1. The majority of stat

Chapter 1

• The majority of stat

The majority of state judges are

• appointed by the governors of their state
• appointed by a committee of their state Bar

Association

• appointed initially for 10 -year terms and then

stand for election for life t erms *d. elected

• The relatively new p

The relatively new publication, the Federal Appendix, includes

*a. otherwise unpublished federal appellate court cases

• otherwise unpublished federal district court

decisions

• early drafts of bills in f ront of Congress
• early drafts of Presidential speeches

• A per curiam opinion

A per curiam opinion is

• dissenting
• concurring
• very broadly written

*d. anonymous

• The Latin phrase, st

The Latin phrase, stare decisis, tells judges that

• they cannot pass the buck to the legislature —they

must decide the case before them

• cases involving no real federal question will

generally get only as high as a state supreme court

• defendant always have the right to a fair trial

*d. they should generally follow precedent

(Communication Law in America, 4e Paul Siegel) (Test Bank Latest Edition 2023-24, Grade A+, 100% Verified) 1 / 4

• In federal civil pro

In federal civil procedure, the clearly erroneous rule is most directly related to when appellate judges

• must recuse themselves (i.e., to not participate in

a particular case)

• may review a trial court’s findings of fact

*c. may review a trial court’s findings of law

• may permit TV into their courtroom

• The First Amendment

The First Amendment is worded so as to

• tell Congress what its powers are

*b. tell Congress some powe rs that it does not have

• tell the individual states what their powers are
• tell the individual states that their rights are

limited by Congress’s rights

• The part of the Firs

The part of the First Amendment that led courts to invalidate public school districts’ programs of teaching “scientific creationism” and “intelligent design” is called

• the Free Exercise Clause
• the Non-Discrimination Clause

*c. the Establishment Clause

• the Agnostic Clause

• The Separation of Po

The Separation of Powers doctrine relates to

• the federal and state governments

*b. the branches of the federal government

• the FBI and local police
• the police and ordinary citizens

• In 2010 a federal ju

In 2010 a federal judge used a state anti - SLAPP suit to throw out a copyright infringement suit against

• The Daily Show
• a poster of President Obama

*c. the movie, Sicko 2 / 4

• Donald Trump

• A lawyer argues in a

A lawyer argues in an appellate court proceeding that an earlier decision by the same court should serve as a governing precedent, that the court should rule the same way again. The opposing attorney argues that, while the basic philosophy underlying the earlier decision is still sound, society’s attitudes have changed about how such a precedent should be applied. This second attorney is suggesting that the court should the earlier decision.

• accept

*b. modify

• overturn
• distinguish

• A lawyer argues in a 2

A lawyer argues in an appellat e court proceeding that an earlier decision by the same court should serve as a governing precedent, that the court should rule the same way again. The opposing attorney argues that the earlier precedent should not be followed, because its facts are different from the case currently being argued in very relevant ways. This second attorney is suggesting that the court should the earlier decision.

• accept
• modify
• overturn

*d. distinguish

• Katie Martin's suit

Katie Martin’s suit against the motion picture, Borat, was dismissed by the Alabama Supreme Court because

*a. New York, not Alabama law, was applicable

• she was not libeled by the scene in which she

appeared

• she was paid $15,000 for her appearance
• all of the above

• / 4

• What would be the di

What would be the differences that even a casual observer would notice between a federal district courtroom and a federal appellate courtroom?

Correct Answer:

District court generally has one judge, not three ; there might be witnesses, and a jury, in addition to the lawyers. Appellate proceedings usually involve only attorneys, making arguments in front of a three -judge panel. Also, the district court proceeding might go on for days, or even weeks, whereas t he appellate hearing will take only a couple of hours.

• Describe and contras

Describe and contrast the Free Exercise Clause and the Establishment Clause.

Correct Answer:

The Free Exercise Clause gives Americans the right to practice or “exercise” their religion, while the Establishment Clause has been interpreted so as to prohibit the government from showing any preferences among religions, or for allowing religion to become “entangled” in government functioning (e.g., government -sponsored prayer in public schools).

• Using an original ex

Using an original example, demonstrate that you understand the meaning of a concurring opinion.

Correct Answer:

(A couple of possible answers): The majority opinion might

find that CBS had a right to fire Charlie Sheen from the cast of Two and a Half Men because he insulted his bosses in various public forums. A concurring opinion might agree that CBS should prevail, but only because Sheen had physically abused women. OR... The majority opinion says it was proper for Brittany Spears to lose custody of her children because she is a lousy parent. A concurring opinion says she should also lose custody, but because she is a lousy singer. [NOTE – the key is that both majority and concurring opinions agree about who should win, but typically offer different reasons for the outcome. At this

• / 4