Question 1

How many total Courts of Appeal have been created by Congress in the U.S.?

Accepted Answer

A)  50 
B)  51 
C)  25 
D)  5 
E)  13 
A)  50 
B)  51 
C)  25 
D)  5 
E)  13

Question 2

Those who believe in judicial restraint believe that social, political, and economic change in society should result from the political process rather than from court action.

Accepted Answer

A) True 
 B)False

Question 3

Jurors are required to give reasons for their decisions.

Accepted Answer

A) True 
 B)False

Question 4

Every citizen must have his or her petition for a writ of certiorari granted by the U.S. Supreme Court by right.

Accepted Answer

A) True 
 B)False

Question 5

Diversity of citizenship requires that all plaintiffs be citizens of different states from all defendants.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is most likely to be the function of a judge?

Accepted Answer

A)  Determining the relevant facts 
B)  Presenting evidence to the jury 
C)  Serving as representative advocates in the courts 
D)  Applying the law to the facts 
E)  Arguing the law to the court 
A)  Determining the relevant facts 
B)  Presenting evidence to the jury 
C)  Serving as representative advocates in the courts 
D)  Applying the law to the facts 
E)  Arguing the law to the court

Question 7

_____ believe that judicial review should be utilized when the needs of society justify its use.

Accepted Answer

A)  Strict constructionists 
B)  Judicial activists 
C)  Judicial realists 
D)  Judicial conservatives 
E)  Judicial abstentionists 
A)  Strict constructionists 
B)  Judicial activists 
C)  Judicial realists 
D)  Judicial conservatives 
E)  Judicial abstentionists

Question 8

Which of the following is true of the role of jurors?

Accepted Answer

A)  They determine the applicable rules of law relevant to the case. 
B)  They present the evidence and arguments to the juries and judges. 
C)  They apply the law to the facts. 
D)  They apply constitutional limitations and guarantees. 
E)  They determine the facts from conflicting evidence. 
A)  They determine the applicable rules of law relevant to the case. 
B)  They present the evidence and arguments to the juries and judges. 
C)  They apply the law to the facts. 
D)  They apply constitutional limitations and guarantees. 
E)  They determine the facts from conflicting evidence.

Question 9

The federal courts have original jurisdiction over all of the following matters EXCEPT:

Accepted Answer

A)  questions of federal law. 
B)  suits between citizens of the same state. 
C)  controversies among the states. 
D)  when the U.S. is a party. 
E)  cases arising out of the U.S. Constitution. 
A)  questions of federal law. 
B)  suits between citizens of the same state. 
C)  controversies among the states. 
D)  when the U.S. is a party. 
E)  cases arising out of the U.S. Constitution.

Question 10

Josh and Shiela are neighbors. One morning they have a motor vehicle accident. Amanda is severely injured and suffers $95,000 worth of medical and property damages. She believes that the accident was Josh's fault and wishes to sue. What would have to be different in order for Sheila to be able to file an initial complaint against Josh in a federal court?

Accepted Answer

A)  The amount must be less than $75,000. 
B)  Josh must have severely injured Sheila. 
C)  Josh and Sheila must live in different states. 
D)  Sheila must petition her elected officials. 
E)  Josh must have been intoxicated during the accident. 
A)  The amount must be less than $75,000. 
B)  Josh must have severely injured Sheila. 
C)  Josh and Sheila must live in different states. 
D)  Sheila must petition her elected officials. 
E)  Josh must have been intoxicated during the accident.

Question 11

The philosophy of judicial restraint is sometimes referred to as strict constructionism.

Accepted Answer

A) True 
 B)False

Question 12

In addition to the state in which it is incorporated, a corporation's "citizenship" is recognized by the courts as:

Accepted Answer

A)  any state where it conducts even a minor amount of business. 
B)  the state in which it maintains its principal place of business. 
C)  the state where its CEO lives. 
D)  the state where most of its employees live. 
E)  any state that the corporation declares as being its hometown. 
A)  any state where it conducts even a minor amount of business. 
B)  the state in which it maintains its principal place of business. 
C)  the state where its CEO lives. 
D)  the state where most of its employees live. 
E)  any state that the corporation declares as being its hometown.

Question 13

The attorney-client privilege extends to:

Accepted Answer

A)  conversations the client has with his or her coworkers. 
B)  emails written by the client to a family member. 
C)  communications made to the lawyer's employees. 
D)  letters written by the judge to the client. 
E)  the conversations between a client and the opposing party. 
A)  conversations the client has with his or her coworkers. 
B)  emails written by the client to a family member. 
C)  communications made to the lawyer's employees. 
D)  letters written by the judge to the client. 
E)  the conversations between a client and the opposing party.

Question 14

In most states, a jury's decision must be unanimous. What is the rationale behind such a requirement?

Accepted Answer

The decision must be unanimous because m

Question 15

Describe the functions and capacities that a lawyer serves in the legal system.

Accepted Answer

A lawyer serves in three capacities: cou

Question 16

The primary issue in Citizens United was the significance of:

Accepted Answer

A)  the First Amendment. 
B)  the Seventh Amendment. 
C)  the Confrontation Clause. 
D)  the War Powers Act. 
E)  the Fourteenth Amendment. 
A)  the First Amendment. 
B)  the Seventh Amendment. 
C)  the Confrontation Clause. 
D)  the War Powers Act. 
E)  the Fourteenth Amendment.

Question 17

The judicial power of the federal courts is defined and limited by the U.S. Constitution.

Accepted Answer

A) True 
 B)False

Question 18

Which of these can only be a state court?

Accepted Answer

A)  District court 
B)  Small claims court 
C)  Court of Appeals 
D)  Supreme Court 
E)  Bankruptcy court 
A)  District court 
B)  Small claims court 
C)  Court of Appeals 
D)  Supreme Court 
E)  Bankruptcy court

Question 19

What is the major reason Congress provides for diversity of citizenship jurisdiction and why could this help a litigant?

Accepted Answer

One of the reasons Congress provides for

Question 20

A lawyer's first duty is to his client.

Accepted Answer

A) True 
 B)False

Exam 3: The Court System

How many total Courts of Appeal have been created by Congress in the U.S.?

Those who believe in judicial restraint believe that social, political, and economic change in society should result from the political process rather than from court action.

Jurors are required to give reasons for their decisions.

Every citizen must have his or her petition for a writ of certiorari granted by the U.S. Supreme Court by right.

Diversity of citizenship requires that all plaintiffs be citizens of different states from all defendants.

Which of the following is most likely to be the function of a judge?

_____ believe that judicial review should be utilized when the needs of society justify its use.

Which of the following is true of the role of jurors?

The federal courts have original jurisdiction over all of the following matters EXCEPT:

The philosophy of judicial restraint is sometimes referred to as strict constructionism.

In addition to the state in which it is incorporated, a corporation's "citizenship" is recognized by the courts as:

The attorney-client privilege extends to:

In most states, a jury's decision must be unanimous. What is the rationale behind such a requirement?

Describe the functions and capacities that a lawyer serves in the legal system.

The primary issue in Citizens United was the significance of:

The judicial power of the federal courts is defined and limited by the U.S. Constitution.

Which of these can only be a state court?

What is the major reason Congress provides for diversity of citizenship jurisdiction and why could this help a litigant?

A lawyer's first duty is to his client.

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