Deck 3: The Court System

Question 1

The results arrived at by juries of 6 and juries of 12 show quite discernable differences.

Answer 1

False
Explanation: Several studies have found no discernible difference between results reached by a six-person jury and those reached by a 12-person jury. As a result, many cases are tried before six-person juries today.

Question 2

In cases tried before a jury, the function of the jury is to decide questions of fact, but the judge still is responsible for deciding questions of law.

Answer 2

True
Explanation: In cases tried before a jury, the function of the jury is to decide questions of fact. The judge still is responsible for deciding questions of law.

Question 3

When the U.S. Supreme Court reviews petitions for a writ of certiorari, the writ is granted if four of the nine justices vote to take the case.

Answer 3

True
Explanation: When the U.S. Supreme Court reviews petitions for a writ of certiorari, the writ is granted if four of the nine justices vote to take the case.

Question 4

The U.S. Constitution does not specify the size of juries required in civil and criminal trials.

Question 5

All taxpaying American citizens automatically have the right to begin any lawsuit in any court they choose.

Question 6

Jurors are required to give reasons for their decisions.

Question 7

Diversity of citizenship requires that all plaintiffs be citizens of different states from all defendants.

Question 8

A writ of certiorari is a request from the winner in a case to have the favorable judgment confirmed by a higher court.

Question 9

A lawyer cannot be actively involved in the personal decisions of clients.

Question 10

The judiciary can review the laws passed by the legislative body.

Question 11

A lawyer's first duty is to his client.

Question 12

The judicial power of the federal courts is defined and limited by the U.S. Constitution.

Question 13

Many states have rules allowing for juries of less than twelve in civil cases but all states continue to require juries of twelve in criminal matters.

Question 14

The U.S. court system is an adversarial system.

Question 15

In most states, a jury's decision must be unanimous.

Question 16

Congress has created a separate U.S. Court of Appeals for each state.

Question 17

Every citizen must have his or her petition for a writ of certiorari granted by the U.S. Supreme Court by right.

Question 18

A lawyer cannot testify against a client, even if called to do so at a trial.

Question 19

The Sixth and Seventh Amendments of the U.S. Constitution guarantee the right to a jury trial in civil and criminal cases.

Question 20

The members of the U.S. Supreme Court are called magistrates.

Question 21

The _____ jury is the trial jury that returns a verdict in both criminal and civil cases.

A) grand
B) appellate
C) petit
D) federal
E) hung

Question 22

The government cannot ban political spending by corporations.

Question 23

Which of the following is true of a trial by jury?

A) Juries are used in all civil and criminal cases.
B) Federal law does not specify the types of cases that can be tried by juries.
C) The right of trial by jury is guaranteed in both criminal and civil cases.
D) In most states, a jury's decision need not be unanimous, but must be based on a simple majority.
E) Federal law specifies that juries for criminal cases must be made up of twelve jurors.

Question 24

A lawyer's first duty is:

A) to his or her client.
B) to make money.
C) to defeat the opposing lawyer.
D) to apply law to the facts.
E) the administration of justice.

Question 25

Which of the following is most likely to be the function of a judge?

A) Determining the relevant facts
B) Presenting evidence to the jury
C) Serving as representative advocates in the courts
D) Applying the law to the facts
E) Arguing the law to the court

Question 26

Which of the following is true of attorney-client communication?

A) A lawyer may not testify against a client unless called to do so at a trial.
B) Confidential attorney-client communication is privileged.
C) A lawyer is obliged to reveal anything a client tells him that is material to the case.
D) Attorney-client privilege does not extend to anyone other than the lawyer him or herself.
E) Attorneys are obliged to reveal confessions of a client's guilt in criminal cases.

Question 27

Most lawsuits begin at the _____ level.

A) appellate court
B) trial court
C) Supreme Court
D) magistrate's court
E) state supreme court

Question 28

Which of the following is true of the role of jurors?

A) They determine the applicable rules of law relevant to the case.
B) They present the evidence and arguments to the juries and judges.
C) They apply the law to the facts.
D) They apply constitutional limitations and guarantees.
E) They determine the facts from conflicting evidence.

Question 29

In civil cases, the right to trial by a jury is preserved in suits at common law when the amount in controversy exceeds:

A) $20.
B) $2,500.
C) $500.
D) $175.
E) There is no minimum amount.

Question 30

_____ is a court's power over the issues involved in the case.

A) Power of attorney
B) Judicial restraint
C) Subject matter jurisdiction,
D) Judicial activism
E) Res judicata

Question 31

The attorney-client privilege extends to:

A) conversations the client has with his or her coworkers.
B) emails written by the client to a family member.
C) communications made to the lawyer's employees.
D) letters written by the judge to the client.
E) the conversations between a client and the opposing party.

Question 32

The _____ Amendments to the Constitution guarantee the right to a jury trial.

