Deck 3: The Court System

Question 1

A court's jurisdiction can only be limited to subject matter,not to the amount in controversy.

Answer 1

False
Explanation: For any court to hear and decide a case at any level, it must have subject matter jurisdiction, which is the power over the issues involved in the case. Jurisdiction may be limited as to subject matter, amount in controversy, or area in which the parties live.

Question 2

As a general rule,the law does not permit a lawyer to reveal confidential communications and testify against a client,even if called to do so at a trial.

Answer 2

True
Explanation: To encourage full disclosure by a client, the rules of evidence provide that confidential communications to a lawyer are privileged. The law does not permit a lawyer to reveal such facts and testify against a client, even if called to do so at a trial.

Question 3

Probate courts deal with juvenile crime and dependent children.

Answer 3

False
Explanation: Probate courts deal with wills and the estates of deceased persons. Juvenile courts deal with juvenile crime and dependent children.

Question 4

Final judgments or decrees rendered by the highest court of a state are reviewed by the federal district courts.

Question 5

In cases tried before a jury,the function of the jury is to decide questions of fact,but the judge still is responsible for deciding questions of law.

Question 6

Many states have eliminated the requirement of unanimity in their courts in civil cases and two states have done so in criminal cases.

Question 7

Juries are used in only a very small percentage of all cases in U.S.courts.

Question 8

The U.S.court system is an adversarial system.

Question 9

Private parties cannot represent themselves without a lawyer in U.S.courts.

Question 10

The attorney-client privilege cannot be extended to communications made to a lawyer's employees under any circumstance.

Question 11

In the United States,the most significant power of the courts is judicial review,which is the ultimate power to invalidate actions by the president or the Congress.

Question 12

The Supreme Court is far more likely to review and reverse a decision rendered by the Fourth Circuit Court of Appeals.

Question 13

The special reviewing court,located in Washington,
D.C., hears appeals from special courts such as the U.S. Claims Court and Contract Appeals as well as from administrative decisions such as those made by the Patent and Trademark Office.

Question 14

Jurors normally give reasons for their decisions in U.S.courts.

Question 15

All states and federal courts have rules of procedure that require a jury to consist of 12 persons in both criminal and civil cases.

Question 16

The trial judge renders decisions that deal directly with people in conflict.

Question 17

The U.S.Supreme Court grants the petition for a writ of certiorari and allows another review as a matter of right.

Question 18

Several studies have found a discernible difference between results reached by a six-person jury and those reached by a 12-person jury.

Question 19

Federal law does not specify the number of jurors required in cases that are brought to trial before a jury at common law.

Question 20

In a class-action suit,the claim of each plaintiff must be greater than the $75,000 jurisdictional amount.

Question 21

The Patient Protection and Affordable Care Act was passed by the U.S.Congress with the intention of reducing the number of people covered by health insurance.

Question 22

The Patient Protection and Affordable Care Act is a defining legislative achievement of President Obama's presidency.

Question 23

If there is no statute or case law,a court may decide a case and create law in the process.

Question 24

The members of the U.S.Supreme Court are called _____.

A) justices
B) magistrates
C) judges
D) advocates
E) jurors

Question 25

President George W.Bush nominated Justice Antonin Scalia as an associate judge of the Supreme Court.

Question 26

Reviewing courts exercising judicial restraint tend to be more result conscious and place less reliance on precedent.

Question 27

As a result of the Patient Protection and Affordable Care Act,a greater number of Americans are covered by health insurance.

Question 28

Judicial restraint jurists view the role of a lawyer and the practice of law as that of social reform.

Question 29

Which of the following Amendments to the Constitution guarantee the right of trial by jury in both criminal and civil cases?

A) The Sixth and Seventh Amendments
B) The First and Twelfth Amendments
C) The First and Seventh Amendments
D) The Second and Fifth Amendments
E) The Ninth and Fourteenth Amendments

Question 30

Which of the following statements is true of trial judges of U.S.courts?

A) They cannot apply substantive rules of law to decide a case.
B) They are responsible for finding the facts in cases without a jury.
C) They are responsible for reviewing petitions for a writ of certiorari.
D) Members of the U.S. Supreme Court are known as trial judges.
E) They are not allowed to apply constitutional limitations in trials without a jury.

Question 31

Reviewing courts exercising judicial restraint often engage in a balancing approach to their decisions.

Question 32

Which of the following statements is true of the role of judges in U.S.courts?

