Question 1

An appellee is:
A)the party who lost at the trial court level
B)the party who won at the trial court level
C)the plaintiff at the trial court
D)the defendant at the trial court
E)the party who brings the appeal

Accepted Answer

The appellee is the party who won at the trial court level and is responding to the appeal brought by the losing party (the appellant). An appellee is the party who won at the trial court level and is now responding to the appeal brought by the appellant.

Question 2

Cases in the U.S.Courts of Appeals can come from:
A)federal administrative agencies that lost in a lower court
B)state supreme courts
C)the U.S.Supreme Court
D)the U.S.Court of Appeals for the Federal Circuit

Accepted Answer

Cases in the U.S. Courts of Appeals can come from federal administrative agencies that lost in a lower court, as these agencies may appeal decisions made against them.

Question 3

Which statement best describes post?conviction remedies?
A)the Burger Court expanded the grounds upon which they can be filed.
B)defendants on probation are the most likely to win
C)reform proposals primarily reflect concerns about judicial administration
D)they are most likely to be filed in capital punishment cases.

Accepted Answer

Reform proposals for post-conviction remedies often focus on concerns about judicial administration, such as efficiency and fairness in the legal process.

Question 4

Which statement best describes post?conviction remedies:
A)they may be filed only in federal court
B)they are limited to issues raised on appeal
C)they are limited to constitutional defects
D)they are limited to one filing
E)they may only be filed in the court which convicted the defendant

Accepted Answer

Post-conviction remedies are typically limited to addressing constitutional defects, such as violations of due process or ineffective assistance of counsel. They can be filed in state or federal court, and there may be multiple rounds of filings available. They are not limited to issues raised on appeal, and they can be filed in either the court which convicted the defendant or a higher court. Post-conviction remedies are typically aimed at addressing constitutional defects in a criminal conviction. While they can be filed in federal court, they may also be filed in state courts. Additionally, they are not limited to issues raised on appeal and can be raised multiple times as needed. Therefore, options A, B, D, and E are incorrect.

Question 5

Either the plaintiff or the defendant may appeal a decision to an appellate court in:
A)a criminal case
B)a civil case
C)both a and b
D)neither a or b

Accepted Answer

The answer of Either the plaintiff or the defendant may...

Question 6

If a case is affirmed, it:
A)means the case cannot be appealed to a higher court
B)is sent back to the court that heard the case
C)means the decision of a lower court was accepted by the appellate court
D)will result in a new trial for the defendant

Accepted Answer

When a case is affirmed, it means that the decision of a lower court was accepted by the appellate court. The case is not sent back to the court that heard it and there is no new trial for the defendant. It also does not mean that the case cannot be appealed to a higher court, as the losing party may still have the option to appeal. When a case is affirmed, it means that the appellate court has agreed with the decision made by the lower court and that decision stands. Therefore, a new trial (D) is not necessary, and the case cannot be appealed further to a higher court (A). The case also does not get sent back to the lower court (B) as the decision has been upheld.

Question 7

When an appellate court remands a case, it:
A)affirms the lower court's decision
B)reverses the lower court's decision
C)returns the case to the lower court
D)submits the case to a higher court
E)shifts the case to another appellate court

Accepted Answer

When an appellate court remands a case, it returns the case to the lower court for further proceedings, such as a retrial or additional evidence gathering. The appellate court may also provide instructions for the lower court to follow. This does not affirm or reverse the lower court's decision, but instead sends it back for further action. When an appellate court remands a case, it sends it back to the lower court for further action, such as a new trial or further proceedings, rather than affirming or reversing the lower court's decision.

Question 8

The writ of habeas corpus protects:
A)students who want to see their files
B)the right of association and petition
C)persons in confinement
D)criminal defendants whose trial is delayed
E)civil defendants whose case is delayed

Accepted Answer

The writ of habeas corpus is a legal action that allows a person who is being detained or imprisoned to challenge the legality and validity of their detention. It is used to protect the individual's freedom from unlawful detention or confinement. Therefore, it applies only to persons in confinement. The writ of habeas corpus is a legal action that protects individuals who are being held in custody or confinement. It requires that the person holding the individual in custody bring them before a judge or court to determine whether their detention is lawful. Therefore, option C is the correct answer.

