Deck 2: The Legal System in the United States and Its Constitutional Foundation

Question 1

Both the U.S. district courts and the U.S. courts of appeal have jurisdiction to review decisions of the highest state courts.

Answer 1

False

Question 2

Both statute law and case law are used in the United States legal system to reach decisions in civil lawsuits and criminal actions.

Answer 2

True

Question 3

A trial court has the power to hear an appeal of a decision of a lower court.

Answer 3

False

Question 4

The power of courts to hear and decide a case is known as

A) jurisdiction.
B) constitutionality.
C) judicial review.
D) accommodation of interests.

Question 5

The U.S. Supreme Court was established by an act of Congress.

Question 6

"Jurisdiction over the person" means that a court has the power to hear a case because it has authority over the parties.

Question 7

Courts enforce law by imposing punishment for violations or awarding damages to ones who have been injured.

Question 8

A court of original jurisdiction is called a

A) trial court.
B) higher court.
C) review court.
D) criminal court only.

Question 9

A court that has the power to hear almost any case brought before it is considered to have

A) appellate jurisdiction.
B) general jurisdiction.
C) constitutional jurisdiction.
D) limited jurisdiction.

Question 10

In the United States, courts have the power to offer advisory opinions and answer hypothetical questions put to them by attorneys.

Question 11

A small claims court is an example of a(n)

A) appellate court.
B) criminal court.
C) district court.
D) local court.

Question 12

The United States has two separate and distinct court systems: the federal court system and the state and local court system.

Question 13

At least four out of nine justices must agree to hear an appeal from a state or federal court before a case comes before the U.S. Supreme Court.

Question 14

The federal court system varies from one area of the country to another.

Question 15

The Fourth Amendment guarantees the individual's right to free speech.

Question 16

The first ten amendments to the U.S. Constitution are known as the Bill of Rights.

Question 17

The U.S. system of government is based on a concept known as separation of powers.

Question 18

Our legal system operates within the framework of litigation. Litigation refers to a lawsuit or legal action.

Question 19

The role of an appellate court is to

A) try a case for the first time.
B) review a case that has already been tried in a lower court.
C) select a jury to help decide a case.
D) select attorneys to present a case.

Question 20

The Supreme Court case of Marbury v. Madison established the basis for the concept of judicial review in our legal system.

Question 21

The right of courts to review the decisions of lower courts is called

A) separation of powers.
B) judicial review.
C) litigation.
D) none of these.

Question 22

The amendment to the U.S. Constitution that protects the individual's right to privacy by prohibiting unreasonable search and seizure by government is the

A) First Amendment.
B) Fifth Amendment.
C) Fourth Amendment.
D) Sixth Amendment.

Question 23

The concept of judicial review was established by

A) Congress.
B) the president.
C) the judicial branch of government.
D) English common law.

Question 24

If a court has the power to hear only certain types of cases, it is said to have ____________________ jurisdiction.

Question 25

The U.S. Supreme Court consists of

A) four justices.
B) five justices.
C) eight justices.
D) nine justices.

Question 26

To provide fast and inexpensive hearings on minor claims, many states have established ____________________ courts.

Question 27

The number of jurors selected for a particular trial will

A) depend upon whether the trial is civil or criminal.
B) vary according to the particular state where the jurors reside.
C) vary according to the judge's wishes.
D) be affected by both whether the trial is civil or criminal and by the particular state where the jurors reside, but not according to the judge's wishes.

Question 28

The Supreme Court of the United States derives its judicial power from the

A) U.S. Constitution.
B) U.S. president.
C) U.S. Congress.
D) state courts.

Question 29

Most state court systems include all of the following except

A) lower-level trial courts.
B) an appellate court of final resort.
C) intermediate-level appeals courts.
D) bankruptcy courts.

Question 30

A state judicial system usually includes a(n) ____________________ court to handle deceased persons' estates.

Question 31

The federal court system was established by

A) a mandate from the public.
B) Congress.
C) Article III, Section I of the Constitution.
D) a vote of the judges on the Supreme Court.

Question 32

What are the grounds for trying a case in a federal court?

A) State crimes and diversity of citizenship
B) Only diversity of citizenship cases involving $50,000 or more
C) Federal issues and diversity of citizenship
D) Bankruptcy and state crimes

Question 33

The thirteen intermediate courts of appeal of the federal court system are called

A) circuit courts.
B) district courts.
C) claims courts.
D) supreme courts.

Question 34

The only court actually provided for by name in the U.S. Constitution is

A) the U.S. Supreme Court.
B) the Court of International Trade.
C) small claims court.
D) commercial claims court.

Question 35

A federal court has limited jurisdiction in a

A) small claims action.
B) constitutional issue.
C) murder case.
D) bankruptcy case.

Question 36

A specialized federal court is

A) a U.S. district court.
B) a U.S. court of appeals.
C) a U.S. claims court.
D) none of these.

Question 37

The U.S. courts of appeals are divided into ____________________ circuits.

Question 38

"Jurisdiction over the person" means that a court can hear and decide a case because it has authority over the ____________________ in the case.

Question 39

The ____________________ is the highest court in the United States.

Question 40

The trial courts in the federal court system are called

A) U.S. district courts.
B) criminal courts.
C) tax courts.
D) bankruptcy courts.

Question 41

The state needed a portion of Beck's land to construct a highway. If the state decides to take the land for the public welfare over Beck's objection, may Beck have his case heard by a court?

Question 42

The concept of ____________________ resulted in the establishment of three branches of government.

Question 43

What is the essential role of Judicial Review in the U.S. Court System?

Question 44

One principle of our legal system is to acknowledge the equitable considerations of the parties involved. This principle is referred to as ____________________.

Question 45

What is the effect on a lawsuit if the person suing brings his or her case to a court that does not have the proper jurisdiction to hear the case?

Question 46

The ambassador from Austria to the United States wanted to sue the ambassador from Chile for injuries in a car accident caused by the Chilean ambassador. In which court will this suit be brought?

Question 47

Diversity of citizenship exists when the parties to a lawsuit are from different states and wish to have their case tried in a(n) ____________________ court.

Question 48

What are the advantages and disadvantages of taking your case to small claims court? Refer to text.

Question 49

In our courts, litigation is based on the ____________________, where the parties are represented by attorneys who are opponents of each other.

Question 50

Dunn, a resident of Florida, was in an automobile accident caused by Greeley, a resident of Alabama. Dunn's van was damaged to the extent of $3,500. May Dunn sue Greeley in the federal district court for Alabama? Why or why not?