CRJ 340 Chapter 2/3

True Or False? Federal courts apply state - not federal - law when adjudicating state claims in federal court under their diversity of citizenship jurisdiction.

True

What judges perform virtually all tasks carried out by district court judges, except trying and sentencing felony defendants? A.) Circuit justices B.) Magistrate judges C.) Appellate court judges D.) Administrative judges

B.) Magistrate judges

What cases involve suits between citizens of different states or between a U.S. citizen and a foreign country or citizen? A.) diversity of citizenship cases B.) mandamus cases C.) en banc cases D.) venue cases

A.) diversity of citizenship cases

The "Rule of Four" refers to: A.) the number of justices required to vote in favor of granting certiorari to review a case. B.) the number of justices required to uphold or overturn a lower court ruling C.) the maximum number of presenters allowed during oral arguments D.) the maximum number of justices required to publish a dissenting opinion

A.) the number of justices required to vote in favor of granting certiorari to review a case.

Which Article of the U.S. Constitution provides the basis for the federal judiciary? A.) Article I B.) Article II C.) Article III D.) Article IV

C.) Article III

The key characteristics of common law include all of the following, except: A.)predominantly judge-made B.) found in multiple sources C.) based on justice D.) based on precedent

C.) based on justice

Original and appellate jurisdiction fall under what classification of jurisdiction? A.) geographical jurisdiction B.) subject matter jurisdiction C.) hierarchical jurisdiction D.) general jurisdiction

C.) hierarchical jurisdiction

Which of the following is not an element of a crime? A.) Mens Rea B.) Actus Reus C.) Attendant circumstances D.) Guilty conscience

D.) Guilty conscience

Which of the following is the highest burden of proof? A.) Clear and convincing evidence B.) Preponderance of evidence C.) Probable cause D.) Proof beyond a reasonable doubt

D.) Proof beyond a reasonable doubt

Which of the following is one example of a safeguard provided by the adversarial system? A.) the presumption of equality B.) pretrial detention of defendants C.) the right to compensation for losses suffered D.) the right to cross-examination

D.) the right to cross-examination

True or False? The Constitutional right to counsel applies at both criminal and civil proceedings.

False