Question 9

Which statement(s) best describe criminal appeals:
A)defendants often win on appeal
B)criminal appeals usually raise only routine issues
C)judges find criminal appeals more interesting than civil appeals
D)all of the above statements are true
E)a and c are true

Accepted Answer

A) This statement is false. Defendants do not often win on appeal, as the appellate court tends to defer to the lower court's judgment.

B) This statement is true. Criminal appeals usually raise only routine issues, such as the admissibility of evidence, trial errors, and sentencing issues.

C) This statement is false. While judges may find criminal appeals interesting, they do not necessarily find them more interesting than civil appeals.

D) This statement is false, as only statement B is true.

E) This statement is false, as only statement B is true. While it is not uncommon for defendants to win on appeal, it is not always the case. Criminal appeals can raise a variety of issues, including constitutional questions, and can be just as complex and interesting as civil appeals. There is no evidence to suggest that judges necessarily find criminal appeals more interesting than civil appeals. Therefore, only option B accurately describes criminal appeals.

Question 10

Faced with growing appellate caseload, the first response by courts was to:
A)eliminate oral argument
B)add additional courts
C)expand the clerk's office
D)write unpublished opinions

Accepted Answer

Adding additional courts is the most effective response to a growing appellate caseload as it allows for more judges to handle the caseload and can ensure cases are decided in a timely manner without sacrificing quality. Eliminating oral argument, expanding the clerk's office, and writing unpublished opinions may provide some relief, but they do not address the root cause of the problem and may negatively impact the quality and fairness of the appellate process. Adding additional courts is the most logical and effective way to address a growing appellate caseload. Eliminating oral argument or writing unpublished opinions limits the appellate process and may not provide fair and comprehensive reviews of cases. Expanding the clerk's office may help with administrative tasks, but ultimately it will not help address the core issue of a backlog of cases.

Question 11

The U.S.Constitution's Fifth Amendment prohibition of double jeopardy means:
A)every party has the right to a jury trial
B)the losing party has the right to one appeal
C)a prosecutor cannot appeal a verdict of not guilty
D)a defendant is innocent until proven guilty
E)defendants have a right to counsel

Accepted Answer

The Fifth Amendment's prohibition of double jeopardy specifically means that a prosecutor cannot appeal a verdict of not guilty. The other choices relate to other parts of the Constitution or criminal justice process, but do not specifically relate to double jeopardy. The Fifth Amendment's prohibition of double jeopardy means that a prosecutor cannot appeal a verdict of not guilty. Double jeopardy prevents a defendant from being tried again for the same offense after he or she has already been acquitted.

Question 12

Which of the following statement(s) is NOT true about the American appellate process?
A)judges can ask questions during oral argument
B)lawyers may introduce new evidence
C)decisions are made by a group of judges
D)there are limits on when a case can be appealed.

Accepted Answer

Lawyers may not introduce new evidence in the appellate process. They are instead limited to arguing the facts and evidence that were presented in the original trial court case. Lawyers may not introduce new evidence during appellate proceedings. Appellate courts only review the evidence and arguments presented in the original trial court.

Question 13

Which statement best describes the appellate court process?
A)only questions of law may be appealed
B)trial court findings of fact are subject to scrutiny
C)if the record is unclear, witnesses may be called
D)single judges typically make the decision

Accepted Answer

Appellate courts only review questions of law and do not retry the case or consider new evidence. They review the trial court's decision to make sure it was legally correct. Therefore, choice A is the most accurate statement about the appellate court process. The appellate court process involves determining whether there were errors of law made in the trial court. The appellate court will not retry the case or hear new evidence, only review the legal decisions made in the trial court.

Question 14

Protecting a person from being prosecuted a second time after he or she has been found innocent is termed:
A)double jeopardy
B)ex post facto
C)right to one appeal
D)exclusionary rule
E)fourth amendment right

Accepted Answer

Double jeopardy is a protection against being tried twice for the same crime, after an individual has already been found innocent. It is a constitutional right guaranteed by the Fifth Amendment. Double jeopardy is the legal principle that prevents an accused person from being prosecuted more than once for the same offense after being acquitted. This means that if a person has been found innocent in a trial, they cannot be tried again for the same crime.

Question 15

Efforts to improve the efficiency of appellate courts have included all of the following, EXCEPT:
A)eliminating oral argument
B)issuing summary affirmations
C)issuing unpublished opinions
D)eliminating dissenting opinions

Accepted Answer

Efforts to improve the efficiency of appellate courts have included eliminating oral argument, issuing summary affirmations, and issuing unpublished opinions. However, eliminating dissenting opinions is not a common practice aimed at improving efficiency, as dissenting opinions are an important part of the judicial process, providing transparency and a record of differing views.

