Deck 3: Federal Courts

Question 1

Which of the following is not true of federal district court judges?

A)They are nominated by the President.
B)They must be confirmed by the U.S.Senate.
C)They must reside in their district.
D)They are appointed for eight year terms.

Answer 1

D

Question 2

Most "federal question" cases present issues concerning:

A) the interpretation or application of the U.S.Constitution.
B) cases in which two or more states are parties.
C) the application and interpretation of a statute enacted by Congress.
D) securities and banking regulations relating to the housing market crash.

Answer 2

C

Question 3

In the federal system, which is generally the court of last resort for virtually all federal litigation?

A)U.S.Supreme Court
B)U.S.Court of Appeals
C)U.S.District Court
D)Federal Magistrate Court

Answer 3

B

Question 4

Magistrate judges are

A)nominated by the President and confirmed by the Senate.
B)elected by voters in their district.
C)selected by the U.S.Supreme Court.
D)selected by U.S.district court judges.

Question 5

Congress created the Courts of Appeals in

A)1776.
B)1787.
C)1891.
D)1929.

Question 6

The United States has a dual court system consisting of:

A)district and superior courts.
B)trial and appellate courts.
C)criminal and civil courts.
D)state and federal courts.

Question 7

The Prison Litigation Reform Act resulted in all of the following, except:

A) requiring inmates to pay certain fees from which they had previously been exempt.
B) requiring inmates to exhaust all administrative remedies before filing.
C) no longer allowing inmates to proceed pro se in civil rights actions.
D) barring subsequent cases if previous cases had been dismissed as frivolous.

Question 8

What kind of jurisdiction gives a court the power to review cases that have already been decided by another court?

A) appellate jurisdiction
B) concurrent jurisdiction
C) personal jurisdiction
D) subject matter jurisdiction

Question 9

The United States has how many U.S.District Courts?

A)59
B)78
C)94
D)111

Question 10

Which of the following gave the U.S.Supreme Court the authority to invalidate an act of Congress as unconstitutional?

A)Marbury v.Madison (1803)
B)Article III of the U.S.Constitution
C)The Judiciary Act of 1789
D)The Judiciary Act of 1801

Question 11

Original and appellate jurisdiction fall under what classification of jurisdiction?

A)geographical jurisdiction
B)subject matter jurisdiction
C)hierarchical jurisdiction
D)general jurisdiction

Question 12

Which Article of the U.S.Constitution provides the basis for the federal judiciary?

A)Article I
B)Article II
C)Article III
D)Article IV

Question 13

During the Constitutional Convention, Anti-Federalists maintained the belief that a strong national government would:

A) provide political and economic unity.
B) weaken individual liberties.
C) abolish state courts.
D) create a uniform body of federal law.

Question 14

The U.S.Courts of Appeals is made up of how many judgeships?

A)14
B)50
C)98
D)179

Question 15

What judges perform virtually all tasks carried out by district court judges, except trying and sentencing felony defendants?

A) Circuit justices
B) Magistrate judges
C) Appellate court judges
D) Administrative judges

Question 16

In 1968 Congress created what position to alleviate the workload of U.S.District Courts and to replace the former position of U.S.commissioner?

A)U.S.magistrate judges
B)U.S.attorneys
C)U.S.bankruptcy judges
D)U.S.circuit justices

Question 17

What does the Supreme Court issue when it agrees to hear a case on appeal?

A)a writ of extradition
B)a writ of jurisdiction
C)a writ of stay
D)a writ of certiorari

Question 18

Appellate courts primarily review the legal decisions made by trial courts.In doing so they serve dual purposes.The first is error correction, what is the second?

A)policy formation
B)vacating sentences
C)issuing stays
D)issuing writs of certiorari

Question 19

What federal court has original jurisdiction over disputes between states?

A)Legislative Court
B)District Court
C)Court of Appeals
D)Supreme Court

Question 20

The "Rule of Four" refers to:

A) the number of justices required to vote in favor of granting certiorari to review a case.
B) the number of justices required to uphold or overturn a lower court ruling.
C) the maximum number of presenters allowed during oral arguments.
D) the minimum number of justices required to publish a dissenting opinion.

Question 21

Drug prosecutions account for approximately what percentage of all federal criminal cases?

A)11
B)21
C)41
D)31

Question 22

Appeals from criminal convictions in the U.S.District Courts constitute _____ of the workload of the U.S.Courts of Appeals.

