How the court system is organized, and how a case reaches the Supreme Court

Grade 12 Social Studies Worksheet - Building Confidence

Circle the best answer.

1. Read this first

   Use this

   Chart A, Two court systems (our words). Row 1, US district court: the federal trial court; it hears witnesses, finds the facts and applies the law; a loser may appeal to the US court of appeals for that circuit. Row 2, US court of appeals (13 of them): reviews the trial record mainly for mistakes of law; it hears no new witnesses and holds no new jury trial; a loser may ask the Supreme Court to hear the case. Row 3, US Supreme Court: nine justices; it chooses most of its cases; four justices must vote to take a case. Row 4, state trial court: the first court for most cases under state law, such as most crimes and contracts; a loser may appeal inside the state. Row 5, state supreme court: the last word on what its state's law means; the US Supreme Court may review its ruling only if the case raises a question of federal law. Case file B (made-up): Dana Ortiz was convicted of theft by a trial court in the state of Linden. The Linden court of appeals upheld the verdict, and so did the Linden supreme court. Ortiz's only claim now is that police searched a car in a way the Fourth Amendment does not allow.

2. 1.

   Ari reads chart A and case file B. Linden's last court ruled against Ortiz. What can Ortiz do next, and why?

   • Appeal to the US court of appeals for the circuit, since the claim is about the federal Constitution
   • Nothing more; the state supreme court has the last word, since the case began in a state court
   • File a new case in a US district court, since a federal claim belongs in a federal trial court
   • Ask the US Supreme Court to hear it, since the claim rests on the federal Constitution

3. Use this

   Chart A, Two court systems (our words). Row 1, US district court: the federal trial court; it hears witnesses, finds the facts and applies the law; a loser may appeal to the US court of appeals for that circuit. Row 2, US court of appeals (13 of them): reviews the trial record mainly for mistakes of law; it hears no new witnesses and holds no new jury trial; a loser may ask the Supreme Court to hear the case. Row 3, US Supreme Court: nine justices; it chooses most of its cases; four justices must vote to take a case. Row 4, state trial court: the first court for most cases under state law, such as most crimes and contracts; a loser may appeal inside the state. Row 5, state supreme court: the last word on what its state's law means; the US Supreme Court may review its ruling only if the case raises a question of federal law. Case file C (made-up): Hana Reyes sued Brightway Movers in a Linden trial court over a broken piano, and the judge awarded Reyes $2,000. Brightway says the judge misread a Linden law about moving contracts and has appealed to the Linden court of appeals. No federal law is involved.

4. 2.

   Esme reads chart A and case file C. Brightway loses in Linden's court of appeals. Can the US Supreme Court take the case?

   • No; a state court of appeals ruling cannot be reviewed by any other court
   • Yes, by appealing to a US district court, which reviews the rulings of state appeals courts
   • No; the meaning of a Linden law is for Linden's courts, and the case raises no federal question
   • Yes; the Supreme Court is the court of last resort for each case, so Brightway may ask it next
5. 3.

   Jun reads chart A and case file C. What will the Linden court of appeals do with Brightway's complaint?

   • Check the trial record to decide whether the judge read the Linden law correctly
   • Hear Reyes and the movers testify again and decide which of them is more believable
   • Pass the dispute up to the US court of appeals, since a Linden judge's reading is being challenged
   • Decide whether the Linden law is wise, and write a better rule if it is not

6. Use this

   Chart A, Two court systems (our words). Row 1, US district court: the federal trial court; it hears witnesses, finds the facts and applies the law; a loser may appeal to the US court of appeals for that circuit. Row 2, US court of appeals (13 of them): reviews the trial record mainly for mistakes of law; it hears no new witnesses and holds no new jury trial; a loser may ask the Supreme Court to hear the case. Row 3, US Supreme Court: nine justices; it chooses most of its cases; four justices must vote to take a case. Row 4, state trial court: the first court for most cases under state law, such as most crimes and contracts; a loser may appeal inside the state. Row 5, state supreme court: the last word on what its state's law means; the US Supreme Court may review its ruling only if the case raises a question of federal law. Case file E (made-up): Kim Lee lost a car-accident lawsuit in a Linden trial court. Lee says the judge let in a witness that the Linden rules of evidence do not allow, and asks for a new trial. The Linden court of appeals agrees.

