Chapter 5 Structure of the Court System
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