Deck 7: Court Organization and Operation

Question 1

It has been said that the courts are the ,having no enforcement powers.

A) least dangerous branch
B) most destructive force
C) most potent branch
D) least consequential entity

Answer 1

A

Question 2

Which of the following is not one of the four separate activities of time as allocated by the Supreme Court justices?

A) Reading through petitions for review of cases
B) Oral arguments
C) Time for calling constituents to obtain their opinions
D) Time to work on writing their opinions

Answer 2

C

Question 3

Which of the following is not one of the four cultural orientations that were found to shape the conduct and performance of the nation's state trial courts?

A) Communal
B) Hierarchical
C) Networked
D) Dependency

Answer 3

D

Question 4

The court(s)in ______ was dealing with premeditated homicides in the fourth century B.C.

A) China
B) Athens
C) Greece
D) Persia
E) Both B and C

Question 5

The focus of state court reform typically concerns:

A) the issue of state court organization and unification.
B) the establishment of a death penalty appeals court.
C) adding many more judges than the number currently existing.
D) None of the above

Question 6

Which of the following is not one of the four general principles of court unification?

A) Centralized administration
B) Centralized rule making
C) Intricate court structure
D) Centralized budgeting

Question 7

Hierarchical courts emphasize ________rules.Judges are committed to the use of ______________ management.

A) dominant; independent
B) clear; case flow
C) developing; group
D) flexible; close

Question 8

The only area that has not witnessed judicial policymaking since the Civil War is:

A) administrative policy.
B) foreign affairs.
C) the Fourth Amendment.
D) the right to privacy.

Question 9

Nowhere is the policymaking role of state supreme courts more apparent than in deciding:

A) death penalty cases.
B) civil lawsuits against the state.
C) which political party will control the state's budget.
D) each year's political boundaries of the state.

Question 10

Many people believe that one of the greatest impediments in the courts' search for truth is:

A) the adversarial process.
B) the power of the judge.
C) the chumminess of lawyers.
D) the right to public trial.

Question 11

Good examples of state court unification are those courts in:

A) Illinois and New York, with the former being successfully unified, and the latter not.
B) Louisiana and Pennsylvania, where both are unified but operating poorly.
C) Hawaii and Alaska, showing that only smaller jurisdictions can unify.
D) All of the above

Question 12

The physical trappings of a court are called its __________,while the demeanor of the people in court is referred to as their ________.

A) decorum / decor
B) decor / decorum
C) courtitude / staidness
D) rectitude / stoicity

Question 13

The ancient trial court of _________,and the most common tribunal throughout its history,was the "court at the gate," where elders of each clan resolved controversies within the kin group.

A) Israel
B) Greece
C) China
D) Persia

Question 14

In Tehan,the Supreme Court declared that the basic purpose of a trial is:

A) to convict the guilty.
B) to acquit the innocence
C) to protect the innocent.
D) to determine truth.

Question 15

The United States Supreme Court has made dramatic decisions in all but which of the following areas?

A) Race relations
B) Overhauling juvenile courts
C) Legalizing abortion
D) Elections of judges

Question 16

It is the responsibility of the judicial branch to:

A) determine what the law is, and to provide a forum for resolving disputes.
B) adjudicate problems as slowly and meticulously as possible.
C) ensure that the other branches of government are deferential.
D) reward those who consistently file litigation.

Question 17

To alleviate the caseload burden on courts of last resort,state officials in 39 states have responded by creating:

A) a supreme court liaison office.
B) an administrative office.
C) Intermediate courts of appeals.
D) a death penalty resolution project.
E) None of the above

Question 18

stated that "Every violation of truth is a stab at the health of human society."

A) De Tocqueville
B) De Gaulle
C) Ralph Waldo Emerson
D) Shakespeare

Question 19

It is believed to be very important that the courts justice.

A) uniformly represent
B) appear to bring about
C) provide a facade of
D) increase the cost of

Question 20

Courts have become particularly involved in:

A) foreign affairs.
B) administrative policy.
C) the right to privacy.
D) the right to bear arms.

Question 21

All states have mandated that their trial court judges hold law degrees and take judicial education classes while serving on the bench.

Question 22

The Supreme Court uses the rule of six to decide whether or not to grant certiorari.

Question 23

The term "general jurisdiction" means that these courts have the legal authority to decide all matters not specifically delegated to lower courts.

Question 24

When the Supreme Court declines to hear a case,the decision of the lower court stands as the final word on the case.

Question 25

Courts are relatively autonomous single work units.

Question 26

It has been estimated that court unification in New York would result in an annual estimated net savings of $131.4 million over a 5-year period.

Question 27

According to the Constitution,the chief justice is empowered to preside over the Senate in the event that it sits as a court to try an impeachment of the president.

Question 28

Unlike Supreme Court justices,terms of office for federal courts of appeals judges are for 6 years.

Question 29

The demeanor one finds displayed in the courts is referred to as decor.

Question 30

The great majority of the nation's judicial business occurs at the federal level.

Question 31

A governmental body observed that,"No state in the nation has a more complex court system structure than New York's."

Question 32

The clerk of the Supreme Court serves as the Supreme Court's chief administrative officer,supervising a staff of 30 under the guidance of the chief justice.

Question 33

Trial courts of general jurisdiction are usually referred to as the major trial courts.

Question 34

Lower trial courts decide a restricted but voluminous range of cases,most of which are traffic cases.

Question 35

At the lowest level of state courts are trial courts of limited jurisdiction,also known as inferior courts or lower courts.

