61. Most cases involving questions of federal law originate in:
a. the U.S. superior courts
b. the U.S. claims courts
c. the U.S. municipal courts
d. the state district courts
e. none of the other choices are correct
62. There is at least one federal district court for each:
a. state
b. county
c. major city
d. capital city
e. Congressional district
63. There are federal districts in the court system.
a. 14
b. 50
c. 100
d. 94
e. 3
64. There are federal districts in the court system.
a. 14
b. 50
c. 100
d. 200
e. none of the other choices are correct
65. Magistrates are:
a. judicial officers who serve in federal trial courts
b. judicial assistants who file paperwork
c. judicial reporters
d. judicial representatives
e. voter-elected judges
66. Judicial officers who serve in federal trial courts are called:
a. judicial assistants
b. magistrates
c. special judges
d. official judges
e. judicial representatives
67. Magistrates can hear cases on:
a. discovery disputes
b. habeas corpus petitions
c. civil rights claims filed by prisoners
d. all of the other specific choices can be correct
e. none of the other specific choices are correct
68. When authorized by the Judicial Conference of the United States, federal judges may:
a. appoint one or more magistrate for a one year term
b. only appoint magistrates after serving for at least five years
c. appoint one or more magistrate for eight year terms
d. appoint one or more magistrates who “serve at their pleasure”
e. chose which cases they want to hear
69. If both parties agree, a case can be tried by a magistrate instead of a district judge. This generally happens when:
a. there is a backlog of cases in the courts and the parties want a quick trial
b. there is bad feeling between the district judge(s) and one or more of the attorneys
c. one of the parties involved is a minor
d. both of the parties involved are minors
e. none of the other choices are correct
70. If both parties agree, a case can be tried by a magistrate instead of a district judge. This generally happens when:
a. the parties involved have religious conflicts with the days the district court can hear their case
b. there is bad feeling between the district judge(s) and one or more of the attorneys
c. one of the parties involved is a minor
d. both of the parties involved are minors
e. none of the other choices are correct
71. Magistrates may not try cases unless:
a. both parties agree
b. at least one party agrees
c. the Supreme Court agrees
d. the arresting officer agrees
e. the prosecuting attorney agrees
72. Magistrates cannot try cases in the place of a district judge unless both parties agree because:
a. magistrates are not true judicial officials
b. magistrates are not appointed under Article III of the Constitution
c. magistrates are appointed under Article III of the Constitution
d. magistrates are appointed under Article I of the Constitution
e. magistrates are not appointed under Article IV of the Constitution
73. Federal appellate courts are called:
a. superior courts
b. intermediate courts
c. district courts
d. courts of appeal
e. none of the other choices are correct
74. Federal appellate courts are called:
a. superior courts
b. intermediate courts
c. district courts
d. courts of appearance
e. none of the other choices are correct
75. Which of the following is true about the federal appeals courts?
a. there are ten circuit courts of appeals
b. courts of appeals usually assign three-judge panels to review decisions of district courts
c. the U.S. government does not have the right to appeal any decision lost at district court
d. the judges must retire at age 65
e. all of the other choices are true
76. Which of the following is true about the federal appeals courts?
a. there are twelve circuit courts of appeals not counting the federal circuit
b. courts of appeals usually assign three-judge panels to review decisions of district courts
c. the U.S. government does not have the right to appeal a decision in a criminal case
d. the judges are appointed until they reach age 70, but they may hear cases after age 70
