Deck 9: The Federal Courts

Question 1

The so-called legislative courts are generally viewed as more independent than the courts established under Article III of the Constitution.

Answer 1

False

Question 2

Procedural requirements in state courts tend to be stricter than federal procedural requirements.

Answer 2

False

Question 3

Most of the cases filed with the Supreme Court are dismissed without a ruling on their merits.

Answer 3

True

Question 4

Cases in the federal district courts are, in form, very different from cases in the state trial courts.

Question 5

Public law is a form of criminal law.

Question 6

The Supreme Court only hears cases involving public law.

Question 7

State courts handle about the same number of cases as the federal courts in the American judicial system.

Question 8

Plea bargains may affect the severity of the charge and/or the severity of the sentence.

Question 9

Most cases are settled before trial.

Question 10

The U.S. Supreme Court is obligated to accept appeals that assert important issues of federal law at stake in the case.

Question 11

Over the past four decades, the caseload of the federal courts has quadrupled.

Question 12

Losers in civil cases may be required to pay monetary damages for their actions.

Question 13

In a public law case, the government is the plaintiff.

Question 14

Defendants found guilty of civil wrongs can be fined or sent to prison.

Question 15

In both civil and criminal cases, a decision of the highest state court can be appealed to the U.S. Supreme Court by raising a federal issue.

Question 16

In the United States, the courts resolve both civil and criminal disputes.

Question 17

The appellate jurisdiction in the federal courts extends to cases originating in the state courts.

Question 18

The federal district courts are trial courts of general jurisdiction.

Question 19

The U.S. Supreme Court has both original and appellate jurisdiction.

Question 20

The U.S. Supreme Court operates primarily as a trial court.

Question 21

In the case of Hamdi v. Rumsfeld, the Supreme Court rejected the president's most important claim-the unilateral power to declare individuals, including U.S. citizens, as "enemy combatants" who could be detained by federal authorities under adverse legal conditions.

Question 22

In recent years, 5-4 decisions on the Supreme Court have been rare.

Question 23

Rarely in American history have presidents been disappointed by the judges they have named to the bench.

Question 24

Dissents can be used to signal to defeated political forces in the nation that at least some members of the Supreme Court support their position.

Question 25

In the Supreme Court's deliberations and decisions, the chief justice exercises significantly more influence on decisions than the associate justices.

Question 26

Federal trial courts must provide a grand jury, a trial jury, and a unanimous jury verdict in order to convict someone of a federal crime.

Question 27

The Supreme Court explains its decisions in terms of how the majority of Americans will be affected.

Question 28

In the case of United States v. Nixon, the Supreme Court rejected the president's refusal to turn over tapes to congressional investigators.

Question 29

The most dependable way an individual justice can express a clear view on the Supreme Court is to write a dissent.

Question 30

The Supreme Court is a policy-making body.

Question 31

The U.S. Constitution gives the Supreme Court the power of judicial review.

Question 32

The chief justice assigns the task of writing the majority opinion on every case.

Question 33

Activism and restraint by the court are the same as liberalism and conservatism.

Question 34

If a court makes a constitutional ruling, Congress can then abrogate that ruling through new legislation.

Question 35

The Constitution specified the number of justices that should sit on the Supreme Court.

Question 36

Judges make policy.

Question 37

For the most part in recent years, assertions of presidential power in such realms as foreign policy, war and emergency powers, legislative power, and administrative authority have been upheld by the federal courts.

Question 38

More than one judge is assigned for every appeals case at the federal level.

Question 39

The U.S. Courts of Appeals are divided into three geographic circuits.

Question 40

In the 1954 case of Brown v. Board of Education, the Supreme Court overturned statutes from several states.

Question 41

Cases involving disputes among individuals (or between individuals and the government) in which the losers may be required to pay monetary damages for their actions but not fined or sent to prison are classified as ______________ law.

A)civil
B)public
C)criminal
D)natural

Question 42

Administrative law is a subset of what category of law?

A)civil law
B)criminal law
C)bureaucratic law
D)public law

Question 43

Cases in which the government (as plaintiff) charges an individual with violating a statute that has been enacted to protect the public health, safety, morals, or welfare are classified as _________ law.

