Deck 3: Federal Courts

Question 1

Authority for the federal courts is found in which Article of the Constitution?

A) I
B) II
C) III
D) IV
E) V

Answer 1

C

Question 2

When a court tries a case and decides it, the court is said to have:

A) appellate jurisdiction
B) original jurisdiction
C) hierarchical jurisdiction
D) geographical jurisdiction

Answer 2

B

Question 3

The dual court system of the American judiciary refers to the fact that:

A) there are at least two courts of appeal in each state
B) there is a national court structure and a court structure in each of the 50 states and U.S. territories
C) most courts have two jurisdictions that enable them to hear different cases
D) an individual has the right to appeal to the Intermediate Courts of Appeals, then the U.S. Supreme Court

Answer 3

B

Question 4

Juries are not used in:

A) municipal and lower level courts
B) state courts of general jurisdiction
C) appellate courts
D) U.S. District Courts

Question 5

The original structure of the federal judiciary was supportive of states' rights in which of the following ways?

A) Judges are forced to ride circuits.
B) District judges must be confirmed by the Senate.
C) Court boundaries were drawn along regional lines.
D) The lower federal courts had expansive jurisdiction.

Question 6

The division of jurisdiction between the federal and state judicial system rests on:

A) the case load of the federal courts
B) the nature of the question raised in the case
C) the type of case-civil cases are heard in federal court and criminal cases in state court
D) whether it is original or appellate jurisdiction.

Question 7

The current structure of the federal courts is heavily influenced by the following:

A) the U.S. Constitution
B) the Judiciary Act of 1789
C) Marbury v. Madison (1803)
D) the Administrative Office Act
E) a and b

Question 8

Regarding the number of justices sitting on the Supreme Court, the Constitution:

A) specifies nine justices
B) requires Congress to establish any odd number of three or more
C) specifies Congress may establish any number greater than two
D) is silent

Question 9

S. District Courts have:

A) only one judge
B) two or more judges
C) only three judge panels
D) only appellate jurisdiction
E) only equity jurisdiction

Question 10

Characteristics of the Judiciary Act of 1789 included all of the following except:

A) courts of appeals established
B) boundaries set along state lines
C) federal judges selected from home state
D) lower courts got limited jurisdiction

Question 11

The debate between the Anti?Federalists and Federalists concerning the nature of the courts centered on:

A) possible conflicts between states
B) a fear of too much popular control
C) loss of patronage
D) a loss of state court power

Question 12

An obvious weakness of the 1789 judicial structure was:

A) lengthy waiting periods for cases to be heard
B) conflicting court jurisdiction
C) circuit riding
D) large Supreme Court workload
E) domination of business cases

Question 13

The primary function of trial courts is to exercise:

A) limited jurisdiction
B) intermediate jurisdiction
C) appellate jurisdiction
D) general jurisdiction
E) original jurisdiction

Question 14

The distinction between courts of original jurisdiction and courts of appellate jurisdiction:

A) rests on the number of jurors, 6 at an appellate court and 12 at a trial court
B) depends on whether the case is being heard for the first time
C) depends on whether it involves a state or federal question
D) normally is not important because all major decisions in cases are made by appellate judges

Question 15

According to the U.S. Constitution, federal courts other than the Supreme Court may be established by:

A) Congress
B) the president
C) constitutional amendment
D) the Supreme Court
E) the electorate

Question 16

Until 1891, the federal court system consisted of:

A) the Supreme Court only
B) district courts only
C) district courts and the Supreme Court
D) district courts, appeals courts, and the Supreme Court

Question 17

Courts that are authorized to hear and decide disputes arising within specified legal boundaries have:

A) geographical jurisdiction
B) subject matter jurisdiction
C) hierarchical jurisdiction
D) appellate jurisdiction

Question 18

The first court to decide a case has:

A) no jurisdiction
B) original jurisdiction
C) appellate jurisdiction
D) intermediate jurisdiction

Question 19

Currently, the United States has ___ U.S. District Courts

A) 12
B) 50
C) 51
D) 94
E) 152

Question 20

Appellate jurisdiction is the power of a court to:

A) overturn laws in conflict with the Constitution
B) overturn actions of governmental officials in conflict with the laws
C) review cases that have already been decided by another court
D) grant a hearing when a constitutional question is unresolved

Question 21

Which statement best describes decisions of three?judge district courts?

A) They are appealed to the courts of appeals.
B) They are appealed to the U.S. Supreme Court.
C) They are made by three district court judges.
D) They are made by three circuit court judges.

Question 22

The military justice system:

A) follows the exact organization of the civil justice system
B) is detailed in the Constitution
C) differs dramatically from the regular federal court system
D) cannot be reviewed the president

Question 23

The current administrative structure of the federal judiciary is largely the product of:

A) The Judiciary Act of 1789
B) The Judiciary Act of 1889
C) The Judge's Bill of 1925
D) The Administrative Office Act of 1939
E) The Judiciary Act of 1971

Question 24

The caseloads of the U.S. District Court have been:

A) increasing
B) decreasing
C) staying steady
D) none of the above

Question 25

How many justices must vote to place a case on the Supreme Court docket?

