Chapter 3
FEDERAL COURTS
TEST BANK
MULTIPLE CHOICE
1. The United States has a dual court system consisting of:
a.
district and superior courts.
c.
criminal and civil courts.
b.
trial and appellate courts.
d.
state and federal courts.
2. What does the Supreme Court issue when it agrees to hear a case on appeal?
a.
a writ of extradition
b.
a writ of jurisdiction
c.
a writ of stay
d.
a writ of certiorari
3. Original and appellate jurisdiction fall under what classification of jurisdiction?
a.
geographical jurisdiction
c.
hierarchical jurisdiction
b.
subject matter jurisdiction
d.
general jurisdiction
4. What federal court has original jurisdiction over disputes between states?
a.
Legislative Court
c.
Court of Appeals
b.
District Court
d.
Supreme Court
5. What kind of jurisdiction gives a court the power to review cases that have already been
decided by another court?
a. appellate jurisdiction
b. concurrent jurisdiction
c. personal jurisdiction
d. subject matter jurisdiction
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6. During the Constitutional Convention, Anti-Federalists maintained the belief that a strong
national government would:
a. provide political and economic unity.
b. weaken individual liberties.
c. abolish state courts.
d. create a uniform body of federal law.
7. Which Article of the U.S. Constitution provides the basis for the federal judiciary?
a.
Article I
c.
Article III
b.
Article II
d.
Article IV
8. Which of the following is not true of federal district court judges?
a.
They are nominated by the President.
b.
They must be confirmed by the U.S. Senate.
c.
They must reside in their district.
d.
They are appointed for eight year terms.
9. The United States has how many U.S. District Courts?
a.
59
c.
94
b.
78
d.
111
10. In 1968 Congress created what position to alleviate the workload of U.S. District Courts
and to replace the former position of U.S. commissioner?
a.
U.S. magistrate judges
c.
U.S. bankruptcy judges
b.
U.S. attorneys
d.
U.S. circuit justices
11. Appellate courts primarily review the legal decisions made by trial courts. In doing so
they serve dual purposes. The first is error correction, what is the second?
a.
policy formation
b.
vacating sentences
c.
issuing stays
d.
issuing writs of certiorari
12. Congress created the Courts of Appeals in
a.
1776.
c.
1891.
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b.
1787.
d.
1929.
13. In the federal system, which is generally the court of last resort for virtually all federal
litigation?
a.
U.S. Supreme Court
c.
U.S. District Court
b.
U.S. Court of Appeals
d.
Federal Magistrate Court
14. The “Rule of Four” refers to:
a. the number of justices required to vote in favor of granting certiorari to review a case.
b. the number of justices required to uphold or overturn a lower court ruling.
c. the maximum number of presenters allowed during oral arguments.
d. the minimum number of justices required to publish a dissenting opinion.
15. The Prison Litigation Reform Act resulted in all of the following, except:
a. requiring inmates to pay certain fees from which they had previously been exempt.
b. requiring inmates to exhaust all administrative remedies before filing.
c. no longer allowing inmates to proceed pro se in civil rights actions.
d. barring subsequent cases if previous cases had been dismissed as frivolous.
16. Magistrate judges are
a.
nominated by the President and confirmed by the Senate.
b.
elected by voters in their district.
c.
selected by the U.S. Supreme Court.
d.
selected by U.S. district court judges.
17. Which of the following gave the U.S. Supreme Court the authority to invalidate an act of
Congress as unconstitutional?
a.
Marbury v. Madison (1803)
b.
Article III of the U.S. Constitution
c.
The Judiciary Act of 1789
d.
The Judiciary Act of 1801
18. The U.S. Courts of Appeals is made up of how many judgeships?
a.
14
c.
98
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b.
50
d.
