Question 1

A party wishing to have a case reviewed by the U.S.Supreme Court petitions the court for a writ of certiorari.

Accepted Answer

This is true. A party that wishes to have a case reviewed by the U.S. Supreme Court petitions the court for a writ of certiorari, which is a request for the court to hear the case. The court has discretion to grant or deny the writ.

Question 2

A bench trial is a trial heard by a judge rather than a jury.

Accepted Answer

A bench trial is a trial where a judge, rather than a jury, makes the decision on the case.

Question 3

The primary trial court in the federal judicial system is called the U.S.Court of Claims.

Accepted Answer

The primary trial court in the federal judicial system is called the U.S. District Court. The U.S. Court of Claims is a separate court that hears certain types of cases relating to claims against the federal government. However, it is not considered the primary trial court in the federal judicial system.

Question 4

Appellate courts hear witnesses, determine facts, and apply the law.

Accepted Answer

Appellate courts do not hear witnesses or determine facts. Their role is to review the decision and application of the law in a lower court case.

Question 5

Concern about local prejudice is one reason a court might consider a change of venue.

Accepted Answer

A court might consider a change of venue if there is concern about local prejudice, meaning that the jury or court members in the original location might be biased against one party or the other. Moving the trial to a different location can help ensure a fair trial without the influence of local prejudices.

Question 6

Every state court system is organized like the federal court system, per the U.S.Constitution.

Accepted Answer

While state court systems are influenced by the federal court system, they are not organized exactly like it. State court systems can vary in structure, jurisdiction, and processes from state to state.

Question 7

In which court do the opposing parties establish their positions through a presentation of the facts through the evidence?

Accepted Answer

Trial courts are where the opposing parties present their evidence and establish their positions through cross-examination and other tactics. Appellate courts, on the other hand, primarily review the decisions made by the trial court and do not generally receive new evidence. The Supreme Court only hears a small number of cases and primarily reviews issues related to constitutional or federal law. The Erie doctrine is a legal principle related to the application of state and federal law in cases where they conflict, and is not directly relevant to the question.

Question 8

Which branch(es) of government establishes the courts?

Accepted Answer

The legislative branch is responsible for establishing the courts through the enactment of laws creating and organizing the courts at the federal and state levels.

Question 9

In order to have a trial, there must be

Accepted Answer

To have a trial, there must be a factual dispute between the parties. Diversity of citizenship, a dispute regarding the law, and an amount in controversy in excess of $10,000 may be factors in determining jurisdiction, but they are not necessary for a trial to occur.

Question 10

In a jury trial

Accepted Answer

In a jury trial, the judge and jury share decision-making functions. The judge oversees the legal process, rules on the admissibility of evidence, and provides instructions on the law to the jury. The jury is responsible for determining the facts of the case and rendering a verdict based on those facts and the judge's instructions.

Question 11

A civil action initially filed in federal court can be removed by the defendant to an appropriate state court which has jurisdiction.

Accepted Answer

A civil action initially filed in federal court cannot be removed to state court; removal typically occurs in the opposite direction, where a case filed in state court is removed to federal court if it meets certain criteria, such as involving federal questions or diversity of citizenship.

Question 12

The Erie Doctrine defines how the federal and state courts interact.

Accepted Answer

The Erie Doctrine is a legal principle that governs the relationship between federal and state courts in the United States. It was named after the landmark case Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), in which the U.S. Supreme Court held that federal courts sitting in diversity must apply state substantive law. The Erie Doctrine has since been expanded to apply to other areas of federal law, such as federal common law and statutory interpretation.

Question 13

A trial can happen

Accepted Answer

A trial can happen before either a judge or a jury, depending on the type of case and the jurisdiction. Some cases may be heard by a judge alone, while others may require a jury to make a decision. Therefore, option C is the correct answer.

Question 14

Approximately 47 percent of filed cases are ultimately resolved by trials.

Accepted Answer

According to the National Center for State Courts, only about 5 percent of filed cases ever make it to trial, and the vast majority are resolved through settlement or other means.

Question 15

Land courts, housing courts, and environmental courts are courts of limited, original subject-matter jurisdiction.

Accepted Answer

Courts of limited, original subject-matter jurisdiction are courts that only hear cases within a specific area or subject matter. Land courts, housing courts, and environmental courts are examples of these types of specialized courts.

Question 16

In civil cases only the defendant may appeal to a higher court.

Accepted Answer

Both the plaintiff and defendant may appeal to a higher court in civil cases.

Question 17

The Court of Common Pleas, found in some states, represents our shared legal history with England.

Accepted Answer

The Court of Common Pleas is a historical legal institution found in some states, and it is a reminder of our shared legal history with England.

Question 18

Venue can be changed at any time during the trial process.

Accepted Answer

Venue typically is determined based on legal and jurisdictional guidelines before the trial begins, and changing it mid-trial is rare and usually only occurs under specific circumstances, such as ensuring a fair trial if pretrial publicity might influence the jury in the original venue.

Question 19

Under the Erie Doctrine, federal courts usually apply state procedural rules.

Accepted Answer

Under the Erie Doctrine, federal courts sitting in diversity jurisdiction must apply state substantive law but generally apply federal procedural law.

Question 20

The U.S.Supreme Court and the U.S.Courts of Appeals are specifically established by the U.S.Constitution.

Accepted Answer

The U.S. Supreme Court is the only court specifically established by the U.S. Constitution. The U.S. Courts of Appeals, however, were created by Congress under its authority to establish inferior courts, as outlined in Article III, Section 1 of the Constitution.

Quiz 4: The Judicial System