Unit 3 of 5
Study guide for DSST DSST Criminal Justice — Unit 3: Courts and Adjudication. Practice questions, key concepts, and exam tips.
16
Practice Questions
12
Flashcards
6
Key Topics
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In the United States, the court system is divided into two main categories: federal and state. Which of the following is a primary difference between the federal and state court systems?
Answer: B — The correct answer is B because the primary difference between federal and state court systems is the type of cases they have jurisdiction over. Federal courts have jurisdiction over cases involving federal laws, while state courts have jurisdiction over cases involving state laws. Option A is incorrect because both federal and state courts have appellate and original jurisdiction. Option C is incorrect because both federal and state courts can hear cases involving maritime and family law. Option D is incorrect because while federal judges are appointed by the President, state judges can be either appointed or elected, depending on the state.
A district court judge is presiding over a case involving a federal law violation. The defendant has filed a petition to have the case heard in a higher court due to concerns about the judge's impartiality. Which of the following courts would be the next level of adjudication for this case?
Answer: C — The correct answer is C) United States Court of Appeals, because in the federal court system, the United States Court of Appeals is the intermediate appellate court that hears appeals from the district courts. The Supreme Court (A) is the highest court in the land, but it is not typically the next level of adjudication. The Court of Appeals for the Federal Circuit (B) has limited jurisdiction and primarily hears appeals related to patent and trademark cases. The State Supreme Court (D) is the highest court in a state and would not have jurisdiction over a federal law violation case. This question requires the test-taker to understand the structure and jurisdiction of the federal court system.
A district court judge is presiding over a case involving a federal statute. The defendant has filed a motion to dismiss the case, arguing that the court lacks jurisdiction. However, the case also involves a state law claim. Which of the following is the most likely reason the district court has jurisdiction over this case?
Answer: C — The correct answer is C because federal district courts have federal question jurisdiction, which allows them to hear cases that involve federal statutes or the US Constitution. This is stated in Article III, Section 2 of the US Constitution. The other options are incorrect because A) diversity jurisdiction requires complete diversity between the parties and an amount in controversy over $75,000, which is not mentioned in the scenario; B) is incorrect because district courts do have jurisdiction over federal law claims; and D) is incorrect because district courts can hear cases that involve both federal and state law claims, this is known as supplemental jurisdiction.
In the United States, the court system is divided into two main categories: federal and state. Which of the following best describes the primary difference between these two systems?
Answer: C — The correct answer, C, is correct because federal courts have jurisdiction over cases involving federal laws and the Constitution, while state courts have jurisdiction over cases involving state laws. Option A is incorrect because both federal and state courts can have appellate and original jurisdiction. Option B is incorrect because it reverses the actual jurisdiction of federal and state courts. Option D is incorrect because both federal and state courts can hear civil and criminal cases.
A district court judge is presiding over a case involving a federal statute that was allegedly violated by a defendant. The defendant's attorney files a motion to dismiss the case, arguing that the district court lacks jurisdiction to hear the case because it involves a constitutional issue. However, the judge determines that the case is properly before the court because it involves a federal question. Which of the following is the most likely reason why the district court has jurisdiction to hear this case?
Answer: A — The correct answer is A) The district court has original jurisdiction over cases involving federal questions. This is because federal district courts have original jurisdiction over cases that involve federal questions, which are cases that arise under the Constitution or federal statutes. The other options are incorrect because B) appellate jurisdiction refers to the power of a higher court to review the decisions of a lower court, C) concurrent jurisdiction refers to the power of multiple courts to hear the same type of case, and D) is incorrect because district courts do have jurisdiction over cases involving federal questions.
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