Deck 11: Courts of Appellate Jurisdiction

Question 1

Appellate courts may review issues from decisions made by

A) Trial courts.
B) Administrative agencies.
C) Both a and b.
D) Neither a nor b.

Answer 1

C

Question 2

Which of the following is not a characteristic of most appellate courts?

A) Possess original jurisdiction.
B) Hear appeals from trial courts.
C) Conduct hearings in groups of judges.
D) Courts of record.

Answer 2

A

Question 3

Which of the following is an error of law?

A) Inappropriate jury verdict.
B) Inadequate representation by counsel.
C) Incorrect determination of a fact at issue.
D) Utilization of plea bargaining.

Answer 3

B

Question 4

How many states have only a single level of appellate courts?

A) 0.
B) 3.
C) 10.
D) 25.

Question 5

Among the 50 states, ______ have an intermediate appellate court.

A) 40.
B) 36.
C) 25.
D) 20.

Question 6

Which of the following states calls its trial courts "supreme courts"?

A) Texas.
B) Oklahoma.
C) New York.
D) Virginia.

Question 7

How many justices may be on a state court of last resort?

A) Five.
B) Seven.
C) Nine.
D) All of the above.

Question 8

How are state supreme court justices selected?

A) Election.
B) Appointment.
C) Merit selection.
D) All of the above.
E) None of the above.

Question 9

Who serves on the state boards that handle judicial conduct and discipline issues?

A) Judges.
B) Attorneys.
C) Lay people.
D) All of the above.

Question 10

The majority of the workload for state court of intermediate appeals is composed of

A) Original jurisdiction cases.
B) Criminal appeals.
C) Civil appeals.
D) Death penalty cases.

Question 11

Which of the following has resulted in increased scrutiny of state courts of last resort in recent years?

A) Excessive damages in civil cases.
B) Jury instructions in criminal cases.
C) Death penalty sentences.
D) Judicial misconduct.

Question 12

The caseload of the federal courts of appeals includes

A) Cases originating in state courts.
B) Cases originating in federal district courts.
C) Cases from military tribunals.
D) Both a and b.
E) None of the above.

Question 13

The caseload of the U.S. Supreme Court is currently

A) Increasing.
B) Decreasing.
C) Remaining constant.
D) Growing larger than that of state trial courts.

Question 14

The U.S. Supreme Court most frequently exercises ______________ jurisdiction.

A) Original.
B) Appellate.
C) Concurrent.
D) Equitable.

Question 15

The power of judicial review is applicable to acts performed by

A) Lower state courts.
B) Federal legislatures.
C) Executive officers.
D) Only a and b.
E) a, b, and c.

Question 16

The U.S. Supreme Court has affirmed a constitutional right to __________ appeals.

A) First-level.
B) Second-level.
C) Discretionary.
D) Any type of.

Question 17

What may cause the ruling of the U.S. Supreme Court to fail to be the final word on an issue?

A) Constitutional amendment.
B) Congressional legislation.
C) Executive enforcement.
D) All of the above.

Question 18

Federal postconviction relief is also known as ____________ relief.

A) Automatic.
B) Mandatory.
C) Collateral.
D) Discretionary.

Question 19

A situation in which all of a court's judges hear a case is a(n) ____________ hearing.

A) Collegial.
B) En banc.
C) Discretionary.
D) Advisory.

Question 20

The case and controversy rule prohibits the U.S. Supreme Court from issuing __________ opinions.

A) Advisory.
B) Discretionary.
C) Obligatory.
D) Untimely.

Question 21

Appellate courts are given the responsibility for correcting errors of fact.

Question 22

All 50 states now have intermediate appellate courts.

Question 23

As a result of state size or workload, some states have intermediate appellate courts that meet in multiple locations.

Question 24

In Oklahoma and Texas the state supreme courts only hear appeals in civil cases.

Question 25

All of the justices serving on state courts of last resort have lifetime tenure like their federal counterparts.

Question 26

The U.S. Supreme Court is composed of eight associate justices plus the chief justice.

Question 27

The Supreme Court first asserted the right of judicial review in the case of Griswold v. Connecticut.

Question 28

Most of the cases that reach the U.S. Supreme Court come on discretionary appeals through writs of certiorari.

Question 29

Federal courts can refuse to hear state court appeals if there has not been an exhaustion of state remedies.

Question 30

Adding more justices to the U.S. Supreme Court would not help the Court to hear more cases.

Question 31

Describe the unique functions and characteristics of appellate courts.

Question 32

Explain the various strategies that are utilized to allow intermediate state appeals courts to meet. What differences might this setup make in the overall court structure and case outcome? Be specific and give examples.

Question 33

Discuss the implications of automatic appeals of death penalty cases to state courts of last resort. Should this be mandated in all death penalty cases? Does this process place an unfair burden on the court system? Explain your reasoning.

