Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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The federal court system was
established by the founders in Article III of the Constitution . Section 1 of that article reads as
follows :
The judicial Power
of the United States, shall be vested in one supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish.
Congress was thus given the power to
control the number and kind of "inferior" courts, which include all courts other than the
Supreme Court. Since the Constitution was ratified, Congress has created an extensive network of
federal courts .
The federal courts interpret not only the Constitution but all federal laws,
including acts passed by Congress. When Congress passes a new law, the law necessarily must be
phrased in rather broad terms. It is up to the courts to decide how the law should apply to specific
situations when disputes arise over the meaning of the law. The federal courts thus play a prominent
role in our legal system. Because of our English heritage, our legal system is similar to that of
England. In this section, we look first at the origins and development of the English (and American)
common law tradition . We then discuss some basic classifications of law.
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1.
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According to the Constitution,
who establishes the federal courts?
a. | the
President | c. | the
Senate | b. | the House of Representatives | d. | the Congress |
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2.
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The Federal Court System
consists of
a. | the Supreme Court and State
Courts | c. | all of the courts in the country
from city to the Supreme Court | b. | the Supreme Court and inferior Federal
Courts | d. | none of these are
correct |
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3.
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Often there are disagreements
over the meaning of the consititution. Who says what the constitution means?
a. | the
Congress | c. | there are seldom
disputes over the meaning of the Constitution | b. | the President | d. | the Federal Courts |
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4.
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U.S. law is loosly based on
a. | English Common
law | c. | the traditionof the
Presidents | b. | State laws | d. | all of these are true |
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Common
Law
In 1066, the Normans
conquered England, and William the Conqueror and his successors began the process of unifying the
country under Norman rule. One of the means they used to do this was the establishment of the
king's court, or curia regis . Before the Norman conquest, disputes had been settled according
to local customs. The king's court sought to establish a country. As the number of courts and
cases increased, the most important decisions of each year were gathered together and recorded in
Year Books . judges, in settling disputes similar to ones that had been decided before, used the Year
Books as the basis for their decisions.
The body of judicial law that developed under this
system is still used today and is known as the common law-the law that developed from custom and
court decisions in England and the United States . The common law, then, began centuries ago in
England. The English colonists, of course, brought the common law with them to America.
An
important part of the common law that has developed in the United States since the
American Revolution is the case law that has been decided in our nation over that period . Case
law consists of rules of law announced in court decisions. It includes all reported court cases
that interpret statutes, regulations, and constitutional provisions . These interpretations become
part of the official law on the subject and serve as a precedent, or an example for future
cases
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5.
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An important part of common law
is based on
a. | how federal courts ruled in previous
cases | c. | tradition | b. | custom | d. | all of these are part of common
law |
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6.
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Why did William the Conquor and
future Kings of England try to establish a set of laws that applied to the entire country of
England?
a. | he wanted to unify the
country | c. | he tried to copy
the French method | b. | he did not like Norman law | d. | he was in favor of diversity |
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Constitutional
Law
Constitutions are
important sources of law. The national government and each state government have constitutions that
set forth their general organization, powers, and limits . The U.S . Constitution is the supreme law
of the land. A law in violation of the U.S. Constitution, no matter what its source, will be declared
unconstitutional and will not be enforced. Similarly, unless it conflicts with the U.S. Constitution,
a state constitution is supreme within the state's borders. The U.S. Constitution defines the
powers and limitations of the national government. All powers not granted to the national government
are retained by the states or by the people
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7.
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The U.S. Constitution is the
Supreme
a. | over the entire
nation | c. | inside each city and
county | b. | inside each state | d. | all of these |
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8.
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Which statement below is true
about state constitutions?
a. | They are supreme inside each state
as long as they do not contradice the U.S. Constitution | c. | They are supreme over the entire United
States | b. | They are supreme inside each state even if they contradict the U.S.
Constitution | d. | They are supreme inside the state
but not inside the cities of the state |
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9.
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Which statement below is
true
a. | The Congress of the U.S. is the only
branch of govvernment that can break the constitution laws | c. | Local governments have the same power to contradict
the U.S. Constitution as long as it is a local matter. | b. | The States may bass laws the contradict the U.S.
Constitution as long as it is by popular vote. | d. | No branch or level of government may pass laws which contradict the U.S.
Constitution |
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Statutory
Law
Statutes enacted by the
U.S. Congress and the various state legislative bodies make up yet another source of law. This type
of law is generally referred to as statutory law. Statutory law also includes laws passed by cities
and counties, none of which can violate the U.S. Constitution or the relevant state constitutions .
