GOV CH-18 THE FEDERAL COURT SYSTEM

Name:

Multiple Choice
Identify the choice that best completes the statement or answers the question.

IDENTIFYING KEY TERMS

The court that first hears a case is said to have

a.	appellate jurisdiction.
b.	exclusive jurisdiction.
c.	original jurisdiction.
d.	concurrent jurisdiction.

The list of cases to be heard by a court is called a

a.	civil case list.
b.	certificate.
c.	writ of certiorari.
d.	docket.

Which of the following could be the subject of a criminal case tried in federal court?

a.	bankruptcy
b.	civil rights
c.	counterfeiting
d.	labor relations

Which of the following is a TRUE statement about a writ of certiorari?

a.	Only a defendant can petition for it.
b.	Only a plaintiff can petition for it.
c.	The Supreme Court must grant cert for all requests.
d.	The Supreme Court grants cert in a limited number of instances.

MAIN IDEAS

All of the following statements about the Court of Federal Claims are true EXCEPT:

a.	Congress almost always appropriates money to satisfy upheld claims.
b.	Decisions from the Court of Federal Claims cannot be appealed.
c.	The Court of Federal Claims hears trials involving claims for damages against the Federal Government.
d.	Judges for the Court of Federal Claims are appointed by the President and approved by the Senate.

One weakness of the Articles of Confederation was that

a.	it established a dual court system.
b.	it did not provide for a national judiciary.
c.	Congress could create only a few lower federal courts.
d.	the jurisdiction of the Supreme Court was not clearly defined.

Which of the following federal courts exercises both original and appellate jurisdiction?

a.	the Supreme Court
b.	court of appeals
c.	district court
d.	the Court of Appeals for the Federal Circuit

Which of the following statements about federal judges is TRUE?

a.	They must have had previous service as State court judges or attorneys.
b.	They serve a fixed term of office, set by Congress.
c.	They are appointed by the President and confirmed by the Senate.
d.	All of the above are true.

Which federal court has original jurisdiction over MOST cases heard in federal court?

a.	district court
b.	court of appeals
c.	the Supreme Court
d.	the Court of Appeals for the Federal Circuit

10.

Most importantly, the Supreme Court is called the High Court because it is the

a.	best court in the country.
b.	only court established by the Constitution.
c.	first court in which most of the important federal cases are heard.
d.	last court in which federal questions can be decided.

11.

The Court of Appeals for the Federal Circuit differs from the other 12 federal courts of appeals because it

a.	does not hear appeals from regulatory agencies.
b.	can have original jurisdiction over federal cases.
c.	hears cases from across the country.
d.	only hears appeals from the Supreme Court.

12.

The purposes of the 12 federal courts of appeals include all of the following EXCEPT:

a.	to relieve the work load of the Supreme Court.
b.	to hear appeals from the district courts.
c.	to consider cases from several regulatory agencies.
d.	to hear original cases that have bypassed lower courts.

13.

The term of office for constitutional court judges is determined by

a.	the Constitution.
b.	Congress.
c.	the Department of Justice.
d.	the President.

14.

Which one of the following duties is NOT performed by a United States magistrate?

a.	issuing arrest warrants
b.	setting bail
c.	trying some cases concerning minor offenses
d.	recording court proceedings

15.

The United States Tax Court hears

a.	criminal cases.
b.	civil cases.
c.	no cases generated by the Internal Revenue Service.
d.	all of the above.

16.

The Supreme Court's decision in Marbury v. Madison

a.	enabled William Marbury to become a justice of the peace.
b.	stripped the President of his power to appoint federal judges.
c.	established the Court's power of judicial review.
d.	none of the above.

17.

Legal cases in the District of Columbia and the territories that belong to the United States are settled in:

a.	the courts of the State nearest the district or territory.
b.	a separate system of courts for each territory and each district like those at the State and federal levels.
c.	a system of local courts like those in a city or town.
d.	a system based on mediation and arbitration rather than legal confrontation.