Question 34

Discuss the ever-increasing workload of appellate courts. How should this issue be remedied?

Question 35

Describe the situations in which the U.S. Supreme Court may not be the final word on a legal issue. Is this acceptable when it is designed to be the nation's court of last resort? How does this fall into the overall system of checks and balances?

Question 36

Demonstrated the creation of law by the U.S. Supreme Court regarding a right to privacy.

A) Civil Rights Act of 1871
B) Gideon v. Wainwright
C) Marbury v. Madison
D) Gregg v. Georgia
E) Griswold v. Connecticut
F) Judiciary Act of 1789
G) Circuit Court of Appeals Act of 1891
H) Furman v. Georgia
I) Article III
J) Pollock v. Farmers' Loan & Trust Co.

Question 37

Allows police officers to be sued for violating suspects' civil rights.

A) Civil Rights Act of 1871
B) Gideon v. Wainwright
C) Marbury v. Madison
D) Gregg v. Georgia
E) Griswold v. Connecticut
F) Judiciary Act of 1789
G) Circuit Court of Appeals Act of 1891
H) Furman v. Georgia
I) Article III
J) Pollock v. Farmers' Loan & Trust Co.

Question 38

Resulted in the redesign of state death penalty statutes.

A) Civil Rights Act of 1871
B) Gideon v. Wainwright
C) Marbury v. Madison
D) Gregg v. Georgia
E) Griswold v. Connecticut
F) Judiciary Act of 1789
G) Circuit Court of Appeals Act of 1891
H) Furman v. Georgia
I) Article III
J) Pollock v. Farmers' Loan & Trust Co.

Question 39

Resulted in most state death penalty statutes including a provision that allows for automatic appeals from the trial court to the state court of last resort.

A) Civil Rights Act of 1871
B) Gideon v. Wainwright
C) Marbury v. Madison
D) Gregg v. Georgia
E) Griswold v. Connecticut
F) Judiciary Act of 1789
G) Circuit Court of Appeals Act of 1891
H) Furman v. Georgia
I) Article III
J) Pollock v. Farmers' Loan & Trust Co.

Question 40

Provides the general authority for the U.S. Supreme Court.

A) Civil Rights Act of 1871
B) Gideon v. Wainwright
C) Marbury v. Madison
D) Gregg v. Georgia
E) Griswold v. Connecticut
F) Judiciary Act of 1789
G) Circuit Court of Appeals Act of 1891
H) Furman v. Georgia
I) Article III
J) Pollock v. Farmers' Loan & Trust Co.

Question 41

Established the Supreme Court's power of judicial review.

A) Civil Rights Act of 1871
B) Gideon v. Wainwright
C) Marbury v. Madison
D) Gregg v. Georgia
E) Griswold v. Connecticut
F) Judiciary Act of 1789
G) Circuit Court of Appeals Act of 1891
H) Furman v. Georgia
I) Article III
J) Pollock v. Farmers' Loan & Trust Co.

Question 42

Resulted in a successful habeas corpus claim for an individual denied the assistance of counsel.

A) Civil Rights Act of 1871
B) Gideon v. Wainwright
C) Marbury v. Madison
D) Gregg v. Georgia
E) Griswold v. Connecticut
F) Judiciary Act of 1789
G) Circuit Court of Appeals Act of 1891
H) Furman v. Georgia
I) Article III
J) Pollock v. Farmers' Loan & Trust Co.

Question 43

Gave the federal courts of appeals their current jobs and functions.

A) Civil Rights Act of 1871
B) Gideon v. Wainwright
C) Marbury v. Madison
D) Gregg v. Georgia
E) Griswold v. Connecticut
F) Judiciary Act of 1789
G) Circuit Court of Appeals Act of 1891
H) Furman v. Georgia
I) Article III
J) Pollock v. Farmers' Loan & Trust Co.

Question 44

Ruled that uniform personal income taxes were invalid.

A) Civil Rights Act of 1871
B) Gideon v. Wainwright
C) Marbury v. Madison
D) Gregg v. Georgia
E) Griswold v. Connecticut
F) Judiciary Act of 1789
G) Circuit Court of Appeals Act of 1891
H) Furman v. Georgia
I) Article III
J) Pollock v. Farmers' Loan & Trust Co.

Question 45

Created the federal courts of appeals.

A) Civil Rights Act of 1871
B) Gideon v. Wainwright
C) Marbury v. Madison
D) Gregg v. Georgia
E) Griswold v. Connecticut
F) Judiciary Act of 1789
G) Circuit Court of Appeals Act of 1891
H) Furman v. Georgia
I) Article III
J) Pollock v. Farmers' Loan & Trust Co.