judicial function. By engaging with these MCQs, you can test your knowledge and deepen your understanding of legal principles, court procedures, and the role of judges in the judicial process.
The law serves as the foundation of the judicial function, providing the framework within which courts operate and legal disputes are resolved. Judges play a crucial role in interpreting and applying the law to ensure fair and just outcomes. Through our MCQs, you can explore various aspects of the judicial function and test your understanding of this important relationship.
Engaging with our MCQs on law and the judicial function allows you to assess your knowledge and understanding of legal principles, court procedures, and the role of judges in the judicial process. These questions cover a range of topics, including legal reasoning, the hierarchy of laws, the role of precedent, and the impact of judicial decisions on society.
By exploring these MCQs, you will enhance your understanding of the intricate relationship between law and the judicial function. You will gain insights into the decision-making process of judges, the application of legal principles, and the significance of their role in maintaining the rule of law.
Whether you are a law student, legal professional, or simply interested in the judicial process, these MCQs provide a valuable resource to test and expand your knowledge. Deepen your understanding of the law and the judicial function by exploring our MCQs on MCQss.com.
1: Once precedent is set, it can never be overturned.
A. True
B. False
2: Courts provide oversight over the general population.
A. True
B. False
3: Appellate court decisions may have far-reaching impacts.
A. True
B. False
4: English common law is the earliest known written law.
A. True
B. False
5: The theories of Karl Marx are central to the conflict perspective on law.
A. True
B. False
6: Due process is concerned with making sure that the criminal process is efficient, speedy, and final.
A. True
B. False
7: The first and most common role of the courts is oversight.
A. True
B. False
8: Every final decision by a court creates stare decisis.
A. True
B. False
9: Stare decisis is the principle underlying precedent.
A. True
B. False
10: According to the conflict perspective of law, laws are established for the benefit of all citizens.
A. True
B. False
11: One of the main differences between civil law and common law is that common law is written and civil law is unwritten.
A. True
B. False
12: Equity is a term derived from the Latin word for “just” and refers to increased remedies for wrongs that were recognized under English common law.
A. True
B. False
13: Which of the following is one of the irreducible elements of the rule of law?
A. A nation must recognize the supremacy of certain fundamental values and principles.
B. The fundamental values must be unwritten.
C. The rule of law may not be violated.
D. The government may choose whether or not to enforce fundamental values and principles.
14: According to the crime control model, which of the following is key to the effective operation of the criminal process?
A. Plea bargaining
B. Efficiency
C. Legal guilt
D. Protecting rights of defendants
15: Packer’s crime control model compares the criminal justice system to an assembly line. What is the due process model compared to?
A. A factory
B. An obstacle course
C. The common law system
D. The civil law system
16: Is adjudication one of the two key roles of the criminal courts; to process defendants who have been arrested by the police and formally charged with criminal offenses?
A. True
B. False
17: _____ is the first known written legal code. Dating back to 2076 BC in ancient Mesopotamia, the code delineated crimes and their punishments and also enumerated settlements for common disputes.
A. Dissent
B. Code of hammurabi
C. Reverse
D. None of these
18: _____ is defined as laws that developed through court decisions rather than statutes; judge-made law.
A. Centralized
B. Common law
C. All of these
D. Simple
19: Is conflict theorists consider society to be composed of individuals and groups with sharply different interests and to be characterized by conflict and dissention. People and groups everywhere, they maintain, seek to maximize their interests. Because resources are limited, conflict between different individuals and groups is inevitable and continuous?
A. False
B. True
20: Is consensus theorists emphasize how society is structured to maintain its stability and view it as an integrated network of institutions (the family, church, school, economy, government) that function to maintain social order and the system as a whole. Social stability is also achieved in this view through cooperation, shared values, and the cohesion and solidarity that people feel by being part of a shared culture?
A. False
B. True
21: _____ is model that views the suppression of criminal conduct—that is, controlling crime—as the most important function of the criminal justice system; the primary function of the system is to control crime by apprehending, convicting, and punishing those who violate the law; emphasizes efficiency and finality, which is achieved through informal, nonadjudicatory procedures.
