Question 1

Which of the following is true of the United States Supreme Court?&#10;A) It has original control in cases that are based on a federal law or a treaty.&#10;B) It has appellate jurisdiction in cases based on the U.S. Constitution.&#10;C) It has the sole power to establish inferior courts.&#10;D) It is mandatory for the Supreme Court to hear all appeals that come before it.

Accepted Answer

The United States Supreme Court has appellate jurisdiction in cases based on the U.S. Constitution. This means that it can review decisions made by lower courts in cases involving constitutional issues. A is incorrect because the Supreme Court only has original jurisdiction in cases involving other states or foreign ambassadors/officials. C is incorrect because while the Supreme Court can make recommendations for the creation of inferior courts, it does not have the sole power to establish them. D is incorrect because the Supreme Court has discretionary jurisdiction and can choose which cases to hear.

Question 2

Describe the procedure for filing a suit in a small claims court.

Accepted Answer

Filing and trying a suit in an inferior court starts with obtaining a form for the complaint from the court and filling it out by the plaintiff without help from a lawyer. The defendant is then served with the complaint. When the case is tried, the procedure is much more informal than in a court of record. A judge tries the case because there is no jury present. Neither party has to be represented by an attorney, and in some courts may not be so represented. Thus, the judge asks the parties to state their positions. Witnesses and evidence may be presented, but the questioning is more informal. The judge is likely to ask questions in order to assist in ascertaining the facts.The judge then renders the verdict and judgment of the court. Normally, either party may appeal the judgment to a court of record, in which case the matter is retried there.

Question 3

Which of the following is true of a jury trial procedure?&#10;A) The jury is selected before an opening statement is made by the attorney.&#10;B) The defendant's opening statement is presented before the plaintiff's.&#10;C) The jury has the sole power to determine the points of law.&#10;D) The responsibility of the jury is to prove facts to support the petition's allegations.

Accepted Answer

The jury is selected through a process called voir dire before any opening statements are made, ensuring that the jurors are impartial and suitable for the case at hand. The opening statements provide the jury with an overview of the case from each party's perspective, with the plaintiff typically going first in civil cases and the prosecution in criminal cases. The jury does not determine points of law; that is the judge's responsibility. The jury's role is to evaluate the facts presented during the trial and make a decision based on those facts, not to prove facts themselves.

Question 4

In a small claims court, there is no jury and a judge tries the case.

Accepted Answer

In a small claims court, cases are typically heard and decided by a judge without a jury.

Question 5

The written request that begins a civil suit is called a summon.

Accepted Answer

A civil suit begins with a complaint or petition, not a summon. A summon is a document that notifies the defendant of the legal action and requires them to respond.

Question 6

Which of the following statements is true of federal district courts?&#10;A) They are also known as special federal courts.&#10;B) They are the smallest class of federal courts.&#10;C) They lack jurisdiction over civil suits that arise under treaties.&#10;D) They hear all criminal cases that involve a violation of federal law.

Accepted Answer

The answer of Which of the following statements is true...

Question 7

Appellate courts include courts of appeals and supreme courts.

Accepted Answer

Appellate courts include both courts of appeals and supreme courts.

Question 8

The location where a case is to be tried is known as a venue.

Accepted Answer

This statement is true. A venue is the location where a legal case is to be tried.

Question 9

It is simpler to file a suit in a court of record than in an inferior court.

Accepted Answer

Courts of record, which are higher courts, typically have more formal procedures and requirements than inferior courts (such as small claims courts), making the process of filing a suit more complex.

Question 10

Which of the following is true of appeals made to higher courts?&#10;A) The attorneys for each party put forth verbal arguments instead of filing written briefs.&#10;B) They make it mandatory for appellate courts to hear the testimony of witnesses.&#10;C) The decision of the appellate court is binding on lower courts.&#10;D) The complete transcript of trial court proceedings is offered by the defendant directly to the jury.

Accepted Answer

Appeals made to higher courts result in a decision that is binding on lower courts. This means that the ruling of the appellate court becomes the legal precedent for similar cases in lower courts. Option A is incorrect because both written briefs and oral arguments are typically used in appeals. Option B is incorrect because appellate courts generally do not hear testimony of witnesses, but instead rely on the record of the trial court proceedings. Option D is incorrect because the defendant does not typically offer the transcript of trial court proceedings to the jury, but rather it is submitted to the appellate court for review.

Question 11

Appellate courts conduct the original trial of cases.

Accepted Answer

The answer of Appellate courts conduct the original trial of...

Question 12

Which of the following is true of trial courts?&#10;A) They lack jurisdiction over criminal offenses against the state.&#10;B) They are the highest courts of authority in the United States.&#10;C) They are also known as inferior courts.&#10;D) They handle cases that are first instituted in them.

Accepted Answer

The answer of Which of the following is true of...

Question 13

_____ laws are those that state how parties are to go forward with filing civil actions and how these actions are to be tried.&#10;A) Long-arm&#10;B) Substantive&#10;C) Case&#10;D) Procedural

Accepted Answer

The answer of _____ laws are those that state how...

Question 14

In the federal courts,the executive officer is called a _____.&#10;A) bailiff&#10;B) magistrate&#10;C) marshal&#10;D) sheriff

Accepted Answer

The answer of In the federal courts,the executive officer is...

Question 15

The individual against whom a case is filed is called the _____.&#10;A) defendant&#10;B) prosecutor&#10;C) claimant&#10;D) plaintiff

Accepted Answer

The answer of The individual against whom a case is...

Question 16

Which of the following is true of special federal courts?&#10;A) They have unlimited authority and command.&#10;B) They have jurisdiction limited by Congress.&#10;C) They are the largest class of federal courts.&#10;D) They are also known as courts of appeals.

Accepted Answer

The answer of Which of the following is true of...

Question 17

Which of the following is true of statutes?&#10;A) They are worded to apply to every situation that may arise.&#10;B) They are unwritten ratifications of legislative authority.&#10;C) They are less general than constitutions.&#10;D) They are a source of law that is considered as secondary authority.

Accepted Answer

The answer of Which of the following is true of...

Question 18

Probate courts handle divorce and child custody cases.

Accepted Answer

The answer of Probate courts handle divorce and child custody...

Question 19

The chief function of the court is to interpret and apply laws from any source to a given situation.

Accepted Answer

The answer of The chief function of the court is...

Question 20

A chief officer is known as a judge in a state court of record as well as in a federal court.

Accepted Answer

The answer of A chief officer is known as a...

Deck 2: Courts and Court Procedure