Chapter 1 – Foundations Q: What is the dual court system in the United States? A: A system where both federal and state courts exist, each with its o

Chapter 1 – Foundations

  1. Q: What is the dual court system in the United States?
    A: A system where both federal and state courts exist, each with its own jurisdiction.

  2. Q: What is stare decisis?
    A: The doctrine that courts should follow precedent when making decisions.

  3. Q: What’s the difference between rebuttable and conclusive presumptions?
    A: Rebuttable presumptions can be disproved with evidence; conclusive presumptions cannot.

  4. Q: Which rights are guaranteed by the 6th Amendment?
    A: Right to a speedy and public trial, impartial jury, confrontation of witnesses, and right to counsel.

  5. Q: How does civil law differ from criminal law in terms of remedies?
    A: Civil law provides remedies like damages or injunctions; criminal law imposes punishments like fines, imprisonment, or death.

Chapter 2 – Jurisdiction & Control
6. Q: What is original jurisdiction?
A: The authority of a court to hear a case first.

  1. Q: What is diversity jurisdiction in federal courts?
    A: Jurisdiction over cases where parties are from different states and the amount in controversy exceeds $75,000.

  2. Q: Who controls the size of the U.S. Supreme Court?
    A: Congress.

  3. Q: What is court stripping?
    A: When Congress limits the jurisdiction of federal courts to hear certain kinds of cases.

  4. Q: What is an amicus curiae brief?
    A: A “friend of the court” brief submitted by a non-party with an interest in the case to provide additional perspectives.

Chapter 3 – Federal Courts
11. Q: What case established judicial review?
A: Marbury v. Madison (1803).

  1. Q: How can federal judges lose their jobs?
    A: Through impeachment and removal by Congress.

  2. Q: What is the “rule of four” at the Supreme Court?
    A: At least four justices must vote to grant certiorari for a case to be heard.

  3. Q: What’s the difference between Article I and Article III courts?
    A: Article III courts (e.g., federal district and appellate courts) have judges with life tenure; Article I courts (e.g., bankruptcy, military tribunals) are created by Congress and don’t have life tenure.

  4. Q: What is an en banc proceeding?
    A: When all judges of a circuit court hear a case together rather than a smaller panel.

Chapter 4 – State Courts
16. Q: What types of cases are typically heard in courts of limited jurisdiction?
A: Minor civil disputes, traffic offenses, misdemeanors.

  1. Q: What does “court not of record” mean?
    A: Proceedings are not formally recorded for appeals.

  2. Q: Who can appeal a case?
    A: Generally, only the losing party, and only on questions of law, not fact.

  3. Q: What is a trial de novo?
    A: A completely new trial in a higher court, as if the first trial had not occurred.

  4. Q: What is the main concern behind bail reform?
    A: Ensuring fairness and reducing pretrial detention of those unable to pay bail.

Chapter 6 – Problem-Solving Courts
21. Q: What is therapeutic jurisprudence?
A: An approach that sees law as a social force and seeks to use it to improve participants’ lives.

  1. Q: What are some distinguishing features of problem-solving courts?
    A: Focus on outcomes, judicial monitoring, collaboration, non-traditional roles, and systemic change.