Deck 2: Jurisdiction and Organization of the Federal Courts

Question 1

Article III of the Constitution provides that the Supreme Court ". . . shall have _____ Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the _____ shall make."

A) original; Congress
B) appellate; Congress
C) original; Supreme Court
D) appellate; Supreme Court

Answer 1

B

Question 2

Under Article III, _____ controls the jurisdiction, both original and appellate, of the lower federal courts.

A) the Supreme Court
B) the Congress
C) the president
D) the Justice Department

Answer 2

B

Question 3

Article II enumerates specific powers granted to the president. These include the authority to _____.

A) nominate federal judges
B) suspend writs of habeas corpus
C) withhold privileged communications
D) all of the above

Answer 3

A

Question 4

The fundamental threshold question that must be addressed in any lawsuit is that of _____.

A) attainder
B) ex post facto
C) certiorari
D) jurisdiction

Question 5

After determining that a real case or controversy exists, a federal court must ascertain whether the party initiating the litigation has _____.

A) jurisdiction
B) a cause of action
C) standing
D) an injunction

Question 6

A case is considered _____ if the issues that gave rise to it have been resolved or otherwise disappeared.

A) unripe
B) exhausted
C) moot
D) hypothetical

Question 7

An appeal from a decision by a U.S. District Court in California is typically heard by the U.S. Court of Appeals for the _____.

A) Ninth Circuit
B) First Circuit
C) Third Circuit
D) Federal Circuit

Question 8

An appeal in a patent case from a U.S. district court in New Jersey will typically be heard by the U. S. Court of Appeals for the _____.

A) Third Circuit
B) Federal Circuit
C) Fifth Circuit
D) District of Columbia Circuit.

Question 9

An appeal from a ruling by the Court of Appeals of Veterans Claims is typically heard by _____.

A) The U.S. Court of Appeals for the District of Columbia Circuit
B) The U.S. Court of Appeals for the Federal Circuit
C) The Virginia Supreme Court
D) The U.S. Court of Appeals for the Federal Circuit

Question 10

A case appealed from the U.S. District Court in Guam will typically be heard by _____.

A) The Supreme Court of California
B) The Court of Appeals for the Eighth Circuit
C) The Court of Appeals for the Ninth Circuit
D) The U.S. Court of Appeals for the Federal Circuit

Question 11

Search warrants in the federal court system are ordinarily issued by _____.

A) U.S. district judges
B) a law clerk
C) judges on the closest U.S. court of appeals
D) U. S. magistrate judges

Question 12

Which of the following is usually included within the list of Ashwander Rules?

A) The Court will not formulate a rule of law broader than the facts of the case require.
B) If possible, the Court will dispose of a case on nonconstitutional grounds.
C) The Court will not pass upon the validity of a statute on complaint of one who fails to show injury to person or property.
D) All of the above

Question 13

Which of the following is not usually included within the list of Ashwander Rules?

A) The Court will not formulate a rule of law broader than the facts of the case require.
B) If possible, the Court will dispose of a case on nonconstitutional grounds.
C) The Court will not pass upon the validity of a statute on complaint of one who fails to show injury to person or property.
D) Whenever possible, the Court will protect an individual's constitutional rights.

Question 14

Congress has specified that certain cases in the U. S. District Courts be heard and decided by a panel of three judges instead of the usual single judge sitting alone. What is the special option available to the losing party in a decision by such a three-judge panel that is not available to the losing party in the great bulk of district court cases that are routinely decided by a single judge?

A) All court fees are waived.
B) The case may enjoy expedited review by one of the courts of appeals.
C) Direct appeal to the Supreme Court.
D) all of the above.

Question 15

Losing litigants in the lower courts often say that they will "take this all the way to the United States Supreme Court." Why should such statements be regarded more as threats, not promises?

Question 16

What do the data about the Supreme Court's caseload suggest about the importance of state and lower federal courts in helping to shape American constitutional law?

Question 17

How can "threshold questions" such as standing be crucial in the outcome of a constitutional case?

Question 18

What are the Ashwander rules? Do they expand or contract judicial power? Explain.

Question 19

What are the principal steps in the process by which the Supreme Court decides cases?

Question 20

What is the role of the Solicitor General of the United States in the work of the Supreme Court?

Question 21

What is the role of amici curiae in the work of the Supreme Court?

Question 22

What is the significance at the Supreme Court of what is informally called "the rule of four"?

Question 23

Describe the work of a justice's law clerk at the Supreme Court.