Question 1

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

Accepted Answer

Federal judges derive their authority from the U.S. Constitution and federal laws, which establish the judiciary and outline its powers and responsibilities.

Question 2

August Lumière had her beloved Italian convertible, a vintage early 1960s model that her father had carefully restored, stolen from a local mall a few months ago.Thankfully, her insurance company paid for a replacement.Even so, the company thinks the mall's owner was to blame for its client's misfortune, given poor lighting and lack of security around the parking lot. The insurance company filed suit against the mall owner on Lumière's behalf, asking for $60,000 in reimbursement costs, along with $100,000 in punitive damages.This is an example of a typical sort of _________ case.

Accepted Answer

This is an example of a tort law case, where the insurance company is seeking compensation for damages due to negligence (poor lighting and lack of security) from the mall owner.

Question 3

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.

Accepted Answer

Criminal law involves cases where the government prosecutes individuals for actions that are offenses against public health, safety, morals, or welfare.

Question 4

In a civil court case, the party that brings charges is called the ____________, whereas the party that defends itself against charges is called the ____________.

Accepted Answer

In a civil court case, the party that brings charges is called the plaintiff, and the party that defends itself against charges is called the defendant.

Question 5

The lowest tier of the federal court system consists of ____________ , which are located in each of the 50 states, the District of Columbia, and several territories.These take in civil and criminal trial courts of general jurisdiction.

Accepted Answer

The lowest tier of the federal court system is the district courts, which are trial courts of general jurisdiction located in each state, the District of Columbia, and several U.S. territories.

Question 6

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

Accepted Answer

A criminal case enters the realm of public law when it involves issues related to the constitution or the rights it guarantees, such as when a defendant claims that their constitutional rights were violated.

Question 7

If someone convicted on federal drug charges in a U.S.district court wanted to file an appeal, what court would hear the appeal?

Accepted Answer

The appeal would be heard by the federal circuit court of appeals for the district, as it is the intermediate appellate court for federal cases.

Question 8

Most criminal cases arise out of:

Accepted Answer

Most criminal cases arise out of state and municipal courts because these courts handle the majority of criminal cases, which typically involve violations of state or local laws.

Question 9

In civil as well as criminal cases, the ruling of a state court of last resort can be appealed to the U.S.Supreme Court when:

Accepted Answer

A state court's decision can be appealed to the U.S. Supreme Court if it involves a federal issue, such as a federal statute or constitutional question.

Question 10

An individual accused of committing murder or breaking and entering a home would be tried in a __________ court.

Accepted Answer

Criminal courts handle cases involving offenses against the state or public, such as murder or breaking and entering.

Question 11

In 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act, granting the U.S.Food and Drug Administration (FDA) the ability to regulate the tobacco industry.One provision directed FDA to require large, graphic warning labels on cigarette packaging.A few years later, however, tobacco companies challenged proposed FDA warnings on First Amendment grounds.These warnings, based on Canadian counterparts, featured graphic imagery, such as an illustration of a cigarette-smoking man exhaling through a tracheotomy hole.A federal district judge agreed, and an appeals court upheld the ruling, which asserted that the warnings violated cigarette makers' free speech rights. The tobacco companies' suit and the court rulings were an example of a matter of _____________ law becoming a matter of _____________ law.

Accepted Answer

The case began as a matter of administrative law, involving FDA regulations, but became a matter of public law due to constitutional issues regarding free speech.

Question 12

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 are not fined or sent to prison are classified as __________ law.

Accepted Answer

Civil law deals with disputes between individuals or organizations, where the remedy often involves monetary compensation rather than criminal penalties like fines or imprisonment.

Question 13

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

Accepted Answer

Federal court jurisdictions are primarily assigned based on geography, dividing the country into different districts and circuits.

Question 14

Over ninety-nine percent of all court cases in the United States are heard in which of the following venues?

Accepted Answer

State courts handle the vast majority of legal disputes in the United States, including civil, criminal, family, and traffic cases.

Question 15

An individual suing an attorney or doctor for malpractice would, in most cases, file a civil claim against the professional in:

Accepted Answer

Malpractice claims are typically filed in state courts where the alleged malpractice occurred, as these courts have jurisdiction over such civil matters.

Question 16

The former governor has been found guilty in state district court of stealing taxpayer dollars to cover up allegations of sexual harassment.This does not necessarily mean that residents can put the case's drama behind them, however, because the former governor may next:

Accepted Answer

The former governor can appeal the conviction to a higher state court if he believes there were legal errors in the trial. This is a common next step in the legal process after a conviction in a state district court.

Question 17

Which of the following examples describes the arena of public law that involves disputes over the jurisdiction, procedures, or authority of government agencies?

Accepted Answer

Administrative law deals with the rules, regulations, and procedures of government agencies, including disputes over their jurisdiction and authority.

Question 18

Although they must win confirmation before serving, presidents can still exercise enormous power by appointing:

Accepted Answer

Presidents have the power to appoint judges to all three tiers of the federal judicial system, which includes district courts, appellate courts, and the Supreme Court, subject to Senate confirmation.

Question 19

The two most common types of civil cases involve:

Accepted Answer

Contracts and torts are the most common types of civil cases, as they involve disputes over agreements and personal injuries, respectively.

Question 20

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

Accepted Answer

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

Quiz 8: The Federal Courts