Business & Finance Chapter 2 Federal judges are nominated by the President and confirmed by the Senate

subject Type Homework Help
subject Pages 14
subject Words 2873
subject Authors Al H. Ringleb, Frances L. Edwards, Roger E. Meiners

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True / False
1. With the exception of the U.S. Supreme Court, Congress has the power to abolish and create federal courts.
a. True
b. False
2. The Constitution created the U.S. Supreme Court and authorized it to establish lower courts as needed.
a. True
b. False
3. Federal judges are nominated by the President and confirmed by the Senate.
a. True
b. False
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4. In the history of the United States, over 200 judges have been removed from the office of federal judge.
a. True
b. False
5. When a federal judge is impeached from office, the trial is heard by the Supreme Court, unless a Supreme Court
judge is involved.
a. True
b. False
6. Federal judges can retire at age 70 but then keep working as a judge.
a. True
b. False
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7. Several times over the years, Congress has punished federal courts for decisions Congress did not like by cutting
the salary of judges.
a. True
b. False
8. All state supreme court judges are elected.
a. True
b. False
9. State judges, unlike federal judges, are generally not appointed for life.
a. True
b. False
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10. In some states, judges are elected in partisan (party) elections.
a. True
b. False
11. In some states, judges are appointed by the governor.
a. True
b. False
12. If a judge makes a clearly incorrect decision in a case (called "gross error of law") he or she may be liable for the
damages caused.
a. True
b. False
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13. Judges are protected from damages caused by bad decisions they make on the bench by judicial immunity.
a. True
b. False
14. If a judge shows personal bias toward a party in a case, the judge may not be sued for the bias.
a. True
b. False
15. Trial courts at both the federal and state level are called courts of original jurisdiction.
a. True
b. False
16. By definition, the only court of "original jurisdiction" in the U.S. is the U.S. Supreme Court.
a. True
b. False
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17. In Davis v. West, where Davis was sued for not having paid a bill and a court-appointed receiver took money from
a bank account owned by Davis, the receiver was held personally liable for removing the funds improperly without
notice.
a. True
b. False
18. In Davis v. West, where Davis sued a court-appointed receiver, the appeals court noted that when a person acts on
behalf of a court, they receive judicial immunity.
a. True
b. False
19. Juries are used in state courts, but not in federal court.
a. True
b. False
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20. Every state has one federal district court judge, for a total of 50 in the U.S.
a. True
b. False
21. The only federal courts in which a jury is used are the courts of appeals.
a. True
b. False
22. There are twelve geographically based U.S. courts of appeals.
a. True
b. False
23. There is no right of appeal in a criminal case lost by the government at the district court trial.
a. True
b. False
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24. In most federal court of appeals cases, three judges hear the appeals.
a. True
b. False
25. Most federal court of appeals cases are reviewed by the Supreme Court.
a. True
b. False
26. The federal government does not have the right to appeal involving a court judgment in a civil case.
a. True
b. False
27. Appeals of decisions of regulatory agencies must go to the federal district court in the District of Columbia.
a. True
b. False
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28. A specialized court in the federal court system is the Court of Appeals for the Federal Circuit.
a. True
b. False
29. The Court of Appeals for the Federal Circuit has national jurisdiction.
a. True
b. False
30. The Court of Appeals for the Federal Circuit specializes in cases involving securities law and claims against the
U.S. government.
a. True
b. False
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31. The highest court in France, the cour de cessation, in general has much more power than does the U.S. Supreme
Court.
a. True
b. False
32. In some matters, such as a dispute between two state governments, the U.S. Supreme Court has original and
exclusive jurisdiction.
a. True
b. False
33. A writ of certiorari directs a lower court to send up the record of a case for review by the Supreme Court.
a. True
b. False
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34. A writ of mandamus directs a lower court to send up the record of a case for review by the Supreme Court.
a. True
b. False
35. Any one member of the Supreme Court can accept a case for the Court to hear.
a. True
b. False
36. Four justices must agree to hear an appeal to the Supreme Court for it to be placed on the Court docket.
a. True
b. False
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37. The U.S. Supreme Court must accept appeals from state supreme courts when there is a conflict of laws between
two or more states.
a. True
b. False
38. There is a right of appeal of all lower court decisions to either the U.S. or a state supreme court.
a. True
b. False
39. Because it is an appellate court, the U.S. Supreme Court has no original jurisdiction.
a. True
b. False
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40. Nearly all appeals to the Supreme Court are accepted at its discretion.
a. True
b. False
41. In most years, the Supreme Court hears and decides about 20 cases.
a. True
b. False
42. State courts, in contrast to federal courts, are known as court of limited jurisdiction.
a. True
b. False
43. The Constitution requires each state court system to have appeals courts and a supreme court.
a. True
b. False
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44. The American court system contains two interrelated systems of courts: the English-style, private law courts and
the federal, public law courts.
a. True
b. False
45. In the federal and state systems, the only courts with general jurisdiction are the U.S. and state supreme courts.
a. True
b. False
46. Only state court systems, not the federal court system, have courts of original jurisdiction.
a. True
b. False
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47. Like the federal court system, state courts have a system of appellate courts and courts of original jurisdiction.
a. True
b. False
48. Courts of general jurisdiction are appellate courts with authority to hear all appeals from lower, more specialized,
courts.
a. True
b. False
49. All courts have general jurisdiction.
a. True
b. False
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50. One advantage of small claims courts is that they are less formal than regular courts.
a. True
b. False
51. Small claims courts in all states may not hear cases involving amounts in dispute over $1,000.
a. True
b. False
52. By constitutional rules of fairness, there may be no dollar limit, upper or lower, set on the value of cases that must
be heard by trial courts.
a. True
b. False
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53. At the state level, there is always a right of review up to the supreme court level.
a. True
b. False
54. A decision of a state's highest court may be appealed to the U.S. Supreme Court.
a. True
b. False
55. State court systems are all, by constitutional law, like the federal system, with trial courts, courts of appeal, and a
supreme court.
a. True
b. False
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56. State law may limit the right of citizens to bring certain cases to certain courts for resolution.
a. True
b. False
57. The plaintiff is the party who initiates a lawsuit.
a. True
b. False
58. The Federal Rules of Civil Procedure were adopted by Congress in 1984 in an effort to reform the federal
judiciary, which had become outdated in procedures.
a. True
b. False
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59. The Federal Rules of Civil Procedure are used in many state court systems to set procedure in state courts.
a. True
b. False
60. Jurisdiction means the "power to speak of the law" by a court.
a. True
b. False
61. Jurisdiction means the "authority of government" by a court.
a. True
b. False
62. It is the responsibility of the plaintiff to determine the proper court in which to file a legal action.
a. True
b. False
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63. A plaintiff who wants to bring a lawsuit must go to a court that has subject matter jurisdiction and jurisdiction over
the defendant.
a. True
b. False
64. Subject-matter jurisdiction is a constitutional or statutory limitation on the disputes a court can resolve.
a. True
b. False
65. Federal courts have limited jurisdiction and are empowered to hear only those cases within the judicial power of the
United States.
a. True
b. False

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