A) They determine the facts from conflicting evidence in a jury trial.
B) They present evidence to a jury.
C) They give no deference to the facts found by a jury.
D) They apply the law to the facts of a case.
E) They campaign for reelection.

Question 33

President Obama nominated Justice Sonia Sotomayor as an associate justice of the Supreme Court,and she took office in 2009.

Question 34

The philosophy of judicial activism is sometimes referred to as strict constructionism.

Question 35

Activist jurists believe that constitutional issues must be decided within the context of contemporary society and that the meaning of the U.S.Constitution is relative to the times in which it is being interpreted.

Question 36

All members of the judiciary believe in judicial restraint and all are activists to some extent.

Question 37

In deciding cases,courts cannot refuse to apply existing case law or declare a statute to be void as unconstitutional.

Question 38

Those who believe in judicial restraint believe that social,political,and economic change in society should result from the political process rather than from court action.

Question 39

Which of the following statements is true of trial by jury?

A) All states require a jury's decision to be unanimous in civil cases where the amount in controversy exceeds $75,000.
B) Juries are only used in criminal cases.
C) A jury has to consist of 12 persons.
D) Juries are used in a large percentage of all cases.
E) The right to trial by a jury is preserved in suits at common law in civil cases when the amount in controversy exceeds $20.

Question 40

The U.S.Supreme Court substantially limited the Patient Protection and Affordable Care Act's expansion of Medicaid.

Question 41

The _____ is the trial jury that returns a verdict in both criminal and civil cases.

A) grand jury
B) appellate jury
C) petit jury
D) federal jury
E) preemptive jury

Question 42

Diversity of citizenship requires that __________.

A) all plaintiffs be citizens of different states from all defendants
B) all defendants qualify for ratio decidendi
C) all plaintiffs obtain a writ of certiorari from the Supreme Court
D) all defendants be citizens of the same state
E) all plaintiffs be citizens of the same state

Question 43

_____ is a court's power over the issues involved in a case.

A) Ratio decidendi
B) Judicial abstention
C) Subject matter jurisdiction
D) Judicial activism
E) Res judicata

Question 44

In civil cases,the right to trial by a jury is preserved in suits at common law when the amount in controversy exceeds _____.

A) $20
B) $2,500
C) $500
D) $75
E) $2,000

Question 45

_____ refers to the power of a court,at the state or federal level,to hear a case.

A) Judicial activism
B) Res judicata
C) Judicial restraint
D) Voir dire
E) Jurisdiction

Question 46

One of the reasons U.S.Congress provides for diversity of citizenship jurisdiction is to __________.

A) guard against state court bias against the nonresident party in a lawsuit
B) enable the existence of attorney-client privilege to all citizens of the United States
C) restrict the number of petitions for writs of certiorari by the nonresident party in a lawsuit
D) restrict the number of appeals to the U.S. Supreme Court
E) guard against the abuse of a small-claims court by the resident party in a lawsuit

Question 47

The rules of evidence protect confidential client communications to a lawyer to __________.

A) encourage full disclosure by clients
B) make it easier for people to file a petition for a writ of certiorari
C) enable lawyers to communicate effectively with judges
D) qualify corporations as citizens of more than one state
E) insulate the attorney from prosecution for criminal acts

Question 48

Josh crashes his car into Sheila's house.Sheila is severely injured and suffers $95,000 worth of medical and property damages.She believes that the accident was Josh's fault and files a lawsuit at a state trial court.What would have to be different for Sheila to be able to sue Josh in a federal court?

A) The amount of damages incurred by Sheila must be less than $75,000.
B) Josh must not have severely injured Sheila.
C) Josh and Sheila must live in different states.
D) Sheila must petition her elected officials.
E) Josh must have been intoxicated during the accident.

Question 49

Essentially,the judicial power of the federal courts extends to matters involving __________.

A) correction of judicial errors charged against a state trial court
B) disputes among citizens of the same state
C) erroneous rulings made by arbitrators in disputes involving interstate commerce
D) lack of diversity of citizenship
E) questions of federal law

Question 50

_____ of the U.S.Constitution provides that judicial power be vested in the Supreme Court and such lower courts as Congress may create.

A) The due process clause
B) The First Amendment
C) Article III
D) The Fifth Amendment
E) Article VII

Question 51

Lawsuits begin at the _____ level.

A) appellate court
B) trial court
C) Supreme Court
D) intermediate reviewing court
E) state supreme court

Question 52

For purposes of diversity jurisdiction,a corporation is a citizen of the state of incorporation and also a citizen of __________.

A) any state where its stakeholders live
B) the state in which it has its principal place of business
C) the state where its chief executive officer lives
D) the state where most of its employees live
E) any state that the corporation declares as being its hometown

Question 53

Which of the following statements is true of the role of jurors in U.S.courts?

A) They determine the rules of law relevant to a case.
B) They present the evidence and arguments to the judges.
C) They apply the law to the facts of a case.
D) They apply constitutional limitations and guarantees.
E) They determine the facts from conflicting evidence.

Question 54

Which of the following statements is one of the criticisms of the jury system in the United States?

A) Juries only apply substantive rules of law to decide cases.
B) Juries cannot be used in criminal cases.
C) Jurors develop voir dire to elicit attitudes and experiences.
D) Jurors vote their prejudices.
E) Juries cannot be used in civil cases when the amount in controversy is below $2,000.

Question 55

In most states,a jury's decision must be unanimous because __________.

A) it reduces the number of mistrials in both criminal and civil cases
B) it reduces the number of cases that are appealed by a losing party in a higher court
C) it is believed that it is a foolproof approach as the right of trial by jury is not guaranteed in both criminal and civil cases
D) it is believed that the truth is more nearly to be found if the jury acts only on one common conscience
E) it is believed that jurors are not easily swayed emotionally by lawyers as they are qualified to distinguish fact from fiction

Question 56

A lawyer's first duty is __________.

A) to protect his or her reputation
B) to make money.
C) to defeat the opposing lawyer
D) to apply the law to the facts of a case
E) to the administration of justice

Question 57

Which of the following statements is true of the roles of a lawyer in U.S.courts?

A) A lawyer cannot testify against a client unless called to do so at a trial.
B) A lawyer is often actively involved in the personal decisions of a client.
C) A lawyer is obliged to reveal everything that is material to a case being tried.
D) A lawyer's first duty is to a client.
E) A lawyer applies the law to the facts.

Question 58

When a state trial court has general jurisdiction,_____.

A) it cannot try criminal cases
B) it can issue writs of certiorari to the general population
C) it has the power to hear any type of case
D) it should have a jury present in both civil and criminal cases
E) it has the power to review judicial errors charged against a federal court

Question 59

James wrecks Carl's house in a motor vehicle accident.Carl incurs $180,000 in property damages.To recover his losses,he wants to sue James.In this scenario,Carl is most likely to file the initial lawsuit in _____.

A) traffic court
B) a state appellate court
C) a federal district court
D) the U.S. Supreme Court
E) a state trial court

Question 60

Courts have held that the existence of diversity of citizenship is determined by the citizenship of the __________.

A) jurors involved in a case
B) judges deciding a case
C) lawyers involved in a case
D) parties in a case
E) people affected by the defendants of a case

Question 61

Which of the following statements is true of small-claims courts?

A) They have general jurisdiction.
B) They handle much of the litigation between businesses and its customers.
C) They have complex procedures.
D) They only handle cases where the amount in controversy is less than $2,000.
E) They only handle cases that qualify for a second review.

Question 62

Writs of certiorari are granted primarily in cases __________.

A) of substantial federal importance
B) where the value in controversy is more than $1,000,000
C) of arbitration awards between two disputing parties from the same state
D) of mediation outcomes between two disputing parties from the same state
E) where judicial review of contract-based arbitration between an employee and a private firm is required

Question 63

Which of the following is most likely to be a federal question case?

A) A case that has the United States as a party
B) A case that is based on issues arising out of the U.S. Constitution
C) A case that only deals with issues where the amount of money exceeds $9,000,000
D) A case that is solely based on certain suits between citizens of different states
E) A case that solely deals with disputes between a citizen and a corporation

Question 64

Writs of certiorari are granted primarily in cases __________.

A) where the value in controversy is more than $50 million
B) where the arbitration awards are not accepted by both disputing parties
C) where there is an obvious conflict between decisions of two or more U.S. Circuit Courts of Appeal in an important area of the law that needs clarification
D) where the judge in the original state trial court has been removed from the bench for reasons of misconduct or for other unethical reasons that can be proved
E) where the attorneys on both sides of a case are well known to the justices

Question 65

Because the litigants are entitled to only _____ in the court of appeals,a subsequent review by the U.S.Supreme Court must be obtained through a petition for a writ of certiorari to the Supreme Court.

A) two reviews
B) one review
C) three reviews
D) four reviews
E) five reviews

Question 66

Those who believe that the power to exercise judicial review should not be used except in unusual cases are said to believe in _____.

A) judicial restraint
B) judicial activism
C) voir dire
D) judicial relativism
E) res judicata

Question 67

When the U.S.Supreme Court reviews petitions for a writ of certiorari,the writ is granted if _____ of the nine justices vote to take a case.

A) five
B) four
C) two
D) seven
E) eight

Question 68

Small-claims courts __________.

A) have high court costs
B) have very formal procedures
C) usually have complex procedures
D) have the power to hear any type of case as they have general jurisdiction
E) usually do not require the services of a lawyer

Question 69

How many Courts of Appeal have been created by Congress in the United States under its constitutional authorization?

A) 50
B) 51
C) 25
D) 10
E) 13

Question 70

_____ provide the details concerning processes to be followed in federal court litigation.

A) Article III and Article IV of the U.S. Constitution
B) The First and Second Amendments to the U.S. Constitution
C) The Sixth and Seventh Amendments to the U.S. Constitution
D) The Federal Rules of Civil Procedure
E) The Federal Rules of Evidence

Question 71

In the federal system,the U.S.constitution gives the power to appoint federal judges,including Supreme Court justices,to __________.

A) the president
B) the federal district court judges
C) the U.S. House of Representatives
D) Congress
E) the vice president

Question 72

Which of the following statements is true of the Supreme Court's use of the power of judicial review?

A) It has to exercise the power of judicial review more than once per presidential cycle.
B) It has to exercise the power of judicial review at least once a year.
C) It applies its power of judicial review only when the country faces war.
D) It rarely exercises the power of judicial review.
E) It uses the power of judicial review only when a majority of the justices are strict constructionists.

Question 73

A petition for a writ of certiorari is __________.

A) the underlying principle of a case
B) the process of finding out the facts of a case
C) an oath administered to a witness requiring him to speak the truth
D) a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court
E) a plea by the winning party in the court of appeals wherein the party agrees not to contest the charges against the defendant

Question 74

Which of the following causes problems in determining when diversity of citizenship exists in cases involving business corporations?

A) The fact that business corporations usually settle their cases with a small-claims court
B) The fact that business corporations are frequently incorporated in one state and have their principal place of business in another state
C) The fact that business corporations are allowed to forego their right to be classified as a person
D) The fact that business corporations only fall under the jurisdiction of a small-claims court that considers businesses as persons
E) The fact that business corporations always deal with amounts that are higher than the jurisdictional amount

Question 75

Judicial review is the power of __________.

A) the courts to review laws passed by the legislative body and to declare them to be unconstitutional
B) a legislative body to pass federal statutes that invalidate the actions by the president or the Congress
C) a district court to overrule a lower court decision
D) the legislative branch to enforce or not enforce judicial decisions
E) the courts to create laws

Question 76

In diversity of citizenship cases,if a case involves multiple plaintiffs with separate and distinct claims,_____.

A) at least one of the claims must be approved by the Supreme Court
B) each claim has to qualify for a writ of certiorari
C) each claim must satisfy the jurisdictional amount
D) only one claim has to satisfy the jurisdictional amount
E) the sum total of all claims must be lower than the jurisdictional amount

Question 77

Which of the following statements is true of the federal district courts?

A) They are the appellate courts of the federal judicial system.
B) There are only 12 such courts in the United States.
C) These courts do not have the authority to impanel juries.
D) They lack subject matter jurisdiction over diversity of citizenship cases.
E) They cannot retry judicial errors charged against a state court.

Question 78

If a state case does not involve a federal question,_____.

A) the decision of the highest state court is not subject to review by the Supreme Court
B) it falls under the diversity of citizenship jurisdiction
C) the judgment delivered can qualify for a petition for a second review by the Supreme Court
D) it has to be handled by a small-claims court
E) the decision of a state trial court is final and not subject to review

Question 79

In the context of state courts,which of the following statements is true of reviewing courts?

A) They only handle cases that cannot qualify for a writ of certiorari.
B) They only render decisions that are consistent with the philosophy of judicial restraint.
C) There has to be at least nine judges in a reviewing court.
D) They are essentially concerned with questions of law.
E) They usually handle diversity of citizenship cases.

Question 80

Which of the following statements is true of the Fourth Circuit Court of Appeals?

A) It only handles cases that cannot qualify for a writ of certiorari.
B) It tends to render decisions that are consistent with the philosophy of judicial restraint.
C) It only accepts appeals if a case involves a large amount of money.
D) It reviews and retries judicial errors charged against a state court.
E) It preapproves all appeals that go to the Supreme Court.