A)less than 10 percent
B)about 21 percent
C)43 percent
D)over 50 percent

Question 23

In U.S.v.Georgia (2006), the U.S.Supreme Court held that states and municipalities can be held civilly liable for failing to:

A) abolish height and weight requirements for criminal justice agencies.
B) maintain correctional facilities that accommodate the special needs of disabled prisoners.
C) create exemptions for bona fide occupational qualifications in hiring and promotion.
D) provide special training for employees on the requirements of the Americans with Disabilities Act.

Question 24

What article of the U.S.Constitution established the U.S.Supreme Court and gave congress the power to create lower courts?

A)Article I
B)The U.S.Constitution did not establish the U.S.Supreme Court
C)Article II
D)Article III

Question 25

What is the name given to the particular location or area in which a court having geographic jurisdiction may hear a case?

A)venue
B)stay
C)venire
D)federal question

Question 26

Who is the presiding office of the U.S.Supreme Court?

A) the President
B) the Attorney General
C) the Senate Majority Leader
D) The Chief Justice

Question 27

What is the major problem facing the federal courts?

A) heavy caseloads
B) reduced jurisdiction
C) legislative cooperation
D) excess funds

Question 28

What cases involve suits between citizens of different states or between a U.S.citizen and a foreign country or citizen?

A)diversity of citizenship cases
B)mandamus cases
C)en banc cases
D)venue cases

Question 29

What is the name of a court that has original jurisdiction?

A)trial court
B)appellate court
C)legislative court
D)traffic court

Question 30

The administrative policymaking organization of the federal judicial system, comprised of 26 federal judges, is the:

A)Judicial Conference of the U.S.
B)Administrative Office of the Courts
C)Federal Judicial Center
D)U.S.Sentencing Commission

Question 31

What agency's original purpose was to develop the federal sentencing guidelines?

A) The Federal Judicial Center
B) The U.S.Sentencing Commission
C) The Judicial Council
D) Administrative Office of the U.S.Courts

Question 32

This type of prisoner petition seeks a court order to compel a public entity or official to do something that is owed to the plaintiff as a matter of constitutional or statutory right.

A) mandamus
B) habeas corpus
C) motion to compel
D) Section 1983 action

Question 33

The Foreign Intelligence Surveillance Court of Review's only function is to:

A) hear appeals regarding constitutional violations of individual privacy rights.
B) review warrant applications related to national security investigations.
C) act as arbitrator between intelligence officials and foreign governments.
D) review denials by the Foreign Intelligence Surveillance Court of applications for electronic surveillance warrants.

Question 34

The basic administrative unit of a circuit, which has authority to make all necessary and appropriate orders for the effective and expeditious administration of justice within its circuit, is called the:

A) Administrative Office of the District
B) Administrative Oversight Commission
C) Federal Judicial Administration
D) Judicial Council

Question 35

In 1950, Congress extended significant new due process rights in courts-martial by adopting the:

A)Military Justice Act
B)U.S.Joint Service Committee Act
C)Uniform Code of Military Justice
D)Armed Forces Court of Appeals Act

Question 36

One of the principal activities of this organization is the education and training of federal judicial personnel, including judges, probation officers, clerks of court, and pretrial service officers.

A) Federal Judicial Center
B) Administrative Office of the Courts
C) FBI Judicial Academy at Quantico
D) Judicial Personnel and Training Section of the Judicial Conference

Question 37

Which courts are tribunals created by Congress to handle specialized types of cases?

A)article III Courts
B)article II courts
C)state courts
D)Article I courts

Question 38

Which Congressional action gave the U.S.Supreme Court control over its' docket?

A) Court of Appeals Act of 1891
B) Judges Bill of 1925
C) Judiciary Act of 1789
D) Federal Court Improvement Act of 1982

Question 39

Heavy caseloads of the federal courts result in what problem(s)?

A)burdens those who work in the courts
B)delay cases for litigants
C)burdens those who work in the courts and delays cases for litigants
D)none of these answers is correct

Question 40

Habeas corpus, motions to vacate sentence, mandamus, and Section 1983 and Bivens Civil Rights Actions are all examples of what type of petitions?

A) prisoner petitions
B) jurisdiction petitions
C) bankruptcy petitions
D) extradition petitions

Question 41

Which of the following statements regarding proposals to reduce federal caseloads is true?

A) Reducing the jurisdiction of federal courts would nearly double the caseload of state courts and states would certainly oppose such an action.
B) Creating additional courts and judgeships would require additional funding of the federal judiciary, which already comprises a sizeable portion of the federal budget.
C) It is unlikely that Congress will ever have the filibuster-proof majority needed to authorize additional federal judgeships.
D) The antagonistic relationship between Congress and the federal judiciary is unlikely to result in any significant reforms.

