Question 1

The written legal arguments filed with the appellate court are called

Accepted Answer

The written legal arguments filed with the appellate court are called briefs. Notes and action documents are not specific legal terms, while contentions may refer to any arguments or claims made by a party in a case, not just those submitted to an appellate court.

Question 2

During trials, attorneys must make timely objections to judge's rulings on points of law, or the objection will be deemed waived. What is the name of the rule?

Accepted Answer

The rule is called the contemporaneous objection rule, which requires attorneys to make timely objections during trial to preserve the issue for appeal. Failure to object at the appropriate time will result in the objection being deemed waived.

Question 3

A legal error by a lower court that does not require reversal is called a(n)

Accepted Answer

A harmless error is a legal error made by a lower court that is deemed not significant enough to affect the outcome of a case, and therefore does not require reversal.

Question 4

Criminal defendants are guaranteed the right to have an appellate court directly examine their convictions for all types of alleged errors as long as they do what?

Accepted Answer

Criminal defendants must file a notice of appeal within the specified time limits to have an appellate court directly examine their convictions for all types of alleged errors. Filing a writ of habeas corpus, requesting a hearing with the judge, and filing a request for de novo review are not sufficient to guarantee this right.

Question 5

What U.S.Supreme Court era is known for being a benchmark in civil liberties and civil rights?

Accepted Answer

The Warren Court, led by Chief Justice Earl Warren from 1953 to 1969, is known for its landmark decisions expanding civil liberties and civil rights, including Brown v. Board of Education (1954) which declared segregation in public schools to be unconstitutional, and Miranda v. Arizona (1966) which established the Miranda warning for police interrogations.

Question 6

What is the last of the six customary phases in the appeals process?

Accepted Answer

Writing the opinion is the last of the six customary phases in the appeals process, where the appeals court or higher judicial body issues a written decision explaining its ruling on the case after reviewing the arguments presented by both parties in the case.

Question 7

A court that must hear an appeal has what kind of appellate jurisdiction of that appeal?

Accepted Answer

Appellate jurisdiction is the power of a higher court to review and revise a lower court's decision. When a court is required by law to hear an appeal, it is said to have mandatory or compulsory appellate jurisdiction. This means that the court does not have discretion to decline to hear the appeal, as it is required to do so by law. Therefore, the correct choice is C)mandatory.

Question 8

A court that has a choice as to whether or not to hear the appeal is said to have what kind of appellate jurisdiction?

Accepted Answer

A court that has discretion as to whether or not to hear an appeal is said to have discretionary appellate jurisdiction. This means that the court has the option to choose whether or not to review a case, and the decision to do so is discretionary or optional.

Question 9

What is an amicus curiae brief?

Accepted Answer

An amicus curiae brief is a friend of the court brief. It is filed by an individual or organization that is not a party to a case but has an interest in the outcome and provides additional information or arguments to the court. It is not an appellate brief or a request for a court to hear an appeal.

Question 10

What Act, passed in 1996, greatly restricted access to habeas corpus actions?

Accepted Answer

The Antiterrorism and Effective Death Penalty Act of 1996 greatly restricted access to habeas corpus actions by imposing strict time limits, limiting successive petitions, and increasing deference to state court decisions.

Question 11

What is the name of the situation where a case is heard by all the judges on the appellate court?

Accepted Answer

En banc refers to a situation where all the judges on the appellate court hear a case together.

Question 12

High courts of last resort help to set justice policy through their exercise of their

Accepted Answer

High courts of last resort exercise discretionary appellate jurisdiction, meaning they have the authority to choose which cases to hear and decide on. In exercising this discretion, they can set precedents and policies that have an impact on the justice system. Mandatory appellate jurisdiction refers to a court's obligation to hear certain types of cases, while concurrent appellate jurisdiction means two or more courts have the same authority to hear and decide on a case. Recurrent appellate jurisdiction is not a recognized legal term.

Question 13

What is the appellate standard for questions of law?

Accepted Answer

De novo is the correct standard for questions of law that are reviewable on appeal. This means that the appellate court will review the legal issue without giving any deference to the lower court's decision, and will make its own determination based on the legal principles and precedent.

Question 14

The Fifth Amendment to the U.S.Constitution prevents the prosecution from seeking to have a "not guilty" verdict overturned on appeal?

Accepted Answer

The Fifth Amendment of the U.S. Constitution provides protection against double jeopardy, which means a person cannot be tried again for the same offense after being acquitted (found "not guilty") by a court. Therefore, the prosecution cannot seek to have a "not guilty" verdict overturned on appeal, as doing so would violate the defendant's Fifth Amendment rights.

Question 15

Questions of law are reviewed

Accepted Answer

Questions of law are reviewed de novo, which means that the reviewing court gives no deference to the decision made by the lower court and reviews the issue from scratch.

Question 16

The party who lost in the lower court and files the first appeal is called the

Accepted Answer

The party who lost in the lower court and files the first appeal is called the appellant. The appellant is the party who is appealing the decision and seeking a reversal or modification of the lower court's decision. The appellee or respondent is the party whom the appeal is brought against and must respond to the arguments presented by the appellant. The complainant is not typically used in the context of appellate court proceedings.

Question 17

The error-correction function of appellate review protects against arbitrary, capricious, or mistaken legal decisions by a

Accepted Answer

The error-correction function of appellate review is intended to correct errors made by a trial court judge. This includes decisions that are arbitrary, capricious, or incorrectly based on the law. Appellate courts review trial court proceedings to ensure that justice has been served and to correct any errors made by the trial court judge.

Question 18

A legal error that requires the lower court's ruling to be overturned is called a(n)

Accepted Answer

A reversible error is a legal mistake made by the lower court that requires the ruling to be overturned on appeal. It is called "reversible" because it can be corrected by a higher court. Fatal errors pertain to violations of fundamental rights and typically result in the dismissal of the case without prejudice. Primary and consequential errors are not legal terms commonly used in this context.

Question 19

Which of the following is a primary purpose of the appellate process?

Accepted Answer

The primary purpose of the appellate process is to review lower court decisions for errors and correct them. This helps in ensuring fairness and consistency in the legal system. The other options, such as enforcing court orders, enforcing judgments, and controlling discretion, are not the primary purposes of the appellate process but may be outcomes of the appellate process.

Question 20

Most intermediate courts decide most cases in rotating panels of how many judges?

Accepted Answer

Most intermediate courts decide most cases in rotating panels of three judges. This allows for a diverse range of opinions and prevents any one judge from having too much decision-making power.

Quiz 16: Appellate and Habeas Corpus Review