18.

Which statement about differences between constitutional courts and special courts is TRUE?

a.	Constitutional courts do not exercise broad judicial power.
b.	Only constitutional courts hear cases arising out of expressed congressional powers.
c.	Special courts have special powers granted under Article III.
d.	Special courts hear a much narrower range of cases.

19.

A federal court has jurisdiction over a case if

a.	a citizen of one State is suing a citizen from another State.
b.	a State is suing a resident of another State.
c.	a State is suing another State.
d.	all of the above.

20.

The MOST IMPORTANT reason why the United States needed a national court system was that

a.	laws in the Constitution are not clearly stated.
b.	Congress had too much power to interpret laws.
c.	people were ignoring the decisions of the State courts.
d.	each State was interpreting laws for itself.

21.

Jurisdiction DIRECTLY limits

a.	when a case may be heard.
b.	which court may decide a case.
c.	how many witnesses may be called by the defendant.
d.	the number of times a case may be appealed.

22.

The federal officers who make arrests, secure jurors, and serve legal papers are

a.	marshals.
b.	magistrates.
c.	United States attorneys.
d.	deputy clerks.

23.

Which of the following statements does NOT accurately describe federal district courts?

a.	They handle both civil and criminal cases.
b.	Like courts of appeals, they have the right to listen to appeals.
c.	Like the Supreme Court, they can have original jurisdiction.
d.	They are the principal trial courts in the federal system.

24.

Chief Justice Charles Evans Hughes once said that the Constitution "means what the judges say it means." He was defining the Supreme Court's

a.	original jurisdiction.
b.	power of judicial review.
c.	exclusive jurisdiction.
d.	right to use the writ of certiorari.

25.

Which of the following are all special courts?

a.	Court of Appeals for the Armed Forces, Court of Federal Claims, U.S. Tax Court
b.	U.S. Tax Court, Court of International Trade, Court of Federal Claims
c.	Court of Appeals for the Armed Forces, Court of Appeals for Veterans Claims, Court of Appeals for the Federal Circuit
d.	Court of Federal Claims, U.S. Tax Court, Court of Appeals for the Federal Circuit

26.

Judges of the constitutional courts are appointed

a.	for terms varying from four to eight years.
b.	for 12-year terms.
c.	for 15-year terms.
d.	for life.

27.

The courts of appeals hear cases that have been appealed from

a.	the district courts.
b.	the U.S. Tax Court.
c.	the decisions of federal regulatory agencies.
d.	all of the above.

28.

The power of judicial review is held

a.	exclusively by the Supreme Court.
b.	only by federal courts.
c.	by most federal and State courts.
d.	only by courts with appellate jurisdiction.

29.

Which of the following statements about the Supreme Court is FALSE?

a.	The Supreme Court exercises both original and appellate jurisdiction.
b.	Cases can reach the Supreme Court by certificate and writ of certiorari.
c.	The Supreme Court only reads briefs; it does not hear oral arguments.
d.	All of the above statements are false.

30.

The federal courts can hear and decide cases on the basis of

a.	the subject matter or people affected by the case.
b.	the amount of money or number of defendants.
c.	diverse citizenship or human interest.
d.	appeals from States and from courts of appeals.

31.

Federal courts have exclusive jurisdiction over all of the following types of cases EXCEPT cases involving

a.	a foreign government official.
b.	a person accused of a federal crime.
c.	citizens of different States.
d.	the infringement of a copyright.

32.

The MOST accurate reason that the Court of International Trade is classified as a constitutional court rather than a special court is that

a.	it exercises the broad "judicial power of the United States."
b.	it operates quite differently than special courts, such as the territorial courts or the Court of Military Appeals.
c.	the cases it decides can never reach appeals courts or the Supreme Court.
d.	it replaced the Board of United States General Appraisers and the Court of Customs.

33.

The independence of the judicial branch is ensured by the

a.	manner in which federal judges are chosen.
b.	terms federal judges serve.
c.	salaries of federal judges.
d.	all of the above.

