Lesson 5

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Which of the following is/are part of the federal court system?

District Courts
Courts of Appeals
the Supreme Court
all of these

all of these

The Supreme Court is composed of

nine justices.
seven justices.
five justices.
eleven justices and a clerk.

nine justices.

Written summaries of legal precedents and arguments filed with the Supreme Court are called

briefs.
original jurisdiction.
transcripts.
writ of certiorari.

briefs.

In most federal cases original jurisdiction is held by

the Court of Military Appeals.
courts of appeals.
district courts.
the Supreme Court.

district courts.

Supreme Court justices are appointed to serve on the court for

life until they retire, resign, are impeached, or die.
a term of six years.
a term of eight years.
a term of four years.

life until they retire, resign, are impeached, or die.

Which of the following is not true of federal courts of appeals?

Courts of Appeals agree to hear cases based on possible improper courtroom procedures.
Courts of Appeals agree to hear cases based on possible incorrect application of the law.
Courts of Appeals agree to hear cases based on the evidence presented at the original trial.
Decisions made by courts of appeals are usually final since few cases move on to the Supreme Court.

Courts of Appeals agree to hear cases based on the evidence presented at the original trial.

Which of the following is true of the Supreme Court?

Supreme Court decisions are made in public.
The vice president presides over the Supreme Court.
The Supreme Court hears all cases appealed to it.
Supreme Court justices are appointed by the president and confirmed by the Senate.

Supreme Court justices are appointed by the president and confirmed by the Senate.

Which of the following is not true?

The Supreme Court may assume the original jurisdiction of any federal or state case it wishes.
Congress has the power to vary the number of Supreme Court justices.
Tax court serves as the court of last appeal in non-criminal tax cases.
A Supreme Court justice may issue a minority or dissenting opinion if he or she doesn’t agree with the majority.

The Supreme Court may assume the original jurisdiction of any federal or state case it wishes.

Besides district courts, courts of appeals, and the Supreme Court, the federal court system includes

the U.S. Claims Courts.
territorial courts.
the Court of Military Appeals.
all of these.

all of these.

Suppose the federal government acquires property for public use but the former owner feels he has not been paid a fair price. To which federal court could he take his case?

tax court
territorial court
claims court
any of the above

claims court

Unwritten law developed from customs, usage, and precedents are called

statutory law.
common law.
laws of equity.
all of these.

common law.

Injunctions are associated with

statutory law.
common law.
laws of equity.
all of these.

laws of equity.

Which of the following is a minor state court?

justice of the peace court
small claims court
juvenile court
domestic relations court
all of these

all of these

A fourteen-year-old caught shoplifting would be referred to a

probate court.
juvenile court.
small claims court.
domestic relations court.

juvenile court.

A case centered around a contested will would be decided by a(n)

probate court.
appellate court.
small claims court.
domestic relations court.

probate court.

The final appeal of a nonfederal, state case would be heard by the

state circuit court.
state superior court.
state supreme court.
state court of appeals.

state supreme court

A case involving a traffic violation in a small town would be heard by a

civil court.
probate court.
justice of the peace court.
small claims court.

justice of the peace court.

A jury is not necessary for many cases heard before a

justice of the peace court.
small claims court.
juvenile court.
domestic relations court.
all of the above

all of the above

A disagreement between neighbors over a property line in a large city would be heard by a

municipal civil court.
justice of the peace court.
domestic relations court.
municipal probate court.

municipal civil court.

State-level general trial courts are often called

superior courts.
circuit courts.
district courts.
any of the above.

any of the above.

A first appeal at the state level would generally be heard by a

state court of appeals.
state supreme court.
municipal court.
probate court.

state court of appeals.

The jurisdiction that allows a court to hear a case for the first time is called

original jurisdiction.
appellate jurisdiction.
concurrent jurisdiction.
exclusive jurisdiction.

original jurisdiction.

The jurisdiction that allows a certain type of court to hear only one category or type of case is called

original jurisdiction.
concurrent jurisdiction.
exclusive jurisdiction.
appellate jurisdiction.

exclusive jurisdiction.

The jurisdiction which allows a court to hear cases that have been appealed is called

concurrent jurisdiction.
exclusive jurisdiction.
original jurisdiction.
appellate jurisdiction.

appellate jurisdiction.

The jurisdiction in which two or more courts are authorized to hear the same case is called

appellate jurisdiction.
exclusive jurisdiction.
original jurisdiction.
concurrent jurisdiction.

concurrent jurisdiction.

Which of the following is a matter of federal jurisdiction?

cases of admiralty and maritime law
cases involving the government of the United States
cases involving a state and a citizen of another state
all of these

all of these

Which of the following is an example of a felony?

Mrs. W files for divorce.
Mr. X shoots and kills Mr. Y.
Mrs. Z receives a speeding ticket.
all of these

Mr. X shoots and kills Mr. Y.

Which of the following is an example of a misdemeanor?

Mr. A is arrested for public intoxication.
Mrs. B burns down an abandoned building.
Mr. C uses a gun to hold up a bank.
all of these

Mr. A is arrested for public intoxication.

Which of the following is a civil case?

Mr. L steals a cassette from the stereo shop.
Mrs. M poisons the neighborhood dogs.
Mrs. D sues Mr. E, claiming that negligent auto repair resulted in personal injury.
all of these

Mrs. D sues Mr. E, claiming that negligent auto repair resulted in personal injury.

