CP&E Ch 3
Sheila is nervous for the trial that is about to begin, as this is her first federal trial as a defense attorney. She is hoping to successfully defend her client, who is accused of federal income tax evasion and on trial for the first time. In what type of court is Sheila about to present her case?
A U.S. District Court
A federal district court judge just oversaw a case where the defendant agreed to stop infringing onto the property of the plaintiff. His judgment in this case, which was agreed to by both parties, is known as which of the following?
A consent decree
Between December 2001 and January 2005, George, a commissioned officer in the U.S. military, served on a panel with four other commissioned officers. They heard cases and decided the fate of those suspected of terrorism against the United States. Of which of the following was George a member?
A military tribunal
Justices Alito, Kagan, Kennedy, Sotomayor, and Thomas were waiting for Chief Justice Roberts before starting the proceedings, because they needed at least six justices present to decide the matter before them. What was it, exactly, that they needed?
A quorum
What was the general trend in number of total cases filed in U.S. District Courts between 2010 and 2014?
A significant downward trend
Judge Stevens and Judge Mackenzie are on their way across the state where all judges within the Seventh Circuit are gathering to resolve the conflicting appellate court decisions regarding the application of the Second Amendment. What are Judge Stevens and Judge Mackenzie going to attend?
An en banc proceeding
Shared Writing: In your opinion, should the Supreme Court have the last word with respect to interpretation of the U.S. Constitution, laws, and treaties? Please explain and justify your position.
Answers will vary
Shared Writing: Many federal judges enjoy Article III protection, meaning they are appointed for life. What are the pros and cons of having judges appointed for life? In your opinion, should judges be appointed for life? Please justify your answer.
Answers will vary
Which of the following CORRECTLY describes a difference between early district court judges and district court judges of today?
As opposed to today, district court judges two hundred years ago wrote letters to the president, vice president, and Congress seeking their appointment.
Why is the U.S. Supreme Court considered to be the "final arbiter" in the U.S. judicial system?
Because no case can be appealed beyond it
Why are Article III courts considered part of the federal judiciary?
Because they were established by Article III of the Constitution
What did opponents of the Virginia Plan do to oppose it?
Drafted the New Jersey Plan
Harvinder Sign, suspected of plotting a terrorist attack within the United States, is sitting and awaiting trial in "America's Secret Court." In which type of court is Harvinder Sign awaiting trial?
Foreign Intelligence Surveillance Court
Senator Stevens' vote was integral in passing the Federal Judiciary Act of 1789. Which of the following must be TRUE of Senator Stevens?
He was a member of the first Congress.
Which of the following BEST represents the Supreme Court's caseload over the past several years?
It has increased steadily.
Which of the following is TRUE of the U.S. Court of International Trade?
It is a result of the Customs Courts Act of 1980.
Why is the U.S. FISA Court important?
It oversees surveillance warrants against suspected foreign intelligence agents
Which of the following is TRUE of federal judicial administration?
It takes place at several levels.
Which of the following scenarios BEST represents the most common type of appeals case filed each year since 2010?
Jonathan and Francis are among a team of lawyers preparing their appeal to what they feel will be a landmark case. They have filed a petition on behalf of their client, a convicted felon serving a life-sentence, arguing that their client is being detained unconstitutionally.
Which federal law established the organization of the federal courts?
Judiciary act of 1789
How does the U.S. Court of International Trade differ from other federal courts?
Only one judge is necessary to decide a case.
Marcia has been tasked with gathering data on caseload trends as well as on other issues affecting the federal judiciary. Where does Marcia work?
The Administrative Office of the U.S. Courts
Fast-forwarding three years, the long, drawn-out case of the use of land adjacent to the federal land in Wyoming has reached its final court. The federal government won the original case as well as the appeal one year later. Now, the original defendant (the private land owner) will have taken this case as far as it can be taken once the trial that starts today commences. Where is today's trial being held?
The U.S. Supreme Court
Which of the following is a key difference between U.S. Courts of Appeals and the U.S. Supreme Court?
The U.S. Supreme Court hears less than 100 cases per year, whereas the U.S. Courts of Appeals hear tens of thousands of cases each year.
What was the Conference of Senior Circuit Judges in 1922 to serve as?
The main policy-making body of the federal judiciary
Which of the following BEST exemplifies the principle of a quorum?
The three state supreme court justices cancelled all proceedings for the day because their four counterparts were all in bed with the flu and were unable to hear cases.
Which of the following is NOT true of U.S. District Court judges?
They hear bankruptcy cases
Which of the following is TRUE of the courts in the United States?
They were in place and operating before the Constitution was ratified.
Which of the following is TRUE of the Articles of Confederation?
They were the first governing document in the United States.
Why did the New Jersey Plan call for legislative power to be shared between two houses of Congress (the House of Representatives and the Senate)?
To ensure that big states did not have more power than smaller ones
What is the purpose of the Judicial Conference of the United States?
To make policy for the federal courts
Maxwell fought for the United States in Iraq. He served two 18-month tours. Upon his return from combat, he had to fight to receive basic health care. Because of the problems he was having with his benefits, he sought the council of an attorney, who filed a claim on Maxwell's behalf with the Secretary of Veteran's Affairs. The Secretary denied the claim, and so Maxwell's attorney is taking the case to the next level. In which of the following court will the next phase of Maxwell's case be held?
U.S. Court of Appeals for Veterans Claims
Jamison is a musician who is suing the federal government for using his copyrighted song in an advertisement for national parks, for which they neither asked permission nor compensated him. In which of the following courts is Jamison's trial to take place?
U.S. Court of Federal Claims
Jim and Alison are trial lawyers trying a case in federal court. This case came about as the result of a dispute between the federal government and a private land owner over rights to and use of land directly adjacent to federally-maintained national forests in Wyoming. Today will be the first day of the trial to determine whether the plaintiff (the federal government) or the defendant (the private land owner) has the right to determine this adjacent land's use. In which of the following courts is this case being tried?
U.S. District Court in Wyoming