7. 4.

   Kira reads chart A and case file E. The Linden court of appeals agrees with Lee. What can it order?

   • A transfer to the US Supreme Court, which decides each dispute over evidence
   • An order telling the Linden legislature to pass a new rule on witnesses
   • A decision on the case itself, reached by choosing which side's witnesses to believe
   • A new trial in the trial court, because the error happened there

8. Use this

   Chart A, Two court systems (our words). Row 1, US district court: the federal trial court; it hears witnesses, finds the facts and applies the law; a loser may appeal to the US court of appeals for that circuit. Row 2, US court of appeals (13 of them): reviews the trial record mainly for mistakes of law; it hears no new witnesses and holds no new jury trial; a loser may ask the Supreme Court to hear the case. Row 3, US Supreme Court: nine justices; it chooses most of its cases; four justices must vote to take a case. Row 4, state trial court: the first court for most cases under state law, such as most crimes and contracts; a loser may appeal inside the state. Row 5, state supreme court: the last word on what its state's law means; the US Supreme Court may review its ruling only if the case raises a question of federal law. Case file F (made-up): Ivo Park lost a jury trial in a Linden trial court on a charge of breaking a Linden traffic law. Park says the jury should have believed Park's witness instead of the police officer. Park has appealed to the Linden supreme court.

9. 5.

   Luz reads chart A and case file F. Park wants the jury's choice between witnesses reviewed. Will the Linden supreme court re-weigh it?

   • Yes, but just the US Supreme Court may weigh the witnesses again, since it sits above the state courts
   • Yes; the highest court decides which witness is telling the truth, as it is the final judge
   • No; a jury's choice between witnesses cannot be raised on appeal on any ground
   • Not as a retrial; it works from the record and asks about legal error

10. Use this

    Chart A, Two court systems (our words). Row 1, US district court: the federal trial court; it hears witnesses, finds the facts and applies the law; a loser may appeal to the US court of appeals for that circuit. Row 2, US court of appeals (13 of them): reviews the trial record mainly for mistakes of law; it hears no new witnesses and holds no new jury trial; a loser may ask the Supreme Court to hear the case. Row 3, US Supreme Court: nine justices; it chooses most of its cases; four justices must vote to take a case. Row 4, state trial court: the first court for most cases under state law, such as most crimes and contracts; a loser may appeal inside the state. Row 5, state supreme court: the last word on what its state's law means; the US Supreme Court may review its ruling only if the case raises a question of federal law. Case file G (made-up): A person is charged with robbing a grocery store in Linden. Robbery is a crime under Linden law. Separately, a person is charged with mailing a threatening letter, a crime under a federal law.

11. 6.

    Milo reads chart A and case file G. For the Linden robbery, which court holds the trial and which has the last word on the robbery law?

    • A Linden trial court holds the trial; the US Supreme Court has the last word on Linden law
    • A US district court holds the trial; the US Supreme Court has the last word
    • A Linden trial court holds the trial; the Linden supreme court has the last word on Linden law
    • A US district court holds the trial, since robbery is serious; the Linden supreme court has the last word
12. 7.

    Noah reads chart A and case file G. For the federal mail threat, which is the correct climb through the courts?