e. all of the other choices are correct
77. Not counting the Federal Circuit, there are geographically-based U.S. circuit courts of appeals.
a. three
b. ten
c. twelve
d. fifteen
e. fifty
78. Cases come to the court of appeals when:
a. one of the parties to the litigation is not satisfied with a federal district court‘s decision
b. one of the parties to the litigation is a minor
c. one of the parties to the litigation is a minority
d. one of the parties to the litigation has a previous criminal record
e. none of the other choices are correct
79. If one of the parties to the litigation is not satisfied with a federal district court’s decision, it has the right to appeal to
the court of appeals for the circuit in which that district court is located. The one exception to this is:
a. cases involving custody of children
b. previously convicted criminals may not appeal a verdict in a criminal case
c. minors may not appeal a verdict
d. the U.S. government may not appeal a verdict in a criminal case
e. none of the other choices are correct
80. If one of the parties to the litigation is not satisfied with a federal district court’s decision, it has the right to appeal to
the court of appeals for the circuit in which that district court is located. The one exception to this is:
a. cases involving custody of children
b. previously convicted criminals may not appeal a verdict in a criminal case
c. minors may not appeal a verdict
d. the plaintiff may not appeal a verdict in a civil case
e. none of the other choices are correct
81. An en banc proceeding is when:
a. all the active judges in a circuit hear a case
b. only one of the active U.S. courts of appeals judges in a circuit hears a case
c. only one of the active U.S. courts of appeals judges in a circuit hears a case regarding bankruptcy
d. two of the active U.S. courts of appeals judges in a circuit hear a case
e. a case is given to a magistrate for trial
82. An en banc proceeding is when:
a. a case is given to a magistrate for trial
b. only one of the active U.S. courts of appeals judges in a circuit hears a case
c. only one of the active U.S. courts of appeals judges in a circuit hears a case regarding bankruptcy
d. two of the active U.S. courts of appeals judges in a circuit hear a case
e. none of the other choices are correct
83. Sometimes, in the U.S. courts of appeals, all the active judges in a circuit will hear a case. This is called:
a. a full hearing
b. an en banc proceeding
c. a stare decisis proceeding
d. a complete hearing
e. an entire proceeding
84. Sometimes, in the U.S. courts of appeals, all the active judges in a circuit will hear a case. This is called:
a. a precedential hearing
b. an entire proceeding
c. a stare decisis proceeding
d. a complete hearing
e. none of the other choices are correct
85. Federal courts of limited or special jurisdiction include:
a. the Federal Probate Court
b. the Court of Appeals for the Federal Circuit
c. Courts of Common Pleas
d. the Star Chamber
e. the D.C. Circuit Court of Appeals
86. Federal courts of limited or special jurisdiction include:
a. federal district courts
b. Courts of Common Pleas
c. the Star Chamber
d. the D.C. Circuit Court of Appeals
e. none of the other choices are correct
87. Federal courts of limited or special jurisdiction include:
a. federal district courts
b. Courts of Common Pleas
c. the Star Chamber
d. the D.C. Circuit Court of Appeals
e. U.S. Bankruptcy Courts
88. Federal courts of limited or special jurisdiction include:
a. federal district courts
b. U.S. Court of International Trade
c. the Star Chamber
d. the D.C. Circuit Court of Appeals
e. none of the other choices are correct
89. Federal courts of limited or special jurisdiction include:
a. U.S. Bankruptcy Courts
b. U.S. Court of International Trade
c. U.S. Court of Federal Claims
d. all of the other specific choices are correct
e. none of the other specific choices are correct
90. The U.S. Tax Court is part of the :
a. legislative branch of government
b. executive branch of government
c. judicial branch of government
d. regional branch of government
e. local branch of government
91. The Court of Appeals for the Federal Circuit has jurisdiction:
a. in Washington, D.C.
b. in New York City
c. nationwide
d. in the eastern half of the country
e. in suits brought against federal judges
92. The Court of Appeals for the Federal Circuit has jurisdiction only:
a. in Washington, D.C.
b. in New York City
c. in the western half of the country
d. in suits brought against federal judges
e. none of the other choices are correct
93. Although it has nationwide jurisdiction, the Court of Appeals for the Federal Circuit primarily hears appeals from
the district courts involving:
a. patent cases
b. trademark cases
c. copyright cases
d. all of the other specific choices are correct
e. none of the other specific choices are correct
94. Although it has nationwide jurisdiction, the Court of Appeals for the Federal Circuit primarily hears appeals from
the district courts involving:
a. tax, tort and bankruptcy cases
b. patent, trademark and copyright cases
c. criminal cases
d. all of the other specific choices are correct
e. none of the other specific choices are correct
95. The U.S. Supreme Court:
a. was created by Congress
b. hears all appeals made from the federal district courts
c. hears all appeals made from the federal appeals courts
d. must have nine justices
e. none of the other choices are correct
96. The U.S. Supreme Court:
a. was created by the U.S. Constitution
b. hears all appeals made from the federal district courts
c. hears all appeals made from the federal appeals courts
d. must have nine justices
e. all of the other choices are correct
97. The U. S. Supreme Court was created by:
a. the Constitution
b. vote of 2/3 of the states
c. vote of a majority of the states
d. the President with the approval of the Senate
e. the President with the approval of both houses of Congress
98. The U. S. Supreme Court was created by:
a. vote of 2/3 of the states
b. vote of a majority of the states
