PSC 211 - Introduction to the Legal System
Review Sheet
The answers to the following questions can be found in the text, in the order that I have
presented them. Answer each question precisely. Where an asterisk appears, you will
want to write extended answers in complete sentences. These questions will appear as
possible short answer questions on the test. The information related to questions which
are not used as short answer questions and all remaining questions will be used to
generate multiple choice questions on the test.
Chapter Two
Summarize the Court's recent rulings regarding the Ten Commandments.
How does the book define "law?"
* What four things does the working definition of law incorporate?
* What are three possible meanings of the "justice" in the public arena?
What are some other names for "civil law?"
What is the starting point for civil law?
What does the starting point attempt to provide?
Who dominates court hearings in civil law?
How common is civil law?
What is the guiding principle of socialist law?
How is crime viewed in socialist law?
What is the most distinctive feature of Islamic law?
Where does common law trace its roots?
Upon what were the decisions of the Court of Chancery based?
Common law is predominately what?
* Identify and explain the three characteristics of common law.
What is dicta?
What three things does precedent provide?
Analogies in the law are neither correct nor incorrect, but what?
* Explain the difference between the inquisitorial and adversarial approach.
What is a critical normative value in the U.S. legal system?
Applicable rules of law may be found in what four places?
According to the common law tradition, judges do not make law, they do what?
Distinguish between public and private law.
* What three criteria must be met before a judge will decide a case?
* Summarize the Lemon test.
Chapter Four
Where was power concentrated during the colonial period?
What are the various names for trial courts of limited jurisdiction?
Describe the caseload of trial courts of limited jurisdiction (Table 4.1).
What limits are there on the criminal sentencing of trial courts of limited jurisdiction?
What is the minimal amount a general jurisdiction court case involves?
90 percent of criminal violations involve what kinds of crimes?
Why don't most criminal cases go to trial?
What are the four general types of civil cases?
How many states have intermediate courts of appeal?
Why do states typically create intermediate courts of appeal?
* Describe the jurisdiction of a typical state supreme court.
What troubles most reformers about lower courts?
* What are some criticisms / issues regarding the justice of the peace system?
* Summarize Malcolm Feeley's view of the judicial process.
* Identify and explain the three types of matters that can be brought before a juvenile
court.
What two standards are used in the decision making of juvenile courts.
* Summarize the Court's opinion in In Re Gault.
Chapter Three
Define jurisdiction.
What two principle complications arise from geographical jurisdictions?
What is the difference between original and appellate jurisdiction?
* What is the primary function of appellate courts and what other function do they
perform in the process?
* Explain how appellate courts operate differently than trial courts.
What was a major weakness of the Articles?
* Summarize the Federalist and Anti-Federalist view of courts.
* Describe the court system set up under the Judiciary Act of 1789.
* In what three ways did the organization of the federal judiciary support state interests?
What was a pronounced weakness of the Act of 1789?
What were the results of the Act of 1891?
How many U.S. District Courts are there?
How many District court judgeships are there?
Three-judge district courts can only hear what types of cases?
Describe the position of magistrate judge (appointment, term, removal, qualifications).
* Describe the caseload of the U.S. District Courts.
Diversity cases must involve at least what amount of money?
What are common complaints in prisoner petitions?
How many circuit courts of appeal are there?
How many appellate court judges are there?
* Describe the case load of appellate courts.
* Describe the case load of the Supreme Court.
What are the two important distinctions between specialized courts?
Why are specialized courts created?
* Describe the ways that military justice differs from state and federal justice.