Deck 2: The Court Systems

Question 1

The ______________ guarantees federal judges the right to serve "during good behavior."

A)Bill of Rights
B)Supreme Court
C)President
D)Constitution
E)judicial system

Answer 1

D

Question 2

The U.S.Constitution provides that the judicial power (the court system)is:

A)determined by the Congress establishing such courts as it deems necessary
B)determined by the President with the advice and consent of the Senate
C)in one Supreme Court and in lower courts as the Supreme Court may establish
D)in one Supreme Court and in lower courts as the President may establish
E)none of the other choices are correct

Answer 2

E

Question 3

State judges can be:

A)elected
B)appointed
C)chosen by a method that mixes the election and appointment processes
D)all of the other specific choices can be correct
E)none of the other specific choices are correct

Answer 3

D

Question 4

Federal judges may be impeached for:

A)bribery
B)marital infidelity
C)inconsistency
D)refusal to say the Pledge of Allegiance
E)none of the other choices are correct

Question 5

The first thing a business with a civil dispute going to litigation must determine is:

A)which court has the power and authority to decide the case
B)the lowest settlement it is willing to take
C)how the press will view the case
D)how the case will affect profit margins
E)none of the other choices are correct

Question 6

If a federal judge is impeached from office:

A)they keep their salary for life
B)they are tried by the President
C)they are tried by the House
D)the President removes them from office
E)none of the other choices are correct

Question 7

Federal judges may be impeached for:

A)treason
B)marital infidelity
C)inconsistency
D)refusal to say the Pledge of Allegiance
E)none of the other choices are correct

Question 8

The Missouri System for choosing state judges:

A)is an example of a system that mixes the election and appointment processes
B)is an example of a system that uses the election process
C)is an example of a system that uses the appointment process
D)is an example of a system that does not work
E)is an example of an internationally accepted system

Question 9

The U.S.Constitution provides that the judicial power (the court system)is:

A)determined by the Congress establishing such courts as it deems necessary
B)determined by the President with the advice and consent of the Senate
C)in one Supreme Court and in lower courts as the Supreme Court may establish
D)in one Supreme Court and in lower courts as Congress may establish
E)none of the other choices are correct

Question 10

State judges:

A)are elected in non-partisan (no party affiliation)in some states
B)are elected in partisan (party)elections in some states
C)are appointed by the governor in some states
D)are selected by the legislature in some states
E)all of the other choices are correct

Question 11

Federal judges are appointed for:

A)a term of four years
B)life
C)a term of ten years
D)a term of fourteen years
E)none of the above

Question 12

If a federal judge is impeached from office:

A)they keep their salary for life
B)they are tried by the Senate
C)they are tried by the House
D)the President removes them from office
E)none of the above;they may not be impeached

Question 13

Which of the following are part of the federal court system:

A)U.S.district courts
B)U.S.courts of appeals
C)U.S.Supreme Court
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 14

Federal judges are nominated by:

A)the Congress
B)the Senate
C)the state legislatures
D)the President
E)the House of Representatives

Question 15

The federal court system is a _____________ system:

A)executive
B)single level
C)two-level
D)three-level
E)four-level

Question 16

Federal judges may be impeached for:

A)making politically incorrect statements
B)marital infidelity
C)inconsistency
D)refusal to say the Pledge of Allegiance
E)none of the other choices are correct

Question 17

The federal court system is a _____________ system:

A)one-level
B)executive
C)legislative
D)three-level
E)four-level

Question 18

The Supreme Court was created:

A)by the Constitution
B)by the Declaration of Independence
C)by England when the U.S.was a colony;it was retained when the nation was formed
D)by the Bill of Rights
E)by Congress in 1832

Question 19

The Supreme Court was created:

A)by the President
B)by the Declaration of Independence
C)by England when the U.S.was a colony;it was retained when the nation was formed
D)by the Bill of Rights
E)none of the other choices are correct

Question 20

Federal judges are appointed for a term of:

A)four years
B)seven years
C)ten years
D)fourteen years
E)none of the above

Question 21

The doctrine of judicial immunity protects judges' ability to:

A)respond to public opinion
B)be independent decision makers
C)work from home
D)be influenced by political parties
E)none of the other choices are correct

Question 22

The doctrine of judicial immunity means judges may:

A)commit crimes and not be punished
B)act as diplomats for the U.S.
C)be sued in their capacity as judges only if they exhibit "clear bias" toward one party in a case they hear
D)be sued for negligent application of the law
E)not be sued for damages that result from their judicial acts

Question 23

Both state and federal court systems have courts of ________________,where the decisions of a lower court case can be taken for review.

