MIE 305 Exam Set Questions With Reviewed Correct Detailed Answers New Update!!
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Module
MIE 305
Institution
MIE 305
MIE 305 Exam
Set Questions With Reviewed
Correct Detailed Answers
New Update!!
1. What are the basic structures of federal judicial systems? - ANSWER
supreme Court
2. Court of Appeals "intermediate courts", "circuit courts"
3. District Courts
2. State district court - ANSWE...
MIE 305 Exam
Set Questions With Reviewed
Correct Detailed Answers
New Update!!
1. What are the basic structures of federal judicial systems? - ANSWER 1. US
supreme Court
2. Court of Appeals "intermediate courts", "circuit courts"
3. District Courts
2. State district court - ANSWER - Limited jurisdiction
- Misdemeanor, criminal cases, civil cases involving smaller amounts of money
3. Superior courts - ANSWER - Original jurisdiction
- Felony criminal case, serious civil cases General jurisdiction
- General jurisdiction
4. Court of appeals - ANSWER - Appellate jurisdiction
- Cases heard in lower state courts
5. State supreme court - ANSWER - Appellate jurisdiction
- Cases heard in lower state courts
,- Power of judicial review
6. What are the basic structures of state judicial systems? - ANSWER 1.
Supreme court
2. Intermediate reviewing courts
3. Trial courts/ District courts
7. Federal District Courts - ANSWER - Lowest level in the federal system
- 94 judicial districts in 50 states and territories
- No appellate jurisdiction
- Original jurisdiction on most cases
- Don't cross state lines
- Do not have to be based on populations
8. US Court of Appeals - ANSWER - Intermediate level in federal system
- 13 regional "circuit" courts including DC circuit
- Rotating 3 judge panels (rarely sit en banc)
- Appeals of right, but 80% still decided solely on the findings
- No original jurisdiction; strictly appellate
- Don't typically sit en banc; appeals of right
- Can be persuasive, but never controlling
- "Circuit courts" , "intermediate courts"
- Oral argument
,9. Points of error - ANSWER "Points of appeal", appellant starts the appellate
process with a written brief; represents a mistake or procedural error
10. Prejudicial error - ANSWER Entitles to reverse a lower court decision;
court agrees with the appellant vs harmless error
11. US Supreme Court - ANSWER - Highest court in the federal system
- 9 Justices= 1 Chief Justice, 8 associates. Meeting in Washington D.C
- Always sit en banc to decide cases
- Discretionary appeals via certiorari process (rule of four)
- Limited original jurisdiction over some cases
- Hears cases from- US Circuit Courts and State Supreme Courts
- Must be a federal question
12. En banc - ANSWER All nine justices hear the case
13. Rule of Four - ANSWER Unofficial term for the way in which cert is
granted. In order to get certiorari, four out of nine justices have to grant
14. Certiorari - ANSWER - "Cert", to bring the case forward
- Only cases with limited exception, are the cases that were petitioned for cert
- Cases that are right for certiorari are inter-circuit fractures
15. Rule 10 - ANSWER To get certiorari, it is governed by rule 10
(considerations for certiorari)
, 16. Inter-circuit fracture - ANSWER When on a major point of law, there are
precedents from various courts of appeals and some circuit courts say the law is x
and some other courts say the law is y
17. Appeal of right - ANSWER - First level of appeals
- Everyone who goes to trial has the right to go to at least one appellate court and
see if the judge got it right
18. Court of discretionary appeals - ANSWER -Highest court in jurisdiction
- They choose to hear you, you can appeal a second time. Only some states have
this
19. How are federal judicial districts and circuits determined and what are the
rules for creating them? - ANSWER
20. Erie doctrine - ANSWER The federal district court sitting in a diversity
case hears and resolves the case according to the law of the state in which it sits
21. Diversity Jurisdiction - ANSWER Parties to a dispute are citizens/
residents are from different states
Article III, s.2: "The judicial power shall extend to all cases, in law and equity... to
controversies between two or more states; - between a state and citizens of
another state; between citizens of different states..."
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