179
19. What judges perform virtually all tasks carried out by district court judges, except trying
and sentencing felony defendants?
a. Circuit justices c. Appellate court judges
b. Magistrate judges d. Administrative judges
20. Most “federal question” cases present issues concerning:
a. the interpretation or application of the U.S. Constitution.
b. cases in which two or more states are parties.
c. the application and interpretation of a statute enacted by Congress.
d. securities and banking regulations relating to the housing market crash.
21. Heavy caseloads of the federal courts result in what problem(s)?
a.
burdens those who work in the courts
c.
burdens those who work in the courts
and delays cases for litigants
b.
delay cases for litigants
d.
none of these answers is correct
22. Drug prosecutions account for approximately what percentage of all federal criminal
cases?
a.
11
c.
41
b.
21
d.
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23. Which courts are tribunals created by Congress to handle specialized types of cases?
a.
article III Courts
c.
state courts
b.
article II courts
d.
Article I courts
24. What is the name of a court that has original jurisdiction?
a.
trial court
b.
appellate court
c.
legislative court
d.
traffic court
25. Appeals from criminal convictions in the U.S. District Courts constitute _____ of the
workload of the U.S. Courts of Appeals.
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a.
less than 10 percent
c.
43 percent
b.
about 21 percent
d.
over 50 percent
26. In 1950, Congress extended significant new due process rights in courts-martial by
adopting the:
a.
Military Justice Act
c.
Uniform Code of Military Justice
b.
U.S. Joint Service Committee Act
d.
Armed Forces Court of Appeals Act
27. What article of the U.S. Constitution established the U.S. Supreme Court and gave
congress the power to create lower courts?
a.
Article I
c.
Article II
b.
The U.S. Constitution did not establish
the U.S. Supreme Court
d.
Article III
28. What cases involve suits between citizens of different states or between a U.S. citizen and
a foreign country or citizen?
a.
diversity of citizenship cases
c.
en banc cases
b.
mandamus cases
d.
venue cases
29. The administrative policymaking organization of the federal judicial system, comprised
of 26 federal judges, is the:
a.
Judicial Conference of the U.S.
c.
Federal Judicial Center
b.
Administrative Office of the Courts
d.
U.S. Sentencing Commission
30. What is the name given to the particular location or area in which a court having
geographic jurisdiction may hear a case?
a.
venue
b.
stay
c.
venire
d.
federal question
31. Habeas corpus, motions to vacate sentence, mandamus, and Section 1983 and Bivens
Civil Rights Actions are all examples of what type of petitions?
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a. prisoner petitions
b. jurisdiction petitions
c. bankruptcy petitions
d. extradition petitions
32. Who is the presiding office of the U.S. Supreme Court?
a. the President
b. the Attorney General
c. the Senate Majority Leader
d. The Chief Justice
33. One of the principal activities of this organization is the education and training of federal
judicial personnel, including judges, probation officers, clerks of court, and pretrial
service officers.
a. Federal Judicial Center
b. Administrative Office of the Courts
c. FBI Judicial Academy at Quantico
d. Judicial Personnel and Training Section of the Judicial Conference
34. The Foreign Intelligence Surveillance Court of Review’s only function is to:
a. hear appeals regarding constitutional violations of individual privacy rights.
b. review warrant applications related to national security investigations.
c. act as arbitrator between intelligence officials and foreign governments.
d. review denials by the Foreign Intelligence Surveillance Court of applications for electronic
surveillance warrants.
35. What is the major problem facing the federal courts?
a. heavy caseloads
b. reduced jurisdiction
c. legislative cooperation
d. excess funds
36. Which Congressional action gave the U.S. Supreme Court control over its’ docket?
a. Court of Appeals Act of 1891
b. Judges Bill of 1925
c. Judiciary Act of 1789
d. Federal Court Improvement Act of 1982
37. This type of prisoner petition seeks a court order to compel a public entity or official to
do something that is owed to the plaintiff as a matter of constitutional or statutory right.
a. mandamus c. motion to compel
b. habeas corpus d. Section 1983 action
38. In U.S. v. Georgia (2006), the U.S. Supreme Court held that states and municipalities can
be held civilly liable for failing to:
a. abolish height and weight requirements for criminal justice agencies.
b. maintain correctional facilities that accommodate the special needs of disabled prisoners.
c. create exemptions for bona fide occupational qualifications in hiring and promotion.
d. provide special training for employees on the requirements of the Americans with
Disabilities Act.
39. The basic administrative unit of a circuit, which has authority to make all necessary and
appropriate orders for the effective and expeditious administration of justice within its
circuit, is called the:
a. Administrative Office of the District c. Federal Judicial Administration
b. Administrative Oversight Commission d. Judicial Council
40. What agency’s original purpose was to develop the federal sentencing guidelines?
a. The Federal Judicial Center
b. The U.S. Sentencing Commission
c. The Judicial Council
d. Administrative Office of the U.S. Courts
41. Although the role of federal government in the criminal justice system raises a lot of
debate at the national level, crime remains primarily the responsibility of what entity?
a. state government c. national government
b. local government d. state and local government
42. If a circuit justice thinks that there is merit in a case such that the full Supreme court
should have an opportunity to decide whether to hear the case, the justice will grant:
a. a temporary writ of certiorari. c. a stay.
b. an injunction. d. a preliminary review.
CRITICAL THINKING SCENARIOS
CASE 3.1
The founding fathers engaged in a vigorous debate over whether there should be a federal court
system separate from the state systems. Those who supported a strong federal judiciary
ultimately prevailed. Subsequent expansion of the federal courts has created a contemporary
controversy over how to alleviate the problem of rising caseloads within the federal court
system.
43. Which of the following statements regarding proposals to reduce federal caseloads is
true?
a. Reducing the jurisdiction of federal courts would nearly double the caseload of state courts
and states would certainly oppose such an action.
b. Creating additional courts and judgeships would require additional funding of the federal
judiciary, which already comprises a sizeable portion of the federal budget.
c. It is unlikely that Congress will ever have the filibuster-proof majority needed to authorize
additional federal judgeships.
d. The antagonistic relationship between Congress and the federal judiciary is unlikely to
result in any significant reforms.
44. Which of the following proposals would our Federalist founding fathers most likely
support?
a. Abolish federal diversity jurisdiction except in certain cases.
b. Abolish concurrent jurisdiction on crimes punishable by both state and federal law.
c. Creation of several new Article I legislative courts.
d. Limit ability of prisoners to file civil rights lawsuits.
45. Which of the following proposals would due process advocates least likely support?
a. Abolish federal diversity jurisdiction except in certain cases.
b. Abolish concurrent jurisdiction on crimes punishable by both state and federal law.
c. Creation of several new Article I legislative courts.
d. Limit ability of prisoners to file civil rights lawsuits.
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TRUE/FALSE
1. The United States has one national court system plus separate court systems in each of
the 50 states and the District of Columbia.
2. Appellate courts are considered finders of fact.
3. When cases are appealed, appellate court judges may call on witnesses to testify.
4. Extradition is the automatic return of an individual accused of a crime in the United
States who has fled the country and been found on foreign soil.
5. There may be as many as 28 judges who work together to make an appellate court
decision.
6. There are three primary types of jurisdiction.
7. Trial courts are primarily concerned with considering evidence to resolve factual
decisions within the bounds of the law.
8. Article II of the U.S. Constitution established the U.S. Supreme Court.
9. U.S. Magistrate Judges may try and sentence felony defendants.
10. U.S. magistrate judges assist U.S. District Judges by hearing felony cases.
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11. The federal courts set the parameters for the operations of the criminal justice system.
12. Article III judges are nominated by the President and confirmed by the U.S. Senate.
13. Federal district court judges must be residents of the district in which they preside.
14. Prior to the Civil War, the U.S. Supreme Court was required to hear every case that was
appealed to it.
15. In misdemeanor and petty offense cases, U.S. magistrate judges may preside over trials,
accept pleas of guilty, and also impose sentences.