A)original judgment
B)appellate judgment
C)original jurisdiction
D)appellate jurisdiction
E)final jurisdiction

Question 24

Unlike federal judges,most state judges:

A)serve for life
B)cannot be impeached
C)can only be impeached for criminal offenses
D)serve for a fixed term
E)cannot be married

Question 25

Both state and federal court systems have courts of ________________,where the decisions of a lower court case can be taken for review.

A)original judgment
B)appellate judgment
C)original jurisdiction
D)final jurisdiction
E)none of the other choices are correct

Question 26

Unlike federal judges,most state judges:

A)serve for life
B)cannot be impeached
C)can only be impeached for criminal offenses
D)cannot be married
E)none of the other choices are correct

Question 27

Besides judges,the doctrine of judicial immunity also applies to:

A)the plaintiff
B)parties who perform services that are related to the performance of judicial functions
C)the defendant
D)parties who have vested interests in the case
E)none of the other choices are correct

Question 28

In Davis v.West,where Davis sued the receiver who was appointed to collect the money she owed Houston Reporting Service (HRS),the appeals court held that the receiver was:

A)not guilty of abuse of process because he was protected by diplomatic immunity
B)not guilty of abuse of process because he was protected by derived judicial immunity
C)not guilty of abuse of process because he was protected by reasonable immunity
D)not guilty of abuse of process because he was a member of the state legislature
E)none of the other choices are correct

Question 29

Rhode Island is unique in that it allows its state judges to:

A)be married
B)speak out against the President
C)serve for life
D)serve for more than 5 years
E)be reelected twice

Question 30

In the Missouri System for choosing state judges:

A)the state bar association has a committee to recommend candidates for the bench
B)the Supreme Court recommends candidates for the bench
C)the Missouri Legislature recommends candidates for the bench
D)the Kansas Legislature recommends candidates for the bench
E)the general public recommends candidates for the bench through the voting process

Question 31

In Davis v.West,where Davis sued the receiver who was appointed to collect the money she owed Houston Reporting Service (HRS),the appeals court held that:

A)Davis did not have a case because the receiver was protected by derived judicial immunity
B)Davis did not have a case because the receiver was protected by diplomatic immunity
C)Davis did not have a case because the receiver was a judge
D)Davis did not have a case because the receiver was not court appointed
E)Davis had a case because the receiver was not protected by derived judicial immunity

Question 32

The doctrine of judicial immunity means judges may:

A)commit crimes and not be punished
B)act as diplomats for the U.S.
C)be sued in their capacity as judges only if they exhibit "clear bias" toward one party in a case they hear
D)be sued for negligent application of the law
E)none of the other choices are correct

Question 33

In the Missouri System for choosing state judges:

A)a judge appointed by the governor serves until the next election at which point the public votes for or against him
B)a judge is appointed by the general public
C)a judge appointed by the state legislature serves until the next election at which point the public votes for or against him
D)a judge is appointed by the judge who previously held the position
E)the senators from Missouri appoint a judge

Question 34

The doctrine that protects judges from suits for damages for judicial acts is called:

A)the doctrine of judicial worth
B)the doctrine of judicial privilege
C)the doctrine of judicial knowledge
D)the doctrine of judicial cause
E)none of the other choices is correct

Question 35

Original jurisdiction means power to:

A)revise or correct proceedings by a lower court
B)remove a lawsuit from a court to arbitration
C)appoint special prosecutors to investigate a case of alleged abuse
D)legally create disputes
E)none of the other choices are correct

Question 36

Both state and federal court systems have lower courts of ____________,where disputes are first brought and tried.

A)appellate judgment
B)appellate jurisdiction
C)original jurisdiction
D)final jurisdiction
E)original crime

Question 37

The doctrine that protects judges from suits for damages for judicial acts is called:

A)the doctrine of judicial worth
B)the doctrine of judicial privilege
C)the doctrine of judicial knowledge
D)the doctrine of judicial immunity
E)the doctrine of judicial cause

Question 38

Both state and federal court systems have lower courts of ____________,where disputes are first brought and tried.