Today, legislative bodies and regulatory agencies assume an ever-increasing share of lawmaking. Much
of the work of modern courts consists of interpreting what the legislators meant when the law was
passed and applying it to a present set of circumstances .
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10.
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Which statement is
true
a. | Statutary law is the same as
constitutional law. | c. | Statutary laws are
made by interpretation by the Supreme Court | b. | Statutary laws are laws passed by Congress of other
legilative bodies | d. | none of these are
true |
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11.
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The Obama health care law is an
example of
a. | civil
law | c. | common
law | b. | criminal law | d. | statutary law |
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Civil versus Criminal
Law
Laws can generally be
classified as either civil or criminal. Civil law spells out the duties that exist between persons or
between citizens and their governments. Law concerning contracts for business transactions, for
example, is part of civil law. If you sign a contract to purchase a car on credit, the law governing
that transaction is civil law. The object of a civil lawsuit is to obtain compensation (such as money
damages) for harms suffered because of another's wrongful action. Criminal law, in contrast, has
to do with wrongs committed against the public as a whole. Criminal acts are prohibited by local,
state, or national government statutes . In a criminal case, the government seeks to impose a penalty
(fines and/or imprisonment) on a person suspected of having violated a criminal law. When someone
robs a convenience store, that person has committed a crime and, if caught and proven guilty, will
normally spend time in prison.
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12.
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(a) Laws that apply to
arguements between individuals are considered civil law.
(b) Laws that apply to violations against
state or federal law are considered criminal law.
a. | a is true, be is not
true | c. | a and b are
false | b. | b is true, a is not true | d. | a and b are true |
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13.
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If you break a civil law you
can be put in prison.
a. | This statement is
true | b. | This statement is
false |
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14.
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If you find a bug in your soup
and undergo emotional stress, which law would you use to receive
compensation?
a. | civil
law | c. | federal
law | b. | criminal law | d. | state law |
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The Supreme
Court
Because of its importance in the federal court system,
the United States Supreme Court deserves special attention. Here we look at how cases reach the
Supreme Court, how the decisions of the Court are put into written form, and how the Court performs
its work.
How Cases Reach the Supreme Court
Many people are surprised to learn
that there is no absolute right of appeal to the United States Supreme Court. The Supreme Court is
given original jurisdiction in a small number of situations. In all others, it acts as an
appeals court. Thousands of cases are filed with the Supreme Court each year. On average, though-at
least in recent years-it hears fewer than one hundred cases each year.
To bring a case before
the Supreme Court, a party must request the Court to issue a writ of certiorari
. A writ of certiorari [pronounced sur-shee-uh-rah-reel is an order sent by the Supreme
Court to a lower court requesting the record of the case in question. Parties can petition the
Supreme Court to issue a writ of certiorari, but whether the Court will do so is entirely within its
discretion. In no instance is the Court required to issue a writ of certiorari.
Most petitions
for writs of certiorari are, in fact, denied. A denial is not a decision on the merits of a case, nor
is it an indication of agreement with a lower court's opinion. The Court will not issue a
writ unless at least four justices approve of it. This is called the "rule of
four."
In January 1988, the United States Supreme Court, in Hazelwood School District
v. Cathy Kuhmmeier, reversed the lower court's ruling by a vote of five to three. justice Byron
White, writing for the majority, argued that "school officials may impose reasonable
restrictions on the speech of students, teachers, and other members of the school community."
The majority also noted that students' rights "are not automatically coextensive with the
rights of adults in other settings." In his dissent, justice William Brennan' (joined
by justices Thurgood Marshall and' Harry Blackmun) said that the decision might make public
schools into "enclaves of totalitarianism."
This Supreme Court decision prompted
several state legislatures to consider writing specific state laws. to spell out students'
rights and, in some cases, to grant student publications specific privileges against
censorship.
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15.
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Every person has a right to
have their case heard by the U.S. Supreme Court
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16.
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In the case of Hazelwood School District v. Cathy Kuhmmeier, the Supreme Court rulled
that
a. | school districts cannot restrict the
free speech of students | c. | students have no
rights in school | b. | school districts can restrict the free speech of
students | d. | students have the same rights in
school that they have outside of school |
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17.
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A writ of certiorari
a. | is a judgement by the Supreme
Court | c. | a request for case records from
lower courts | b. | is a sentence imposed by the Supreme Court | d. | none of those |
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Decisions and
Opinions
The Supreme Court normally does not hear any evidence
. As mentioned, this is generally true in all appellate courts. The Court's decision is based on the written
records of a case. The attorneys, however, can present oral arguments-arguments presented in
person rather than on paper. The case is then privately examined by the justices .
After
reaching a decision, the Court writes an opinion.