16. A U.S. attorney is nominated by the President, confirmed by the Senate, and serves
during “good behavior.”
17. Civil lawsuits consume more of the federal courts’ time than criminal cases.
18. The Judicial Conference of the United States sets national administrative policy for the
federal judiciary.
19. Federal courts apply state—not federal—law when adjudicating state claims in federal
court under their diversity of citizenship jurisdiction.
20. The U.S. District Courts are the federal trial courts for all major violations of federal
criminal law.
21. The Americans with Disabilities Act applies to the ways in which police officers and
correctional officials interact with people with disabilities.
22. When the U.S. Supreme Court fails to grant certiorari, they are stating that they
unilaterally affirm the decision of the lower court.
23. Military justice applies not only to members of the armed services but also to those who
commit crimes against military personnel on and off a military base.
24. The burden of proof necessary for conviction is less demanding in military courts.
25. The U.S. Constitution states that “no more than fifteen, nor less than seven justices shall
be approved by Congress to serve on the Supreme Court.”
COMPLETION
1. The United States has a _____ court system, which means that it has one national court
system plus separate court systems in each of the 50 states and the District of Columbia.
2. _____ jurisdiction means that a court has the authority to try a case and decide it.
3. Appellate courts primarily review the legal decisions made by _____ courts.
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4. Today, the trial courts that primarily exercise original jurisdiction in the federal system
are the United States _____ Courts.
5. Typically sitting in panels of three, _____ review the records in cases appealed from
district courts.
6. _____ of citizenship cases involve suits between citizens of different states or between a
U.S. citizen and a foreign country or citizen.
7. A writ of _____ is issued by the U.S. Supreme Court to obtain and review the
proceedings of a lower court.
8. Article _____ of the U.S. Constitution established the U.S. Supreme Court and gave
Congress the power to create lower courts.
9. A prisoner _____ is a civil lawsuit filed by an inmate alleging violations of his or her
rights.
10. The Federal _____ Center provides orientation and continuing education judges and
personnel of courts.
11. The major problem facing the federal courts is _____ caseloads.
12. The director of the _____ of the U.S. Courts is responsible for the day-to-day
administrative tasks of the federal courts, including lobbying Congress for more funds
and judgeships.
13. The particular location or area in which a court having geographical jurisdiction may hear
a case is _____.
14. _____ petitions are those in which inmates may collaterally challenge their convictions
(after exhausting all available state remedies to do so) by arguing that their trial was
constitutionally defective.
15. A _____ is a court order that temporarily suspends activity in a case.
16. Captured terrorists have recently been declared enemy_____ instead of prisoners of war.
18. The subcomponent of jurisdiction, which refers to differences in courts’ functions and
responsibilities is _____ jurisdiction.
19. The _____ is a Supreme Court custom that allows a minority of the Court to impose on
the majority a question that the majority does not think it appropriate to address.
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20. The onset of the _____ Revolution increased the caseload of the federal courts.
ESSAY
1. Describe the different responsibilities and workloads of U.S. magistrate judges, district
judges, circuit judges, and Supreme Court justices.
2. Explain the historical evolution of the federal courts into their present structure and
operations, including the debate over states’ rights versus federalism.
3. Compare and contrast the tasks of trial and appellate courts.
4. Evaluate the major problems facing the federal courts and the strengths and weaknesses
of the major solutions that have been proposed to address these problems.
5. Analyze the impact the federal courts have on the administration of criminal justice at the
state and local levels through their federal question jurisdiction.
6. How do the federal courts impact the administration of justice at the local and state levels
through their federal question jurisdiction?
7. The different agencies involved in the administration of the federal court system include
the Judicial Conference of the United State, the Administrative Office of the U.S. Courts, the
Federal Judicial Center, and the U.S. Sentencing Commission. What are their responsibilities?
How are these responsibilities hierarchical in nature?
8. Differentiate the jurisdiction and functions of Article III courts from Article I courts and
other specialized federal courts.