c. the President with the approval of the Senate
d. the President with the approval of both houses of Congress
e. none of the other choices are correct
99. The highest court in the United States is the:
a. federal district court
b. Court of Appeals for the Federal Circuit
c. Court of Presidential Appeals
d. Supreme Court
e. Court of International Justice
100. The highest court in the United States is the:
a. Court of Appeals for the D.C. Circuit
b. Court of Appeals for the Federal Circuit
c. Court of Presidential Appeals
d. Court of International Justice
e. none of the other choices are correct
101. The U.S. Supreme Court is primarily:
a. an executive court
b. an appellate review court
c. an original jurisdiction court
d. a district court
e. a high court
102. The U.S. Supreme Court is primarily:
a. an executive court
b. a high court
c. an original jurisdiction court
d. a district court
e. none of the other choices are correct
e. none of the other choices are correct
103. The U.S. Supreme Court may review appeals from:
a. the U.S. district courts
b. the U.S. courts of appeals
c. the highest courts of the states
d. all of the other specific choices are correct
e. none of the other specific choices are correct
104. Congress may change the U.S. Supreme Court’s appellate jurisdiction, but it cannot:
a. change the Court‘s original jurisdiction conferred upon it by the Constitution
b. change the Court’s original jurisdiction conferred upon it by the Bill of Rights
c. change the Court’s original jurisdiction conferred upon it a writ of certiorari
d. change the Court‘s final jurisdiction conferred upon it by the Constitution
e. change the Court‘s ultimate jurisdiction conferred upon it by the Constitution
105. If the U.S. Supreme Court accepts a case on appeal it:
a. grants a writ of certiorari
b. grants original jurisdiction
c. grants exclusive jurisdiction
d. asserts trial de novo
e. none of the other choices are correct
106. If the U.S. Supreme Court accepts a case on appeal it:
a. grants a brief of appeal
b. grants original jurisdiction
c. grants exclusive jurisdiction
d. asserts trial de novo
e. none of the other choices are correct
107. In some rare instances, the U.S. Supreme Court has:
a. appellate jurisdiction
b. jurisdiction over state law matters
c. original and exclusive jurisdiction
d. decisive jurisdiction
e. to accept all appeals from appellate courts
108. An example of an instance in which the U.S. Supreme Court would have original and exclusive jurisdiction is:
a. a dispute between two businesses
b. a dispute with a foreign country
c. a dispute between two foreign parties
d. a dispute between two state governments
109. The Supreme Court:
a. selects appeals at the Court’s discretion
b. must review cases involving constitutional issues
c. must review cases involving conflicting decisions among the courts of appeal
d. must review the constitutionality of international treaties
e. none of the other choices are correct
110. The Supreme Court:
a. selects appeals at the Court’s discretion
b. must review cases involving constitutional issues
c. must review cases involving conflicting decisions among the courts of appeal
d. certifies the election of the members of Congress
e. none of the other choices are correct
111. To obtain appellate review from the U.S. Supreme Court a party must:
a. petition the court for a writ of certiorari
b. petition the court for a writ of stare decisis
c. petition the court for a writ of appellation
d. petition the court for a pardon
e. petition the court for judgment
112. For the Supreme Court to agree to review a case:
a. at least two justices must agree to review the case
b. at least four justices must agree to review the case
c. only one justice must agree to review the case
d. the President must ask the Court to review the case
e. none of the other choices are correct
113. If three Supreme Court justices agree to review a case:
a. the case goes back to the lower courts for reconsideration
b. the case will be reviewed by the Supreme Court
c. the decision of the lower court becomes final
d. the decision of the lower court is reversed
e. none of the other choices are correct
114. In contrast to most state high courts, the U.S. Supreme Court:
a. issues 300–400 opinions per term
b. issues only 5 opinions per term
c. issues about 70–80 opinions per term
d. issues thousands of opinions per term
e. none of the other choices are correct
115. Like most European countries, France is:
a. a civil-law country
b. a appellate decision country
c. a stare decisis country
d. a common-law country
e. a tort-law country
116. Since France is a civil-law country, its legal system is based on:
a. judge-made common law
b. judge-made civil law
c. written law
d. unwritten law
e. none of the other choices are correct
117. The French court system:
a. has a similar appeals process to the U.S. system
b. is based on the English court system
c. is based on the common law
d. has only one appellate court.
e. has a very different appellate process from the U.S.
e. none of the other choices are correct
118. The French court system:
a. has a similar appeals process to the U.S. system
b. is based on the English court system
c. is based on the common law
d. has only one appellate court.
e. none of the other choices are correct
119. In the French court system, the top court, cour de cessation:
a. does not have the authority to pronounce judgment
b. may strike down any act of the legislature or the president
c. may pronounce new sections of the codes to replace existing code sections
d. may reverse decisions of the International Court of Justice
e. all of the other choices are correct
120. In the French court system, the top court, cour de cessation:
a. has the power to pronounce judgment on appeals from all levels of courts
b. may strike down any act of the legislature or the president
c. may pronounce new sections of the codes to replace existing code sections
d. may reverse decisions of the International Court of Justice