Multiple Choice
1. The first thing a business with a civil dispute going to litigation must determine is:
a. which court has the power and authority to decide the case
b. the lowest settlement it is willing to take
c. how the press will view the case
d. how the case will affect profit margins
e. none of the other choices are correct
2. The U.S. Constitution provides that the judicial power (the court system) is:
a. determined by the Congress establishing such courts as it deems necessary
b. determined by the President with the advice and consent of the Senate
c. in one Supreme Court and in lower courts as the Supreme Court may establish
d. in one Supreme Court and in lower courts as Congress may establish
e. none of the other choices are correct
3. The U.S. Constitution provides that the judicial power (the court system) is:
a. determined by the Congress establishing such courts as it deems necessary
b. determined by the President with the advice and consent of the Senate
c. in one Supreme Court and in lower courts as the Supreme Court may establish
d. in one Supreme Court and in lower courts as the President may establish
e. none of the other choices are correct
4. The Supreme Court was created:
a. by the Constitution
b. by the Declaration of Independence
c. by England when the U.S. was a colony; it was retained when the nation was formed
d. by the Bill of Rights
e. by Congress in 1832
5. The Supreme Court was created:
a. by the President
b. by the Declaration of Independence
c. by England when the U.S. was a colony; it was retained when the nation was formed
d. by the Bill of Rights
e. none of the other choices are correct
6. The federal court system is a(n) system:
a. one-level
b. executive
c. legislative
d. three-level
e. four–level
7. The federal court system is a(n) system:
a. executive
b. single level
c. two-level
d. three-level
e. four–level
8. Which of the following are part of the federal court system:
a. U.S. district courts
b. U.S. courts of appeals
c. U.S. Supreme Court
d. all of the other specific choices are correct
e. none of the other specific choices are correct
9. If a federal judge is impeached from office:
a. they keep their salary for life
b. they are tried by the Senate
c. they are tried by the House
d. the President removes them from office
e. none of the other choices; they may not be impeached
10. If a federal judge is impeached from office:
a. they keep their salary for life
b. they are tried by the President
c. they are tried by the House
d. the President removes them from office
e. none of the other choices are correct
11. Federal judges are appointed for a term of:
a. four years
b. seven years
c. ten years
d. fourteen years
e. none of the other choices
12. Federal judges are appointed for:
a. a term of four years
b. life
c. a term of ten years
d. a term of fourteen years
e. none of the other choices
13. The guarantees federal judges the right to serve “during good behavior.”
a. Bill of Rights
b. Supreme Court
c. President
d. Constitution
e. judicial system
14. Federal judges are nominated by:
a. the Congress
b. the Senate
c. the state legislatures
d. the President
e. the House of Representatives
15. Federal judges may be impeached for:
a. treason
b. marital infidelity
c. inconsistency
d. refusal to say the Pledge of Allegiance
e. none of the other choices are correct
16. Federal judges may be impeached for:
a. bribery
b. marital infidelity
c. inconsistency
d. refusal to say the Pledge of Allegiance
e. none of the other choices are correct
17. Federal judges may be impeached for:
a. making politically incorrect statements
b. marital infidelity
c. inconsistency
d. refusal to say the Pledge of Allegiance
e. none of the other choices are correct
18. State judges:
a. are elected in non-partisan (no party affiliation) in some states
b. are elected in partisan (party) elections in some states
c. are appointed by the governor in some states
d. are selected by the legislature in some states
e. all of the other choices are correct
19. State judges can be:
a. elected
b. appointed
c. chosen by a method that mixes the election and appointment processes
d. all of the other specific choices can be correct
e. none of the other specific choices are correct
20. The Missouri System for choosing state judges:
a. is an example of a system that mixes the election and appointment processes
b. is an example of a system that uses the election process
c. is an example of a system that uses the appointment process
d. is an example of a system that does not work
e. is an example of an internationally accepted system
21. In the Missouri System for choosing state judges:
a. the state bar association has a committee to recommend candidates for the bench
b. the Supreme Court recommends candidates for the bench
c. the Missouri Legislature recommends candidates for the bench
d. the Kansas Legislature recommends candidates for the bench
e. the general public recommends candidates for the bench through the voting process
22. In the Missouri System for choosing state judges:
a. a judge appointed by the governor serves until the next election at which point the public votes for or against
him
b. a judge is appointed by the general public
c. a judge appointed by the state legislature serves until the next election at which point the public votes for or
against him
d. a judge is appointed by the judge who previously held the position
e. the senators from Missouri appoint a judge
23. Unlike federal judges, most state judges:
a. serve for life
b. cannot be impeached
c. can only be impeached for criminal offenses
d. serve for a fixed term
e. cannot be married
24. Unlike federal judges, most state judges:
a. serve for life
b. cannot be impeached
c. can only be impeached for criminal offenses
d. cannot be married
e. none of the other choices are correct
25. Rhode Island is unique in that it allows its state judges to:
a. be married
b. speak out against the President
c. serve for life
d. serve for more than 5 years
e. be reelected twice
26. The doctrine of judicial immunity means judges may:
a. commit crimes and not be punished
b. act as diplomats for the U.S.
