Chapter 03 - Court Systems

In order for the United States Supreme Court to review a state court case, it will prepare a(n) ___________________ ordering a state court to turn over its court record of that case.

"writ of certiorari"

The United States Supreme Court has original jurisdiction over all cases in this country. a. True b. False

b. False

The state supreme courts issue the final decision on all matters of law appealed to them. a. True b. False

b. False

Typically, small claims court cases are tried before a judge and a jury. a. True b. False

b. False

When a decision is made by a mediator, it is binding on the parties to the dispute. a. True b. False

b. False

While most state judicial systems have courts with specialized jurisdictions (such as juvenile and small claims courts), the federal court system does not have any courts with specialized jurisdictions. a. True b. False

b. False

Who of the following makes decisions that bind the parties to a dispute? a. mediator b. arbitrator c. conciliator d. none of these

b. arbitrator

Generally, if a jury is not requested by the parties in a case, the factual determinations will be made by the a. bailiff b. judge c. mediator d. arbitrator

b. judge

In the federal court system, who summons witnesses, maintains court order, and takes the necessary steps to carry out court judgments? a. judge's staff b. marshals c. prosecutor d. all of the above

b. marshals

The trial court in a particular case will apply the appropriate law to the facts to reach a ________________.

verdict

A written argument on an issue of law submitted to the presiding judge by an attorney in the case is called a(n) ___________________.

appellate brief

Although juvenile courts are open to the public, the records of juvenile cases are closed. a. True b. False

b. False

An appellate court bases its decisions primarily on a. transcripts of the trial and selected witnesses testifying b. transcripts of the trial and appellate briefs c. appellate briefs and selected witnesses testifying d. appellate beliefs, selected witnesses testifying, and transcripts of the trial

b. transcripts of the trial and appellate briefs

Duane works in his local court. His duties include entering cases on the court calendar, keeping records of all court proceedings, and computing court costs. Duane's title is ___________________.

clerk

The federal ________________ courts are the lowest level of federal court with general jurisdiction.

district

When an appellate court overturns the decision of a lower court, the lower court's decision is said to have been _____________________.

reversed

Attorney's generally are not required to resolve the civil litigations in _____ court.

small claims

Gerardo is a court reporter in the Fifth District Court. Part of his responsibility includes preparing the official verbatim record of the trial's proceedings. This record is known as a(n) ___________________.

transcript

The original Federal Judiciary Act established a U.S. Supreme Court and ___________________ federal district courts.

13

Josie was recently arrested on charges of breaking and entering, driving without a license, and possession of a controlled substance. Although this is Josie's third arrest prior to her fifteenth birthday, her parents want her trial conducted in juvenile court. Because of Josie's repeated offenses, the prosecuting attorney wants Josie tried as an adult. What are the advantages to Josie of being tried in juvenile court?

Answers will vary. Society typically feels that juveniles should not be held responsible as adults for their criminal acts. Because of this belief, juvenile courts have wide discretionary powers in determining what should be done with juvenile offenders. For example, the juvenile emphasis is not on punishment but rather on rehabilitation. The advantage is that Josie could be released into the custody of her parents, government officials, or to a detention facility rather than prison. Furthermore, these courts ensure that juvenile criminal cases do not become public knowledge. The courtroom is closed and the hearing is less formal. Court records are also not open to the public. The law requires that juvenile records remain closed so that the juvenile may begin a new life free and clear of his/her past mistakes. Josie's parents want to correct her behavior but at the same time do not want to penalize her for the rest of her life. They would, therefore, prefer juvenile court.

Marlon lives in Seattle, Washington, and travels extensively on business trips throughout the country. While in South Carolina he reads an advertisement for a classic 1959 BMW selling for $80,000. Because Marlon collects rare and unique automobiles, he decides to locate the seller and examine the vehicle. After examining the condition of the vehicle and its various options, he agrees to the selling price and gives the seller (Ted) a check for $80,000. Ted agrees to have the car delivered to Marlon's home in Seattle within the next two weeks. After three weeks, Marlon has not received his car, but his $80,000 check has been cashed. He contacts Ted, but Ted says he will now need an additional $5,000 to pay for a driver to drive the car from South Carolina to Seattle, Washington. Marlon decides to sue Ted to recover either the vehicle or the $80,000. In which court will Marlon's attorney file the lawsuit? Explain why this court will have jurisdiction over the matter.

Marlon's attorney will need to file the case in a federal district court rather than a state court. Because Marlon lives in Washington and Ted lives in South Carolina, federal district courts rather than state courts handle suits between citizens of different states. Furthermore, district courts handle suits of at least $75,000. The vehicle and the transaction in question is $80,000.

