AAERT CERTIFICATION PRACTICE EXAM QUESTIONS COMPLETE WITH 100% CORRECT ANSWERS

AAERT CERTIFICATION PRACTICE EXAM QUESTIONS COMPLETE WITH 100% CORRECT ANSWERS 1. Which of the following best describes general jurisdiction in state courts? A) The authority to hear only minor civil cases B) The power to hear only criminal matters C) The ability to hear cases that lower courts cannot hear, within geographic limitations D) The authority to hear cases involving only federal law Answer: C Rationale: General jurisdiction refers to higher state courts' ability to hear cases that lower courts cannot hear, while still operating within their geographic limitations. ________________________________________ 2. State courts are subject to federal control in which two specific circumstances? A) When they violate state constitutions and when they exceed their budget B) When they operate in violation of the federal Constitution and when they violate laws passed by Congress that preempt state action C) When they fail to follow state procedural rules and when they appoint unqualified judges D) When they refuse to hear cases and when they issue incorrect rulings Answer: B Rationale: State courts may not operate in violation of the federal Constitution, nor may they operate in violation of any laws passed by Congress which preempt state action. ________________________________________ 3. What triggers a case to shift from state courts into the federal system? A) When the amount in controversy exceeds $75,000 B) When there is diversity of citizenship between parties C) When a "federal question" is involved D) When the state court judge recuses themselves Answer: C Rationale: Cases can shift from state courts into the federal system if there is a "federal question" involved, meaning the case involves the interpretation or application of federal law. ________________________________________ 4. Which of the following is NOT a tier in a typical state court system? A) State supreme court B) Court of appeals C) United States District Court D) City and municipal courts Answer: C Rationale: The four tiers of a state court system are state supreme court, court of appeals, superior/circuit/district courts (county level), and city and municipal courts. United States District Court is a federal court. ________________________________________ 5. What determines the venue of county and municipal courts? A) The subject matter of the case B) The amount of money in controversy C) Territorial jurisdiction D) The political affiliation of the parties Answer: C Rationale: County and municipal courts have venue based on territorial jurisdiction, meaning they can only hear cases arising within their geographic boundaries. ________________________________________ 6. What does it mean that the federal judiciary is "unitary"? A) It consists of only one court B) One system operates throughout the country under one set of rules C) It has only one judge per case D) It only handles one type of case Answer: B Rationale: A unitary federal judiciary means one system operates throughout the country under one set of rules, providing consistency across all federal courts. ________________________________________ 7. Judicial Review allows the US Supreme Court to: A) Review state court decisions for factual accuracy B) Review the constitutional validity of a legislative act C) Review the qualifications of federal judges D) Review the budget of federal agencies Answer: B Rationale: Judicial Review is the power of the US Supreme Court to review the constitutional validity of a legislative act and invalidate acts of Congress. ________________________________________ 8. What is the one exception where the Supreme Court cannot refuse to hear a case? A) When the case involves a state law B) When the case has been appealed from the highest state court C) When the case involves a federal question D) When the Court has original jurisdiction over the question Answer: D Rationale: The Supreme Court can refuse to hear any case except when it has original jurisdiction over the question, in which case it must hear the case. ________________________________________ 9. Original jurisdiction refers to: A) The jurisdiction of appellate courts to review decisions B) The jurisdiction of courts that hear a case first, usually in a trial C) The jurisdiction of the Supreme Court to hear cases on appeal D) The jurisdiction of international courts Answer: B Rationale: Original jurisdiction is the jurisdiction of courts that hear a