Deck 3: The Courts and Legal Personnel

Question 1

What is the name of the individual who is responsible for the safety of the judge and for order within the courtroom?

A) Court clerk
B) Bailiff
C) Court reporter
D) Court administrator

Answer 1

B

Question 2

Which of the following is not a specialized trial court in the federal court system?

A) U.S. Tax Court
B) U.S. Claims Court
C) U.S. Bankruptcy Courts
D) U.S. District Courts

Answer 2

D

Question 3

What is the main purpose of appellate review?

A) Review the case to see if the appellate judges agree with the outcome at the trial court
B) Review what happened at the trial court to make sure that the trial was fair
C) Issue warrants
D) Hear testimony from witnesses

Answer 3

B

Question 4

Which of the following can paralegals usually do?

A) Charge clients for their legal advice
B) Give legal advice to friends without charging
C) Draft legal documents under the supervision of a lawyer
D) Argue a motion in court, as long as they are accompanied by a lawyer

Question 5

The Judicial Conference of the United States:

A) selects all federal judges.
B) enforces ethical rules of federal judges, but cannot remove a judge from office.
C) enforces ethical rules of state and federal judges, but cannot remove a judge from office.
D) enforces ethical rules that govern attorneys.

Question 6

All federal court judges or justices are appointed by the President and subject to approval by which government body?

A) The Senate
B) The U.S. House of Representatives
C) Both the Senate and the U.S. House of Representatives
D) The U.S. Supreme Court

Question 7

The trial courts in state court systems may be called:

A) Superior courts
B) Municipal courts
C) Circuit courts
D) All of the above

Question 8

To request a hearing in the U.S. Supreme Court, a party often files:

A) a complaint.
B) an appeal.
C) a petition for a writ of certiorari.
D) a petition for a hearing.
E) None of the above

Question 9

Which specialized federal court hears suits against the federal government for money damages in numerous civil matters?

A) U.S. Tax Court
B) U.S. Claims Court
C) U.S. Bankruptcy Court
D) U.S. Court of International Trade

Question 10

Which of the following is not a breach of ethics by a lawyer?

A) Commingling personal funds with trust account money
B) Failing to maintain a trust account even when the attorney does not handle client funds
C) Accepting a case and not having sufficient time to handle the matter
D) Allowing a paralegal to give legal advice to clients
E) None of the above; they are all breaches of ethics

Question 11

The trier of fact is usually found in which court?

A) District court
B) Court of appeals
C) Supreme Court
D) All of the above
E) None of the above

Question 12

Prosecutors' offices are also known as:

A) Public Defenders' Offices
B) District Attorneys' Offices
C) Corporate Legal Departments
D) All of the above
E) None of the above

Question 13

How can federal judges be removed from office for violating ethical rules?

A) By order of the President
B) Through the impeachment process
C) By order of the Judicial Conference of the United States
D) Federal judges can never be removed from office

Question 14

What is the name of the national organization that provides considerable resources and educational information for all state courts?

A) The National Center for State Courts
B) The Judicial Conference for State Courts
C) The Judicial Center for State Courts
D) The National Conference for State Courts

Question 15

Which of the following is a trial court?

A) U.S. district courts
B) U.S. tax courts
C) U.S. claims court
D) U.S. court of international trade
E) All of the above

Question 16

Which of the following is not considered an activity that is considered unauthorized practice of law by a paralegal?

A) Appear in court on behalf of a client
B) Sign pleadings for court filings
C) Conduct legal research under the supervising of a lawyer
D) Give legal advice

Question 17

How many U.S. Supreme Court justices must vote to hear the case?

A) Two
B) Three
C) Four
D) Five

Question 18

Which of the following are not judicial or quasi-judicial offices?

A) Judge
B) Magistrate
C) Commissioner
D) Referee
E) Attorney

Question 19

Federal court diversity of citizenship jurisdiction can be established where the plaintiff and defendant are residents of different states and the amount in controversy exceeds _____.

A) $50,000
B) $75,000
C) $100,000
D) $125,000

Question 20

Which of the following is not part of an appeal?

A) Live testimony by witnesses before the appellate court
B) Transcripts of the trial court proceedings
C) Appellate briefs
D) All of the above

Question 21

All state judges are appointed by the President, subject to approval by the Senate.

Question 22

The canons of ethics adopted by the federal judicial conference states that judges should avoid impropriety and the appearance of impropriety in all activities.

Question 23

All states have trial courts and courts of review.

Question 24

Paralegals are bound by rules of confidentiality in dealing with clients of the law firm in which they work.

Question 25

Prosecutors who refuse to give the defense evidence that helps the defendant are just doing their job.

Question 26

All paralegals work in law offices.

Question 27

The United States is divided into fifteen separate geographical appellate areas, called circuits for the federal appellate courts.

Question 28

Federal trial courts are known as district courts.

Question 29

U.S. District Courts handle all bankruptcy court proceedings.

Question 30

A special relationship of trust and confidence between an attorney and client is known as a fiduciary relationship.

Question 31

The Supreme Court has no jurisdiction to hear cases that originated in the state courts.

Question 32

A court clerk is a court employee who assists the court and the judge by filing documents, marking and safeguarding evidence, and reviewing documents that are submitted to the judge.

Question 33

State court systems differ from the federal system in that most states have two levels of trial court.

Question 34

The U.S. Court of Appeals is primarily a court of original jurisdiction.

Question 35

Federal court diversity of citizenship jurisdiction can be established where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000.

Question 36

All federal judges are appointed by the President, subject to approval by the House of Representatives.

Question 37

District courts are courts of original jurisdiction.

Question 38

Individuals must take and pass an examination known as a bar exam before they are licensed to practice law.

Question 39

The canons of ethics adopted by the federal judicial conference states that judges should use their office to engage in political activity.

Question 40

In the federal courts, the bailiff may be a deputy U.S. marshal.

Question 41

Discuss the ethical duty for paralegals and lawyers to avoid conflicts of interest

Question 42

Which ethical duty for lawyers do you think is the most important? Explain your position.

Question 43

The court employee who assists the court and the judge by filing documents, marking and safeguarding evidence, reviewing documents that are submitted to the judge, and performing other similar tasks is known as a court _____.

Question 44

Cases heard in U.S. Court of Appeals are normally heard by a panel of_____ judges who decide the case by a majority vote.

Question 45

Parties desiring a hearing before the U.S. Supreme Court usually file a petition for
writ of _____.

Question 46

The U.S. Court of Appeals can reverse and ____ or send the case back to the trial court for a retrial with instructions regarding the procedure to be followed.

Question 47

What type of ethical violations should warrant impeachment and removal for federal court judges? Give a hypothetical situation where a judge should be removed.

Question 48

Explain the requirements for diversity of citizenship jurisdiction in federal courts.

Question 49

The ethical duty of _____requires that the attorney not reveal the content of any communications that are intended to be private.

Question 50

The _____of ethics adopted by the federal judicial conference exemplify the type of rules regulating judges throughout the United States.

Question 51

A basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000 is known as diversity of _____.

Question 52

The first job of the ____of fact is to determine the true facts.

Question 53

The U.S. _____ conducts hearings on individuals nominated by the President to serve as federal judges in order to assure that only qualified individuals take the bench.

Question 54

Explain why the federal judicial conference has adopted canons of ethics regulating judges.

Question 55

Explain when the U.S. Supreme Court has original jurisdiction.

Question 56

All state court systems have both _____ courts and appellate courts of review.