Name ___________________________ Class _____________________ Date _______ CHAPTER 18: THE FEDERAL COURT SYSTEM Test A 3 A. Key Terms Directions: Match each term in Column II with the number of the correct definition in Column I. (3 points each) Column I Column II ______ 1. person against whom a suit is filed a. appellate jurisdiction ______ 2. the person who files a suit b. brief ______ 3. power of a court to review decisions of lower courts c. civil case ______ 4. power of a court to hear a case first d. civilian tribunal e. court-martial ______ 5. a list of cases to be heard by a court f. defendant ______ 6. a case involving a noncriminal matter g. docket ______ 7. a written statement filed by each party to a case before oral arguments are made h. original jurisdiction ______ 8. a Supreme Court order to a lower court to send up a case record for review j. writ of certiorari i. plaintiff ______ 9. a court operating as part of the judicial branch, entirely separate from the military ______ 10. a court composed of military personnel to try those accused of violating military law B. Main Ideas Directions: Write the letter of the best answer or ending in each blank. (4 points each) ______ 11. The U.S. court system is called a dual court system because it has both a. a Supreme Court and inferior courts. c. State and federal courts. b. trial courts and courts of appeals. d. civilian and military courts. ______ 12. Which courts can exercise both original and appellate jurisdiction? a. federal district courts c. the Supreme Court b. federal courts of appeals d. all of the constitutional courts ______ 13. Which of the following officials are appointed for life? a. judges of the constitutional courts c. U.S. magistrates b. judges of the special courts d. U.S. marshals ______ 14. When the U.S. government is sued, the case is first heard in the a. Court of Federal Claims. c. Supreme Court. b. Court of Appeals. d. federal district court. Copyright © by Pearson Education, Inc., or its affiliates. All rights reserved. 53 0053_mag09_Ch18_TESTA.indd 53 12/17/08 10:57:43 AM Name ___________________________ Class _____________________ Date _______ CHAPTER 18: THE FEDERAL COURT SYSTEM Test A (continued) ______ 15. Which of the following courts would try customs cases? a. the Court of Federal Claims b. the Court of Appeals for the Federal Circuit c. the Court of International Trade d. the U.S. Tax Court ______ 16. Which opinions are issued for a unanimous Supreme Court decision? a. a majority opinion and a dissenting opinion b. a concurring opinion only c. a majority opinion only or a majority and concurring opinions d. a majority opinion, a concurring opinion, and a dissenting opinion ______ 17. The courts set up by Congress for the Virgin Islands, Guam, and the Northern Mariana Islands are called a. district courts. c. territorial courts. b. island courts d. protectorate courts. ______ 18. Federal and State courts have concurrent jurisdiction in cases in which a. an American citizen sues the citizen of another country. b. a citizen from one State sues the citizen of another State for damages greater than $75,000. c. an American citizen sues another citizen in the same State. d. a citizen from one State sues the citizen of another State for damages less than $75,000. Supreme Court Appeals from the Highest State Courts U.S. Court of Appeals for the Armed Forces U.S. Court of Appeals for the Federal Circuit 12 U.S. Courts of Appeals Military Courts U.S. Court of International Trade U.S. Court of Federal Claims 94 District Courts U.S. Court of Appeals for Veterans Claims Appeals from Federal Regulatory Agencies U.S. Tax Court Territorial Courts Courts of the District of Columbia ______ 19. Based on the diagram above, appeals are made to the U.S. Court of Appeals for the Federal Circuit from all of the following courts EXCEPT a. the U.S. Court of Appeals for Veterans Claims. b. the U.S. Court of Federal Claims. c. the U.S. Tax Court. d. the U.S. Court of International Trade. Copyright © by Pearson Education, Inc., or its affiliates. All rights reserved. 54 0053_mag09_Ch18_TESTA.indd 54 1/19/09 10:48:27 AM Name ___________________________ Class _____________________ Date _______ CHAPTER 18: THE FEDERAL COURT SYSTEM Test A (continued) ______ 20. Which of the following shows a correct appellate path? a. district court U.S. Court of Appeals U.S. Court of Appeals for Supreme Court the Federal Circuit b. territorial court U.S. Court of Appeals for the Federal Circuit Supreme Court c. U.S. Court of Appeals for Veterans Claims U.S. Court of Federal Supreme Court Claims d. military court U.S. Court of Appeals for the Armed Forces Supreme Court C. Document-Based Question Directions: Answer the following question on the back of this paper or on a separate sheet of paper. (7 points) It is emphatically the province and duty of the judicial department to say what the law is. . . . If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution: if both the law and the constitution apply to a particular case . . . the court must determine which of these conflicting rules gov erns the case. This is of the very essence of judicial duty. . . . —Chief Justice John Marshall, Marbury v. Madison, 1803 21. What power of the courts does this quote describe? Explain why the Marbury v. Madison case was so significant. D. Critical Thinking Directions: Answer the following question on the back of this paper or on a separate sheet of paper. (7 points) 22. Explain the difference between judicial restraint and judicial activism. E. Essay Directions: Answer the following question on the back of this paper or on a separate sheet of paper. (16 points) When considering this question, think about what you have learned about the federal court system from your textbook, class work, and other sources. You may wish to include information from current events to support your argument. 23. Does the structure of the federal court system allow it to administer justice effectively? Explain. Copyright © by Pearson Education, Inc., or its affiliates. All rights reserved. 55 0053_mag09_Ch18_TESTA.indd 55 1/19/09 10:48:57 AM
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