Ch.11 Courts Of Appellate Jurisdiction Test Bank Answers

CHAPTER 11

Multiple-Choice Questions

1. Appellate courts may review issues from decisions made by
   1. Trial courts.
   2. Administrative agencies.
   3. Both a and b.
   4. Neither a nor b.
2. Which of the following is not a characteristic of most appellate courts?
   1. Possess original jurisdiction.
   2. Hear appeals from trial courts.
   3. Conduct hearings in groups of judges.
   4. Courts of record.
3. Which of the following is an error of law?
   1. Inappropriate jury verdict.
   2. Inadequate representation by counsel.
   3. Incorrect determination of a fact at issue.
   4. Utilization of plea bargaining.
4. How many states have only a single level of appellate courts?
   1. 0.
   2. 3.
   3. 10.
   4. 25.
5. Among the 50 states, ______ have an intermediate appellate court.
   1. 40.
   2. 36.
   3. 25.
   4. 20.
6. Which of the following states calls its trial courts “supreme courts”?
   1. Texas.
   2. Oklahoma.
   3. New York.
   4. Virginia.
7. How many justices may be on a state court of last resort?
   1. Five.
   2. Seven.
   3. Nine.
   4. All of the above.
8. How are state supreme court justices selected?
   1. Election.
   2. Appointment.
   3. Merit selection.
   4. All of the above.
   5. None of the above.
9. Who serves on the state boards that handle judicial conduct and discipline issues?
   1. Judges.
   2. Attorneys.
   3. Lay people.
   4. All of the above.
10. The majority of the workload for state court of intermediate appeals is composed of
    1. Original jurisdiction cases.
    2. Criminal appeals.
    3. Civil appeals.
    4. Death penalty cases.
11. Which of the following has resulted in increased scrutiny of state courts of last resort in recent years?
    1. Excessive damages in civil cases.
    2. Jury instructions in criminal cases.
    3. Death penalty sentences.
    4. Judicial misconduct.
12. The caseload of the federal courts of appeals includes
    1. Cases originating in state courts.
    2. Cases originating in federal district courts.
    3. Cases from military tribunals.
    4. Both a and b.
    5. None of the above.
13. The caseload of the U.S. Supreme Court is currently
    1. Increasing.
    2. Decreasing.
    3. Remaining constant.
    4. Growing larger than that of state trial courts.
14. The U.S. Supreme Court most frequently exercises ______________ jurisdiction.
    1. Original.
    2. Appellate.
    3. Concurrent.
    4. Equitable.
15. The power of judicial review is applicable to acts performed by
    1. Lower state courts.
    2. Federal legislatures.
    3. Executive officers.
    4. Only a and b.
    5. a, b, and c.
16. The U.S. Supreme Court has affirmed a constitutional right to __________ appeals.
    1. First-level.
    2. Second-level.
    3. Discretionary.
    4. Any type of.
17. What may cause the ruling of the U.S. Supreme Court to fail to be the final word on an issue?
    1. Constitutional amendment.
    2. Congressional legislation.
    3. Executive enforcement.
    4. All of the above.
18. Federal postconviction relief is also known as ____________ relief.
    1. Automatic.
    2. Mandatory.
    3. Collateral.
    4. Discretionary.
19. A situation in which all of a court’s judges hear a case is a(n) ____________ hearing.
    1. Collegial.
    2. En banc.
    3. Discretionary.
    4. Advisory.
20. The case and controversy rule prohibits the U.S. Supreme Court from issuing __________ opinions.
    1. Advisory.
    2. Discretionary.
    3. Obligatory.
    4. Untimely.

True/False Questions

1. Appellate courts are given the responsibility for correcting errors of fact.

a. True

b. False

2. All 50 states now have intermediate appellate courts.

a. True

b. False

3. As a result of state size or workload, some states have intermediate appellate courts that meet in multiple locations.

a. True

b. False

4. In Oklahoma and Texas the state supreme courts only hear appeals in civil cases.

a. True

b. False

5. All of the justices serving on state courts of last resort have lifetime tenure like their federal counterparts.

a. True

b. False

6. The U.S. Supreme Court is composed of eight associate justices plus the chief justice.

a. True

b. False

7. The Supreme Court first asserted the right of judicial review in the case of Griswold v. Connecticut.

a. True

b. False

8. Most of the cases that reach the U.S. Supreme Court come on discretionary appeals through writs of certiorari.

a. True

b. False

9. Federal courts can refuse to hear state court appeals if there has not been an exhaustion of state remedies.

a. True

b. False

10. Adding more justices to the U.S. Supreme Court would not help the Court to hear more cases.

a. True

b. False

Essay Questions

1. Describe the unique functions and characteristics of appellate courts.
2. Explain the various strategies that are utilized to allow intermediate state appeals courts to meet. What differences might this setup make in the overall court structure and case outcome? Be specific and give examples.
3. Discuss the implications of automatic appeals of death penalty cases to state courts of last resort. Should this be mandated in all death penalty cases? Does this process place an unfair burden on the court system? Explain your reasoning.
4. Discuss the ever-increasing workload of appellate courts. How should this issue be remedied?
5. Describe the situations in which the U.S. Supreme Court may not be the final word on a legal issue. Is this acceptable when it is designed to be the nation’s court of last resort? How does this fall into the overall system of checks and balances?

Matching Questions

1. Demonstrated the creation of law by the U.S. Supreme Court regarding a right to privacy.
2. Allows police officers to be sued for violating suspects’ civil rights.
3. Resulted in the redesign of state death penalty statutes.
4. Resulted in most state death penalty statutes including a provision that allows for automatic appeals from the trial court to the state court of last resort.
5. Provides the general authority for the U.S. Supreme Court.
6. Established the Supreme Court’s power of judicial review.
7. Resulted in a successful habeas corpus claim for an individual denied the assistance of counsel.
8. Gave the federal courts of appeals their current jobs and functions.
9. Ruled that uniform personal income taxes were invalid.
10. Created the federal courts of appeals.