Deck 2: The Court Systems

Question 1

When a federal judge is impeached from office, the trial is heard by the Supreme Court, unless a Supreme Court judge is involved.

Answer 1

False

Question 2

The Constitution created the U.S. Supreme Court and authorized it to establish lower courts as needed.

Answer 2

False

Question 3

If a judge shows personal bias toward a party in a case, the judge may not be sued for the bias.

Answer 3

True

Question 4

All state supreme court judges are elected.

Question 5

Several times over the years, Congress has punished federal courts for decisions Congress did not like by cutting the salary of judges.

Question 6

If a judge makes a clearly incorrect decision in a case (called "gross error of law") he or she may be liable for the damages caused.

Question 7

There are twelve geographically based U.S. courts of appeals.

Question 8

Every state has one federal district court judge, for a total of 50 in the U.S.

Question 9

In some states, judges are elected in partisan (party) elections.

Question 10

Judges are protected from damages caused by bad decisions they make on the bench by judicial immunity.

Question 11

Juries are used in state courts, but not in federal court.

Question 12

With the exception of the U.S. Supreme Court, Congress has the power to abolish and create federal courts.

Question 13

By definition, the only court of "original jurisdiction" in the U.S. is the U.S. Supreme Court.

Question 14

Federal judges are nominated by the President and confirmed by the Senate.

Question 15

In some states, judges are appointed by the governor.

Question 16

In the history of the United States, over 200 judges have been removed from the office of federal judge.

Question 17

The only federal courts in which a jury is used are the courts of appeals.

Question 18

State judges, unlike federal judges, are generally not appointed for life.

Question 19

Federal judges can retire at age 70 but then keep working as a judge.

Question 20

Trial courts at both the federal and state level are called courts of original jurisdiction.

Question 21

The Court of Appeals for the Federal Circuit specializes in cases involving securities law and claims against the U.S. government.

Question 22

The highest court in France, the cour de cessation, in general has much more power than does the U.S. Supreme Court.

Question 23

Because it is an appellate court, the U.S. Supreme Court has no original jurisdiction.

Question 24

Appeals of decisions of regulatory agencies must go to the federal district court in the District of Columbia.

Question 25

A specialized court in the federal court system is the Court of Appeals for the Federal Circuit.

Question 26

A writ of certiorari directs a lower court to send up the record of a case for review by the Supreme Court.

Question 27

In some matters, such as a dispute between two state governments, the U.S. Supreme Court has original and exclusive jurisdiction.

Question 28

There is no right of appeal in a criminal case lost by the government at the district court trial.

Question 29

In most federal court of appeals cases, three judges hear the appeals.

Question 30

The federal government does not have the right to appeal involving a court judgment in a civil case.

Question 31

The U.S. Supreme Court must accept appeals from state supreme courts when there is a conflict of laws between two or more states.

Question 32

Nearly all appeals to the Supreme Court are accepted at its discretion.

Question 33

State courts, in contrast to federal courts, are known as court of limited jurisdiction.

Question 34

In most years, the Supreme Court hears and decides about 20 cases.

Question 35

Four justices must agree to hear an appeal to the Supreme Court for it to be placed on the Court docket.

Question 36

Most federal court of appeals cases are reviewed by the Supreme Court.

Question 37

There is a right of appeal of all lower court decisions to either the U.S. or a state supreme court.

Question 38

Any one member of the Supreme Court can accept a case for the Court to hear.

Question 39

A writ of mandamus directs a lower court to send up the record of a case for review by the Supreme Court.

Question 40

The Court of Appeals for the Federal Circuit has national jurisdiction.

Question 41

Small claims courts in all states may not hear cases involving amounts in dispute over $1,000.

Question 42

At the state level, there is always a right of review up to the supreme court level.

Question 43

In the federal and state systems, the only courts with general jurisdiction are the U.S. and state supreme courts.

Question 44

The Federal Rules of Civil Procedure are used in many state court systems to set procedure in state courts.

Question 45

The Federal Rules of Civil Procedure were adopted by Congress in 1984 in an effort to reform the federal judiciary, which had become outdated in procedures.

Question 46

All courts have general jurisdiction.

Question 47

Jurisdiction means the "power to speak of the law" by a court.

Question 48

Courts of general jurisdiction are appellate courts with authority to hear all appeals from lower, more specialized, courts.

Question 49

It is the responsibility of the plaintiff to determine the proper court in which to file a legal action.

Question 50

The American court system contains two interrelated systems of courts: the English-style, private law courts and the federal, public law courts.

Question 51

Jurisdiction means the "authority of government" by a court.

Question 52

By constitutional rules of fairness, there may be no dollar limit, upper or lower, set on the value of cases that must be heard by trial courts.

Question 53

Only state court systems, not the federal court system, have courts of original jurisdiction.

Question 54

A decision of a state's highest court may be appealed to the U.S. Supreme Court.

Question 55

State law may limit the right of citizens to bring certain cases to certain courts for resolution.

Question 56

The plaintiff is the party who initiates a lawsuit.

Question 57

Like the federal court system, state courts have a system of appellate courts and courts of original jurisdiction.

Question 58

State court systems are all, by constitutional law, like the federal system, with trial courts, courts of appeal, and a supreme court.

Question 59

The Constitution requires each state court system to have appeals courts and a supreme court.

Question 60

One advantage of small claims courts is that they are less formal than regular courts.

Question 61

A court has jurisdiction over a business defendant if the business has a web site that can be accessed in the state in which suit was filed.

Question 62

Diversity of citizenship in federal courts refers only to cases where one party is a U.S. citizen and the other party to the case is a citizen of another country.

Question 63

Cases concerning the application of the U.S. Constitution are federal questions within the power of the federal courts.

Question 64

The area over which a court has the power to hear cases is called territorial jurisdiction.

Question 65

Diversity of citizenship is a basis for allowing federal jurisdiction when a legal dispute arises between citizens of different states.

Question 66

A long-arm statute is a state law that allows state courts to reach beyond the state to obtain jurisdiction over non-residents.

Question 67

In general, constructive notice to a defendant, such a publication in the newspaper, is not sufficient notification.

Question 68

A court's jurisdictional authority is generally limited to the boundaries of the state in which it is located.

Question 69

The power of a court over a defendant is called in personam jurisdiction.

Question 70

State long-arm statutes may be used to obtain jurisdiction over any corporation regardless of how much business it does in a state.

Question 71

If a defendant fails to appear in court after receiving a summons, the court will order that a default judgment be entered against that defendant.

Question 72

A default judgment is entered against a defendant who fails to present a "legally sufficient defense" to the court.

Question 73

To get a case into federal court which involves parties from different states, the claim must involve more than $5,000.

Question 74

Service of process is usually by newspaper publication.

Question 75

A court can exercise jurisdiction over a corporate defendant if the court is located in the state in which the corporation is incorporated.

Question 76

The plaintiff notifies the defendant of a legal action against him by a conflict-of law declaration.

Question 77

For a court to have in personam jurisdiction over the defendant to a suit, the defendant must agree to allow the court to resolve the matter in dispute.

Question 78

A plaintiff who wants to bring a lawsuit must go to a court that has subject matter jurisdiction and jurisdiction over the defendant.

Question 79

Subject-matter jurisdiction is a constitutional or statutory limitation on the disputes a court can resolve.

Question 80

Federal courts have limited jurisdiction and are empowered to hear only those cases within the judicial power of the United States.