Question 1

Appellate court proceedings may include:

Accepted Answer

A)   jurors
B)   witnesses
C)   cross?examination
D)   oral argument D

Question 2

What is meant by habeas corpus relief? Explain the history of habeas corpus in the United States and relate it the current situation of enemy combatants being held by the U.S. government in Cuba.

Accepted Answer

Habeas corpus relief refers to the legal right of a person to challenge their detention or imprisonment in court. It is a fundamental principle of the U.S. legal system that protects individuals from unlawful or arbitrary imprisonment.

The history of habeas corpus in the United States dates back to the country's founding. The right to habeas corpus is enshrined in the U.S. Constitution, specifically in Article I, Section 9, which states that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

Throughout American history, the right to habeas corpus has been tested during times of national crisis, such as the Civil War and World War II. In the landmark case of Ex parte Milligan (1866), the Supreme Court ruled that the suspension of habeas corpus by President Lincoln during the Civil War was unconstitutional in areas where the civil courts were still functioning.

In the current situation, the U.S. government has been holding enemy combatants in Guantanamo Bay, Cuba, since the early 2000s. The detention of these individuals has raised significant legal and ethical questions regarding their right to habeas corpus relief. The Supreme Court has ruled in cases such as Rasul v. Bush (2004) and Boumediene v. Bush (2008) that detainees at Guantanamo have the right to challenge their detention in U.S. courts through the writ of habeas corpus.

The issue of enemy combatants being held by the U.S. government in Cuba highlights the ongoing tension between national security concerns and the protection of individual rights. It also demonstrates the importance of habeas corpus as a safeguard against arbitrary detention, even in the context of national security. The legal battles surrounding the detention of enemy combatants in Guantanamo Bay continue to shape the ongoing debate over the balance between security and civil liberties in the United States.

Question 3

If a case is affirmed, it:

Accepted Answer

A)   means the case cannot be appealed to a higher court
B)   is sent back to the court that heard the case
C)   means the decision of a lower court was accepted by the appellate court
D)   will result in a new trial for the defendant C

Question 4

Which of the following approaches to studying judicial decision making rests on the assumption that appellate court judges view cases primarily in terms of policy preferences?

Accepted Answer

A)   judicial attitudes
B)   social backgrounds
C)   small group
D)   judicial role

Question 5

Explain the difference between mandatory and discretionary appellate jurisdiction.

Accepted Answer

The answer of Explain the difference between mandatory and discretionary...

Question 6

Which statement best describes post?conviction remedies?

Accepted Answer

A)   The Burger Court expanded the grounds upon which they can be filed.
B)   Defendants on probation are the most likely to win.
C)   Reform proposals primarily reflect concerns about judicial administration.
D)   They are most likely to be filed in capital punishment cases.

Question 7

Which statement best describes the appellate court process?

Accepted Answer

A)   Only questions of law may be appealed.
B)   Trial court findings of fact are subject to scrutiny.
C)   If the record is unclear, witnesses may be called.
D)   Single judges typically make the decision.

Question 8

State supreme courts have been consistently losing influence in the U.S. legal system.

Accepted Answer

A) True 
 B)False

Question 9

Describe three key features of criminal appeals.

Accepted Answer

The answer of Describe three key features of criminal appeals....

Question 10

According to studies of judicial role, which phrase best describes judges who express a very narrow and traditional view of the judicial process?

Accepted Answer

A)   conservatives
B)   pragmatists
C)   law interpreters
D)   lawmakers

Question 11

Which of the following is not one of the common steps in appellate procedure?

Accepted Answer

A)   writing and filing briefs
B)   selecting jurors
C)   presenting oral argument
D)   writing an opinion

Question 12

What are two important factors in understanding how appellate court judges make their decisions?

Accepted Answer

The answer of What are two important factors in understanding...

Question 13

The U.S. Supreme Court and most state supreme courts largely have mandatory jurisdiction.

Accepted Answer

A) True 
 B)False

Question 14

Which statement best describes post?conviction remedies?

Accepted Answer

A)   they may be filed only in federal court
B)   they are limited to issues raised on appeal
C)   they are limited to constitutional defects
D)   they are limited to one filing
E)   they may only be filed in the court that convicted the defendant

Question 15

When an appellate court remands a case, it:

Accepted Answer

A)   affirms the lower court's decision
B)   reverses the lower court's decision
C)   returns the case to the lower court
D)   submits the case to a higher court
E)   shifts the case to another appellate court

Question 16

Cases in the U.S. Courts of Appeals can come from:

Accepted Answer

A)   federal administrative agencies that lost in a lower court
B)   state supreme courts
C)   the U.S. Supreme Court
D)   the U.S. Court of Appeals for the Federal Circuit

Question 17

The partisan views of appellate judges have been linked to their decisions.

Accepted Answer

A) True 
 B)False

Question 18

Describe the two primary purposes of appeal in the United States legal system.

Accepted Answer

The answer of Describe the two primary purposes of appeal...

Question 19

What are the primary differences between trial and appellate courts?

Accepted Answer

The answer of What are the primary differences between trial...

Question 20

Efforts to improve the efficiency of appellate courts have included all of the following, except:

Accepted Answer

A)   eliminating oral argument
B)   issuing summary affirmations
C)   issuing unpublished opinions
D)   eliminating dissenting opinions

Exam 13: The Appellate Process

Appellate court proceedings may include:

What is meant by habeas corpus relief? Explain the history of habeas corpus in the United States and relate it the current situation of enemy combatants being held by the U.S. government in Cuba.

If a case is affirmed, it:

Which of the following approaches to studying judicial decision making rests on the assumption that appellate court judges view cases primarily in terms of policy preferences?

Explain the difference between mandatory and discretionary appellate jurisdiction.

Which statement best describes post?conviction remedies?

Which statement best describes the appellate court process?

State supreme courts have been consistently losing influence in the U.S. legal system.

Describe three key features of criminal appeals.

According to studies of judicial role, which phrase best describes judges who express a very narrow and traditional view of the judicial process?

Which of the following is not one of the common steps in appellate procedure?

What are two important factors in understanding how appellate court judges make their decisions?

The U.S. Supreme Court and most state supreme courts largely have mandatory jurisdiction.

Which statement best describes post?conviction remedies?

When an appellate court remands a case, it:

Cases in the U.S. Courts of Appeals can come from:

The partisan views of appellate judges have been linked to their decisions.

Describe the two primary purposes of appeal in the United States legal system.

What are the primary differences between trial and appellate courts?

Efforts to improve the efficiency of appellate courts have included all of the following, except: