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Chapter 3: Court Systems
1. In the state court system, sheriffs or their deputies have the duty to summon witnesses, keep order in court,
2. When a decision is made by a mediator, it is binding on the parties to the dispute.
3. The United States Supreme Court has original jurisdiction over all cases in this country.
4. Appellate courts never decide matters of fact.
5. There are thirteen federal courts of appeal.
6. A typical state legal system, like the federal system, typically has three levels of courts with general
jurisdiction.
7. The state supreme courts issue the final decision on all matters of law appealed to them.
8. Although juvenile courts are open to the public, the records of juvenile cases are closed.
9. While most state judicial systems have courts with specialized jurisdictions (such as juvenile and small
10. Typically, small claims court cases are tried before a judge and a jury.
11. The court with original jurisdiction over a legal dispute is typically known as the
C. supreme court.
D. all of these.
12. Who of the following makes decisions that bind the parties to a dispute?
C. conciliator
D. none of these
13. An appellate court bases its decisions primarily on
C. appellate briefs and selected witnesses testifying
D. appellate briefs, selected witnesses testifying, and transcripts of the trial
14. Courts that administer wills and estates are called
C. federal district courts.
D. estate courts.
15. Municipal courts are usually divided into
A. criminal divisions.
B. traffic divisions.
16. Which of the following is not a court with a specialized jurisdiction?
A. probate court
B. small claims court
C. one between a citizen of a state and a citizen of a foreign nation with $50,000 in dispute
D. all of these would be barred from federal court
18. Which level of appellate court can substitute its factual determination for that of the jury that heard the
case?
A. a state supreme court
B. a federal appellate court
19. The Federal Courts of Appeals are limited in that they
A. do not accept and new evidence.
B. can only review decisions to see if the agency acted in an arbitrary and/or capricious fashion in deciding the
case
20. Which of the following is not a specialized court in the federal system?
A. tax court
B. Court of International Trade
21. Margo's mother recently died and left a detailed will describing her wishes regarding the division of her real
and personal property. Which court will actually administer the will and estate?
A. federal district court
B. state decedent’s court
22. Adam and two other attorneys in his law firm prepared an appellate brief for submission to an appellate
court. After reviewing the case and listening to attorneys' arguments, the appellate court reached a decision that
improper evidence was placed before the jury. As a consequence it remanded the case. This means that it
A. upheld the lower court's decision.
B. sent the case to the state supreme court.
23. In the federal court system, who summons witnesses, maintains court order, and takes the necessary steps to
carry out court judgments?
C. prosecutor
D. all of the above
24. To place a dispute for resolution before a court of law is to
C. arbitrate.
D. probate.
25. The power to ordain and establish the federal courts was vested in the ___________________ by the
Constitution.
C. U.S. Supreme Court
D. none of the above
26. Which Article of the U.S. Constitution provides for the creation of the federal judicial system?
A. I
27. Generally, if a jury is not requested by the parties in a case, the factual determinations will be made by the
C. mediator.
D. arbitrator.
28. How many federal courts of appeal exist within the federal court system?
C. 63
D. 1
29. Municipal courts administer
A. state fish and game licenses.
B. minor state criminal laws.
30. The primary emphasis for juvenile courts is on the ___________________ of youthful offenders.
C. recidivism
D. promulgation
31. A written argument on an issue of law submitted to the presiding judge by an attorney in the case is called
a(n) ___________________.
32. Duane works in his local court. His duties include entering cases on the court calendar, keeping records of
all court proceedings, and computing court costs. Duane's title is ___________________.
33. Franco is the Assistant Principal at Westside Junior High School. After repeated minor school infractions,
Franco expels Brad and Aaron for two days. As revenge, Brad and Aaron break into the junior high after school
hours and set a fire in a trash can in Franco's office. The fire burns out of control and creates more than $10,000
worth of damage to the junior high school facility. Brad and Aaron, who are 14 and 15, were arrested and
charged in this case. They have never been in trouble with the law before. The court that will most likely hear
their case when it comes to trial is the ___________________ court.
34. The trial court in a particular case will apply the appropriate law to the facts to reach a
___________________.
35. When an appellate court overturns the decision of a lower court, the lower court's decision is said to have
been ___________________.
36. The original Federal Judiciary Act established a U.S. Supreme Court and ___________________ federal
district courts.
37. The federal ________________ courts are the lowest level of federal court with general jurisdiction.
38. In order for the United States Supreme Court to review a state court case, it will prepare a(n)
___________________ ordering a state court to turn over its court record of that case.
39. Attorneys generally are not required to resolve the civil litigations in ___________________ court.
40. Gerardo is a court reporter in the Fifth District Court. Part of his responsibility includes preparing the
41. At age 7, Curt was found guilty of starting a fire that burned the gazebo in the park of his home town in
Illinois. At the age of 12, he was found guilty of burning a barn full of hay in a neighboring county. Now at the
age of 21, Curt is living in the state of New York, and he has been accused of setting the fire that destroyed a
motorcycle shop. Can his juvenile records from Illinois be used against him in New York?
42. Compare original jurisdiction with appellate jurisdiction as to scope and setting.
Original jurisdiction involves the initial hearing of the case. The court with original jurisdiction makes decisions
as to the charges to be filed, evidence to be received, procedure to be followed, etc., so as to determine the facts
43. Josie was recently arrested on charges of breaking and entering, driving without a license, and possession of
a controlled substance. Although this is Josie's third arrest prior to her fifteenth birthday, her parents want her
trial conducted in juvenile court. Because of Josie's repeated offenses, the prosecuting attorney wants Josie tried
as an adult. What are the advantages to Josie of being tried in juvenile court?
Answers will vary. Society typically feels that juveniles should not be held as responsible as adults for their
criminal acts. Because of this belief, juvenile courts have wide discretionary powers in determining what should
44. Marlon lives in Seattle, Washington, and travels extensively on business trips throughout the country. While
in South Carolina he reads an advertisement for a classic 1959 BMW selling for $80,000. Because Marlon
collects rare and unique automobiles, he decides to locate the seller and examine the vehicle. After examining
the condition of the vehicle and its various options, he agrees to the selling price and gives the seller (Ted) a
check for $80,000. Ted agrees to have the car delivered to Marlon's home in Seattle within the next two weeks.
After three weeks, Marlon has not received his car, but his $80,000 check has been cashed. He contacts Ted, but
Ted says he will now need an additional $5,000 to pay for a driver to drive the car from South Carolina to
Seattle, Washington. Marlon decides to sue Ted to recover either the vehicle or the $80,000. In which court will
Marlon's attorney file the lawsuit? Explain why this court will have jurisdiction over the matter.
Marlon's attorney will need to file the case in a federal district court rather than a state court. Because Marlon
