Question 1

What is the first step in preparing a case brief?

Accepted Answer

The first step in preparing a case brief is to identify key facts. It is important to have a clear understanding of the relevant facts before moving on to identifying key issues and other elements of the brief.

Question 2

The Supreme Court most commonly employs what type of jurisdiction?

Accepted Answer

The Supreme Court most commonly employs appellate jurisdiction, meaning that they have the authority to review and overturn decisions made by lower courts.

Question 3

What is the primary function of the U.S.Supreme Court today?

Accepted Answer

The primary function of the U.S. Supreme Court is to interpret the Constitution and review laws or legal decisions that may conflict with it, ensuring they adhere to the highest legal standards and principles set forth in the Constitution. This includes reviewing laws from different states that may conflict with the Constitution.

Question 4

Who determines the boundaries for the circuit court of appeals?

Accepted Answer

The boundaries for the circuit court of appeals are determined by Congress through the Federal Circuit Court of Appeals Act.

Question 5

Originally,the U.S.Constitution provided for which of the following?

Accepted Answer

The U.S. Constitution originally provided for the establishment of a single federal court, which is the Supreme Court. The creation of lower federal courts was left to the discretion of Congress.

Question 6

The specific elements of a judicial opinion are often written in which format?

Accepted Answer

Judicial opinions are typically written in a narrative format, with a clear beginning, middle, and end. This allows the judge to explain the reasoning behind their decision and provide a thorough analysis of the case. Bullets, detailed formats, and key issue formats are not typically used in judicial opinions.

Question 7

The primary distinction between the appellate and trial court is

Accepted Answer

The primary distinction between the appellate and trial court is the role of each court. Trial courts are responsible for hearing evidence and making decisions about a case, while appellate courts review decisions made by trial courts to ensure they were made correctly based on the law. Differences in the maximum penalty, number of jurors, and type of evidence may vary between individual cases, but do not necessarily distinguish between trial and appellate courts as a whole.

Question 8

When there are no judicial precedents,a judge must create one.This is known as

Accepted Answer

When there are no judicial precedents on a particular issue, a judge must create a new precedent. This process is part of the common law system, where past judicial decisions serve as a guide for deciding future cases.

Question 9

Which court has the general authority to change the trial court's verdict on review?

Accepted Answer

Appellate courts have the general authority to review the decisions made by lower trial courts and can change the verdict if they find necessary. Municipal courts have limited jurisdiction over minor offenses, federal district courts have the authority to hear federal cases, and judicial courts are not a specific type of court but rather a general term referring to all courts that have the power to interpret and enforce the law.

Question 10

What is the initial step in case analysis?

Accepted Answer

The answer of What is the initial step in case...

Question 11

The goal of the case analysis is to identify why the appellate court ultimately agreed or disagreed with which court?

Accepted Answer

The appellate court reviews decisions made by trial courts to determine if there were errors in the application of the law. They agree or disagree with the trial court's decision based on their analysis.

Question 12

Which of the following is not a reason for the limited number of published trial court opinions?

Accepted Answer

The answer of Which of the following is not a...

Question 13

How many levels do the federal courts comprise (excluding specialty courts)?

Accepted Answer

The federal courts comprise three levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.

Question 14

Judicial opinions from a single court are published in what manner?

Accepted Answer

Judicial opinions from a single court are published chronologically, meaning they are organized based on the order of the dates on which the opinions were issued.

Question 15

In law-related professions,the term brief usually refers to some type of document containing

Accepted Answer

A brief typically contains a legal analysis, summarizing the facts, issues, and arguments in a case.

Question 16

A case brief contains two types of facts: occurrence facts and

Accepted Answer

The two types of facts in a case brief are occurrence facts and legal facts. Occurrence facts refer to the events that took place leading up to the dispute or legal proceeding, while legal facts refer to the applicable laws or legal principles that are relevant to the case. Proven facts and undisputed facts may be included as occurrence facts, but they are not a separate category of facts in a case brief. Similarly, documented facts may be used to support occurrence facts or legal arguments, but they are not a distinct type of fact in and of themselves.

Question 17

Legal analysis is performed with respect to statutes and

Accepted Answer

Legal analysis involves examining statutes, administrative law, and case law (judicial decisions), which are essential components of the legal framework.

Question 18

Statutes are generally written

Accepted Answer

Statutes are usually written in general terms so that they can be applied to all citizens in a fair and equitable manner. This allows for consistency and predictability in the legal system. Statutes can cover a wide range of issues, including criminal and civil matters, and they apply to all people within the jurisdiction, not just U.S. citizens.

Question 19

Federal trial courts are known as

Accepted Answer

Federal trial courts are known as U.S. district courts. The other options listed are not correct names for federal trial courts.

Question 20

What is the general function of the appellate court in all cases?

Accepted Answer

The general function of the appellate court is to determine if the law was applied properly and fairly in a case. They review the decision made by lower courts to ensure that it followed the correct legal procedures and that the decision was based on the evidence presented in the case. The appellate court does not have the power to determine if a statute was constitutional or in violation of a federal statute. Their role is to only evaluate the lower court's decisions based on the facts presented in the case.

Quiz 2: The Courts