A)appellate judgment
B)appellate jurisdiction
C)initial jurisdiction
D)final jurisdiction
E)none of the other choices are correct

Question 39

In Davis v.West,where Davis sued the receiver who was appointed to collect the money she owed Houston Reporting Service (HRS),Radoff,the court appointed receiver,was protected from Davis's suit for abuse of process by:

A)derived diplomatic immunity
B)derived judicial immunity
C)derived legislative immunity
D)derived service immunity
E)derived receiver immunity

Question 40

Original jurisdiction means power to:

A)revise or correct proceedings by a lower court
B)accept a lawsuit,try it,and pass judgment
C)remove a lawsuit from a court to arbitration
D)appoint special prosecutors to investigate a case of alleged abuse
E)legally create disputes

Question 41

Most federal judges are:

A)appointed by the House of Representatives
B)elected by senators
C)elected in general elections
D)appointed by the Vice President
E)none of the other choices are correct

Question 42

There is (are)_______ judge(s)presiding in a court of original jurisdiction.

A)five
B)nine
C)three
D)more than three
E)none of the other choices are correct

Question 43

Most cases involving questions of federal law originate in:

A)the U.S.superior courts
B)the U.S.claims courts
C)the U.S.district courts
D)the state district courts
E)the state municipal courts

Question 44

U.S.district courts:

A)are not found in each state
B)do not use juries
C)are the trial courts of the federal system
D)have five-judge panels for exceptional situations
E)all of the other choices are true

Question 45

Most federal judges must be both appointed by the President and:

A)confirmed by the Senate
B)confirmed by the House of Representatives
C)confirmed by the Vice President
D)confirmed by the Speaker of the House
E)none of the other choices is correct

Question 46

In both the federal and state systems,the courts of original jurisdiction are:

A)trial courts
B)supreme courts
C)tort courts
D)defense courts
E)criminal courts

Question 47

______________ judges are the only federal judges not appointed by the President.

A)district court
B)bankruptcy court
C)appellate court
D)Supreme Court
E)none of the other choices are correct

Question 48

Which court(s)in the federal court system uses juries?

A)the U.S.appellate courts
B)the U.S.district courts
C)the U.S.Claims Court
D)the U.S.Court of International Trade
E)all federal courts,except the Supreme Court,use juries

Question 49

There is (are)_______ judge(s)presiding in a court of original jurisdiction.

A)one
B)two
C)three
D)more than three
E)between two and five,depending on the case

Question 50

Federal trial courts are called:

A)district courts
B)municipal courts
C)superior courts
D)claims courts
E)none of the other choices are correct

Question 51

The Constitution intends for the judiciary to have:

A)no independence from the other parts of the government
B)limited independence from the other parts of the government
C)a close partnership with the other parts of the government
D)Its own governmental structure
E)none of the other choices are correct

Question 52

Which courts are the courts of original jurisdiction in the federal court system?

A)the circuit courts
B)the appeals courts
C)the district courts
D)only the Supreme Court has original jurisdiction
E)all courts in the federal system have original jurisdiction

Question 53

In the American court system:

A)there is a federal system and a similar system of trial and appeals courts in each state
B)all state court decisions can be appealed to U.S.Courts of Appeal
C)federal court precedents must be followed by state courts
D)state supreme court decisions may not be appealed to the U.S.Supreme Court
E)all of the other choices are correct

Question 54

Most federal judges must be both appointed by the President and:

A)confirmed by popular vote in a general election
B)confirmed by the House of Representatives
C)confirmed by the Vice President
D)confirmed by the Speaker of the House
E)none of the other choices is correct

Question 55

The Constitution intends for the judiciary to have significant independence from the other parts of the government as part of:

A)the system of checks and balances
B)the system of power checking
C)the system of judicial influence
D)the system of equality and fairness
E)none of the other choices are correct

Question 56

Most federal judges are:

A)appointed by the House of Representatives
B)elected by senators
C)elected in general elections
D)appointed by the Vice President
E)appointed by the President

Question 57

The Constitution intends for the judiciary to have:

A)no independence from the other parts of the government
B)limited independence from the other parts of the government
C)significant independence from the other parts of the government
D)its own governmental structure
E)none of the other choices are correct

Question 58

In the American court system:

A)there is a federal system and a similar system of trial and appeals courts in each state
B)federal court precedents must be followed by state courts
C)state supreme court decisions may not be appealed to the U.S.Supreme Court
D)none of the three specific choices are correct
E)all of the three specific choices are correct

Question 59

______________ judges are the only federal judges not appointed by the President.

A)district court
B)Federal Circuit Court of Appeals
C)Supreme Court
D)U.S.Courts of Appeals
E)none of the other choices are correct

Question 60

The majority of litigation occurs in the:

A)state courts
B)federal courts
C)representative courts
D)county courts
E)none of the other choices are correct

Question 61

If both parties agree,a case can be tried by a magistrate instead of a district judge.This generally happens when:

A)there is a backlog of cases in the courts and the parties want a quick trial
B)there is bad feeling between the district judge(s)and one or more of the attorneys
C)one of the parties involved is a minor
D)both of the parties involved are minors
E)none of the other choices are correct