At age 7, Curt was found guilty of starting a fire that burned the gazebo in the park of his home town in Illinois. At the age of 12, he was found guilty of burning a barn full of hay in a neighboring county. Now at the age of 21, Curt is living in the state of New York, and he has been accused of setting the fire that destroyed a motorcycle shop. Can his juvenile records from Illinois be used against him in New York?

No. The juvenile records from Illinois would be sealed.

Compare original jurisdiction with appellate jurisdiction as to scope and setting.

Original jurisdiction involves the initial hearing of the case. The court with original jurisdiction makes decisions as to the charges to be filed, evidence to be received, procedure to be followed, etc., so as to determine the facts and the applicable law necessary to reach a verdict in the case. The venue for such a hearing is a courtroom filled with spectators and personnel including the parties, judge, attorneys, witnesses, jury, bailiffs, and transcriber. A court with appellate jurisdiction works in a far more sedate setting from transcripts, briefs, and oral arguments (in selected cases) between the contending attorneys to determine if there have been errors of law committed in the court with original jurisdiction. Often only three judges and the attorneys are present although spectators are generally allowed.

How many federal courts of appeal exist within the federal court system? a. 13 b. 50 c. 63 d. 1

a. 13

The power to ordain and establish the federal courts was vested in the ______ by the Constitution. a. Congress b. President c. U.S. Supreme Court d. none of the above

a. Congress

A typical state legal system, like the federal system, typically has three levels of courts with general jurisdiction. a. True b. False

a. True

Appellate courts never decide matters of fact. a. True b. False

a. True

In the state court system, sheriffs or their deputies have the duty to summon witnesses, keep order in court, and take steps to carry out judgments. a. True b. False

a. True

There are thirteen federal courts of appeal. a. True b. False

a. True

To place a dispute for resolution before a court of law is to a. litigate b. mediate c. arbitrate d. probate

a. litigate

The court with original jurisdiction over a legal dispute is typically known as the a. trial court. b. appellate court. c. supreme court. d. all of these.

a. trial court

Which of the following cases would be allowed into federal court? a. one with citizens from the same state but $10,000,000 in dispute. b. one with less than $75,000 in dispute but a federal question c. one between a citizen of a state and a citizen of a foreign nation with $50,000 in dispute d. all of these would be barred from federal court

b. one with less than $75,000 in dispute but a federal question

Courts that administer wills and estates are called a. family courts. b. probate courts. c. federal district courts. d. estate courts.

b. probate courts.

The primary emphasis for juvenile courts is on the __________ of youthful offenders. a. punishment b. rehabilitation c. recidivism d. promulgation

b. rehabilitation

Which Article of the U.S. Constitution provides for the creation of the federal judicial system? a. I b. II c. III d. IV

c. III

Municipal courts are usually divided into a. criminal divisions. b. traffic divisions. c. both a and b. d. none of these.

c. both a and b.

Which of the following is not a specialized court in the federal system? a. tax court b. Court of International Trade c. probate court d. All the above are specialized courts in the federal system.

c. probate court

Adam and two other attorneys in his law firm prepared an appellate brief for submission to an appellate court. After reviewing the case and listening to attorneys' arguments, the appellate court reached a decision that improper evidence was placed before the jury. As a consequence it remanded the case. This means that it a. upheld the lower court's decision b. sent the case to the state supreme court c. sent the case back to the trial court for corrective action or possibly a new trial d. none of the above

c. sent the case back to the trial court for corrective action or possibly a new trial

Margo's mother recently died and left a detailed will describing her wishes regarding the division of her real and personal property. Which court will actually administer the will and estate? a. federal district court b. state decedent's court c. state probate court d. none of the above

c. state probate court

Which level of appellate court can substitute its factual determination for that of the jury that heard the case? a. a state supreme court b. a federal appellate court c. the U.S. Supreme Court d. None of these can do so.

d. None of these can do so.

The Federal Courts of Appeals are limited in that they a. do not accept and new evidence. b. can only review decisions to see if the agency acted in an arbitrary and/or capricious fashion in deciding the case c. can only review decisions of an agency to see if it exceeded the powers granted to it by statute. d. all of these

d. all of these

Municipal courts administer a. state fish and game licenses b. minor state criminal laws c. special agency regulations d. city ordinances

d. city ordinances

Which of the following is not a court with a specialized jurisdiction? a. probate court b. small claims court c. juvenile court d. trial court

d. trial court

Franco is the Assistant Principal at Westside Junior High School. After repeated minor school infractions, Franco expels Brad and Aaron for two days. As revenge, Brad and Aaron break into the junior high after school hours and set a fire in a trash can in Franco's office. The fire burns out of control and creates more than $10,000 worth of damage to the junior high school facility. Brad and Aaron, who are 14 and 15, were arrested and charged in this case. They have never been in trouble with the law before. The court that will most likely hear their case when it comes to trial is the ___________________ court.

juvenile