Which of the following is an enforcement power of the courts which insures that a judge’s orders will be obeyed?

habeas corpus
warrants
judicial review
contempt of court

contempt of court

A legal order issued by a court that forbids a certain action or causes a specific action to be taken is called a(n)

habeas corpus.
contempt of court.
injunction.
warrant.

injunction.

Which of the following is not a court power which acts as a "check" on the power of the other branches of government?

contempt of court
habeas corpus
judicial review
writ of mandamus

contempt of court

All state court judges are elected.

true
false

false

Federal court judges are all appointed by the president and confirmed by the Senate.

true
false

true

No qualifications for federal judges are mentioned by the Constitution.

true
false

true

The typical term of office for state judges is ten years.

true
false

false

Most judges make more money on the bench than they could in private law practice.

true
false

false

Judges generally carry heavy caseloads.

true
false

true

Federal judges serve until they resign, retire, die, or are impeached.

true
false

true

The trial jury which hears evidence and reaches a verdict is called a

petit jury.
grand jury.
hung jury.
any of the above

petit jury.

The jury which investigates and decides whether the accused should be brought to trial is called a

petit jury.
grand jury.
hung jury.
any of the above

grand jury.

Which of the following is sometimes a problem in the jury selection process?

The courts exempt some groups of people from jury service.
Where voter rolls are used to select jurors those who never vote never share the responsibility of jury duty.
Minority groups are not always represented on juries.
All of these are problems.

All of these are problems.

Which of the following is a proposed jury reform?

replace juries with panels of professional judges
reduce jury size
no long require unanimous verdicts
all are proposed reforms

all are proposed reforms

A court document that orders a witness to appear in court is called a(n)

arrest warrant.
subpoena.
writ of habeas corpus
injunction.

subpoena.

A court order to arrest a suspect is called a(n)

subpoena.
warrant.
indictment.
arraignment.

warrant.

The attorney or attorneys who represent the state against the accused during a trial are called the

defendant.
plaintiff.
defense.
prosecution.

prosecution.

A formal accusation against a suspect that summarizes the state’s case against him or her is called a(n)

warrant.
injunction.
indictment.
brief.

indictment.

The sum of money or property posted with the court as security to back up a promise by the accused that he or she will appear for his or her court date if set free in the meantime is called

an appeal.
a warrant.
bail.
docket.

bail.

The decision of a jury at the end of a trial is called a(n)

brief.
indictment.
acquittal.
verdict.

verdict.

At the beginning of a trial, the defendant enters his or her plea before the court. This process is called

plea bargaining.
arraignment.
sentencing.
summation.

arraignment.

A sequestered jury is one that

is locked up in hotel rooms while not in court in order to prevent outside influence.
is directed by the judge to return a specific verdict because of overwhelming evidence.
determines the dollar amounts to be awarded in a civil case.
is unable to reach a verdict.

is locked up in hotel rooms while not in court in order to prevent outside influence.

The agreement between the defense and the prosecution in which the defendant agrees to enter a guilty plea on a lesser charge rather than go through a costly trial is called

summation.
plea bargaining.
preliminary hearing.
stare decisis.

plea bargaining.

A witness who lies while under oath is guilty of

mistrial.
perjury.
contempt.
stare decisis.

perjury.

The court calendar of cases is called the

brief.
docket.
writ of mandamus.
precedent.

docket.

The final speech made by each attorney after both sides of the case have been presented is called a

plea.
summation.
transcript.
brief.

summation.

Prospective jurors are often excused from jury duty because of employment.

true
false

false

Individuals who send in their jury qualification form are guaranteed they will serve on a jury.

true
false

false

The backlog of court cases in some parts of the country is due mostly to a huge increase in the number of private civil cases being filed.

true
false

true

Mediation and arbitration of civil court cases are called ADR.

true
false

true

Small claims courts avoid the use of lawyers and juries.

true
false

true

Which of the following cases could not be handled by the Supreme Court?

A high-level diplomat attached to a foreign embassy commits a serious felony.
A disagreement between states over water rights along a common river results in legal action.
A writ of certiorari is presented.
An appeal is filed regarding the interpretation of a state law.

An appeal is filed regarding the interpretation of a state law.

A case involving armed robbery would likely be tried by a

justice of the peace court.
municipal court.
general trial court.
state supreme court.

general trial court.

Assume Ms. Y buys a television at the local electronics store but later refuses to pay the balance owed. This would be considered a

misdemeanor.
felony.
all the above
civil case.

civil case.

Reducing the size of juries would likely

speed up jury deliberations.
slow down jury deliberations.
make no difference the speed or outcome of trials.
increase the chances of a "hung" jury.

speed up jury deliberations.

During the arrest and trial process which of the following would occur last?

A warrant is issued.
Bail is set.
Jurors are chosen.
A preliminary hearing is held.

Jurors are chosen.

During the arrest and trial process, which of the following would occur first?

The prosecution presents its case.
The defense presents its case.
The suspect is indicted by a grand jury.
The suspect is arraigned.

The suspect is indicted by a grand jury.

A sequestered jury is one that

is locked up in hotel rooms while not in court in order to prevent outside influence.
is directed by the judge to return a specific verdict because of overwhelming evidence.
determines the dollar amounts to be awarded in a civil case.
is unable to reach a verdict.

is locked up in hotel rooms while not in court in order to prevent outside influence.

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