STUDENT STUDY GUIDE
CHAPTER TEN
Multiple Choice Questions
1. Which of the following is a mechanism for the funding of state courts?
a. Local funding
b. State funding
c. Federal funding
d. Both a and b
e. a, b, and c
2. How many separate court systems exist in the United States?
a. 50
b. 51
c. 52
d. None of the above
3. To illustrate the operation of various levels of courts, the court system can be compared
to ________.
a. the earth’s crust
b. a sandwich
c. an onion
d. a wedding cake
4. At which level do the vast majority of cases in the U.S. fall?
a. Level I
b. Level II
c. Level III
d. Level IV
5. Who makes the final decision whether to have a case tried by a judge or jury?
a. The defendant
b. The prosecutor
c. The defense attorney
d. The victim
6. The greatest percentage of cases processed by state courts are ________.
a. civil
b. misdemeanors
c. felonies
d. appeals
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7. Which of the following is not an example of a breach of contract case?
a. Partnership disputes
b. Product liability
c. Rental/lease disputes
d. Employment discrimination
8. Which of the following is not a feature of civil cases?
a. No right to a speedy trial
b. No right to counsel
c. Extensive use of plea bargaining
d. Cases accepted on a contingency fee basis
9. According to the Bureau of Justice Statistics, what percentage of state felony sentences
result from a guilty plea?
a. 80%
b. 85%
c. 90%
d. 95%
10. ____________ jurisdiction exists when there is overlapping jurisdiction between state
and federal courts.
a. Concurrent
b. Parallel
c. Contemporaneous
d. Synchronized
11. Constitutional courts are created by Article _____.
a. I
b. II
c. III
d. IV
12. Legislative courts may exercise _______________ power(s).
a. judicial
b. legislative
c. administrative
d. all of the above
13. Which of the following is not a provision of the Judiciary Act of 1789?
a. Allowed for the appointment of U.S. Marshals
b. Established the membership of the U.S. Supreme Court
c. Allowed for the appointment of a U.S. Attorney General
d. Established state courts of limited jurisdiction
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14. Which political party was concerned that national courts would become tyrannical
institutions?
a. Federalists
b. Anti-Federalists
c. Whigs
d. Libertarians
15. Violations of the Racketeer Influenced and Corrupt Organizations Act are tried in
_________ courts.
a. state
b. federal
c. bankruptcy
d. admiralty
Multiple Choice Answer Key
1. d
2. c
3. d
4. d
5. a
6. a
7. b
8. c
9. d
10. a
11. c
12. d
13. d
14. b
15. b
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True/False Questions
1. Courts of original jurisdiction handle the majority of both civil and criminal trial work.
2. Most states resolve law and equity cases in separate court systems.
3. State court systems are generally identical to one another.
4. There is often significant variation in the local legal culture within the confines of one
state.
5. Level II crimes can be distinguished by the significant amount of media attention that
they receive.
6. Courts of general trial jurisdiction may hear cases on appeal in some instances.
7. Criminal cases in courts of general trial jurisdiction are often prosecuted by police
officers and crime victims.
8. There is a presumption that felony cases will be tried by a jury.
9. Courts of general trial jurisdiction often have different physical appearances than courts
of limited jurisdiction.
10. Many courts of general trial jurisdiction do not require judges to possess a law degree.
11. The current trend is a decline in civil case filings.
12. The buyer is the plaintiff in most breach-of-contract cases processed in state courts.
13. Level III cases involve a significant amount of plea bargaining.
14. The most common type of state civil trial is the medical malpractice lawsuit.
15. Tort claims may be filed against state and local governments.
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True/False Answer Key
1. T
2. F
3. F
4. T
5. F
6. T
7. F
8. T
9. T
10. F
11. T
12. F
13. T
14. F
15. T
Study Questions
1. Discuss the reasons that civil cases may be more difficult than criminal cases to
resolve in a routine manner. In what real-life cases and scenarios can these issues be
observed? What implications does this have for society and the legal system? Be
specific and give examples.
2. Discuss the use of contingency fees. What purpose does this arrangement fulfill? Is
it ethical for attorneys to take such a significant portion of a client’s damages?
Explain your reasoning.