A)civil
B)public
C)criminal
D)common

Question 44

Cases in which a plaintiff or defendant alleges the government's misuse of powers or abuse of citizens' rights as defined under the Constitution or by statute are called ________________ law.

A)civil
B)public
C)criminal
D)tort

Question 45

Under which condition would a criminal case enter the realm of public law?

A)if the plaintiff appeals to a higher court
B)if the plaintiff waives the right to a jury trial
C)if the defendant is found not to have standing
D)if the defendant claims that constitutional rights were violated

Question 46

One of the foundations of judicial independence in the United States is

A)judicial review.
B)independent elections.
C)the federal bailiff force.
D)immunity from impeachment.

Question 47

If two federal circuit courts disagree on a point of law, the Supreme Court usually avoids the controversy so that it does not appear to pick favorites.

Question 48

Smith Manufacturing Corporation charges that Jones Distributors failed to honor an agreement to deliver raw materials at a specified time, causing Smith to lose business. Smith asks the Court to order Jones to pay compensation for damage that was allegedly suffered. This is an example of a typical ______________case.

A)public law
B)criminal
C)contract
D)tort

Question 49

In a medical malpractice case, an individual alleges that he or she has been injured by another's negligence or malfeasance. Medical malpractice cases such as this one involve which kind of law?

A)tort
B)contract
C)public law
D)criminal law

Question 50

The two most common types of civil cases involve

A)contracts and torts.
B)traffic offenses and mail fraud.
C)tax evasion and illegal drugs.
D)illegal drugs and petty thievery.

Question 51

Supreme Court decisions are automatically implemented.

Question 52

Supreme Court decisions almost always end political struggles over the particular issues in question.

Question 53

The president of the United States can fire a federal judge for making bad decisions.

Question 54

Congress can overturn the Supreme Court's interpretation of the Constitution by enacting a new constitutional amendment.

Question 55

Senators comprising less than a majority of the Senate can block a nomination to the federal courts by filibustering it.

Question 56

Why does the history principle apply to the judicial branch more than the other two branches of the federal government?

A)Judges typically serve much longer careers than members of Congress or executive branch employees.
B)Judges tend to favor plaintiffs from their home districts, so the location of federal courts has a long-term effect on local economies.
C)Courts rely on precedents from previous cases to guide current decisions.
D)The Supreme Court's small size makes it more resistant to changes in process or ideology.

Question 57

Which of the following is a major form of public law?

A)tort law
B)contract law
C)criminal law
D)constitutional law

Question 58

What is the name of the court practice in which a previous decision by a court applies as a precedent in similar cases until the decision is overruled?

A)common law
B)path dependency
C)habeas corpus
D)stare decisis

Question 59

For a case to reach the Supreme Court, all nine judges must agree to grant a writ of certiorari.

Question 60

Most criminal cases are heard in

A)the Supreme Court.
B)state and local courts.
C)federal district courts.
D)federal appellate courts.

Question 61

If a defendant is convicted of robbery in a state trial court, he or she may challenge the outcome in a higher court, such as

A)a different state trial court.
B)a grand jury court.
C)a tertiary state court.
D)a state court of appeals.

Question 62

Most of the cases filed with the Supreme Court

A)affirm lower court decisions.
B)overturn lower court decisions.
C)are dismissed without rulings on their merits.
D)are remanded to lower courts after oral arguments.

Question 63

For the most part, Congress has assigned federal court jurisdictions on the basis of

A)function.
B)ideology.
C)geography.
D)type of law involved in the case.

Question 64

Which constitutional article gives the Supreme Court original jurisdiction in cases involving foreign ambassadors and issues in which a state is a party?

A)Article I
B)Article II
C)Article III
D)Article IV

Question 65

Under what circumstances is the U.S. Supreme Court able to claim jurisdiction over cases originally heard in state courts?

