Intro to Law for Paralegals CH 5

The United States Supreme Court

All of the above: Hears all appeals as a group, Reaches decisions by a majority vote, Consists of a Chief Justice and eight associate justices.

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

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

It is in federal courts where over 98% of all legal business occurs.

False

Most court cases begin in an appellate court.

False

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

False

Two Justices who currently serve on the United States Supreme Court are

Ginsberg and Thomas

Which of the following is true?

Trials consist of determining the answers to questions of law and questions of fact.

Appellate courts review the actions taken by trial courts.

True

Federal district and circuit courts are considered to be inferior courts.

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

True

The federal courts can only hear cases if the Constitution has given them the power to do so.

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

Federal courts may hear cases

dealing with state law issues if the litigants are from different states and the amount in controversy is over $75,000.

Most cases that reach the United States Supreme Court do so by

requesting a writ of certiorari.

When a panel of federal judges decides a case, this is called

sitting en banc.

Which of the following is NOT true?

tate trial courts always have general jurisdiction.

If the United States Supreme Court denies a writ of certiorari, this means

the Court neither agrees nor disagrees with the circuit court. It simply does not want to hear the case.

Same facts as above. The decision of the Massachusetts federal district court

will be binding in Joe's case, but will only be persuasive in future cases litigated in Massachusetts state courts.

The function of an appellate court is to

Both A and B: Review the actions taken by trial courts, Decide questions of law.

Which of the following raises a question of law?

Both A and C: The defendant was speeding., The defendant was intoxicated.

Bruce was in an automobile accident. So far, Bruce's medical bills have exceeded $80,000. In addition, his car was damaged. The repairs cost him $10,000. Bruce is from New York. The person he wants to sue is also a resident of New York.

Bruce may bring his suit only in a New York state court.

Jim, a Massachusetts resident, slipped on a banana peel in the Shop Here Grocery store located near his home. Jim wants to sue the store for the negligent failure to maintain its premises in a safe condition. Because Shop Here Grocery store was incorporated in Delaware, Jim can sue in federal court under diversity of citizenship jurisdiction. In deciding the case, the federal court will rely upon

Massachusetts negligence law.