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CRJU 20413 Chapter Notes - Chapter 7: Ruth Bader Ginsburg, Elena Kagan, United States Court Of Appeals For The Federal Circuit

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tandonkey408
10 Feb 2017
School
TCU
Department
Criminal Justice
Course
CRJU 20413
Professor
Merken

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Document Summary

Chapter 7 the courts pages 208-209 & 215-219. History and structure of the american court system. Two types of courts function within the american criminal justice system: state courts and federal courts. The federal court system is the three-tiered structure of federal courts, comprising u. s. district courts, u. s. courts of appeals, and the u. s. supreme court. The state court system is a state judicial structure; most states generally have a least three court levels: trial courts, appellate courts, and a state supreme court. This dual-(cid:272)ourt syste(cid:373) is the result of ge(cid:374)eral agree(cid:373)e(cid:374)t a(cid:373)o(cid:374)g the (cid:374)atio(cid:374)"s fou(cid:374)ders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. Jurisdiction is the territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution.

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Related Questions

Question 1

You are president of ACME Enterprises. Every year you have to pay a federally imposed fee for your business. This statute arises from a statute that was previously passed by the United States Congress. Being very "anti-tax" you decide one year that you are tired of paying the fee and that you want to get the fee eliminated. However, you do believe that the fee is constitutional. Which branch of government could pass a law which could eliminate this fee for you?

Judicial B. Legislative C. Executive D. Municipal

Question 2

Which of the following statements is not true?

Bob, a resident of New Jersey, sues Ed, a resident of Florida, for $100,000 over a real estate deal. Bob must bring his suit in a Florida court. B. The conflict of laws may guide a federal court in deciding which state's laws to apply in a case. C. Federal courts have exclusive jurisdiction over bankruptcy cases. D. You are not required to be represented by an attorney in small claims court

Question 3

You were convicted of the federal crime of possession of cocaine with intent to distribute across interstate lines. Your case was tried in the United States District Court for the Southern District of West Virginia. Now, you wish to appeal your case to get your conviction overturned. To which body should you first appeal your case?

United States Supreme Court B. 4th Circuit Court of Appeals. C. United States Magistrate Court D WV Supreme Court

Question 4

Venue concerns:

Whether a federal court has jurisdiction B. The most appropriate court for the action to be brought within a particular state or federal jurisdiction C. Whether a state court has jurisdiction. Whether a defendant has properly served with process

Question 5

The decision of a state court can never be appealed to the U.S. Supreme Court.

True or False

Question Six

A rule of law enabling the defendant to win even if all of plaintiff’s allegations are true is a

A.

Counterclaim B. Deposition C. Judgement N.O.V. D. Affirmative Defense

Question 7

Johnson is a creditor of Barnes. Johnson wants to file a petition to have Barnes declared bankrupt. Which of the following statements is true?

Johnson can file his petition in either state or federal court B. Johnson should file his petition in US. District court C. Only a federal bankruptcy can hear a bankruptcy case D. bankruptcy cases can be heard in federal tax court

Question 8

Which of the following is a type of alternative dispute resolution that is binding on the parties?

Mediation B. Non-binding arbitration C. Binding arbitration D. Summary jury trial

Question 9

A writ of certiorari is the most common way to appeal a case to the Supreme Court.

True Or False

Question 10

A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a:

Treatise B. Citation C. Brief D. Transcript

Question 11

Which of the following Alternative Dispute Resolution processes can result in a decision that, under most circumstances, can't be appealed to another organization?

Binding Arbitration B. Non-binding Arbitration C. Mediation D. Mini-trial E. A & C F. None of the above

Question 12

The decision of a mediator is binding upon the parties.

True or False

Question 13 A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Affirmative defense B. Cross-claim C. Counterclaim D. Dissenting opinion

Question 14

Federal question jurisdiction:

A type of jurisdiction possessed by state trial courts B. Is the most common form of U.S. supreme court jurisdiction C. requires that the amount in controversy be at least $10,000 D. is jurisdiction over questions arising under federal laws, treaties, and in the U.S. constitution

Question 15

The primary way a case can be appealed to the West Virginia Supreme Court is through filing a document referred to as a:

Writ of certiorari B. writ of habeas corpus C. writ of quo warranto D. writ of mamdamus

Question 16

Which of the following is NOT true of the appellate procedure?

The appellate court hears witnesses and fathers new evidence B. A transcript of the trial must be sent to the appeals court C. The appealing party must show that material errors occurred in the trial D. The appeals court may reverse and remand the decision

Question 17

If P sues D, and D wants to allege that P's own negligence caused her injury, D should allege this in:

The complaint B. The answer C. The reply D. The counterclaim

Question 18

Uncle Jesse wants to sue Cletus Hogg (Uncle Jesse's neighbor) for trespassing on Uncle Jesse's land and for causing $50,000 worth of damage to Uncle Jesse's land. Both Uncle Jesse and Cletus live in Jackson County, West Virginia. Uncle Jesse comes to the law office you work for and your supervising attorney concludes that Uncle Jesse's case can take place in state court in West Virginia. What court should your law firm file the complaint in?

Jackson county superior court B. Jackson county circuit court of appeals C. United states district court in the southern district of WV D. Jackson county circuit court E. 4th court of appeals

Question 19

Cases heard in the federal courts must involve either a federal question or situations in which there is diversity of citizenship between the parties.

True or False

Question 20

In the American legal system, a judge cannot overturn a jury verdict.

True or False

Question 21

A U.S. Court of Appeals is empowered to:

Hear witnesses and determine facts B. Hear only patent, copyright, and trademark appeals C. Review legal conclusions reached by lower federal courts and administrative agencies D. Make findings of fact

Question 22

A mini-trial is conducted under the supervision of the court.

True or False

Question 23

Eve attempts suicide by locking herself inside the trunk of her car. Someone discovers Eve after several days. She is still alive. Eve sues the manufacturer of her car for a large amount of money because it did not provide for a latch inside the trunk. Which of the following may be the first step that the car manufacturer would want to make in this case?

Make a motion to dismiss the case B. Make a motion for a directed verdict C. Make a motion of judgement n.o.v D. Take the case to small claims court

Question 24

Which of the following is NOT true of trials?

Preponderance of evidence is the standard used in civil trials B. proof beyond a reasonable doubt is the standard used in criminal trials C. The state can make a motion for judgement notwithstanding the verdict when the defendant is acquitted in a criminal trial D. a directed verdict may be granted in a civil case if the plaintiff’s evidence is not sufficient to support her allegations

Question 25

You sued your brother in Kanawha County Circuit Court because he hit you with his car in Charleston, West Virginia and caused you to become partially paralyzed on the left side of your body. This civil law case does not involve any federal issues or law; the case is purely a state law case and it involves about $500,000 in damages. The case was tried in a state court in Charleston and your brother lost. Your brother now wants to appeal his case to try to get the jury verdict overturned. To what organization should your brother first try to appeal his case?

United States Supreme Court B. West Virginia Supreme Court C. Kanawha County Circuit Court D. Kanawha County Family Court E. West Virginia Legislature

Please read this article. It discusses foreign currency issues for the Euro. Please elaborate and explain your thoughts on the article below.

The wisdom in the eurozone is that if the European Central Bank would only follow the lead of the Federal Reserve and move to far more aggressive monetary policy, which it is now doing, all will be hunky-dory.
Of course, drenching the single currency area in euros will help, and make it easier for banks to lend again.
It is also a brave act for the ECB’s Italian president, Mario Draghi. His promise to expand the balance sheet of the ECB by €1trillion flies in the face of historic German concerns about overexuberant monetary policy and the horrors of the Weimar Republic.
The bigger question, however, is whether the source of the eurozone’s problems is simply a lack of credit, or is it more deeply rooted?
Many euroland economies simply are loaded down with too much debt. The ‘troika’ solution offered by the IMF, European Commission and ECB to this has been austerity. But still the debt levels rise.
Even the IMF’s own internal monitoring group has questioned the wisdom of the policy. The traditional solution for countries in trouble are the double ‘D’ approach – devaluation and default. The first is impossible in a single currency area unless nations drop out, as happened in 1993 when the euro predecessor, the European Monetary System, fell-apart.
That leaves the eurozone with default. It sound horrible and irresponsible, but as Harvard’s Benjamin Friedman recently observed, the debt of the 18 countries in the single currency region is more akin to American municipal bonds, rather than national debt. And managed defaults of American state and city debt have long been a feature of the landscape.
Official Greek debt could, for instance, be restructured so that payments could be stretched out over far longer time horizons and the coupons paid slashed. This was how the Latin American debt crisis in the 1980s, and some of the problems in East Asia a decade later, were fixed.
Standing in the way of such radical answers is Germany with its economic absolutes. Sometimes, however, German leaders choose to forget the fiscal history that they want to bury. In the 1930s it essentially defaulted on debts built up in the First World War and as a result of reparations.
At the London Debt Conference in 1953, the amount of debt Germany built up before, during and after the Second World War was halved and payment of principal suspended for five years and drawn out over 30 years to give a recovering and rebuilding economy breathing space.
That is the kind of precedent that Germany should be looking at now instead of insisting on hardship among its neighbours. It could also refrain from winding up friends by discouraging Brussels from presenting the UK with bills for £1.7billion in the knowledge that it would be a huge political embarrassment.
It is only by sleight of hand that the invoice has been halved.
Peace talk
The notion that Standard Chartered’s woes stem from the fact it was unfairly targeted by New York regulators is poppycock. The 29 per cent decline in the bank’s share price this year is representative of a much deeper malaise.
So far Standard Chartered has paid £400million in fines, in two tranches, to US enforcers, the most recent for failing to fix problems first identified in 2012: not smart.
Badly treated? Not if compared to BNP Paribas that had to stump up £5.5billion. As for the idea that foreign banks have been singled out – that also is ill-informed. Fines levied on JP Morgan Chase and Bank of America Merrill Lynch have been in the tens of billions of pounds.
One person who is certainly not taking Standard Chartered’s sliding reputation for granted is chairman Sir John Peace. He admitted to investors in Singapore, home to its largest shareholder Temasek with 17.7 per cent, that it was too complex and ‘too bureaucratic’ and takes too long to make decisions.
One critical action still pending is the removal of chief executive Peter Sands, who sought to brush aside charges of Iranian sanctions-busting and now has presided over a series of profits warnings. Temasek this week expressed its unanimous support for ‘Peter and John’. Football fans will recognise the significance of that.
Slow coach
No one can question the determination of the Financial Conduct Authority to punish market offenders. But the speed at which it and the British courts deliver financial justice is farcical.
Julian Rifat, of hedge fund Moore Capital, was arrested on insider trading charges in 2010 but it was only yesterday that he was convicted of a £250,000 conspiracy as part of the Tabernula investigation involving six others.
Now we have another two month wait for sentencing.
The FCA says the probe was ‘painstaking’ but that is no excuse for a lethargic process.