A) 3
B) 4
C) 6
D) 9

Question 26

Diversity of citizenship cases involves citizens from different:

A) countries
B) religions
C) states
D) territories

Question 27

The U.S. Supreme Court:

A) is the only court established by the Constitution
B) chooses lower federal judges
C) supervises state judicial systems
D) has extensive original jurisdiction

Question 28

The main way that cases advance to the Supreme Court is through the:

A) writ of appeal
B) writ of certiorari
C) original jurisdiction
D) writ of error
E) certification by the solicitor general

Question 29

The Foreign Intelligence Surveillance Court:

A) is designed to protect foreign intelligence agents
B) issues warrants for electronic eavesdropping
C) works in public
D) has only permanent judges

Question 30

Currently, how many U.S. Circuit Courts of Appeals are there?

A) 9
B) 10
C) 11
D) 12
E) 13

Question 31

Cases heard by the U.S. Courts of Appeals come from:

A) federal administrative agencies
B) the U.S. District Courts
C) state supreme courts
D) a, b, and c
E) a and b

Question 32

Which president proposed a famous plan to "pack" the Supreme Court?

A) Thomas Jefferson
B) Franklin Roosevelt
C) Harry Truman
D) Dwight Eisenhower
E) Herbert Hoover

Question 33

The following is an example of legislative courts:

A) bankruptcy court
B) U.S. Magistrates
C) tax court
D) a and b
E) a, b, and c

Question 34

S. Magistrate judges can do all of the following except:

A) sentence misdemeanor defendants
B) supervise civil discovery
C) conduct civil trials with the consent of the litigants
D) sentence felony defendants
E) conduct the preliminary stages of criminal cases

Question 35

Which statement best describes the chief justice of the Supreme Court?

A) He is selected by the other justices of the Supreme Court.
B) He is selected on a rotating basis.
C) He has supervisory authority over the entire federal court system.
D) He has supervisory authority over the state and federal systems.
E) Beyond deciding cases, he holds only a ceremonial position.

Question 36

Judicial bodies established by Congress under Article I are known as:

A) constitutional courts
B) legislative courts
C) inferior courts
D) trial courts

Question 37

Bankruptcy law has been characterized by:

A) agreement between the Supreme Court and Congress concerning procedures and judges
B) a declining number of cases
C) conflict between the Supreme Court and Congress over procedures and judges
D) a and b
E) b and c

Question 38

En banc hearings are:

A) hearings before a panel of retired judges
B) hearings before a three-judge panel
C) hearings before all of the judges of a circuit
D) found only in state courts
E) apply only to jury trials

Question 39

How many U.S. District Courts are there in each state?

A) There are two in each state.
B) There may be one for several states.
C) They are distributed according to population.
D) There is at least one per state.

Question 40

Which statement best describes three?judge district courts?

A) They have rarely dealt with important cases.
B) They were often used in the 1930s and 1940s.
C) Congress has recently limited their usage.
D) Congress has recently expanded their usage.

Question 41

Describe the different kinds of jurisdiction possessed by courts.

Question 42

What is the significance on the Court of Appeals Act of 1891?

Question 43

The original structure of the U.S. federal courts did nothing to protect states' rights.

Question 44

Explain the differences between the three levels of federal courts.

Question 45

On the matter of increasing federal criminal jurisdiction for some categories of crimes:

A) conservatives and liberals agree
B) conservatives and liberals disagree
C) libertarians favor increasing all federal criminal jurisdiction
D) conservatives favor only reductions in federal criminal jurisdiction

Question 46

Prisoner positions are declining.

Question 47

Which of the following is primarily concerned with research and training?

A) Administrative Office of the U.S. Courts
B) Judicial Councils
C) Judicial Conference of the United States
D) Chief Justice of the U.S. Supreme Court
E) Federal Judicial Center

Question 48

How are separation of powers and judicial review related?

Question 49

Describe three ways that the federal court caseload could be reduced.

Question 50

Critics of attacks on the federal judiciary worry that such attacks will:

A) enhance the legitimacy of the courts
B) diminish the legitimacy of the courts
C) improve congressional oversight of courts
D) increase access to the courts

Question 51

Most federal question cases involve the violation of a criminal statute.

Question 52

S. District Court boundary crosses state lines.

Question 53

Jurisdiction is the power of a court to prohibit illegally obtained evidence from being introduced.

Question 54

Bankruptcy judges are Article III judges who are insulated from political pressures by life tenure and protection from pay cuts.

Question 55

The U.S. federal court system undergoes constant reorganization.

Question 56

Appellate review focuses on correctly interpreting the law.

Question 57

Which of the following is considered the policy-making organization of the federal judiciary?

A) Administrative Office of the U.S. Courts
B) Judicial Councils
C) Judicial Conference of the United States
D) Chief Justice of the U.S. Supreme Court
E) Federal Judicial Center

Question 58

Judicial councils are:

A) the policy-making arm of the U.S. judiciary
B) appointed by the chief justice
C) the administrative unit of the U.S. Courts of Appeals
D) part of the U.S. District Courts
E) important bodies which conduct research

Question 59

What are the differences between Article I and Article III judges?

Question 60

Specialized federal courts are created to administer a specific judicial decision.

Question 61

Explain in-depth the structure and jurisdiction of the elements of the dual court system in a discussion of how a case proceeds through the judiciary from inception to final resolution. Be sure to specify which courts exist throughout the hierarchy and how the courts interrelate in resolving legal conflict. You may use diagrams to supplement your answer.

Question 62

Describe the different routes of appeal to the Supreme Court of the United States.