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The federal court system consists of the following: trial courts (primarily the U.S. district courts, but also various specialized courts), appellate courts (U.S. courts of appeals), and one Supreme Court.
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Original jurisdiction: (Check all that apply)
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means the power to hear and determine the case first
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given to the Supreme Court
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District courts have original jurisdiction.
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Trial courts do not have original jurisdiction.
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What are some of the things that take place at a trial? (Check all that apply)
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parties resolve their disputes
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the parties present evidence supporting their position
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judge rules on all legal issues that arise during the trial.
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recorded statements of experts are taken in preparation of litigation
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A judge always makes the decisions in a trial.
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What are the two steps involved in resolving a dispute in a trial court? Check two.
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The court must determine the facts of the dispute.
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The court must issue punishment.
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The court must apply the appropriate law to the facts.
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The court must seek outside analysis from an expert witness on its own.
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The court picks the attorney who is the most ethical when determining how to resolve the dispute.
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Who can be a trier of fact in a trial court? (Check all that apply)
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The plaintiff
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The judge
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The defendent
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The public
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The jury
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The attorneys
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In criminal cases, federal jurisdiction exists when the crime is a violation of federal law.
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In civil cases, federal jurisdiction only occurs when the dispute revolves around the U.S. Constitution.
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Diversity of citizenship (check all that apply): A basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000.
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is a basis for federal court jurisdiction.
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is against the law
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occurrs when the plaintiff and defendant are residents of different states
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requires that the amount in controversy exceed $75,000
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requires citizenship to live in the U.S.
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Thirteen federal jurisdictions make up the intermediate appellate level of the federal court system and the United States is divided into twelve separate geographical appellate areas, called circuits.
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Any court can hear appeals in patent, copyright, and trademark cases, as well as all appeals from the U.S. Claims Court and the U.S. Court of International Trade.
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En banc relates to a case that involves a financial institution.
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Check all of the answers that apply to the appellate process!
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The appellate court is the first to hear a case.
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An appellate court is a court of review.
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The purpose of appellate review is to guarantee that parties receive a fair trial.
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The appellate judges review the case to see if they agree with the outcome at the trial court.
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The appellate judges review what happened at the trial court to make sure that the trial was fair.
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When there is an appeal, what needs to be prepared? (Check all that apply)
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In exercising its appellate jurisdiction, the court examines the record to determine whether any substantial legal errors were committed that denied the appealing party (the appellant) a fair trial. What are some examples of legal errors?
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erroneously admitted or excluded evidence
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unfavorable testimony to either side
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improper jury instructions
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friendship between attorneys on both sides
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In reviewing a case, the appellate court can affirm or uphold the trial court’s decision and it can reverse, or change, the trial court’s decision. It can also reverse and remand.
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The Supreme Court has 7 justices and two alternates, in addition to a Chief Justice.
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The Supreme Court can hear any kind of case--even those that relate to state law only.
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Parties desiring a hearing before the Supreme Court usually file a document known as :
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Technology of any kind is not permitted in any courtroom.
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The U.S. Supreme Court is the highest court in the nation and any decision it makes is final.
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State court systems are set up differently than the federal court system.
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Trial courts are referred to in some states as: (Check all that apply)
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superior courts
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municipal courts
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lower court
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circuit court
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kangaroo court
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city court
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surrogate court
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supreme court
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magistrate court
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Federal court judges are elected by the people.
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Magistrates are appointed by the judges of the district court and must possess the qualifications to serve as a judge.
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State court judges are installed in the same way as federal court judges.
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Court personnel include: (Check all that apply)
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Court clerk
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plaintiff
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court reporter
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bailiff
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What are the requirements for becoming a licensed attorney? (Check all that apply)
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Must pass a state bar examination
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Must pay $10,000 to the court
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Must be licensed in the state in which they wish to practice law
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Must have completed a four-year bachelor’s degree program followed by a three-year law school program.
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All states now require licensed attorneys to regularly complete a certain number of hours of continuing education in order to maintain their license to practice law.
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An attorney can work in
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Paralegals can give legal advice.
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A hearing before an administrative agency regarding a dispute between an individual and the agency is called an administrative hearing.
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What are some common professional organizations for the various members of the legal community?
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American Bar Association
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State Bar associations
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Local Bar associations
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American Trial Lawyers Association
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National Association of Legal Assistants (NALA)
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National Federation of Paralegal Associations (NFPA)
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all of the above
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The conduct of a judge is not regulated.
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What kind of relationship exists between client and attorney?
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fiduciary
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moral
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exclusive
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friendship
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What are some possible ethics sanctions for an attorney who fails to adhere to their state code of ethics? (Check all that apply)
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Disbarment
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Jail time
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reprimand
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suspension
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A paralegal does not have to abide by the rules of ethics because they are not licensed by the state.
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Lawyers have the discretion as to what client information they wish to keep confidential.
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Competency requires that attorneys have the requisite legal knowledge to handle a case.
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A conflict of interest occurs when the attorney cannot give all of his or her loyalty to the client because of some personal or financial relationship that exists.
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An attorney can set up his/her bank accounts in any way they wish.
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What are some tasks that would constitute the unauthorized practice of law if performed by a paralegal? (Check all that apply)