The opinion sets forth the Court's reasons
for its decision, the rules of law that apply, and the judgment.
There are four types of written
opinions.
1. When all of the justices agree on an opinion, the opinion is written for
the entire Court and can be deemed a unanimous opinion.
2. When there is not a unanimous opinion, a majority
opinion is written. This opinion outlines the views of the majority of the justices involved in
the case.
3. Often, a justice who feels strongly about making or emphasizing a particular point
that was not made or emphasized in the majority opinion writes a concurring opinion. The
justice writing the concurring opinion concurs (agrees) with the conclusion given in the majority
opinion but for reasons that are different from those stated in the majority opinion.
4. Finally,
dissenting opinions are usually written by justices who did not agree with the majority. The
dissenting opinion is important because it often forms the basis of arguments used years later that
cause the Court to reverse the previous decision and establish a new
precedent.
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18.
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The Supreme Court bases its
decisions on
a. | the evidence in the
case | c. | testimony the
witnesses | b. | the written records of the case | d. | all of these |
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19.
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When most of the judges agree
on a case the decision of the court is written as
a. | a majority
decision | c. | a concurring
opinion | b. | a unanimous opinion | d. | a dissenting opinion |
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20.
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A judge that wants to make a
point about the decision of the court that is not written into the majority decision writes
a
a. | dissenting
opinion | c. | majority
opinion | b. | minority opinion | d. | concurring opinion |
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21.
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A judge who does not agree with
the majority decision of the court will usually write
a. | a concurring
opinion | c. | unanimous
decision | b. | a dissenting opinion | d. | majority decision |
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The Supreme Court at
Work
The Supreme Court begins its regular annual term on the first Monday in
October and usually adjourns in late June or early July of the following year. Special
sessions may be held after the regular term is over, but only a few cases are decided in this way.
More commonly, cases not heard in one term are carried into the next term.
Cases that are
appealed to the Court are scheduled for oral argument or denied a hearing in a written "orders
list." Orders lists are released on Mondays. Generally, arguments are heard during seven
two-week sessions scattered from October to April or May. The justices hear oral arguments on Monday,
Tuesday, Wednesday, and sometimes Thursday. Recesses are held between periods of oral arguments to
allow the justices to consider the cases and handle other Court business . Oral arguments run from 10
A.M . to noon and again from 1 to 3 P.M., with thirty minutes allowed for each side's argument,
unless special exceptions are granted. All statements and the justices' questions are
tape-recorded during these sessions. Lawyers addressing the Supreme Court can be questioned by the
justices at any time during oral argument, a practice not followed in most courts .
Each
Wednesday and Friday during the annual Court term, the justices meet in conference to discuss cases
under consideration and to decide which new appeals and petitions the Court will accept . These
conferences take place in an oak-paneled chamber and are strictly private-no secretaries, tape
recorders, or video cameras are allowed.
When each conference is over, the chief justice, if
in the majority, will assign the writing of opinions. When the chief justice is not in the majority,
the most senior justice in the majority assigns the writing . After the necessary editing and the
publication of preliminary prints, the official Court decision is placed in the United States
Reports, the official record of the Court's decisions, which is available in many libraries. The
decisions are also printed in West Publishing Company's Supreme Court Reporter, which is
available about a year sooner. Additionally, Supreme Court decisions are now released immediately for
online publication . You can access these decisions at www.ssctplus .com/online/index
.htm.
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22.
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When does the Supreme Court
begins its yearly term?
a. | firs Tuesday in
November | c. | First Monday in
October | b. | January 1st | d. | Twice yearly |
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23.
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The Supreme Court cannot
possibly hear every case that is appealed. Who decides which cases will be heard by the
Court?
a. | The judges on the Supreme
Court | c. | The Senate Judiciary
Committee | b. | The lower courts | d. | The Congress |
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24.
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Lawyers who are arguing cases
before the Supreme Court can be questionsed at any time by the judges.
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Multiple Response
Identify one
or more choices that best complete the statement or answer the question.
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The Structure of the Federal
Court System
The federal
court system is basically a three-tiered structure that consists of U .S. districts courts, U.S.
courts of appeals, and the U.S. Supreme Court. There are also specialized federal courts that handle
only certain types of claims, such as tax claims.
The U .S. Supreme Court
The U.S . Supreme Court is the highest level
of the three-tiered federal court system. The Supreme Court consists of nine justices, who are
nominated by the president and confirmed by the Senate.