Question 42

Trial courts are primarily concerned with considering evidence to resolve factual decisions within the bounds of the law.

Question 43

In misdemeanor and petty offense cases, U.S.magistrate judges may preside over trials, accept pleas of guilty, and also impose sentences.

Question 44

The federal courts set the parameters for the operations of the criminal justice system.

Question 45

Federal district court judges must be residents of the district in which they preside.

Question 46

Which of the following proposals would due process advocates least likely support?

A) Abolish federal diversity jurisdiction except in certain cases.
B) Abolish concurrent jurisdiction on crimes punishable by both state and federal law.
C) Creation of several new Article I legislative courts.
D) Limit ability of prisoners to file civil rights lawsuits.

Question 47

U.S.Magistrate Judges may try and sentence felony defendants.

Question 48

Although the role of federal government in the criminal justice system raises a lot of debate at the national level, crime remains primarily the responsibility of what entity?

A) state government
B) local government
C) national government
D) state and local government

Question 49

Article III judges are nominated by the President and confirmed by the U.S.Senate.

Question 50

Prior to the Civil War, the U.S.Supreme Court was required to hear every case that was appealed to it.

Question 51

There are three primary types of jurisdiction.

Question 52

Article II of the U.S.Constitution established the U.S.Supreme Court.

Question 53

When cases are appealed, appellate court judges may call on witnesses to testify.

Question 54

Extradition is the automatic return of an individual accused of a crime in the United States who has fled the country and been found on foreign soil.

Question 55

If a circuit justice thinks that there is merit in a case such that the full Supreme court should have an opportunity to decide whether to hear the case, the justice will grant:

A) a temporary writ of certiorari.
B) an injunction.
C) a stay.
D) a preliminary review.

Question 56

U.S.magistrate judges assist U.S.District Judges by hearing felony cases.

Question 57

There may be as many as 28 judges who work together to make an appellate court decision.

Question 58

Appellate courts are considered finders of fact.

Question 59

Which of the following proposals would our Federalist founding fathers most likely support?

A) Abolish federal diversity jurisdiction except in certain cases.
B) Abolish concurrent jurisdiction on crimes punishable by both state and federal law.
C) Creation of several new Article I legislative courts.
D) Limit ability of prisoners to file civil rights lawsuits.

Question 60

The United States has one national court system plus separate court systems in each of the 50 states and the District of Columbia.

Question 61

The Federal _____ Center provides orientation and continuing education judges and personnel of courts.

Question 62

The burden of proof necessary for conviction is less demanding in military courts.

Question 63

Appellate courts primarily review the legal decisions made by _____ courts.

Question 64

Typically sitting in panels of three, _____ review the records in cases appealed from district courts.

Question 65

Civil lawsuits consume more of the federal courts' time than criminal cases.

Question 66

The U.S.District Courts are the federal trial courts for all major violations of federal criminal law.

Question 67

A prisoner _____ is a civil lawsuit filed by an inmate alleging violations of his or her rights.

Question 68

Military justice applies not only to members of the armed services but also to those who commit crimes against military personnel on and off a military base.

Question 69

Article _____ of the U.S.Constitution established the U.S.Supreme Court and gave Congress the power to create lower courts.

Question 70

The Americans with Disabilities Act applies to the ways in which police officers and correctional officials interact with people with disabilities.

Question 71

The United States has a _____ court system, which means that it has one national court system plus separate court systems in each of the 50 states and the District of Columbia.

Question 72

A writ of _____ is issued by the U.S.Supreme Court to obtain and review the proceedings of a lower court.

Question 73

When the U.S.Supreme Court fails to grant certiorari, they are stating that they unilaterally affirm the decision of the lower court.

Question 74

Today, the trial courts that primarily exercise original jurisdiction in the federal system are the United States _____ Courts.

Question 75

Federal courts apply state-not federal-law when adjudicating state claims in federal court under their diversity of citizenship jurisdiction.

Question 76

The Judicial Conference of the United States sets national administrative policy for the federal judiciary.

Question 77

A U.S.attorney is nominated by the President, confirmed by the Senate, and serves during "good behavior."

Question 78

_____ of citizenship cases involve suits between citizens of different states or between a U.S.citizen and a foreign country or citizen.

Question 79

The U.S.Constitution states that "no more than fifteen, nor less than seven justices shall be approved by Congress to serve on the Supreme Court."

Question 80

_____ jurisdiction means that a court has the authority to try a case and decide it.