Final Exam Review Packet F2024 PDF

## Final Exam Review Packet **General Knowledge** - Legal terminology - Case law - Constitutional Amendments - Bill of Rights - CPs - Chapter Lecture Outlines - Jurisdiction - Class discussions - Plea Bargaining **Exam Information:** - 80 questions, worth 1/4 point each (total of 20 points). - F...

## Final Exam Review Packet **General Knowledge** - Legal terminology - Case law - Constitutional Amendments - Bill of Rights - CPs - Chapter Lecture Outlines - Jurisdiction - Class discussions - Plea Bargaining **Exam Information:** - 80 questions, worth 1/4 point each (total of 20 points). - Format: True/False, multiple choice, and matching. - Administered in classroom Library 578 during the scheduled exam date/time. - Attendance is mandatory. - Answers may be changed or relocated, so focus on understanding the material rather than memorizing answers. - Questions will cover material from this review packet and the categories listed under General Knowledge. - Final exam answers will not be reviewed in class, but scores will be posted on CANVAS. **Chapter 1: Introduction** 1. **False:** The concept of law emerged with the Industrial Revolution in the late 18th century in Great Britain. 2. **False:** Law is amoral. 3. Equity courts in Colonial America were ultimately consolidated into courts of general jurisdiction, with the exception of **Louisiana**. 4. Filing one's income taxes is an example of the **prescriptive** role of law. 5. **True:** Natural law exists whether or not there is a specific enactment by the authority of government. 6. The language in the Declaration of Independence and Bill of Rights, "all men are created equal," reflects the **natural** law doctrine. 7. In a court of general jurisdiction in America, a criminal proceeding heard by a single judge is known as a **bench trial**. 8. **False:** Appellate courts in the American judicial system cannot hear new evidence if it relates directly to the guilt or innocence of a defendant in a criminal murder trial. They can only review the record. **Chapter 2: Legal Education - Law Schools** 1. **True:** In the case method of study, it is the **process**, not the outcome, that counts. 2. The role of the professor in the case method of study is **to goad and stimulate, ask questions**. 3. **False:** The case method does not make every position respectable. 4. The ABA recommends that prospective law students have a bachelor's degree in **law & justice studies** or **none of the above**. 5. **True:** To take a state bar exam, one must graduate from an ABA-accredited law school. **Chapter 4: Structure/Administration of Courts** 1. Cases are disposed of in trial courts through the following methods: **negotiation, plea bargaining, bench trial, jury trial, and all of the preceding.** 2. Jurisdiction refers to a court's authority over **geographic area, subject matter, person(s), and all listed.** 3. The two basic types of courts are **trial** and **appellate**. 4. **False:** Federal circuit courts of appeal do not have to hear all appropriate cases brought before them. 5. The **reporter system** replaced legal reliance on treatise writers at the turn of the 19th century. 6. Cases before a federal court of appeals are typically heard by a **3-judge panel**. **Chapter 5: Appellate Process/Role of Judiciary** 1. **Witness testimony** is NOT used during consideration of a case under appellate review. 2. **The ACLU** (American Civil Liberties Union) is most likely to file an amicus curiae brief before an appellate court. 3. In cases of original jurisdiction before SCOTUS, testimony is heard by the **United States**. 4. **False:** SCOTUS does not have discretion to only review cases it wants to hear under the petition for writ of certiorari process. It has the power to choose which cases it wants to review. 5. **False:** SCOTUS provides a summary ruling in writing, but not a brief summary, when either turning down or accepting a case for review. 6. **True** Oral arguments before the Court are typically limited to one hour each for each side's attorney. 7. The judicial interpretation view that supports the courts usurping the legislative function is **judicial activism**. 8. **False:** The Constitution does not provide explicit language regarding statutory interpretation rules. 9. Judicial restraint is the view that appellate decisions should be based on **precedent**. 10. **False**: The Founding Fathers and the drafters of the Constitution represented all Americans. 11. The term that reflects the view that justices "must take the Constitution as they find it and not make things up as they go along" is **originalism**. 12. **True**: The ambiguity in the Constitution provides opportunity for judicial officers from both ends of the ideological spectrum to assert their authority and shape public policy. 13. The primary goal of politicians/legislators is **to get elected/re-elected**. 14. **True**: When a statute is clear, it is a rule of statutory interpretation that no further examination is necessary. **Chapter 6: U.S. Supreme Court/Landmark Cases** 1. The cornerstone of the federal courts is **judicial independence**. 2. Chief Justice John Marshall established the principle of judicial independence in **Marbury v. Madison (1803)**. 3. The Bill of Rights was intended to apply to **both federal and state governments**. 4. The **14th Amendment** ultimately extended due process rights expressed in the Bill of Rights to state court litigation. 5. The Court's 1896 case, Plessy v. Ferguson, 163 U.S. 537 (1896), stood for the proposition that **separate but equal** is constitutional. 6. The legal term that supports the concept that judges generally defer to legislators who are democratically accountable is **judicial comity**. 7. In the legal world of certainty and predictability, **stare decisis** is the concept judges should follow in deciding cases. **Chapter 7: Judges, Prosecutors, Criminal Defense Attorneys** 1. **False**: Judges acting in bad faith are not immune from lawsuits for any decisions they may make from the bench.