34.

Which of the following BEST describes the state of the judicial system under the Articles of Confederation?

a.	Each State was a “law unto itself.”
b.	The States “bowed to the authority of the National Judiciary.”
c.	The weight of the National Judiciary “threatened to topple the federal system.”
d.	The State courts operated “like a well-oiled machine.”

35.

A living legacy left behind by a former President is (are)

a.	his memoirs.
b.	the judges whom he has appointed and who continue to serve.
c.	the constitutional amendments he has proposed.
d.	none of the above

36.

If a Supreme Court judge has personal religious objections to military service, but rules in favor of the draft because it is a federal law, that judge is practicing

a.	judicial activism.
b.	judicial restraint.
c.	original jurisdiction.
d.	appellate jurisdiction.

37.

The Framers provided for life tenure for federal judges

a.	to protect them from concern that they may be dismissed if their rulings are unpopular.
b.	to insulate them from politics.
c.	both a and b
d.	neither a nor b

38.

The appointment of which of the following does NOT require Senate approval?

a.	federal judges
b.	United States magistrates
c.	United States attorneys
d.	United States marshals

39.

One reason that some court officers require appointment by the President and Senate while others do not is that

a.	the system of checks and balances need not come into play for officers with more minor duties.
b.	some officers work more closely with the executive and legislative branch than others.
c.	officers who are not appointed for life do not require input from the President or the Senate.
d.	some officers must be free from political influences.

40.

The reason the courts of appeals are sometimes called “gatekeepers” is that

a.	they allow only the most qualified judges to pass through to the Supreme Court.
b.	they block unwanted influence from political parties from reaching the Supreme Court.
c.	they allow only the most controversial and significant cases past the “gate” to the Supreme Court.
d.	they keep track of which cases go to which court in the federal system.

41.

The courts of appeals and the Court of Appeals for the Federal Circuit are similar in all of the following ways EXCEPT

a.	both may hear a case en banc.
b.	both have nationwide jurisdiction.
c.	both were formed to relieve the burden of other courts.
d.	both hear appeals from several different courts.

42.

In Marbury v. Madison, the Supreme Court held that William Marbury’s case did not fall under

a.	its original jurisdiction.
b.	its appellate jurisdiction.
c.	judicial review.
d.	the Judiciary Act of 1789.

43.

As the Supreme Court goes about its work of interpreting and applying laws passed by Congress, it exemplifies

a.	the concept of popular sovereignty.
b.	the federal system.
c.	the doctrine of separation of powers.
d.	the system of checks and balances.

44.

The Supreme Court adheres closely to the 30-minute oral argument rule mostly because

a.	their case load is so heavy that time cannot be wasted.
b.	they must give each side the same amount of time to present their case.
c.	both a and b
d.	neither a nor b

45.

Dissenting opinions accomplish all of the following EXCEPT

a.	allowing the voice of the minority to be heard.
b.	providing a statement of opinion that may be looked at in a new light in future years.
c.	providing a precedent to be followed by the lower courts.
d.	establishing a record of the reasons the Court’s opinion was divided.

46.

In establishing the Court of Federal Claims, Congress

a.	declared the United States exempt from any lawsuit.
b.	freed itself from reviewing the particulars of every case brought against the United States.
c.	eliminated the Court of Appeals for the Federal Circuit.
d.	set aside the doctrine of sovereign immunity.

47.

Since the military tribunals ordered by President Bush are not part of the military’s courts-martial system, it can be inferred that

a.	they are composed of civilians.
b.	the sentences they impose can be avoided.
c.	judgments made in those tribunals cannot be appealed.
d.	they will be found unconstitutional.

48.

All of the following statements about the United States Tax Court are true EXCEPT

a.	it hears both civil and criminal cases.
b.	it has 19 judges.
c.	its judges are appointed by the President and Senate.
d.	its decisions may be appealed to the federal courts of appeals.