How Courts Work

• A. To review decisions made by lower courts for legal errors
• B. To determine the facts of a case and apply the law to them ✓
• C. To write new laws passed by the legislature
• D. To enforce judgments against losing parties

Why: Trial courts are the first level of the court system where evidence is presented, witnesses testify, facts are found, and the applicable law is applied to reach a judgment.

• A. To hear new evidence and call witnesses
• B. To review trial court decisions for legal errors ✓
• C. To investigate crimes before charges are filed
• D. To select jurors for trials

Why: Appellate courts generally do not retry cases or hear new testimony. Instead, they review the trial record to determine whether the law was applied correctly.

• A. Venue
• B. Jurisdiction ✓
• C. Standing
• D. Precedent

Why: Jurisdiction refers to a court's power to hear a case, which may depend on subject matter, geography, or the parties involved. Venue refers to the proper location for a case within a court system.

• A. Stare decisis ✓
• B. Habeas corpus
• C. Voir dire
• D. Amicus curiae

Why: Stare decisis, Latin for 'to stand by things decided,' is the doctrine that courts should follow precedent to promote consistency, predictability, and fairness in the law.

• A. The United States Court of Appeals
• B. The United States District Court
• C. The United States Supreme Court ✓
• D. The United States Court of Federal Claims

Why: The United States Supreme Court is the highest court in the federal system and has final appellate authority over federal and certain state court cases involving federal questions.

• A. A court's authority over the physical location where a dispute occurred
• B. A court's authority to hear and decide the type of case before it ✓
• C. A court's authority to enforce its judgments against the parties
• D. A court's authority to appoint judges to lower courts

Why: Subject matter jurisdiction refers to a court's power to hear a particular category of case, such as probate, bankruptcy, or family law. A court lacking this power cannot decide the case regardless of the parties involved.

• A. Subject matter jurisdiction
• B. Appellate jurisdiction
• C. Personal jurisdiction ✓
• D. Original jurisdiction

Why: Personal jurisdiction is the court's power over the defendant (or plaintiff), usually based on residence, presence, or sufficient contacts with the forum state. It ensures a party is not hauled into a distant court without a meaningful connection.

• A. To conduct jury trials in federal criminal cases
• B. To serve as the first trial court for federal civil disputes
• C. To review decisions of the district courts and certain agencies ✓
• D. To resolve disputes between state governments only

Why: The U.S. Courts of Appeals (circuit courts) are intermediate appellate courts that review decisions from federal district courts and certain administrative agencies. They generally do not conduct trials or hear witness testimony.

• A. The authority to review a lower court's decision
• B. The authority to hear a case for the first time ✓
• C. The authority to create new laws
• D. The authority to hear cases only after all other courts have ruled

Why: Original jurisdiction is the power of a court to be the first to hear and decide a case. Trial courts typically have original jurisdiction, while appellate courts usually have appellate jurisdiction to review decisions already made.

• A. The United States District Court
• B. The United States Court of Appeals
• C. The United States Supreme Court ✓
• D. The United States Court of Federal Claims

Why: The U.S. Supreme Court is the highest court in the federal judiciary and has the final say on questions of federal law. Its decisions are binding on all lower federal courts and, through the Fourteenth Amendment, on state courts for constitutional questions.

• A. The jury
• B. The judge ✓
• C. The prosecuting attorney
• D. The court clerk

Why: The judge presides over the trial and decides legal questions, such as whether evidence can be admitted, while the jury typically decides questions of fact.

• A. The judge
• B. The court reporter
• C. The jury ✓
• D. The defendant

Why: In jury trials, the jury weighs the evidence and testimony to decide the facts, then applies the law as instructed by the judge.

• A. To act as a neutral decision-maker
• B. To record everything said in the courtroom
• C. To advocate for their client's interests within the bounds of the law ✓
• D. To select the members of the jury

Why: Attorneys are advocates who represent and argue for their clients, presenting evidence and legal arguments in the client's favor while following court rules and ethical duties.

• A. Impartiality ✓
• B. Plea bargaining
• C. Discovery
• D. Affidavit

Why: Impartiality requires judges to remain neutral, avoiding favoritism toward any party, so that cases are decided fairly according to law and evidence.

• A. Attorneys must publicly disclose all client information in court
• B. Attorneys must keep client communications private, with limited exceptions ✓
• C. Attorneys may share client secrets with the judge at any time
• D. Attorneys have no obligation to protect client information

Why: Attorney-client confidentiality protects communications made in the course of representation, though narrow exceptions exist, such as preventing a serious crime.

• A. To present the plaintiff's evidence at trial
• B. To notify the defendant of the claims against them and the basis for the court's jurisdiction ✓
• C. To request a jury verdict before discovery begins
• D. To summarize the judge's ruling on the case

Why: A complaint is the initial pleading that sets out the plaintiff's factual allegations and legal claims, gives the defendant notice of what they must answer, and establishes why the court has jurisdiction over the matter.

• A. Arraignment
• B. Voir dire
• C. Discovery ✓
• D. Adjudication

Why: Discovery is the pretrial phase in which parties obtain information from each other and third parties through tools such as interrogatories, depositions, requests for production, and requests for admission.

• A. A verdict
• B. An answer ✓
• C. A subpoena
• D. A motion for sentencing

Why: A defendant generally files an answer, which admits or denies each allegation in the complaint and may raise affirmative defenses. Failing to respond can result in a default judgment.

• A. A request to end the trial early because the jury is deadlocked
• B. A request asking the court to end the case without a trial because the complaint fails to state a legally valid claim ✓
• C. A request to remove a juror for bias
• D. A request to move the trial to a different county

Why: A motion to dismiss challenges the legal sufficiency of the complaint, for example for lack of jurisdiction, improper venue, or failure to state a claim upon which relief can be granted.

