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1. A trial court generally has three judges who preside in a case.
a. True
b. False
2. An appellate court's role is to take additional evidence after a trial has ended.
a. True
b. False
3. The trial transcript, trial evidence, and appellate briefs are generally not available to the appellate court.
a. True
b. False
4. A brief is written by the trial judge.
a. True
b. False
5. An appellate court reversal requires a unanimous vote by the reviewing judges.
a. True
b. False
6. When a case is remanded, the lower court must conduct additional proceedings.
a. True
b. False
7. The number of appeals to the United States Supreme Court is the same as the number granted certiorari.
a. True
b. False
8. A plaintiff cannot begin a lawsuit until the court finds there is good cause for filing the suit.
a. True
b. False
9. The party who appeals a decision is called an appellant.
a. True
b. False
10. In personam jurisdiction is the authority of a court over the subject matter of the case.
a. True
b. False
11. Decisions of the federal district court are reported in the Federal Reporter.
a. True
b. False
12. Federal district courts are courts of original jurisdiction.
a. True
b. False
13. There are 13 federal judicial circuits.
a. True
b. False
14. Decisions of the U.S. Courts of Appeal are reported in the Federal Supplement.
a. True
b. False
15. The U.S. Court of Appeals is a court of original jurisdiction.
a. True
b. False
16. The U.S. Supreme Court has no original jurisdiction.
a. True
b. False
17. The opinions of the U.S. Supreme Court must be unanimous.
a. True
b. False
18. State supreme court decisions can be appealed to the U.S. Supreme Court.
a. True
b. False
19. Small claims courts are state courts of original jurisdiction in which minimal damage suits are tried.
a. True
b. False
20. Regional reporters carry the opinions of state appellate and supreme court decisions.
a. True
b. False
21. A court that has subject matter jurisdiction over a case also has in personam jurisdiction over the case.
a. True
b. False
22. Long-arm statutes give courts power to take jurisdiction over parties in other states in some cases.
a. True
b. False
23. The doctrine of "minimum contacts" is one of fairness in extending in personam jurisdiction.
a. True
b. False
24. On appeal, respondent is another name for appellant.
a. True
b. False
25. All states have a general trial court of original jurisdiction.
a. True
b. False
26. The principle of stare decisis requires that all similar cases be decided the same way.
a. True
b. False
27. A court can have in personam jurisdiction over an out-of-state defendant by the defendant's consent.
a. True
b. False
28. Federal district courts are the general trial courts of the federal system.
a. True
b. False
29. An appellate court has the authority to order a new trial.
a. True
b. False
30. The International Court of Justice can compel parties to appear before it.
a. True
b. False
31. The federal courts in the United States have jurisdictional authority over all cases, parties, and disputes in which a
U.S. firm is involved.
a. True
b. False
32. Generally, three judges review a case at the court of appeals level in both the state and federal levels.
a. True
b. False
33. A case that is remanded requires further procedures.
a. True
b. False
34. If any mistake is made in a case, it is reversible error.
a. True
b. False
35. State supreme courts have original jurisdiction in some circumstances.
a. True
b. False
36. Diversity of citizenship and a claim of $75,000 or more and a federal question are required for a federal district
court to take jurisdiction on a case.
a. True
b. False
37. A party can raise new evidence in a case through its brief.
a. True
b. False
38. An appellate court can require that a new trial be held.
a. True
b. False
39. A reversible error occurs only when evidence rules were violated.
a. True
b. False
40. Oral arguments are not allowed in appellate courts.
a. True
b. False
41. A brief is a witness's testimony at trial.
a. True
b. False
42. The U.S. Courts of Appeal use a writ of certiorari process for appeals.
a. True
b. False
43. Specialty courts exist in both the state and federal systems.
a. True
b. False
44. A case in which the constitutionality of the USA Patriot Act is challenged would be brought in state court.
a. True
b. False
45. The Supreme Court grants certiorari in about 25% of the cases that are appealed to it. Of that number, nearly all
have oral arguments and receive a written opinion from the Court.
a. True
b. False
46. An en banc hearing is one in which all the judges participate.
a. True
b. False
47. Bankruptcy courts are the only courts in the state or federal system that handle bankruptcy declarations and
proceedings.
a. True
b. False
48. Justices of the U.S. Supreme Court are nominated by the President of the United States and are confirmed by the
Senate.
a. True
b. False
49. U.S. Supreme Court cases are generally heard by three judges.
a. True
b. False
50. U.S. Supreme Court opinions are reported in three different reporter series.
a. True
b. False
51. True small claims courts do not permit lawyers to represent the parties in the proceedings.
a. True
b. False
52. If a plaintiff’s home country provides an adequate remedy for a wrong, the case cannot be heard in the United
States.
a. True
b. False
53. A reversible error is:
a. any mistake made in a case.
b. one that might have affected the outcome of a case.
c. determined during a motion for summary judgment.
d. none of the above
54. Case precedent is:
a. always followed.
b. followed if it is within the state.
c. examined in each case and is always followed.
d. part of the doctrine of stare decisis.
e. none of the above
55. When a case is remanded:
a. it is affirmed.
b. it is sent back to the trial court.
c. it is completed.
d. precedent is not being followed.
e. none of the above
56. Dicta is the:
a. rule of law in a case opinion.
b. case cite.
c. discussion of a decision.
d. precedent in a case.
e. none of the above.
57. Precedent is not followed when:
a. the facts of a case can be distinguished.
b. a court believes that a change of law is socially or morally mandated.
c. technology changes.
d. all of the above
58. An attorney:
a. must reveal a client's confession of a crime.
b. cannot represent a guilty party.
c. must see that his/her client's rights are protected.
d. can violate the law to protect a client.
59. Which of the following names apply to the party who appeals the trial court decision?
a. respondent
b. appellant
c. appellee
d. none of the above
60. In personam jurisdiction:
a. refers to jurisdiction over the parties in a case. b.
can be based on the subject matter of the case. c.
is based on constitutional standards of residence. d.
is only applied in federal courts.
61. Which of the following is the general trial court of the federal system?
a. federal district court
b. Court of Claims
c. U.S. Court
d. none of the above
62. In which of the following cases would there be federal subject matter jurisdiction?
a. a case in which the Justice Department is prosecuting for criminal violations of the Sherman Act
b. a case in which a Texas resident is suing a Wisconsin company for a refund of $1,000.00
c. a case in which two Arizona partners are suing each other
d. a case in which the state attorney general is prosecuting a corporation for violation of state antitrust laws
63. Which of the following reports the opinions of federal district courts?
a. Federal Supplement
b. Federal Reporter
c. Federal district court opinions are not reported.
d. none of the above
64. How many U.S. Courts of Appeal are there?
a. nine
b. at least one for every state
c. thirteen
d. none of the above
65. How many federal district courts are there?
a. nine
b. at least one for every state
c. thirteen
d. none of the above
66. A writ of certiorari:
a. is issued for every case appealed to the U.S. Supreme Court.
b. applies only to cases of original jurisdiction.
c. is an order issuing a decision to hear a case.
d. none of the above
67. A small claims court:
a. is a court where diversity cases are heard.
b. is a court where no attorneys are used.
c. is a general jurisdiction court.
d. is part of the federal system.
68. Regional reporters:
a. are for the federal system.
b. include the opinions of state supreme courts.
c. include the opinions of the U.S. Supreme Court.
d. are the same as the federal reporters.
69. Which of the following would not be a cite for a U.S. Supreme Court opinion?
a. 411 U.S. 292
b. 93 S. Ct. 1011
c. 43 L.Ed 2d 33
d. 798 F.2d 1214
