ANSWER KEY
Chapter 3 The Judicial Process and Cyberprocedure
Opening Case Questions
1. The role of the Court of Appeals for the Federal Circuit is to handle apeals in patent law cases.
3. A summary judgment motion will be granted if there is no genuine issue as to any material fact,
and if the party filing the motion is entitled by law to a favorable judgment. The motion cannot
5. A case that the Supreme Court does not have to hear may still end up in the High Court if the
judges issue a writ of certiorari. A writ of certiorari is an order from the Supreme Court to a lower
court to deliver its records to the U.S. Supreme Court for review. The Court will issue a writ of
A QUESTION OF ETHICS
Televised Trials: Threat or Transformation
Special Directions to the Instructor: It is very difficult to determine in advance the wide variety of
answers that students will provide for this ethical question, especially since the students are required to
use both rational ethics and utilitarianism. Therefore, the instructor should not look for “right” or
CLASSIC CASES—“It is alive!” – Or is it a moving target?
Special Directions to the Instructor: The question in this Classic Case ddresses the following ethical
question: Is it ethical, or even logical, for the justices of the Supreme Court to avoid the definition of
life when it comes to the rights of women and then turn around and permit a megacorporation, like
General Electric, to reap potential profit from a decision in which the Supreme Court defines life?
A QUESTION OF ETHICS
Reading Rights: What is Right and What Is Wrong?
Special Directions to the Instructor: Most instructors will be unable to predict the many answers that
students will give for this ethical question, especially since the students are required to answer a very
open ended question. However, it is fairly crucial in this case for students to see that the judicial
Questions for Review and Discussion
3. In many situations, a case will reach the U.S. Supreme Court only if the court agrees to issue a
writ of certiorari. A writ of certiorari is an order from the Supreme Court to a lower court to deliver its
records to the U.S. Supreme Court for review. The Court will issue a writ of certiorari if several lower
4. Each state has an arrangement of inferior, or lower, courts that serve as limited jurisdiction courts.
Higher-level trial courts with broader jurisdiction are also provided. In addition, each state has
appellate courts to which questions of law (not questions of fact) may be appealed. The general
jurisdiction trial courts have the power to hear any type of case. It is often called the superior court, the
circuit court, or the court of common pleas. These are usually organized around the counties of the state
so that each county has its own trial court of general jurisdiction. Most states also have other trial
courts that are lower than these general jurisdiction courts. These limited jurisdiction courts usually
hear only certain types of cases. For instance, a municipal court may be empowered to hear only those
cases that involve municipal ordinances, criminal cases involving crimes within the city limits, and
other cases that involve monetary claims of less than $10,000. Many localities have small claims courts
that hear civil cases involving small dollar amounts, ranging from $500 to $5,000 depending on state
7. An appeal is the referral of a case to a higher court for review. For an appeal to be successful, it
must be shown that some legal error occurred. A party could argue that some of the evidence that was
admitted should have been excluded or that evidence that was not allowed should have been allowed. A
8. Cyber-jurisdiction falls on a spectrum that includes three types of transactions. On one end of the
spectrum are those electronic transactions that clearly involve minimum contacts. These would include
electronic transactions carried out from beginning to end on the Internet. On the other end of the
spectrum are those cases that can establish that the defendant did nothing more than post a passive
advertisement on the Internet. Such passive advertisements will usually not establish jurisdiction. The
Cases for Analysis
1. The standard of review that the appeals court should use here is the clearly erroneous standard.
This is the standard that is used when the court is asked to look at the factual decision made by the jury
2. The government of the Republic of Sudan is incorrect in this case. This is because there is an
3. This is the type of issue that belongs in U.S. Supreme Court because it involves a Constitutional
issue. The Supreme Court should uphold the decision of the lower court because the reapportionment
4. A case involving a dispute over whether computer software can be copyrighted might be heard by
the Supreme Court because it would affect a large segment of society; a case involving an appeal of a
zoning board’s decision to limit the number of adult book stores on any single city block might be
heard by the Supreme Court because it would affect First Amendment rights of free speech and
freedom of the press; a case involving the constitutionality of an abortion statute might be heard by the
Supreme Court because it would affect the constitutional right to privacy; a case involving an antitrust
suit based on a violation of a federal antitrust statute between the National Football League and a
former seller of NFL sports gear might be heard by the Supreme Court if it involves an interpretation of
an important federal anti-trust law; a libel case against a small town newspaper involving allegations of
the mayor’s dishonesty might be heard by the Supreme Court because it would affect First Amendment
5. Yes. The defendants had to submit to the jurisdiction of Ohio under provisions of the state
long-arm statute. The court stated, “The complementary provisions of Ohio’s ‘long-arm’ statute . . .
authorize the court to exercise personal jurisdiction over a nonresident defendant and provides for
6. The U.S. Supreme Court should overturn the decision of the lower court. The right to an attorney
is a fundamental right that should be guaranteed by the states. The Sixth Amendment of the
7. This is the type of issue that belongs in U.S. Supreme Court because it involves a Constitutional
issue. The Supreme Court should overturn the conviction in the lower court because Miranda was not
informed of his rights, was not assisted by counsel, and was apparently compelled to testify against
END CHAPTER THREE