Chapter 5 Structure of the Court System

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A losing party is state court can always appeal to the United State Supreme Court.

False

Federal and State Courts can NEVER have concurrent jurisdiction over a controversy.

False

Following a Federal Circuit Court opinion, most losing parties have a right to appeal to the United States Supreme Court.

False

If a plaintiff brings a suit in Federal Court, Federal Law will always be applied to the underlying controversy.

False

In a dissenting opinion, the judge agrees with the result reached by the majority but NOT with its reasoning.

False

In every state, the highest appellate court is called the Supreme Court.

False

In every state, the same type of court has the same name.

False

In trial courts, there is always a jury present to determine the facts.

False

It is in Federal Courts where over 98% of all legal business occurs.

False

Like trial courts, appellate courts hear testimony.

False

Most court cases begin in an appellate court.

False

The Court Reporter listens to the testimony and then transcribes a summary, written in his or her own words.

False

The number of Federal Circuit and District Courts has remained constant since our country was founded.

False

The person who files an appeal is called the appellee or respondent.

False

There are fifteen federal Circuit Courts of Appeals.

False

To be binding, an appellate decision must be unanimous.

False

Appellate courts review the actions taken by trial courts.

True

Bailiffs are responsible for maintaining order in the Courtroom.

True

Because attorneys are officers of the Court, they must follow certain ethical restraints.

True

Cases begun in State Court can ONLY be appealed to the United States Supreme Court if they raise a Federal Issue.

True

Congress controls the number of Federal District and Federal Circuit Courts that exist.

True

Courts can be classified as being either trial or appellate and also as being either federal or state.

True

Federal District and Circuit Courts are considered to be inferior courts.

True

In a concurring opinion, the judge agrees with the result reached by the majority but NOT with its reasoning.

True

Judges appointed constitutional courts are given lifetime tenure.

True

Judges appointed to legislative courts are given set terms.

True

Jurisdiction refers to the ability of a specific court to hear a particular type of case.

True

Most district court cases are appealed to the circuit in which they are located.

True

Most state court systems consist of three levels; trial courts, intermediate appellate courts, and one appellate court of last resort.

True

Most states label their highest appellate court, the supreme court.

True

The Federal Courts can ONLY hear cases if the Constitution has given them the power to do so.

True

The United States Supreme Court's decision whether to grant a Writ of Certiorari is discretionary.

True

Trial courts must determine both questions of fact and questions of law.

True

Under principles of Federalism, the State Courts are the final arbitrator as to the meaning of State statutes and the State Constitution.

True

You can only appeal a lower court decision when you raise a legal issue.

True


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