• A. A written order from a judge setting the trial date
• B. A court order requiring a person to appear to testify or produce documents ✓
• C. A formal offer to settle a lawsuit
• D. A written statement given under oath before trial

Why: A subpoena is a legal command compelling a witness to testify at a deposition or trial, or requiring the production of documents or other evidence. Ignoring one can result in contempt of court.

• A. To request a new trial after a verdict is reached
• B. To ask the judge to rule on the admissibility of certain evidence before it is presented to the jury ✓
• C. To appeal a sentence imposed by the trial court
• D. To request that the jury be dismissed due to misconduct

Why: A motion in limine is filed before or during trial so the judge can decide whether specific evidence is admissible, preventing the jury from hearing potentially prejudicial or improper material.

• A. The defendant must prove their innocence by a preponderance of the evidence
• B. The prosecution must prove guilt beyond a reasonable doubt ✓
• C. The jury must be unanimous that the defendant is innocent
• D. The judge must find the defendant guilty if the evidence is merely suspicious

Why: In criminal cases the prosecution bears the burden of proof and must establish guilt beyond a reasonable doubt, the highest standard in the legal system. The defendant is presumed innocent.

• A. Any testimony given under oath in open court
• B. An out-of-court statement offered in court to prove the truth of the matter asserted ✓
• C. Evidence collected without a valid search warrant
• D. A witness's opinion about the defendant's character

Why: Hearsay is an out-of-court statement offered to prove the truth of what it asserts. It is generally inadmissible unless it falls within a recognized exception.

• A. To present the closing arguments to the jury
• B. To examine prospective jurors to select an impartial jury ✓
• C. To question expert witnesses about their qualifications
• D. To read the charges against the defendant aloud in court

Why: Voir dire is the process in which attorneys and the judge question prospective jurors to identify bias and select an impartial panel for the trial.

• A. Testimonial evidence
• B. Circumstantial evidence
• C. Demonstrative evidence
• D. Real (physical) evidence ✓

Why: Real or physical evidence consists of tangible objects directly connected to the events in dispute, such as weapons, documents, and fingerprints, as distinct from testimony or illustrations.

• A. The judge's written reasons for dismissing a case
• B. The decision reached by a jury or judge on the question of guilt or liability ✓
• C. The final punishment imposed on a convicted person
• D. The list of evidence presented during trial

Why: A verdict is the formal decision on the central factual question, such as whether a defendant is guilty or liable. Sentencing, which determines punishment, comes after a verdict is reached.

• A. Preponderance of the evidence
• B. Beyond a reasonable doubt ✓
• C. Clear and convincing evidence
• D. Probable cause

Why: Criminal convictions require proof beyond a reasonable doubt, the highest standard in the legal system, reflecting the serious consequences of wrongful conviction. Civil cases typically use the lower preponderance of the evidence standard.

• A. Sentencing ✓
• B. Arraignment
• C. Discovery
• D. Appeal

Why: Sentencing is the stage where a judge determines the penalty, such as imprisonment, fines, probation, or community service, after a defendant has been found guilty.

• A. A jury that has reached a unanimous verdict
• B. A jury that cannot agree on a verdict ✓
• C. A jury that has been dismissed by the judge
• D. A jury made up entirely of expert witnesses

Why: A hung jury occurs when jurors are unable to reach the required unanimous (or sufficient majority) decision. The result is typically a mistrial, and prosecutors may choose to retry the case.

• A. Imprisonment of the losing party
• B. A criminal fine paid to the state
• C. A remedy such as money damages or an injunction ✓
• D. A new trial on the same facts

Why: A civil judgment resolves the dispute between private parties, often by ordering the losing party to pay money damages or to perform or refrain from certain actions through an injunction. Imprisonment and criminal fines are not typical civil remedies.

• A. To have a new trial with a new jury
• B. To ask a higher court to review whether the lower court made a legal error ✓
• C. To present new evidence that was not available during the original trial
• D. To replace the original judge with a different one

Why: An appeal asks a higher court to review the lower court's decision for legal errors that may have affected the outcome. Appeals generally do not retry the facts or introduce new evidence.

• A. Only the prosecutor in criminal cases
• B. Only the judge who made the original decision
• C. The party who lost in the lower court, usually called the appellant ✓
• D. The party who won in the lower court, to protect the verdict

Why: The losing party, known as the appellant (or petitioner in some systems), usually files the appeal. The other side, the appellee (or respondent), defends the lower court's decision.

• A. A yearly evaluation of judges' performance
• B. A court's power to examine whether a law or government action conflicts with the constitution ✓
• C. The process by which jurors reconsider their verdict
• D. A required review of every case by the Supreme Court

Why: Judicial review is the power of courts to assess whether laws or executive actions are consistent with the constitution, and to strike them down if they are not. In the United States it was established in Marbury v. Madison (1803).

• A. It orders a new trial
• B. It reverses the judgment entirely
• C. It upholds the lower court's decision as correct ✓
• D. It sends the case back to a different judge

Why: To affirm means the appellate court agrees with the lower court and leaves its decision in place. Reversing overturns the decision, and remanding sends the case back to the lower court for further proceedings.

• A. Appellate judges are not allowed to read trial transcripts
• B. Trial judges and juries are in a better position to assess witness credibility and evidence firsthand ✓
• C. Facts can never be questioned under any circumstances
• D. Appellate courts only review cases involving constitutional questions

Why: Trial courts observe witnesses directly, judging demeanor and credibility, which appellate courts cannot replicate from a written record. Appellate courts therefore usually focus on questions of law rather than re-deciding factual disputes.