A. Fixed-price
B. Crime control model
C. All of these
D. Coordinated
22: Is due process procedural justice that is due to all persons whenever they are threatened with the loss of life, liberty, or property at the hands of the state. Due process is essentially a set of instructions informing agents of the state how they must proceed in their investigation, arrest, questioning, prosecution, and punishment of individuals who are suspected of committing crimes. Due process rules are thus rules that attempt to ensure that people are treated justly by the stat?
A. True
B. False
23: _____ is model that views protecting the rights of individuals as the most important function of the criminal justice system; emphasizes reliability, which is achieved through formal, adversarial procedures.
A. Due process model
B. Private
C. Coordinated
D. None of these
24: _____ is defined as a term derived from the Latin word for just and refers to remedies for wrongs that were not recognized (neither the remedies nor the wrongs) under English common law.
A. Trial sufficiency policy
B. Equity
C. System efficiency policy
D. All of these
25: _____ is known as an ideological worldview that is contrary to people’s best interests. Workers have been duped into accepting the legitimacy of the law by the ruling classes and are not aware that the law does not serve them.
A. Concur
B. Dissent
C. None of these
D. False consciousness
26: Is inquisitorial system system of justice found in most European countries. The parties to the case provide all the relevant evidence to the court, and the judge, not the attorneys for the state or the defense, calls and examines witnesses?
A. True
B. False
27: Is judicial review the power of the court to examine a law and determine whether it is constitutional. To make this determination, judges examine the law and compare it with the Constitution. This requires them to interpret the language of both the statute and the Constitution. If the judge determines the law is constitutional, he or she upholds the law; if not, he or she declares it unconstitutional and therefore void?
A. True
B. False
28: _____ is a written body of rules of conduct applicable to all members of a defined community, society, or culture that emanate from a governing authority and are enforced by its agents by the imposition of penalties for their violation.
A. To address a disputed civil matter
B. None of these
C. To address a disputed factual matter
D. Law
29: _____ is defined as latin for “things said by the way.” Supporting statements made by the courts in making their decisions. These statements are legal or nonlegal arguments used to support the ratio decidendi (legal principles on which the decision is based) and do not constitute precedent.
A. None of these
B. Communication
C. Rehabilitation
D. Obiter dicta
30: _____ is known as an important function of courts, particularly appellate courts. The process of reviewing the decisions of lower courts and of criminal justice officials to ensure that proper procedures were followed and that neither laws nor constitutional provisions were violated.
A. Whether to accept a plea agreement
B. Whether to testify
C. All of these
D. Oversight
31: Is precedent decisions of another court or judge that the judge trying a case will rely on as justification in forming his or her decision?
A. True
B. False
32: Is presumption of guilt the view, prominent in the crime control model of the criminal process, which holds that defendants who are not screened out early in the process by police and prosecutors are probably guilty and therefore can be passed quickly through the remaining stages in the process. A prediction of outcome: Those not screened out early in the process are probably guilty and more than likely will plead guilty or be found guilty at trial?
A. True
B. False
33: _____ is the view, prominent in the due process model of the criminal process, which holds that defendants are to be treated as though their guilt is an open question until they have been adjudicated guilty.
A. Argersinger v. Hamlin
B. Gideon v. Wainwright
C. Presumption of innocence
D. All of these
34: _____ is defined as the Supreme Court has interpreted the Sixth Amendment’s requirement that the defendant be tried by an “impartial jury” to mean that the jury pool must be a “random cross section of the community.” This means that all members of the community must have an equal chance of being included in the jury pool.
A. State Supreme Court
B. All of these
C. U.S. Supreme Court
D. Random cross section of the community
35: _____ is known as latin for “the reason for the decision.” The legal principle or rationale used by the courts to arrive at their decisions.
A. The next highest court in the federal system
B. All of these
C. Ratio decidendi
D. U.S. Supreme Court
36: Is stare decisis a Latin term that means “let the decision stand.” It refers to the judicial practice of looking to the past for pertinent decisions (i.e., for precedent) and deferring to them. Thus, a court will not overturn a past decision on an important legal issue unless there is a good reason for doing so?
A. False
B. True
37: _____ is a writ compelling public officials to perform their duty.
A. Preponderance of the evidence
B. None of these
C. Writ of mandamus
D. Beyond a reasonable doubt
38: When courts rely on precedent, they are obeying ______.
A. Common analysis
B. Res judicata
C. Stare decisis
D. In rem process
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Law and the Judicial Function MCQs
