Please answer the following questions by placing the best choice on the appropriate line. (2 points each)

1. _______Rules that embody standards of behavior to which members of an organization are expected to conform are known as

1. codes
2. mandates
3. etiquette
4. ethics

2._______ The essence of legal advice is to be able to

1. tell the client want they want to hear
2. keep the client out of trouble
3. relate the law to the client's specific problems
4. interpret the law to apply to the client's question

3._______ The judicial branch of our government

1. interprets law
2. carries out the law
3. makes law
4. directs law

4._______ A court which can hear only certain types of cases is known as a court of

1. limited jurisdiction
2. diversity jurisdiction
3. exclusive jurisdiction
4. original jurisdiction

5._______ The Massachusetts body charged with overseeing the ethical conduct of lawyers is know as the

1. Federal Judiciary Agency
2. Mass Bar Association
3. Board of Judicial Conduct
4. Board of Bar Overseers

6._______ Which of the following can be sanctioned for violating ethical rules

1. attorneys
2. attorneys and paralegals
3. paralegals
4. neither can be sanctioned

7._______ Judge made law that has no other source than judicial decision is

1. code law
2. common law
3. jurisprudence
4. natural law

8._______ The tradition of code law began in which of the following

1. 10^th Century English Tories
2. 18^th Century Colonial Americans
3. the Romans
4. none of the above

9._______ In contrast with the federal courts, the state courts are said to have

1. general jurisdiction
2. civil and criminal jurisdiction
3. concurrent jurisdiction
4. limited jurisdiction

10._______ Which of the following courts is considered the fact-finder?

1. U.S. Supreme Court
2. Federal Court of Appeals
3. Court of original jurisdiction
4. Small Claims Court

11._______ The general function of the appeals courts in each legal system is

1. to retry cases
2. error correction and law development
3. to review the facts of a case
4. to determine new facts

12._______ Which of the following are within the exclusive jurisdiction of the federal courts?

1. first degree murder
2. statutory rape
3. bankruptcy proceedings
4. federal crimes
5. c and d

13._______ The purpose of writing a court opinion in deciding a case in law is

1. to decide the facts of the case
2. to render a judgment in review of a lower court decision
3. to explain the trial process
4. to explain the answer to a legal question
5. b and d

14._______ The principle of judicial review refers to

1. the power of the court has to hold acts of other branches of the government unconstitutional
2. the power of the Supreme Court to review lower court decisions
3. the right of the court to hear a case
4. all of the above

15._______ The US Constitution can be formally changed only by

1. an act of Congress
2. a constitutional convention
3. three-fourths of the states
4. two-thirds of the states

16._______ The American federal system created by the US Constitution is best described as

1. a constitutional monarchy
2. one of unitary governmental authority
3. divided sovereignty
4. a confederation of independent states
5. b and d

17._______ Which of the following activities may be performed by legal assistants in the US?

1. legal research
2. giving legal advice
3. drafting legal documents
4. a and c
5. all of the above

18._______ Positive law is a function of

1. legislatures
2. executives
3. courts
4. religious beliefs

19._______ Federal trial courts are always called

1. circuit courts
2. district courts
3. court of common pleas
4. superior courts

20._______ The jurisdiction of the lowest federal courts is

1. called federal question jurisdiction
2. diversity jurisdiction
3. general authority to review all cases
4. a and b

II. Please circle the correct answer. T=True / F=False (2 points each)

21. T F Federal judges are nominated by the legislature and confirmed by the Senate only.

22. TF Restatements of the law are examples of statutory law enacted by the legislature.

23. TF Most legal actions in the United States are filed in federal courts.

24. T F Acts of Congress that are pursuant to the US Constitution are the called the "Equal Protection Laws.".

25. T F State trial courts are usually referred to as courts of limited jurisdiction.

26. T F An injunction is an example of an equitable remedy.

27. T F Stare decesis means that future decisions may be appealed.

28. T F All American states derive their principal legal concepts from the English Common Law System.

29. T F Dicta contained in a case opinion is vitally important to the judge's decision.

30. T F The US Constitution grants diversity jurisdiction to the federal courts.

31. T F Separation of Powers and checks and balances in the US Constitution refers to the balance of power within the federal government.

32. T F The issue found in a legal opinion is the legal question presented in the case.

33. T F A parallel citation refers to two different court opinions on a related subject.

34. T F Case decisions are authorized primarily by the judicial branch.

35. TF Ruth Bader Ginsburg was the first female justice appointed to the

US Supreme Court.

36. TF Decisions authored by the Massachusetts SJC are reported in the New England Reporter.

III. Please order the following events of American Legal History starting with the earliest. (1 point each).

____ Declaration of Independence issued ____ Bill of Rights incorporated

____ Prohibition ____ Articles of Confederation

____ Federal Judiciary Act Passed ____ Constitutional Convention

establishing Federal Court system

____ US Civil War erupts ____U. S. Constitution Ratified

IV. Please answer three of the following questions in complete essays. (10 pts ea)

1. Describe fully the structure of the court system in the United States. How does the bilateral nature of this system work to provide justice and due process for all? Be sure to include the jurisdictional differences between each level.

1. What are the branches of the federal government? Describe the Constitutional basis for each? How do each of the branches interact as watchdogs on the others? Describe how the separation of powers is employed to control the legislative process as laid out in the United States Constitution.

1. Explain the significance of the Second Constitutional Convention by identifying and describing the participants attending, identifying at least two of the key issues facing the delegates and outlining their conflicting positions on these issues and the compromises reached or the impassse experienced.

1. Please describe the judicial selection process in the United States identifying and

describing each of the four methods taken to the bench.

d describing the four different paths the process can take in American jurisdictions.