AAERT Certification (AAERT Best Practice Guide):
Questions And Answers
Jurisdiction Correct Ans - territory over which authority is exercised
jurisprudence Correct Ans - the science or philosophy of law
Three types of courts in our federated system Correct Ans - State
courts, Federal courts, The United States Supreme Court
Who created the federal courts? Correct Ans - Congress
Examples of Federal courts Correct Ans - US Tax Court, Court of
Federal Claims
What established the US Supreme Court? Correct Ans - Article III of
the Constitution
What is the co-equal third branch of the federal government? Correct Ans
- US Supreme Court
What are the two types of jurisdiction? Correct Ans - 1. subject matter
2. territorial
What higher courts possess general jurisdiction? Correct Ans -
superior, district, or circuit courts
What is general jurisdiction? Correct Ans - Higher state courts can
hear those cases that lower courts cannot hear. They still operate within their
geographic limitations.
State courts are not subject to federal control, with two exceptions. What are
the two exceptions? Correct Ans - 1. May not operate in violation of
the federal Constitution
2. May not operate in violation of any laws passed by Congress which preempt
state action.
,Under what circumstances can cases shift from state courts into the federal
system? Correct Ans - If there is a "federal question" involved.
Four tiers of a state court system. Correct Ans - 1. state supreme court
2. court of appeals
3. superior, circuit, or district (county level)
4. city and municipal courts
In terms of the county and municipal courts, what is their venue? Correct
Ans - The territorial jurisdiction
What is meant by the statement that the federal judiciary is unitary?
Correct Ans - One system operates throughout the country under one set
of rules.
Judicial Review Correct Ans - Review by the US Supreme Court of the
constitutional validity of a legislative act. In other words, they can invalidate
acts of Congress.
The Supreme Court can refuse to hear any case, with one exception. What is
the exception:? Correct Ans - If it has original jurisdiction over the
question, then it must hear the case.
Original jurisdiction Correct Ans - The jurisdiction of courts that hear
a case first, usually in a trial. These are the courts that determine the facts
about a case.
Writ of certiorari Correct Ans - Order by the Supreme Court directing
a lower court to send up the records of a case for review.
Principle of res judicata Correct Ans - "A decided thing."
If the Supreme Court refuses to hear a case, the last ruling in the matter is the
final result.
Stare decisis Correct Ans - Let the decision stand; decisions are based
on precedents from previous cases.
The Supreme Court is not inclined to reverse its prior rulings.
, What courts are under the administrative jurisdiction of the Supreme Court?
Correct Ans - Circuit courts of appeal (responsible for several states.)
Who oversees the circuit courts of appeal? Correct Ans - Supreme
Court justice
On all fours Correct Ans - Cases which are substantially similar in
nature
What is the lowest tier of the federal judiciary? Correct Ans - Federal
district courts
Writ of mandamus Correct Ans - Court order directing an official to
perform an specific duty.
injunction Correct Ans - An order which legally prevents something.
True or False: the federal district courts have the power to issue writs of
mandamus or issue injunctions? Correct Ans - True. The federal
district courts are the lowest rung, but they exercise formidable authority, and
nearly all actions in federal law must begin here.
Statutory Law Correct Ans - Law passed by the U.S. Congress or state
legislatures that either prescribes or proscribes.
Common Law Correct Ans - A legal system based on custom and court
rulings, "judge-made laws."
Specific Performance Remedy Correct Ans - - court order which may
be available to the victim of a breach of contract
- requires that a defendant comply with the contract
Pecuniary Damages Correct Ans - monetary compensation for losses
that can be calculated
Examples of Special Damages Correct Ans - Pain and suffering due to
an injury
Questions And Answers
Jurisdiction Correct Ans - territory over which authority is exercised
jurisprudence Correct Ans - the science or philosophy of law
Three types of courts in our federated system Correct Ans - State
courts, Federal courts, The United States Supreme Court
Who created the federal courts? Correct Ans - Congress
Examples of Federal courts Correct Ans - US Tax Court, Court of
Federal Claims
What established the US Supreme Court? Correct Ans - Article III of
the Constitution
What is the co-equal third branch of the federal government? Correct Ans
- US Supreme Court
What are the two types of jurisdiction? Correct Ans - 1. subject matter
2. territorial
What higher courts possess general jurisdiction? Correct Ans -
superior, district, or circuit courts
What is general jurisdiction? Correct Ans - Higher state courts can
hear those cases that lower courts cannot hear. They still operate within their
geographic limitations.
State courts are not subject to federal control, with two exceptions. What are
the two exceptions? Correct Ans - 1. May not operate in violation of
the federal Constitution
2. May not operate in violation of any laws passed by Congress which preempt
state action.
,Under what circumstances can cases shift from state courts into the federal
system? Correct Ans - If there is a "federal question" involved.
Four tiers of a state court system. Correct Ans - 1. state supreme court
2. court of appeals
3. superior, circuit, or district (county level)
4. city and municipal courts
In terms of the county and municipal courts, what is their venue? Correct
Ans - The territorial jurisdiction
What is meant by the statement that the federal judiciary is unitary?
Correct Ans - One system operates throughout the country under one set
of rules.
Judicial Review Correct Ans - Review by the US Supreme Court of the
constitutional validity of a legislative act. In other words, they can invalidate
acts of Congress.
The Supreme Court can refuse to hear any case, with one exception. What is
the exception:? Correct Ans - If it has original jurisdiction over the
question, then it must hear the case.
Original jurisdiction Correct Ans - The jurisdiction of courts that hear
a case first, usually in a trial. These are the courts that determine the facts
about a case.
Writ of certiorari Correct Ans - Order by the Supreme Court directing
a lower court to send up the records of a case for review.
Principle of res judicata Correct Ans - "A decided thing."
If the Supreme Court refuses to hear a case, the last ruling in the matter is the
final result.
Stare decisis Correct Ans - Let the decision stand; decisions are based
on precedents from previous cases.
The Supreme Court is not inclined to reverse its prior rulings.
, What courts are under the administrative jurisdiction of the Supreme Court?
Correct Ans - Circuit courts of appeal (responsible for several states.)
Who oversees the circuit courts of appeal? Correct Ans - Supreme
Court justice
On all fours Correct Ans - Cases which are substantially similar in
nature
What is the lowest tier of the federal judiciary? Correct Ans - Federal
district courts
Writ of mandamus Correct Ans - Court order directing an official to
perform an specific duty.
injunction Correct Ans - An order which legally prevents something.
True or False: the federal district courts have the power to issue writs of
mandamus or issue injunctions? Correct Ans - True. The federal
district courts are the lowest rung, but they exercise formidable authority, and
nearly all actions in federal law must begin here.
Statutory Law Correct Ans - Law passed by the U.S. Congress or state
legislatures that either prescribes or proscribes.
Common Law Correct Ans - A legal system based on custom and court
rulings, "judge-made laws."
Specific Performance Remedy Correct Ans - - court order which may
be available to the victim of a breach of contract
- requires that a defendant comply with the contract
Pecuniary Damages Correct Ans - monetary compensation for losses
that can be calculated
Examples of Special Damages Correct Ans - Pain and suffering due to
an injury
