Chapter 3 1 State Courts Last Resort Iv Judicial Selection

CHAPTER THREE. COURT ORGANIZATION

LEARNING OBJECTIVES

• To understand the role of federalism in court organization

• To understand the difference between constitutional and legislative courts in the federal

court system

CHAPTER SUMMARY

The chapter begins with a discussion of the role federalism plays in our judicial system

and how it affects court organization. The chapter proceeds to discuss the two types of federal

courts—constitutional and legislative—and what the differences are between the two.

Jurisdiction of federal courts in general is also discussed. The chapter next discusses a typical

state court system. Because each state court system is unique, it is only possible to describe state

courts in very general terms. The distinction between courts of limited jurisdiction and general

jurisdiction is explained.

CHAPTER OUTLINE

I. Introduction

II. The Federal Court System

A. Constitutional Courts

B. Legislative Courts

III. State Court Systems

A. Courts of Limited Jurisdiction

1. Justice of the Peace and Municipal Courts

2. Small Claims and Juvenile Courts

3. County Courts

C. Appellate Courts

1. Intermediate Appellate Courts

2. State Courts of Last Resort

IV. Judicial Selection

A. Selection of Federal Judges

1. General Criteria of Presidential Selection

2. Nomination and Confirmation Process

B. Selection of State Judges

V. Removal of Judges

A. Removal of Federal Judges

1. Impeachment

2. Recent Examples

VI. Republican Party of Minnesota v. White

A. Background of the Case

B. Ruling in the Case

C. Analysis of the Case

VII. Conclusion

TERMS/CONCEPTS/PEOPLE

Jurisdiction Courts of limited jurisdiction Constitutional courts

Courts of general jurisdiction Appellate courts Territorial courts

Legislative courts U.S. Court of International Trade U.S. Tax Court

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for Veterans Claims Personal jurisdiction

U.S. Court of Appeals for Armed Forces Final jurisdiction

U.S. Foreign Intelligence Surveillance Court Right of appeal

U.S. Foreign Intelligence Court of Review Missouri Plan

U.S. Courts of Appeals a/k/a Circuit Courts Probate courts

Legislative address U.S. Removal Court Senior judges

Trial de novo Quo warranto proceedings Appellate jurisdiction

Municipal courts Justice of Peace courts Exclusive jurisdiction

CHAPTER TEST QUESTIONS

Multiple Choice Questions

1. Article III courts include which of the following?

A. Federal District Courts;

B. U.S. Supreme Court;

C. Court of Appeals for the Federal Circuit;

D. All of the above;

E. None of the above.

2. Judge Bigot made sexist statements to the attorneys from the bench. She could be removed from office

by:

A. Legislative address;

B. Quo warranto proceedings;

C. Judicial Conduct Boards with proper authority;

D. All of the above.

E. None of the above.

3. Which of the following does not accurately describe our judicial system?

A. Adversarial;

B. Passive;

C. Apolitical;

D. Limited as to authority;

E. All of the above.

4. The president nominates and the Senate approves all federal judges except:

A. Bankruptcy judges;

B. Judges of the U.S. Court of Appeals for Armed Services;

C. Judges of the Court of Appeals for the Federal Circuit;

D. Magistrate judges;

E. A and D.

5. Federal courts‘ jurisdiction over bankruptcy and admiralty cases is:

A. Concurrent;

B. Exclusive;

C. Appellate only;

D. Geographical only;

E. Nonexistent.

6. In any given year, the largest number of cases is heard in the:

A. United States Supreme Court;

B. State courts of last resort;

C. United States district courts;

D. State trial courts;

E. Article I courts.

7. A plan for selection of judges that combines nomination by commission, appointment by the governor,

and election by the people is called the:

A. Texas Plan;

B. Missouri Plan;

C. New England Plan;

D. South Carolina Plan;

E. New Mexico Plan.

8. Which of the following is correct?

A. Original jurisdiction refers to the power of the court to initially decide a case;

B. Exclusive jurisdiction exists when one court or level of court has authority to decide a particular

case;

C. Final jurisdiction refers to the court of last resort;

D. Concurrent jurisdiction exists when two courts share power;

E. All of the above.

9. Which of the following may influence judicial elections?

A. Money that comes in the form of campaign contributions from potential

litigants;

B. Name recognition even if the name is actually known because of someone prominent in another

field;

C. Lack of specific knowledge of the judge‘s record on the part of the public;

D. All of the above;

E. None of the above.

10. Appellate courts:

A. Have only one judge;

B. Decide the facts;

C. Have juries;

D. Primarily decide cases under original jurisdiction;

E. None of the above.

Answer: E

11. The function of an appellate judge is to:

A. Assist the parties in selecting a jury;

B. Render the initial decision in the case;

C. Determine the facts and apply the law;

D. Review the decisions of the lower court to determine if the law was properly applied;

E. All of the above.

12. The role of senatorial courtesy in judicial appointments is most important at which level of

federal courts?

A. Supreme Court;

B. Courts of Appeals;

C. District Courts;

D. Magistrate judges;

E. Bankruptcy judges.

13. State law is important because:

A. It decides more questions that touch people personally;

B. It cannot be overridden by federal statutes;

C. It allows the federal government to take care of the really important issues in our lives;

D. All of the above;

E. None of the above.

14. State court judges, either appointed or elected, often have a very long tenure in office. Judges

generally may be removed from office through;

A. Impeachment by the appropriate body;

B. Legislative address in which the legislature merely passes a bill removing the individual from office;

C. Recall that involves a special election held after the gathering of the requisite number of signatures on

a petition;

D. Action by a judicial disciplinary board after the judge has been given procedural due process in the

form of a hearing;

E. All of the above.

15. Popular election of judges:

A. Occurs at all levels of American courts;

B. Occurs in many states courts but not in federal courts;

C. Has been suggested as a reform but is not currently used;

D. Occurs only in federal courts;

E. Has been totally supplanted by the Missouri Plan.

Essay Questions

1. Define jurisdiction and its elements. Identify and give examples of various types of

jurisdiction.

2. Identify and discuss the five-tiers of the state court system including, but not limited to, the

jurisdiction of each court and the qualifications of the judges.

3. Trace the route of an appeal through the state courts from a justice of the peace court.

4. Identify and then compare and contrast Article I and Article III courts, giving specific

examples of each.

5. Discuss Article III courts and their jurisdiction.

6. Discuss the process of judicial selection on both the federal and state levels.

7. Identify and discuss the removal of judges.