Question 1

The vast majority of civil cases never make it to trial. Which of the following is not a reason that a case may fail to proceed to trial?

Accepted Answer

While this could be a reason that a case fails to proceed to trial, it is not the most common reason. The more common reasons include dismissal by the judge, insufficient evidence, settlement out of court, and lack of jurisdiction.

Question 2

The party that chooses to initiate formal legal proceedings is called the _____________.

Accepted Answer

The plaintiff is the party that chooses to initiate formal legal proceedings by filing a complaint or petition against the defendant. The defendant is the party against whom the complaint is filed. Barrister and counsel are terms used to refer to lawyers who represent clients in court. The initiator does not have a specific legal meaning in this context.

Question 3

Which of the following would not be a court in the federal judicial system?

Accepted Answer

Family court is not a court in the federal judicial system. It is a state court that handles cases related to family and domestic issues such as divorce, child custody, and child support. The other options listed are all courts within the federal judicial system.

Question 4

What is the pretrial stage that occurs when the judge finds no reason to dismiss a case and the case then moves forward toward trial?

Accepted Answer

Discovery is the pretrial stage where both parties exchange information and gather evidence to prepare for trial.

Question 5

Most parties to a federal case start out in one of the 94 __________.​

Accepted Answer

According to the federal court system, there are 94 federal district courts, which are the trial courts for federal cases. Therefore, the correct answer is C. State supreme courts, circuit courts of appeals, municipal courts, and bankruptcy courts are not the initial courts for federal cases.

Question 6

When one private party contests another and the lawsuit or action is brought before a judge in a court of law, the process is referred to collectively as ________________.

Accepted Answer

The process of private parties bringing a lawsuit or action before a judge in a court of law is known as litigation. Prosecution and indictment are more commonly associated with criminal cases. An appeal is a legal process where a higher court reviews the decision of a lower court. Civil discourse refers to the exchange of ideas and opinions in a respectful and constructive manner.

Question 7

Which of the following is a system of justice used in the American legal system in which opposing parties contend against each other for a result favorable to themselves, while judges act as independent referees overseeing the contest?

Accepted Answer

The adversarial system is used in the American legal system where opposing parties contend against each other with judges acting as independent referees overseeing the contest. The inquisitorial system is used in some other countries where judges take a more active role in investigating and gathering evidence. The civil and criminal systems refer to different types of cases that are tried under the legal system, while the appellate system is a system of courts that review decisions made by lower courts.

Question 8

Approximately __________ of convictions in the federal judicial system are the direct result of a negotiated plea bargain.

Accepted Answer

According to a report from the United States Sentencing Commission, approximately 90 percent of federal criminal cases result in a guilty plea, rather than a trial. Therefore, the answer is E, 90 percent.

Question 9

A type of trial in which a judge, working on behalf of the government, is responsible for gathering information relevant to the disposition of a case, is referred to as ___________________.

Accepted Answer

An inquisitorial trial is a type of trial in which a judge, rather than the lawyers, takes an active role in investigating the facts of the case and gathering evidence. This is in contrast to an adversarial trial, in which each side presents evidence and arguments to the judge or jury. In an inquisitorial trial, the judge is responsible for bringing out the truth and resolving the case based on the evidence.

Question 10

The formal document, issued by the grand jury, which authorizes the government to proceed to trial against the defendant is called the _________________.

Accepted Answer

An indictment is a formal document issued by a grand jury that charges the defendant with a specific crime and authorizes the government to proceed to trial. Discovery refers to the process of gathering evidence, a subpoena is a court order to produce documents or appear in court, a plea bargain is a negotiation between the defendant and prosecutor to reach a plea agreement, and an arrest is the physical act of taking a suspect into custody.

Question 11

Which of the following is not a result of plea bargaining?

Accepted Answer

Plea bargaining does not necessarily allow the defendant to avoid a trial until an appeal can be filed to a higher court. Plea bargaining usually results in the defendant pleading guilty to a lesser charge or accepting a reduced sentence in exchange for not going to trial. If the defendant pleads guilty, there is usually no need for an appeal.

Question 12

In criminal cases that go to trial, the burden rests squarely on the prosecutor to prove __________ that the defendant committed the crime.

Accepted Answer

The legal standard in criminal cases is "beyond a reasonable doubt," which means that the prosecutor must prove the defendant's guilt to a high degree of certainty. This is the highest standard of proof in the U.S. legal system and is intended to protect individuals from being wrongfully convicted.

Question 13

The target of the complaint, who normally responds to the complaint with a formal written defense prior to appearing formally in court, is called the __________________.

Accepted Answer

The defendant is the target of the complaint and is the person who is being sued or accused in the legal case. They typically respond to the complaint with a formal written defense before appearing in court.

Question 14

Which of the following is not one of the purposes and functions of a grand jury?

Accepted Answer

A grand jury does not determine guilt or innocence of the defendant in the action. This is the responsibility of a trial jury.

Question 15

The U. S. Supreme Court hears appeals in ____________________.

Accepted Answer

The U.S. Supreme Court hears less than 3 percent of the appealed cases. The Court only grants certiorari, or agrees to hear a case, in select cases that raise significant constitutional or legal issues.

Question 16

A legal system in which judges are responsible for gathering information relevant to deciding a particular case is a(n) ____________________.

Accepted Answer

An inquisitorial system places the responsibility of gathering and evaluating evidence with the judge or investigating magistrate. This is in contrast to an adversarial system, where evidence is presented by the opposing parties and the judge acts as a neutral arbiter. Systems of judge-made law and common law refer to legal traditions that rely on judicial decisions to establish legal precedent, rather than relying solely on statutes or codes. The option of a contest between plaintiff and defendant is too vague and does not accurately describe any particular legal system.

Question 17

Litigants who receive an adverse judgment in federal appeals court and wish to be heard in the U.S. Supreme Court may petition for a ___________________.

Accepted Answer

Litigants who receive an adverse judgment in federal appeals court and wish to be heard in the U.S. Supreme Court may petition for a writ of certiorari. A writ of habeas corpus is used to challenge the legality of a person's detention, a writ of mandamus is used to order a government official to perform a particular duty, a subpoena is a court order to produce evidence, and a warrant is a court order authorizing law enforcement to take a certain action.

Question 18

Which of the following best describes how cases reach the U.S. Supreme Court on appeal?

Accepted Answer

About half of the cases come from federal appellate courts and the other half come from the 50 state supreme courts. This is because the Supreme Court has both federal and state jurisdiction, and can hear appeals from both types of courts.

Question 19

There are __________ federal appeals courts across the country.​

Accepted Answer

There are 13 federal appeals courts, also known as the United States Courts of Appeals, which are organized into 12 regional circuits and one Federal Circuit.

Question 20

A circuit court of appeals may meet "en banc," meaning that ___________________.

Accepted Answer

When a circuit court of appeals meets "en banc," it means that the litigant appeals from the three-judge panel to the full circuit court (a panel of 10 or more). The entire court hears the case together and makes a decision, rather than just a smaller panel of judges.

Quiz 9: The Judiciary