A)if the losing litigant in state courts was unhappy with the outcome of the case and wants to appeal to the U.S. Supreme Court
B)if the losing litigant raises a federal issue, often one in which the litigant has been deprived of his or her constitutional due process rights
C)if the winning litigant and losing litigant want the U.S. Supreme Court to make the outcome of the case precedent for the entire country
D)if the solicitor general is willing to write an amicus brief for the appellant

Question 66

The Federal Ninth Circuit of Appeals includes eleven western states and territories, making it the largest court in terms of both population and land area. There have been attempts to divide the Ninth Circuit, but it has proven difficult to organize a coalition in favor of a specific alternative. Which of the five principles of politics highlights the importance of coalition building?

A)All political behavior has a purpose.
B)Institutions structure politics.
C)All politics is collective action.
D)Policy outcomes are the result of institutions and preferences.

Question 67

Which court hears appeals involving patent law and those appeals arising from the decisions of the trade and claims court?

A)Commercial Tribunal
B)Court of Trade Appeals
C)Court of Federal Claims
D)Court of Appeals for the Federal Circuit

Question 68

The trial courts of general jurisdiction at the federal level are called ________ courts.

A)supreme
B)circuit
C)federal claims
D)district

Question 69

Under what authority does the U.S. military operate its own court system that governs the behavior of men and women in uniform?

A)Defense Judiciary System
B)Military Tribunal Authority
C)Uniform Code of Military Justice
D)Federal Circuit Court

Question 70

Which of the following courts exercises appellate jurisdiction over cases heard by the district courts within its region?

A)each circuit court
B)the Supreme Court
C)the U.S. Court of Federal Claims
D)state supreme courts

Question 71

In civil cases, most litigation is brought in the

A)federal district courts.
B)federal circuit courts.
C)U.S. Supreme Court.
D)state and local courts.

Question 72

A state supreme court ruled against an individual claiming that she was denied her Fifth Amendment right to due process. The state court's decision can be appealed in which of the following venues?

A)U.S. Supreme Court
B)State Court of Appeals
C)U.S. District Court
D)U.S. Court of Federal Claims

Question 73

What is the difference between the Supreme Court's original jurisdiction and its appellate jurisdiction?

A)Cases in the Court's original jurisdiction receive a full oral argument and written opinion, while appellate cases are decided without oral argument, vote tally, or written opinion.
B)The Court's original jurisdiction consists of issues considered during the first 10 years of its history, while its appellate jurisdiction is every new issue considered since 1798.
C)Cases in the Court's original jurisdiction go directly to the Supreme Court, while cases in its appellate jurisdiction go to state or lower federal courts first.
D)Cases in the original jurisdiction are brand-new legal topics for the court to consider, while cases in the appellate jurisdiction are resolved by the application of precedents.

Question 74

Which of the following is true regarding Article I courts and Article III courts?

A)Article I court judges serve life terms, whereas Article III court judges serve terms of 10 to 15 years.
B)Neither Article I nor Article III court judges can have their salaries reduced during their terms.
C)Article I courts are less independent than Article III courts.
D)Article I courts can hear international cases, whereas Article III courts may not.

Question 75

In the United States, the basis for the authority of judges is

A)Congress.
B)authorizing laws for the Department of Justice.
C)the Constitution and laws.
D)the Judicial Conference of the United States.

Question 76

Which constitutional article gives the Supreme Court appellate jurisdiction in all federal cases?

A)Article I
B)Article II
C)Article III
D)Article IV

Question 77

Civil cases that involve the citizens of more than one state and in which more than $75,000 is at stake may be heard in either the federal or the state courts, usually depending on the preference of the

A)judge.
B)plaintiff.
C)defendant.
D)grand jury.

Question 78

Ninety-nine percent of all court cases are heard in which of the following venues?

A)the Supreme Court
B)state and local courts
C)federal appellate courts
D)federal district courts

Question 79

The court that initially hears a criminal or civil case is the __________ court.

A)trial
B)circuit
C)appellate
D)original

Question 80

A court order to the authorities to release a prisoner deemed to be held in violation of his or her rights is known as a(n)

A)writ of mandamus.
B)writ of habeas corpus.
C)in propie persona decree.
D)non compos mentis decree.