Question
In the case of The State of Colorado vs. James Holmes, the court may decide to rule against precedent if the court decides that the
In the case of The State of Colorado vs. James Holmes, the court may decide to rule against precedent if the court decides that the precedent
a. | would not bring about the result the judge prefers. | |
b. | would lead to unintended consequences. | |
c. | is not in line with the judge's personal values. | |
d. | is incorrect or inapplicable. |
2 points
QUESTION 31
Joseph Edward Scoginuses a lighter to set an American flag ablaze on his front lawn. Joseph records himself while doing this. He then uploads the video onto several social media sites.Joseph's actions are
a. | subject to reasonable restrictions under the due process clause. | |
b. | given strict scrutiny under the equal protection clause. | |
c. | expressly prohibited by the Constitution. | |
d. | protected by the First Amendment. |
2 points
QUESTION 32
In the case ofO'Donnell v. Erie County, thehighest court in New York State ruled that a minor could rescind an automobile sales contract. Now, a lower trial court in New York State is hearing Plavinv. Rockland County, a case with closely related facts. Under the doctrine of stare decisis, the trial court is likely to
a. | require the minor to fulfill the contract. | |
b. | disregard the O'Donnell v. Erie County case. | |
c. | allow the minor to rescind the contract. | |
d. | do nothing. |
2 points
QUESTION 33
Stare decisis is best defined as
a. | the authority to decide a specific dispute. | |
b. | a judicial proceeding to redress a wrong. | |
c. | a situation giving a person a right to initiate a judicial proceeding. | |
d. | a doctrine under which judges follow established precedents. |
2 points
QUESTION 34
Criminal acts are prohibited by
a. | federal statutes only. | |
b. | local and state statutes only. | |
c. | state statues only. | |
d. | local, state, or federal statutes. |
2 points
QUESTION 35
Mojang Studiosis a video game development company . Some of the games developed by MojangStudioscontain conflicts involving firearms and random acts ofviolence. The state of Alaska brings forth a law requiring all video game producers to label any game that involves any form of killing as "extremely violent". If challenged in court this law is likely to be considered
a. | justified by the need to protect individual rights. | |
b. | an unconstitutional restriction of speech. | |
c. | constitutional under the First Amendment. | |
d. | necessary to protect national interests. |
2 points
QUESTION 36
As a judge in aUtah state court of original jurisdiction, John Marshall presidesovercourt proceedings. In his Utah court, as in other state courts throughout the U.S., Judge Marshall can award which types of remedies?
a. | a legal remedy only. | |
b. | equitable and legal remedies. | |
c. | an equitable remedy or a legal remedy but not both. | |
d. | neither an equitable nor a legal remedy. |
2 points
QUESTION 37
The State of Washington created and put fortha law that prohibits advertising in what is considered"poor taste". If challenged, this law would likely be considered by a court to be
a. | justified by the need to protect individual rights. | |
b. | necessary to protect national interests. | |
c. | constitutional under the First Amendment. | |
d. | an unconstitutional restriction of speech. |
2 points
QUESTION 38
State trial courts that are called county, district, superior, or circuit courts are most likely to have
a. | limited jurisdiction. | |
b. | appellate jurisdiction. | |
c. | general jurisdiction. | |
d. | no jurisdiction. |
2 points
QUESTION 39
Joel Greenberg files a lawsuit againstMatt Gaetz in a federal district court and subsequentlyloses the case. Greenberg then decides toappeal the case with the appropriate U.S. Court of Appeals, and he loses again. Greenbergthenpetitions the United States Supreme Court to hear the case. The United States SupremeCourt is
a. | required to hear the case because Greenberg lost in a lower court. | |
b. | required to hear the case because Greenberg lost in a federal court. | |
c. | not required to hear the case. | |
d. | required to hear the case because it is an appeal. |
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