3. Discuss the concerns that the nation’s founders attempted to address as the federal
courts were created. Do any of these concerns still exist today? What new issues
have been raised regarding the court system as society has changed over time?
4. Discuss the speedy trial provision. Should attorneys always be required to take a case
to court within a specified time period? What factors should be weighed in making
this decision? Explain your reasoning.
5. Discuss the balance of court workload and the factors that contribute to each court’s
share of cases. Is it fair that most cases are handled by only a few courts? How
should court workload be allocated? Explain your reasoning.
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Matching Questions
1. Has been delegated the authority to define and alter state court jurisdictions and
structures
2. Cases between two or more states, or between citizens of different states
3. Courts of limited jurisdiction that resolve only equity cases
4. Has been delegated the authority to define and alter federal court jurisdictions and
structures
5. Also known as trial courts
6. Cases that involve maritime law
7. Courts that handle both civil and criminal caseloads
8. Cases that concern matters centering on marriages and families
9. Courts that handle exclusively civil or criminal caseloads
10. Cases that are based upon a rigid and formalized legal system
11. Occurs when an individual or company acts in a manner contrary to the way they are
legally obligated to act
12. Courts that are given the authority to try any state crimes
13. Cases that are designed to provide fairness when the legal remedies available are
inadequate
14. Defines the jurisdiction of state courts
15. Cases in which individuals and businesses rely on the courts to enforce their legal rights
and protect their economic interests
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Word Bank
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
admiralty
law
chancery courts
equity
domestic relations
general trial jurisdiction courts
state legislatures
breach of contract
U.S. Congress
tort
unified courts
state constitutions
courts of original jurisdiction
diversity of citizenship
specialized courts
Matching Answer Key
1. g
2. n
3. c
4. i
5. m
6. a
7. k
8. e
9. o
10. b
11. j
12. f
13. d
14. l
15. h
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Chapter Summary
Courts of general trial jurisdiction handle the majority of U.S. trial work. These courts
may have limited or general jurisdiction; be unified or specialized; handle cases at law or equity;
and be state or locally funded. The creation of state courts depends upon a variety of factors,
including the time that the state entered the Union, the political culture, the local legal culture,
and state traditions.
The jurisdiction of state courts is defined by the state constitution, which delegates
authority to the state legislature to define the court’s jurisdiction. The structure of courts can be
portrayed through a “wedding cake model.” This model consists of four levels of cases. Level I
are celebrated cases that receive significant public and media attention. Level II are the most
serious felonies, a high percentage of which are resolved through a trial. Level III are less
serious felonies, such as property and drug offenses, and in which plea bargaining takes place
more frequently. Level IV are misdemeanor cases and are often processed by courts of limited
jurisdiction. Citizens are frequently exposed to these cases, as there are more Level IV offenses
committed each year than the other three levels combined.
Courts of original jurisdiction are the trial courts where cases are originally heard and
recorded. These courts hear evidence, decide who wins and loses the case, and determine
remedies and sentences. Courts of general trial jurisdiction are authorized to try any state crime.
They handle fewer cases than courts of limited jurisdiction, are courts of full record, utilize
attorneys and juries, have a dignified physical appearance, and require judges to be trained as
attorneys.
State courts process the vast majority of civil and criminal cases in the U.S. The majority
of these are civil cases, which include breach-of-contract cases, tort claims, and domestic
relations issues. In civil cases, there is no right to counsel or to a speedy trial, and the cases may
be more difficult to resolve. In criminal cases, there has been a growth in the number of felony
cases and a decrease in property crimes and violent offenses.
Federal District Courts were established by Article III of the U.S. Constitution. The
Constitution establishes the U.S. Supreme Court and allows Congress to determine the logistics
of other federal courts. Constitutional courts, which are created by Article III, have only judicial
powers. Legislative courts, which are created by Article I, may exercise judicial, legislative, and
administrative powers. The Judiciary Act of 1789 allowed for the creation of federal courts
below the U.S. Supreme Court. Federal district courts have jurisdiction over cases regarding
admiralty, diversity of citizenship, the U.S. government as a party, and federal crimes. Federal
courts may only decide cases and controversies, and court jurisdiction may be changed by court
interpretation and Congressional enactments. Civil cases heard by federal district courts include
civil rights, criminal, and bankruptcy cases.
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