Question 62

If one of the parties to the litigation is not satisfied with a federal district court's decision,it has the right to appeal to the court of appeals for the circuit in which that district court is located.The one exception to this is:

A)cases involving custody of children
B)previously convicted criminals may not appeal a verdict in a criminal case
C)minors may not appeal a verdict
D)the plaintiff may not appeal a verdict in a civil case
E)none of the other choices are correct

Question 63

Judicial officers who serve in federal trial courts are called:

A)judicial assistants
B)magistrates
C)special judges
D)official judges
E)judicial representatives

Question 64

Magistrates may not try cases unless:

A)both parties agree
B)at least one party agrees
C)the Supreme Court agrees
D)the arresting officer agrees
E)the prosecuting attorney agrees

Question 65

Which of the following is true about the federal appeals courts?

A)there are ten circuit courts of appeals
B)courts of appeals usually assign three-judge panels to review decisions of district courts
C)the U.S.government does not have the right to appeal any decision lost at district court
D)the judges must retire at age 65
E)all of the other choices are true

Question 66

There are ________ federal districts in the court system.

A)14
B)50
C)100
D)200
E)none of the other choices are correct

Question 67

Federal appellate courts are called:

A)superior courts
B)intermediate courts
C)district courts
D)courts of appearance
E)none of the other choices are correct

Question 68

Federal appellate courts are called:

A)superior courts
B)intermediate courts
C)district courts
D)courts of appeal
E)none of the other choices are correct

Question 69

There is at least one federal district court for each:

A)state
B)county
C)major city
D)capital city
E)Congressional district

Question 70

If both parties agree,a case can be tried by a magistrate instead of a district judge.This generally happens when:

A)the parties involved have religious conflicts with the days the district court can hear their case
B)there is bad feeling between the district judge(s)and one or more of the attorneys
C)one of the parties involved is a minor
D)both of the parties involved are minors
E)none of the other choices are correct

Question 71

Most cases involving questions of federal law originate in:

A)the U.S.superior courts
B)the U.S.claims courts
C)the U.S.municipal courts
D)the state district courts
E)none of the other choices are correct

Question 72

Cases come to the court of appeals when:

A)one of the parties to the litigation is not satisfied with a federal district court's decision
B)one of the parties to the litigation is a minor
C)one of the parties to the litigation is a minority
D)one of the parties to the litigation has a previous criminal record
E)none of the other choices are correct

Question 73

If one of the parties to the litigation is not satisfied with a federal district court's decision,it has the right to appeal to the court of appeals for the circuit in which that district court is located.The one exception to this is:

A)cases involving custody of children
B)previously convicted criminals may not appeal a verdict in a criminal case
C)minors may not appeal a verdict
D)the U.S.government may not appeal a verdict in a criminal case
E)none of the other choices are correct

Question 74

Magistrates are:

A)judicial officers who serve in federal trial courts
B)judicial assistants who file paperwork
C)judicial reporters
D)judicial representatives
E)voter-elected judges

Question 75

Not counting the Federal Circuit,there are ___________ geographically-based U.S.circuit courts of appeals.

A)three
B)ten
C)twelve
D)fifteen
E)fifty

Question 76

Which of the following is true about the federal appeals courts?

A)there are twelve circuit courts of appeals not counting the federal circuit
B)courts of appeals usually assign three-judge panels to review decisions of district courts
C)the U.S.government does not have the right to appeal a decision in a criminal case
D)the judges are appointed until they reach age 70,but they may hear cases after age 70
E)all of the other choices are correct

Question 77

Magistrates can hear cases on:

A)discovery disputes
B)habeas corpus petitions
C)civil rights claims filed by prisoners
D)all of the other specific choices can be correct
E)none of the other specific choices are correct

Question 78

Magistrates cannot try cases in the place of a district judge unless both parties agree because:

A)magistrates are not true judicial officials
B)magistrates are not appointed under Article III of the Constitution
C)magistrates are appointed under Article III of the Constitution
D)magistrates are appointed under Article I of the Constitution
E)magistrates are not appointed under Article IV of the Constitution

Question 79

When authorized by the Judicial Conference of the United States,federal judges may:

A)appoint one or more magistrate for a one year term
B)only appoint magistrates after serving for at least five years
C)appoint one or more magistrate for eight year terms
D)appoint one or more magistrates who "serve at their pleasure"
E)chose which cases they want to hear

Question 80

There are ________ federal districts in the court system.

A)14
B)50
C)100
D)94
E)3