Deck 9: Appeals

Question 1

A litigant appealing the decision of a lower court is referred to as the:

A)appellee
B)respondent
C)appellant
D)complainer

Answer 1

C

Question 2

In the U.S. courts of appeal, who usually makes the opinion assignment?

A)Most senior judge on the panel.
B)Most senior judge on the circuit.
C)The Chief Judge on the basis of recommendations from the presiding judge of each panel on which the Chief Judge did not sit.
D)Rotating basis

Answer 2

A

Question 3

In their research on search and seizure cases decided by state courts of last resort, Comparato and McClurg concluded Supreme Court precedents do influence the behavior of state supreme courts. This finding supports which model of judicial decision-making?

A)legal model
B)attitudinal model
C)strategic model
D)all of the above

Answer 3

A

Question 4

The model of judicial decision-making that holds that Supreme Court justices decide disputes in light of the facts of the case juxtaposed with the ideological preferences and values of the justices is called the:

A)legal model
B)attitudinal model
C)strategic model
D)panel effects model

Question 5

The largest proportion of appeals originating in the U.S. district courts are _____________.

A)private civil appeals
B)bankruptcy appeals
C)civil prisoner petitions
D)sentencing appeals

Question 6

The reality of the appeals process is that appellants are often unlikely to pursue an appeal due to which obstacle?

A)the cost of an appeal
B)the lack of attorneys that specialize in appellate work
C)family obligations
D)trial court judges refusing to allow an appeal to be filed in a cases they decided

Question 7

A judicial opinion that agrees with the majority outcome but for different reasons than those articulated by the majority is known as a:

A)dissenting opinion
B)regular concurrence
C)slip opinion
D)special concurrence

Question 8

When an appellate court dismisses a case with prejudice it means that

A)the court has terminated the appeal but the appellant may file again
B)the court has terminated the appeal and the appellant is barred from appealing the same case again in the future
C)the court has terminated the appeal as a violation of the Double Jeopardy Clause
D)the court has terminated the appeal because the trial court jury was prejudiced against the losing party

Question 9

A legal brief that focuses almost entirely on medical, psychological, and sociological evidence to support an argument is best known as a:

A)amicus curiae brief
B)Rule 37 brief
C)Brandeis brief
D)judicial Watch brief

Question 10

In the article entitled "Who Wins on Appeal? Upperdogs and Underdogs in the United States Courts of Appeals, which appellant had the highest success rate?

A)Big business
B)Federal government
C)State government
D)Underdog individuals