c. be sued in their capacity as judges only if they exhibit “clear bias” toward one party in a case they hear
d. be sued for negligent application of the law
e. not be sued for damages that result from their judicial acts
27. The doctrine of judicial immunity means judges may:
a. commit crimes and not be punished
b. act as diplomats for the U.S.
c. be sued in their capacity as judges only if they exhibit “clear bias” toward one party in a case they hear
d. be sued for negligent application of the law
e. none of the other choices are correct
28. The doctrine of judicial immunity protects judges‘ ability to:
a. respond to public opinion
b. be independent decision makers
c. work from home
d. be influenced by political parties
e. none of the other choices are correct
29. The doctrine that protects judges from suits for damages for judicial acts is called:
a. the doctrine of judicial worth
b. the doctrine of judicial privilege
c. the doctrine of judicial knowledge
d. the doctrine of judicial immunity
e. the doctrine of judicial cause
30. The doctrine that protects judges from suits for damages for judicial acts is called:
a. the doctrine of judicial worth
b. the doctrine of judicial privilege
c. the doctrine of judicial knowledge
d. the doctrine of judicial cause
e. none of the other choices is correct
e. none of the other choices are correct
31. Besides judges, the doctrine of judicial immunity also applies to:
a. the plaintiff
b. parties who perform services that are related to the performance of judicial functions
c. the defendant
d. parties who have vested interests in the case
e. none of the other choices are correct
32. In Davis v. West, where Davis sued the receiver who was appointed to collect the money she owed Houston
Reporting Service (HRS), the appeals court held that:
a. Davis did not have a case because the receiver was protected by derived judicial immunity
b. Davis did not have a case because the receiver was protected by diplomatic immunity
c. Davis did not have a case because the receiver was a judge
d. Davis did not have a case because the receiver was not court appointed
e. Davis had a case because the receiver was not protected by derived judicial immunity
33. In Davis v. West, where Davis sued the receiver who was appointed to collect the money she owed Houston
Reporting Service (HRS), the appeals court held that the receiver was:
a. not guilty of abuse of process because he was protected by diplomatic immunity
b. not guilty of abuse of process because he was protected by derived judicial immunity
c. not guilty of abuse of process because he was protected by reasonable immunity
d. not guilty of abuse of process because he was a member of the state legislature
e. none of the other choices are correct
34. In Davis v. West, where Davis sued the receiver who was appointed to collect the money she owed Houston
Reporting Service (HRS), Radoff, the court appointed receiver, was protected from Davis‘s suit for abuse of
process by:
a. derived diplomatic immunity
b. derived judicial immunity
c. derived legislative immunity
d. derived service immunity
e. derived receiver immunity
35. Original jurisdiction means power to:
a. revise or correct proceedings by a lower court
b. accept a lawsuit, try it, and pass judgment
c. remove a lawsuit from a court to arbitration
d. appoint special prosecutors to investigate a case of alleged abuse
e. legally create disputes
36. Original jurisdiction means power to:
a. revise or correct proceedings by a lower court
b. remove a lawsuit from a court to arbitration
c. appoint special prosecutors to investigate a case of alleged abuse
d. legally create disputes
37. Both state and federal court systems have lower courts of , where disputes are first brought and tried.
a. appellate judgment
b. appellate jurisdiction
c. original jurisdiction
d. final jurisdiction
e. original crime
38. Both state and federal court systems have lower courts of , where disputes are first brought and tried.
a. appellate judgment
b. appellate jurisdiction
c. initial jurisdiction
d. final jurisdiction
e. none of the other choices are correct
39. Both state and federal court systems have courts of
for review.