    • A Linden trial court, then the Linden court of appeals, and then the US Supreme Court
    • US district court, then the US court of appeals for the circuit, then the Supreme Court
    • A US district court, then the Linden supreme court, and then the US Supreme Court
    • The US court of appeals, then the US district court, and then the US Supreme Court

13. Use this

    Chart A, Two court systems (our words). Row 1, US district court: the federal trial court; it hears witnesses, finds the facts and applies the law; a loser may appeal to the US court of appeals for that circuit. Row 2, US court of appeals (13 of them): reviews the trial record mainly for mistakes of law; it hears no new witnesses and holds no new jury trial; a loser may ask the Supreme Court to hear the case. Row 3, US Supreme Court: nine justices; it chooses most of its cases; four justices must vote to take a case. Row 4, state trial court: the first court for most cases under state law, such as most crimes and contracts; a loser may appeal inside the state. Row 5, state supreme court: the last word on what its state's law means; the US Supreme Court may review its ruling only if the case raises a question of federal law. Case file H (made-up): Linden's supreme court ruled that a Linden law on school funding violates the Linden constitution. The ruling cites only the Linden constitution.

14. 8.

    Pia reads chart A and case file H. Linden's supreme court rested its ruling on the Linden constitution alone. Can the US Supreme Court overturn it?

    • No, because states are sovereign and no federal court may review a state ruling on any question
    • Yes, because the US Constitution outranks state constitutions in each dispute
    • Yes; the US Supreme Court can overturn any state high-court ruling it disagrees with
    • No; the ruling rests only on Linden's own constitution, so Linden's supreme court has the last word

15. Use this

    Chart A, Two court systems (our words). Row 1, US district court: the federal trial court; it hears witnesses, finds the facts and applies the law; a loser may appeal to the US court of appeals for that circuit. Row 2, US court of appeals (13 of them): reviews the trial record mainly for mistakes of law; it hears no new witnesses and holds no new jury trial; a loser may ask the Supreme Court to hear the case. Row 3, US Supreme Court: nine justices; it chooses most of its cases; four justices must vote to take a case. Row 4, state trial court: the first court for most cases under state law, such as most crimes and contracts; a loser may appeal inside the state. Row 5, state supreme court: the last word on what its state's law means; the US Supreme Court may review its ruling only if the case raises a question of federal law.

16. 9.

    Tala reads chart A. A classmate asks how many justices must agree to take a case. Which claim does the chart support?

    • Five justices must agree, since a majority decides everything the Court does
    • Four of the nine justices can take a case, which is fewer than a majority
    • Any single justice may add a case to the list, since each justice has the same vote
    • Four justices hear the case and the other five stay out of it

17. Use this

    Chart A, Two court systems (our words). Row 1, US district court: the federal trial court; it hears witnesses, finds the facts and applies the law; a loser may appeal to the US court of appeals for that circuit. Row 2, US court of appeals (13 of them): reviews the trial record mainly for mistakes of law; it hears no new witnesses and holds no new jury trial; a loser may ask the Supreme Court to hear the case. Row 3, US Supreme Court: nine justices; it chooses most of its cases; four justices must vote to take a case. Row 4, state trial court: the first court for most cases under state law, such as most crimes and contracts; a loser may appeal inside the state. Row 5, state supreme court: the last word on what its state's law means; the US Supreme Court may review its ruling only if the case raises a question of federal law. Case file B (made-up): Dana Ortiz was convicted of theft by a trial court in the state of Linden. The Linden court of appeals upheld the verdict, and so did the Linden supreme court. Ortiz's only claim now is that police searched a car in a way the Fourth Amendment does not allow. Case file D (made-up): Marcus Bell was convicted of mail fraud in a US district court. The US court of appeals for his circuit upheld the verdict. Bell says the judge misread the federal fraud law.

18. 10.

    Ren compares case files B and D. Ortiz and Bell each lost in an appeals court. Which claim do both files support?

    • The Supreme Court must accept both, since each raises a federal question and each loser may appeal
    • Both were tried in the same system, so both climb the same ladder of courts to the top
    • Each may ask the Supreme Court to review, though neither has a right to be heard
    • Both must appeal next to a US district court, which reviews appeals courts in their circuits