A) Sixth and Seventh
B) First and Twelfth
C) First and Seventh
D) Second and Fifth
E) Ninth and Fourteenth

Question 33

The terms judicial restraint and judicial activism are not exclusive to particular judges and many may share aspects of both in their judicial philosophy.

Question 34

The philosophy of judicial restraint is sometimes referred to as strict constructionism.

Question 35

_____ refers to the power of a court, at the state or federal level, to hear a case.

A) Activism
B) Res judicata
C) Power of attorney
D) Voir dire
E) Jurisdiction

Question 36

The main job of judges is to:

A) determine the facts from the evidence in a jury trial.
B) present the evidence to the jury.
C) give juries no deference.
D) apply the law to the facts.
E) campaign for reelection.

Question 37

Those who believe in judicial restraint believe that social, political, and economic change in society should result from the political process rather than from court action.

Question 38

Proponents of judicial restraint do not view the role of attorneys and the practice of law as that of social reform.

Question 39

Activist courts tend to be more result conscious and to place less reliance on precedent.

Question 40

Declaring that seniority has preference over Affirmative Action layoffs is an example of a typical judicial restraint decision.

Question 41

The federal courts have original jurisdiction over all of the following matters EXCEPT:

A) questions of federal law.
B) suits between citizens of the same state.
C) controversies among the states.
D) when the U.S. is a party.
E) cases arising out of the U.S. Constitution.

Question 42

Proponents of _____ believe that judicial review by judges should not be used except in unusual cases.

A) judicial restraint
B) judicial activism
C) voir dire
D) judicial relativism
E) res judicata

Question 43

Which of the following is true of the federal district courts?

A) They are the appellate courts of the federal judicial system.
B) There are only 12 such courts in the U.S.
C) These courts do not have the authority to impanel juries.
D) They lack subject matter jurisdiction over diversity of citizenship cases.
E) Most significant federal litigation begins in these courts.

Question 44

Strict constructivism is also known as:

A) judicial liberalism.
B) judicial activism.
C) judicial review.
D) judicial abstention.
E) judicial formalism.

Question 45

Federal question cases are those:

A) that have the United States as a party.
B) based on issues arising out of the U.S. Constitution.
C) based on controversies among the states.
D) based on certain suits between citizens of different states.
E) cases between a citizen and a corporation.

Question 46

A petition for a writ of certiorari is a request by the losing party in the court of appeals for permission to file an appeal with the _____.

A) trial court
B) Court of Appeals
C) arbitration panel appointed by the court
D) U.S. Supreme Court
E) magistrate's court

Question 47

Writs of certiorari are granted primarily in cases:

A) where the value in controversy is more than $50 million.
B) of significant presidential importance where sever political controversy could change an election.
C) where there is an obvious conflict between two or more Courts of Appeal.
D) where the judge in the original trial court has been removed from the bench for reasons of unethical conduct.
E) where the attorneys on both sides of the case are well known to the justices.

Question 48

A petition for a _____ is a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court.

A) writ of certiorari
B) writ of mandamus
C) writ of assistance
D) writ of habeas corpus
E) writ of possession

Question 49

Which of the following provides the details of how court litigation is conducted in federal court litigation?

A) Article III of the Constitution
B) The First Amendment
C) The Sixth Amendment
D) Federal Rules of Civil Procedure
E) Federal Rules of Evidence

Question 50

Which of these can only be a state court?

A) District court
B) Small claims court
C) Court of Appeals
D) Supreme Court
E) Bankruptcy court

Question 51

How many Supreme Court justices does it take to vote for a writ of certiorari for it to be granted?

A) Five
B) Four
C) One
D) Nine
E) Eight

Question 52

Josh and Shiela are neighbors. One morning they have a motor vehicle accident. Amanda is severely injured and suffers $95,000 worth of medical and property damages. She believes that the accident was Josh's fault and wishes to sue. What would have to be different in order for Sheila to be able to file an initial complaint against Josh in a federal court?

A) The amount must be less than $75,000.
B) Josh must have severely injured Sheila.
C) Josh and Sheila must live in different states.
D) Sheila must petition her elected officials.
E) Josh must have been intoxicated during the accident.

Question 53

In addition to the state in which it is incorporated, a corporation's "citizenship" is recognized by the courts as:

A) any state where it conducts even a minor amount of business.
B) the state in which it maintains its principal place of business.
C) the state where its CEO lives.
D) the state where most of its employees live.
E) any state that the corporation declares as being its hometown.

Question 54

Josh and Shiela are neighbors. One morning they have a motor vehicle accident. Amanda is severely injured and suffers $95,000 worth of medical and property damages. She believes that the accident was Josh's fault and wishes to sue. Which court(s) may she file her initial lawsuit in?

A) Court of public opinion
B) State appellate court
C) Federal district court
D) U.S. Supreme Court
E) State trial court

Question 55

What is a writ of certiorari?