Question 36

State courts decide primarily street crimes.

Question 37

In the adversarial system of justice,the incentive to win is minimized.

Question 38

Under our court system,a jury can disregard a biased or unfair judge and reach a fair verdict.

Question 39

There are 20 U.S.intermediate appeals courts in the federal court system,plus the D.C.Circuit.

Question 40

Today's judges and court staff basically require high-technology audiovisual equipment.

Question 41

Because of the U.S.Supreme Court's open-door,egalitarian philosophy,anyone wishing to appear and argue before the Court simply needs only to submit their name and an agenda item in advance.

Question 42

The director of the Administrative Office of the U.S.Courts is not allowed to prepare the system's annual budgets,argue for additional judgeships,or propose changes in court rules.

Question 43

The work of U.S.district judges is significantly assisted by bankruptcy judges,who are appointed for 14-year terms.

Question 44

The Judicial Conference of the United States is the administrative policymaking organization of the federal judicial system.

Question 45

Cases in which courts make policy determinations usually involve government and the Fourteenth Amendment.

Question 46

The Judicial Conference of the United States consists of the chief justice,the chief judges of each of the courts of appeals,one district judge from each circuit,and the chief judge of the Court of International Trade.

Question 47

Courts of last resort are usually referred to as the state supreme courts.

Question 48

The lack of ability of most state supreme courts to choose which cases to hear makes them ineffectual policymaking bodies.

Question 49

The U.S.Supreme Court declared in 1966 in Tehan v.United States ex rel.Shott that "the basic purpose of a trial is the determination of___________."

Question 50

The U.S.Supreme Court has dramatically changed race relations,increased rights of the accused,legalized abortion,and allowed for destruction of the American flag.

Question 51

Justice Robert Jackson once described the Supreme Court's uniqueness,saying,"We are not final because we are infallible,but we are infallible because we are final."

Question 52

State supreme courts typically use traveling panels of justices to sit,hear cases,and render decisions.

Question 53

Tradition holds that when the Supreme Court is in session,a fixed seating arrangement requires the junior justice to sit on the Chief's extreme left.

Question 54

This country has a "triadic" court system: one national system of federal courts,50 state court systems,and a web of courts composing that of the District of Columbia.

Question 55

Each federal circuit court of appeals has a chief judge (chosen by seniority)who has supervisory responsibilities.

Question 56

The "Conference handshake" of the Supreme Court means that after arriving at a unanimous decision,each justice shakes hands with each of the other eight.

Question 57

Communal courts emphasize judicial consensus,so that a general agreement on performance goals exists.

Question 58

There are 94 U.S.district courts,and Congress has created 678 district court judgeships for those districts.

Question 59

Since 1939,the day-to-day administrative tasks of the federal courts have been handled by the Administrative Office of the U.S.Courts.

Question 60

The U.S.Supreme Court,formed in 1790,is composed of nine justices: one chief justice and eight associate justices.

Question 61

At the lowest level of state courts are trial courts of_________ ____________,also known as inferior courts or lower courts.

Question 62

Several safeguards have been put in place to enable the adversarial system to reach the truth.First,evidence is tested under this approach through _________________of witnesses.

Question 63

The Administrative Office,or AO,is also the _________________agency of the federal judiciary,responsible for allotting authorized funds and supervising expenditures.

Question 64

The ____________system is the legal system whereby two opposing sides present their arguments in court.

Question 65

The __________ __ ___________are the intermediate courts of appeals (ICAs)for the federal court system.

Question 66

An organizational distinction between courts with one federal court system and a state court system is referred to as a _________ _________ system.

Question 67

The "______________ ____________" has been a tradition in the U.S.Supreme Court since the late nineteenth century.When the justices assemble to go on the bench each day,it is a reminder that differences of opinion on the Court do not preclude the overall harmony of purpose.

Question 68

__________ ___________ are courts of original jurisdiction (or "first instance")where evidence and testimony are first introduced and findings of fact and law are made.

Question 69

The U.S.Supreme Court has complete discretion to control the nature and number of the cases it reviews by means of the _____ _____ ______________.

Question 70

The state supreme courts are also the ultimate review board for matters involving interpretation of _____________law.

Question 71

It is important to note that the judiciary is the "__________ _________ ________" of government,having no enforcement powers.Moreover,the decisions of the courts can be overturned by legislative action.

Question 72

The _________ ___________of the United States is the administrative policymaking organization of the federal judicial system.

Question 73

That court in a given state that has its highest and final appellate authority is usually referred to as the _________ _________court.

Question 74

The great majority of the nation's judicial business occurs at the______,not the federal level.

Question 75

Like other federal judges appointed under Article III of the Constitution,U.S.Supreme Court justices are nominated to their post by the ____________and confirmed by the_____________,and they serve for__________.

Question 76

_________________ can be defined simply as "establishing rules,principles,or guidelines that govern actions by ordinary citizens as well as persons in positions of authority."

Question 77

Formed in 1790,the U.S._____________ __________is the highest and one of the oldest courts in the nation.

Question 78

The definition of __________ ___________typically includes an attempt to simplify a state trial court's structure,procedures,funding,and administration so as to eliminate or reduce overlapping and fragmented jurisdiction.

Question 79

The states not having an intermediate court of appeals,or ICA,such as New Hampshire,
Vermont,Rhode Island,Delaware,and Maine,are typically sparsely populated and have low volumes of ______________.

Question 80

What is the organization of our dual court system,and what are the primary functions of each of the major types of courts that exist within the federal and state court systems?