Question 16

Which statement(s) best describe appellate courts?
A)appellate courts operate the same as trial courts.
B)appellate courts provide for error correction.
C)appellate courts engage in policy formulation.
D)a, b, and c are all correct
E)b and c are both correct

Accepted Answer

Appellate courts do not operate the same as trial courts, as they do not have juries or witnesses. The main function of appellate courts is to provide for error correction, ensuring that lower courts have followed the law correctly. Additionally, in some cases appellate courts can engage in policy formulation, particularly in cases with broad implications. Therefore, option E is correct as it states that only B and C are correct statements. Appellate courts primarily provide for error correction through reviewing decisions made by lower courts. However, they may also engage in policy formulation by setting legal precedent through their decisions. They do not operate the same as trial courts as their role is to review decisions already made rather than hear new evidence and make decisions.

Question 17

Appellate court proceedings may include:
A)jurors
B)witnesses
C)cross examination
D)oral argument

Accepted Answer

Appellate court proceedings do not involve jurors or witnesses as they are focused on reviewing the decisions of lower courts. However, appellate court proceedings do involve oral argument where attorneys from each side present their case and answer questions from the judges. Cross examination may occur during trials in lower courts but not during appellate court proceedings.

Question 18

Which of the following is NOT one of the common steps in appellate procedure:
A)writing and filing briefs
B)selecting jurors
C)presenting oral argument
D)writing an opinion

Accepted Answer

Selecting jurors is not a step in appellate procedure. Appellate courts review decisions made by lower courts, but do not conduct trials or select juries. The other options (writing and filing briefs, presenting oral argument, and writing an opinion) are all common steps in the appellate procedure. Selecting jurors is a step in trial procedure, not appellate procedure. The common steps in appellate procedure include writing and filing briefs, presenting oral argument, and writing an opinion.

Question 19

An appeals court can:
A)hold trials in certain cases
B)affirm the judgment of a lower court
C)reverse the judgment of a lower court
D)b and c are both correct
E)a, b, and c are all correct

Accepted Answer

An appeals court has the power to affirm or approve the judgment of a lower court, or to reverse or change that judgment. The appeals court does not hold trials, but only reviews the decision or verdict of the lower court. Therefore, both B and C are correct choices. A is incorrect because appeals courts do not hold trials, but instead review the decisions made in lower courts. E is incorrect because A is not correct, but the other choices (B and C) are correct. An appeals court can affirm the judgment of a lower court if it finds that the lower court made the correct decision. Conversely, it can also reverse the judgment of a lower court if it finds that the lower court made the incorrect decision. However, an appeals court does not hold trials in certain cases as that is the job of the trial court.

Question 20

Compared to case filings in trial courts, filings in appellate courts have:
A)increased at the same rate
B)increased at a much faster rate
C)actually declined
D)there is no pattern.

Accepted Answer

Filings in appellate courts have increased at a much faster rate compared to case filings in trial courts. This is due to a variety of factors, including increased complexity of legal issues and greater awareness of the potential for appeals. Filings in appellate courts have increased at a much faster rate than in trial courts. This is due to factors such as the increase in the number of trial court judges and the creation of new types of claims that can be appealed.

Quiz 13: The Appellate Process

An appellee is:

Cases in the U.S.Courts of Appeals can come from:

Which statement best describes post?conviction remedies?

Which statement best describes post?conviction remedies:

Either the plaintiff or the defendant may appeal a decision to an appellate court in:

If a case is affirmed, it:

When an appellate court remands a case, it:

The writ of habeas corpus protects:

Which statement(s) best describe criminal appeals:

Faced with growing appellate caseload, the first response by courts was to:

The U.S.Constitution's Fifth Amendment prohibition of double jeopardy means:

Which of the following statement(s) is NOT true about the American appellate process?

Which statement best describes the appellate court process?

Protecting a person from being prosecuted a second time after he or she has been found innocent is termed:

Efforts to improve the efficiency of appellate courts have included all of the following, EXCEPT:

Which statement(s) best describe appellate courts?

Appellate court proceedings may include:

Which of the following is NOT one of the common steps in appellate procedure:

An appeals court can:

Compared to case filings in trial courts, filings in appellate courts have: