7.3. Structure of the Courts: The Dual Court and Federal Court System

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Questions

Question 1

What is the term used to describe the state and federal court structure, which consists of two complete parallel court systems?

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Question 2

What is the minimum number of separate legal systems in the United States, accounting for the federal system and each of the fifty states?

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Question 3

According to Article III of the U.S. Constitution, which judicial body was explicitly established, and which branch of government was granted the power to create lower courts?

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Question 4

How many justices serve on the United States Supreme Court panel?

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Question 5

What is the name of the process by which the U.S. Supreme Court exercises its discretionary review over cases from lower courts?

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Question 6

What is the 'rule of four' in the context of the U.S. Supreme Court?

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Question 7

What is the total number of intermediate appellate courts, or U.S. Courts of Appeals, in the federal judicial system?

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Question 8

Which federal circuit court is identified as the largest in the system with 29 judgeships?

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Question 9

What is the primary role of the U.S. District Courts in the federal system?

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Question 10

U.S. District Courts are also known by what constitutional designation?

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Question 11

What are the legislatively-created courts in the federal system that do not have full judicial power and assist district court judges with pretrial proceedings?

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Question 12

What is the term of appointment for a federal magistrate judge?

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Question 13

Besides handling trials, U.S. District Court judges also perform an appellate-type function by reviewing what kind of petitions from state prisoners?

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Question 14

According to the 'Dual Court System Structure' chart, which federal court occupies the level of 'Trial Court of Limited Jurisdiction'?

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Question 15

What is the total number of judicial districts in the federal court system, which are served by U.S. District Courts and comprise the U.S. Courts of Appeals circuits?

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Question 16

What kind of jurisdiction does the U.S. Supreme Court have in rare situations, such as when one state sues another?

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Question 17

Appeals to the U.S. Courts of Appeals typically consist of panels of how many judges?

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Question 18

In what year did Congress pass the Federal Magistrate Act, which created the U.S. Magistrate Courts?

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Question 19

Which of the following is a key responsibility of U.S. Magistrate Judges under the Federal Magistrate Act?

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Question 20

What is the key difference between an 'Article I Court' like the U.S. Magistrate Courts and an 'Article III Court' like the U.S. District Courts?

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Question 21

How can a criminal case prosecuted in a state court potentially move to the federal court system?

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Question 22

In the federal system, what type of court hears challenges to decisions from U.S. District Courts?

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Question 23

How are judges for the U.S. District Courts, which are Article III courts, put into office?

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Question 24

Besides geography, some federal circuits have a specific type of jurisdiction. What is an example of a specialized case heard by the federal circuit with nationwide jurisdiction?

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Question 25

What is meant by an 'appeal of right' in the context of the federal court system?

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Question 26

When the U.S. Supreme Court agrees to hear a case, it delivers its final decision in what form?

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Question 27

Which federal courts are the primary trial courts where trials may involve a jury?

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Question 28

What is the smallest federal circuit court, with only six judgeships?

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Question 29

Historically, when did Congress create the separate federal appellate courts?

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Question 30

A writ of habeas corpus, which can be reviewed by a U.S. District Court, is a claim alleging what?

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Question 31

According to the Dual Court System Structure chart, what is the highest appellate court in the federal system?

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Question 32

What does it mean for the U.S. Supreme Court to sit 'en banc'?

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Question 33

The decisions of the U.S. Supreme Court have the broadest impact because they govern which judicial systems?

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Question 34

What factor often leads the U.S. Supreme Court to accept a case for review via a writ of certiorari?

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Question 35

What is the status of a case in a U.S. Court of Appeals after a three-judge panel has ruled, and a party requests an 'en banc' review?

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Question 36

How many U.S. District Courts does each state have?

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Question 37

In addition to pretrial proceedings and misdemeanor trials, what is another duty of a U.S. Magistrate Judge?

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Question 38

According to the text, the name for U.S. Magistrate Judges was changed from 'Magistrates' by the Judicial Improvement Act which took effect in what year?

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Question 39

Federal crimes created by Congress are prosecuted in which courts?

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Question 40

What is the reason given in the text for why Congress immediately created a lower federal court system in 1789?

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Question 41

In addition to the 50 state systems and the federal system, what other court systems are mentioned as existing in the U.S.?

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Question 42

What is one reason provided for why the Supreme Court's original jurisdiction cases are rare?

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Question 43

From which two primary sources do the U.S. Courts of Appeals hear challenges?

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Question 44

How is a U.S. District Court described by reference to its location?

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Question 45

What does the text identify as a consequence for a party who loses at the U.S. District Court level?

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Question 46

Approximately how many petitions for writ of certiorari are filed annually with the U.S. Supreme Court over the past ten years?

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Question 47

What is the approximate acceptance rate for cases filed for review with the U.S. Supreme Court?

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Question 48

Which court is responsible for hearing appeals from cases decided by the U.S. Court of International Trade?

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Question 49

What authority do U.S. Courts of Appeals have regarding trials and juries?

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Question 50

According to the text, what is the disposition of over one million matters by more than five hundred Magistrate Judges an indication of?

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Other chapters

1.1. Crime and the Criminal Justice System1.2. Deviance, Rule Violations, and Criminality1.3. Social Norms: Folkways, Mores, Taboo, and Laws1.4. Interactionist View1.5. Consensus View and Decriminalizing Laws1.6. Conflict View1.7. The Three C's: Cops, Courts, and Corrections1.8. The Crime Control and Due Process Models1.9. How Cases Move Through the System1.10. Media Coverage of Crimes1.11. Wedding Cake Model of Justice1.12. Street Crime, Corporate Crime, and White-Collar Crime1.13. Different Types of Crimes and Offenses1.14. Victims and Victim Typologies1.15. Victim Rights and Assistance1.16. "Spare the Rod, Spoil the Child" Myth/Controversy2.1. Dark or Hidden Figure of Crime2.2. Official Statistics2.3. Victimization Studies2.4. Self-Report Statistics2.5. Misusing Statistics3.1. Functions and Limitations of Law3.2. Civil, Criminal, and Moral Wrongs3.3. Sources of Criminal Law: Federal and State Constitutions3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules3.6. Classifications of Law3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions3.9. Substantive Law: Physical Punishment Sentences3.10. Substantive Law: Monetary Punishment Sentences3.11. Substantive Law: Community-Based Sentences3.12. Procedural Law4.1. Importance of Policy in Criminal Justice4.2. The Myth of Moral Panics4.3. The Stages of Policy Development4.4. Importance of Evidence Based Practices4.5. Re-Evaluating Policy5.1. What is Theory?5.2. What Makes a Good Theory?5.3. Pre-Classical Theory5.4. Classical School5.5. Neoclassical5.6. Positivist Criminology5.7. Biological and Psychological Positivism5.8. The Chicago School5.9. Strain Theories5.10. Learning Theories5.11. Control Theories5.12. Other Criminological Theories6.1. Policing in Ancient Times6.2. Sir Robert Peel6.3. Policing Eras6.4. Levels of Policing and Role of Police6.5. Recruitment and Hiring in Policing6.6. Recruitment and Hiring Websites for Future Careers6.7. Police Misconduct, Accountability, and Corruption6.8. Current Issues: Police Shootings6.9. Current Issues: Use of Force and Vehicle Pursuits6.10. Current Issues: Stereotypes in Policing6.11. Current Issues: Accountability6.12. Current Issues: Internal Affairs and Discipline6.13.Current Issues: Body Cameras6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.”7.1. Introduction to the U.S. Court System7.2. Jurisdiction7.4. Structure of the Courts: State Courts7.5. American Trial Courts and the Principle of Orality7.6. The Appeals Process, Standard of Review, and Appellate Decisions7.7. Federal Appellate Review of State Cases7.8. Courtroom Players: Judges and Court Staff7.9. Courtroom Players: Prosecutors7.10. Courtroom Workgroup: Defense Attorneys8.1. A Brief History of The Philosophies of Punishment8.2. Retribution8.3. Deterrence8.4. Incapacitation8.5. Rehabilitation8.6. Prisons and Jails8.7. A Brief History of Prisons and Jails8.8. Types of Jails8.9. Who Goes to Jail?8.10. Growth of Prisons in the United States8.11. Types of Prisons8.12. Prison Levels8.13. Who Goes to Prison?9.1. Diversion9.2. Intermediate Sanctions9.3. Probation9.4. Boot Camps/Shock Incarceration9.5. Drug Courts9.6. Halfway Houses9.8. House Arrest9.9. Community Residential Facilities9.10. Restorative Justice9.11. Parole9.12. Current Issues in Corrections9.13. Current Issues in Corrections: Mass Incarceration9.14. Current Issues in Corrections: War on Drugs and Gangs9.15. Current Issues in Corrections: Aging and Overcrowding9.16. Current Issues in Corrections: Reentry and the Future of Corrections10.1. Youth Crime10.2. Juvenile Justice10.3. History of the Juvenile Justice System10.4. Delinquency10.5. Juvenile Justice Process10.6. Due Process in the Juvenile Court10.7. The Juvenile Justice and Delinquency Prevention Act of 197410.8. Getting Tough: Initiatives for Punishment and Accountability10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System10.10. The Structure of the Juvenile Justice System10.11. Juvenile InstitutionsGlossary