A) The underlying principle of a case
B) The process of finding out the facts of the case
C) An oath administered to a witness requiring him to speak the truth
D) A request for permission to file an appeal with the U.S. Supreme Court
E) A plea wherein the defendant agrees not to contest the charges

Question 56

Judicial review is:

A) the right of a court to review legislation and declare it unconstitutional.
B) the right of a legislature to pass statutes that overrule court decisions.
C) the right of an appellate court to overrule a lower court decision.
D) the right of the executive branch to enforce or not enforce judicial decisions.
E) the right of a court to create laws.

Question 57

Parties to litigation are entitled, as a matter of right, to ________ appeal(s) of their case by a higher court.

A) 0
B) 1
C) 2
D) 5
E) Unlimited

Question 58

How many total Courts of Appeal have been created by Congress in the U.S.?

A) 50
B) 51
C) 25
D) 5
E) 13

Question 59

_____ provides that judicial power be vested in the Supreme Court and such lower courts as Congress may create.

A) The Sherman Act
B) The First Amendment
C) Article III of the Constitution
D) The Fifth Amendment
E) The Federal Arbitration Act

Question 60

A request for a second review is, in some states, called a writ of:

A) certiorari.
B) attachment.
C) possession.
D) replevin.
E) mandamus.

Question 61

How do trial judges and appellate judges differ?

Question 62

The Citizens United decision was met with opposition from a number of individuals and groups concerned about:

A) the influence of legislators in the judicial process.
B) the influence of corporate money in political elections.
C) the erosion of civil liberties.
D) the influence of alcohol.
E) the corruption of voter registration laws.

Question 63

With regard to state court decisions, what is the extent of federal jurisdiction in these matters?

Question 64

What potential dangers do lawyers and law firms pose to the administration of justice?

Question 65

In most states, a jury's decision must be unanimous. What is the rationale behind such a requirement?

Question 66

Why is there a strong trend among states to require jury duty?

Question 67

The primary issue in Citizens United was the significance of:

A) the First Amendment.
B) the Seventh Amendment.
C) the Confrontation Clause.
D) the War Powers Act.
E) the Fourteenth Amendment.

Question 68

Those who believe that judicial power should be exercised whenever the needs of society justify such use believe in:

A) judicial functionality.
B) judicial activism.
C) judicial extension.
D) judicial abstention.
E) judicial absenteeism.

Question 69

Those who believe in judicial restraint believe that social, political, and economic change in society should result from _____ rather than from court action.

A) dispute resolution
B) market intervention
C) the political process
D) quiet introspection
E) governmental cooperation

Question 70

What is the court process that a typical litigant will go through if they take their case from the beginning to the last court possible in a typical state court system?

Question 71

Trial by jury is a Constitutional right that presents difficult issues when complex and complicated issues and cases arise. What are some of these issues?

Question 72

If the answer to a case is not clearly established by statute or by unquestioned precedent, the judge must first extract from the precedents the underlying principle, known as the _____.

A) obiter dicta
B) ratio decidendi
C) voir dire
D) habeas corpus
E) writ of ceritorari

Question 73

What is the major reason Congress provides for diversity of citizenship jurisdiction and why could this help a litigant?

Question 74

Supreme Court Justices are:

A) appointed and approved by the president.
B) appointed by the members of the lower courts.
C) appointed by the U.S. House of Representatives.
D) appointed by Congress.
E) appointed by the president alone.

Question 75

Describe the functions and capacities that a lawyer serves in the legal system.

Question 76

Ratio decidendi refers to:

A) the underlying principle of the case.
B) stare decisis.
C) narrow-tailoring.
D) justifying the amount of a verdict in relation to the injury.
E) judicial activism.

Question 77

What is the purpose of having specialized lower state courts and how does this serve justice?

Question 78

_____ believe that judicial review should be utilized when the needs of society justify its use.

A) Strict constructionists
B) Judicial activists
C) Judicial realists
D) Judicial conservatives
E) Judicial abstentionists

Question 79

Beatrice owns a trucking company in Texas, and is looking for a few new trucks to add to her fleet. She buys three trucks, each valued at $50,000, from the partnership of Ted & Larry Trucks. However, when Beatrice receives the trucks, it is obvious that they are in disrepair and not at all what she ordered. In preparation for bringing a suit against Ted & Larry Trucks, Beatrice finds out that the partnership was created in Louisiana, where Larry lives, and Ted lives in Texas. Should Beatrice file her claim in a state or federal court?

Question 80

Which of the following is true of the Supreme Court's use of the power of judicial review?

A) It has exercised this power more than once per presidential cycle.
B) It exercises the power of judicial review at least once a year.
C) It uses its power of judicial review only when the country faces war.
D) It rarely uses judicial because of its self-imposed limits.
E) It uses the power only when the majority of the justices are strict constructionists.