a. original judgment
b. appellate judgment
c. original jurisdiction
d. appellate jurisdiction
e. final jurisdiction
, where the decisions of a lower court case can be taken
40. Both state and federal court systems have courts of
for review.
a. original judgment
b. appellate judgment
c. original jurisdiction
d. final jurisdiction
e. none of the other choices are correct
, where the decisions of a lower court case can be taken
41. In both the federal and state systems, the courts of original jurisdiction are:
a. trial courts
b. supreme courts
c. tort courts
d. defense courts
e. criminal courts
42. There is (are) judge(s) presiding in a court of original jurisdiction.
a. one
b. two
c. three
d. more than three
e. between two and five, depending on the case
43. There is (are) judge(s) presiding in a court of original jurisdiction.
a. five
b. nine
c. three
d. more than three
e. none of the other choices are correct
44. The majority of litigation occurs in the:
a. state courts
b. federal courts
c. representative courts
d. county courts
e. none of the other choices are correct
45. In the American court system:
a. there is a federal system and a similar system of trial and appeals courts in each state
b. all state court decisions can be appealed to U.S. Courts of Appeal
c. federal court precedents must be followed by state courts
d. state supreme court decisions may not be appealed to the U.S. Supreme Court
e. all of the other choices are correct
46. The Constitution intends for the judiciary to have:
a. no independence from the other parts of the government
b. limited independence from the other parts of the government
c. significant independence from the other parts of the government
d. its own governmental structure
e. none of the other choices are correct
47. The Constitution intends for the judiciary to have:
a. no independence from the other parts of the government
b. limited independence from the other parts of the government
c. a close partnership with the other parts of the government
d. Its own governmental structure
e. none of the other choices are correct
48. The Constitution intends for the judiciary to have significant independence from the other parts of the government
as part of:
a. the system of checks and balances
b. the system of power checking
c. the system of judicial influence
d. the system of equality and fairness
e. none of the other choices are correct
49. Most federal judges are:
a. appointed by the House of Representatives
b. elected by senators
c. elected in general elections
d. appointed by the Vice President
e. appointed by the President
50. Most federal judges are:
a. appointed by the House of Representatives
b. elected by senators
c. elected in general elections
d. appointed by the Vice President
e. none of the other choices are correct
51. Most federal judges must be both appointed by the President and:
a. confirmed by the Senate
b. confirmed by the House of Representatives
c. confirmed by the Vice President
d. confirmed by the Speaker of the House
e. none of the other choices is correct
52. Most federal judges must be both appointed by the President and:
a. confirmed by popular vote in a general election
b. confirmed by the House of Representatives
c. confirmed by the Vice President
d. confirmed by the Speaker of the House
e. none of the other choices is correct
53. judges are the only federal judges not appointed by the President.
a. district court
b. bankruptcy court
c. appellate court
d. Supreme Court
e. none of the other choices are correct
54. judges are the only federal judges not appointed by the President.
a. district court
b. Federal Circuit Court of Appeals
c. Supreme Court
d. U.S. Courts of Appeals
e. none of the other choices are correct
55. In the American court system:
a. there is a federal system and a similar system of trial and appeals courts in each state
b. federal court precedents must be followed by state courts
c. state supreme court decisions may not be appealed to the U.S. Supreme Court
d. none of the three specific choices are correct
e. all of the three specific choices are correct
56. Which court(s) in the federal court system uses juries?
a. the U.S. appellate courts
b. the U.S. district courts
c. the U.S. Claims Court
d. the U.S. Court of International Trade
e. all federal courts, except the Supreme Court, use juries
57. Which courts are the courts of original jurisdiction in the federal court system?
a. the circuit courts
b. the appeals courts
c. the district courts
d. only the Supreme Court has original jurisdiction
e. all courts in the federal system have original jurisdiction
58. U.S. district courts:
a. are not found in each state
b. do not use juries
c. are the trial courts of the federal system
d. have five-judge panels for exceptional situations
e. all of the other choices are true
59. Federal trial courts are called:
a. district courts
b. municipal courts
c. superior courts
d. claims courts
e. none of the other choices are correct
60. 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. district courts
d. the state district courts
e. the state municipal courts