U .S . Courts of Appeals
A party who loses his or her case in a district court normally can appeal the decision to
a federal court of appeals, or appellate court. The U.S. courts of appeals are intermediate
appellate courts . They are located on the middle tier of the system, between the district courts and
the Supreme Court. These courts are also known as circuit courts of appeals. Over time,
Congress has established thirteen judicial circuits. The appellate court in each circuit hears
appeals from the district courts located within that circuit. Unlike the federal district (trial)
courts, appellate courts do not hear testimony or examine other evidence . Rather, an appellate court
reviews the record of the lower court's proceedings and other records relating to the case to
determine whether the lower court made any mistake. Appellate courts are thus reviewing courts
U .S . District Courts
On the bottom tier of the federal court system are the
U .S. district courts. The district courts are trial courts. As the term implies, these are courts in
which trials are held. At a trial, each party (or usually, each party's attorney) submits
evidence to support its side and to convince the court to rule in its favor. After the trial
concludes, the jury (if it is a jury trial) decides on the facts of the case-that is, on what
conclusion should be reached based on the evidence . If it is not a jury trial, the judge makes this
decision. There is at least one federal district court in every state. Currently, there are
ninety-four judicial districts.
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25.
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Each of these is a tier (level)
in the Federal Court system. (pick 3)
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26.
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The Federal Courts refers to
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27.
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What are other names for the
U .S . Courts of Appeals? (pick 2)
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28.
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What is the purpose of courts
of appeals?
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29.
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What is the highest court in
the United States?
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30.
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How many district courts are
there?
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31.
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If you do not like the decision
in a U.S. District Court, what can you do?
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32.
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If a person were charged with a
federal crime, what court would they go to for a trial?
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Jurisdiction of the Federal
Courts
In Latin, juris means "law," and diction
means "to speak ." Thus, jurisdiction literally refers to the power "to speak the law." In other words,
jurisdiction is the authority of a court to decide a certain case . Before any court can hear a case,
it must have jurisdiction over the persons, property, or subject matter of the dispute . A court has
original jurisdiction when it can hear a case for the first time. Trial courts, for example,
have original jurisdiction . A court has appellate jurisdiction when it functions as a
reviewing court. Courts of appeals normally only have appellate jurisdiction .
Each state
maintains its own court system, which is separate from the federal court system. Generally, a state
court's jurisdiction is limited to the geographical boundaries of the state in which it is
located .
Because the national government is a government of limited powers, the jurisdiction
of the federal courts is also limited . Basically, the federal courts can only decide cases involving
federal questions or diversity of citizenship
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33.
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What does the
“jurisdiction” of a court mean?
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34.
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What are the two types of
jurisdiction that a court might have? (pick 2)
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35.
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When a court gets to hear a
case for the first time it is called
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36.
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When a court gets to review the
ruling of another court it is said to have
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37.
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What jurisdiction does a state
court have?
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38.
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Which statement is true about
Federal Courts?
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Federal
Questions
Article III, Section 2, of the Constitution states as
follows :
The judicial
Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws
of the United States, and Treaties made, or which shall be made, under their Authority
.
Whenever a case involves a claim based on the Constitution, a treaty, or a federal
law, a federal question arises . Any lawsuit involving a federal question can originate in a federal
court. A person who claims that his or her constitutional rights have been violated can bring a
lawsuit in a federal court. So can a person who claims that some person or firm has violated his or
her rights under a federal law, such as a law protecting employees from discrimination
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Diversity of Citizenship
Federal courts can also hear cases involving
diversity of citizenship . Such cases may arise when the parties in a lawsuit live in different
states or when one of the parties is a foreign government or a foreign citizen . Before a federal
court can take jurisdiction in a diversity case, however, the amount in controversy must be more than
$75,000.
Concurrent and Exclusive Jurisdiction
When both federal and state
courts have the power to hear a case, as is true in suits involving diversity of citizenship,
concurrent jurisdiction exists. Exclusive jurisdiction, in contrast, exists when a case can be tried
only in a state court or only in a federal court. Federal courts have exclusive jurisdiction in cases
involving federal crimes, bankruptcy, patents, and copyrights . Federal courts also have exclusive
jurisdiction in certain other circumstances, such as in suits against the United States . States have
exclusive jurisdiction in such areas as divorce and adoptions.
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39.
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Which article of the U.S.
Constitution deals with the judicial branch of government?
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40.
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What kinds of cases are heard
in federal courts? (pick 2)
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41.
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Which cases involve
“Diversity of Citizenship?” (pick 2)
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42.
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When both the federal and state
courts have the ability to hear a case, it is called
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43.
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State courts can hear cases
involving law suits against the United States.
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44.
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When a case can be heard only
in a state court or only in a federal court it is called
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45.
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The federal courts have
exclusive jurisdiction in cases
involving (pick 3)
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46.
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The states have exclusive
jurisdiction in cases involving (pick 2)
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