40 Questions
What is the method of resolving disputes arising out of this Agreement?
Arbitration
Under which rules will the arbitration be conducted?
Rules of the American Arbitration Association
What is the duty of an attorney regarding the Constitution and laws of the United States and California?
To support them
What should an attorney avoid when presenting a case to a judge or judicial officer?
Seeking to mislead the judge or judicial officer
What should an attorney maintain inviolate?
The confidence of the client
What should an attorney avoid when interacting with parties or witnesses?
Advancing facts prejudicial to the honor or reputation
What motivates an attorney to reject a case?
A consideration personal to the attorney
What is the primary purpose of the CPE/GDL course?
To teach non-law graduates the 7 basic areas of legal practise
What is an attorney's duty regarding disciplinary investigations?
To cooperate and participate in them
What is the duration of the Legal Practice Course (LPC)?
One year
What is the name of the body that regulates the profession of solicitors?
Law Society
What is the name of the list where the names of qualified solicitors are entered?
The Roll
What is the purpose of a two-year training contract with a law firm?
To enable candidates to qualify as solicitors
What is the name of the certificate that solicitors must obtain annually?
Practising Certificate
What is the term used to describe a solicitor working in a small town, catering to the local community?
High street practice
What is the term used to describe a solicitor who deals with all aspects of the law?
Generalist
What is the primary difference between states with intermediate appellate courts and those without?
The ability to accept appeals as a matter of right
What is the typical basis for an appeal to a state's highest court?
A mistake of law
In which types of cases do many state supreme courts have original jurisdiction?
Election controversies and reapportionment of legislative districts
What is the typical structure of a state's highest court?
A panel of three, five, seven, or nine judges
What is the main difference between the state court system and the federal court system?
The ability to accept or reject cases
Which of the following courts is likely to have original jurisdiction over a small claims dispute?
Municipal court
What is the purpose of intermediate appellate courts in the state court system?
To provide discretionary review of cases
Which of the following is a characteristic of the state court system?
A hierarchical system with multiple levels of courts
What is the primary function of the Federal Court System in the United States?
To decide cases involving federal laws and the Constitution
What is the main difference between Federal and State Courts in the United States?
Federal courts have jurisdiction over cases involving federal laws and the Constitution, while state courts have jurisdiction over cases involving state laws
What is the term for the system of laws and regulations created by government agencies?
Administrative law
Which of the following is NOT a source of law in the United States?
International law
What is the primary function of State Court Systems in the United States?
To decide cases involving state laws
Which of the following is a characteristic of the American Court system?
It is a federal system with separate federal and state court systems
What is the term for the system of laws and regulations that govern the relationship between individuals and the state?
Public law
Which of the following sources is NOT a reference for legal terminology in the United States?
The English of Law: England and Wales
What type of cases does the United States Court of Federal Claims mainly hear?
Cases involving government contracts and complex tax law
What is the geographical jurisdiction of the United States Court of International Trade?
The whole territory of the United States
What is the purpose of Magistrate Courts?
To lessen the workload assigned to the Federal District Courts
What type of cases can be reviewed by a District Judge of the same court?
Decisions taken by a magistrate
How are Magistrate judges appointed?
Appointed by a life-term federal judge
What type of remedies can the United States Court of International Trade grant?
Any remedy available, including money compensation, writs of mandamus, and preliminary or permanent injunctions
What is the main difference between the US Court of Federal Claims and Magistrate Courts?
The type of cases they hear
Appeals against decisions of the US Court of International Trade are heard by which court?
The United States Court of Appeals for the Federal District
Study Notes
Highest State Courts
- All states have a highest court with discretionary review in states with intermediate appellate courts.
- Appeals may be taken to the highest state court as a matter of right in states without intermediate appellate courts.
- Highest state courts have original jurisdiction in certain matters, such as election controversies and reapportionment of legislative districts.
- These courts often sit in panels of three, five, seven, or nine judges/justices.
State Court Systems
- Model of state court system includes the supreme court, court of appeals, superior court, county court, and lower courts.
- Additional courts include civil courts, criminal courts, family court, probate court, juvenile court, commercial court, municipal court, small claims court, landlord-tenant court, and traffic court.
Difference between Federal and State Courts
- Federal courts have jurisdiction over federal laws and the Constitution, while state courts have jurisdiction over state laws.
- Federal courts have limited jurisdiction, while state courts have general jurisdiction.
- Federal courts hear cases involving federal laws and the Constitution, while state courts hear cases involving state laws.
American Court Systems
- The US Supreme Court is the highest court in the federal system and has the final say on matters of federal law and the Constitution.
- State courts have their own supreme courts, which are the highest courts in the state system.
Legal Profession
- The California Civil Code sets out the duties of an attorney, including supporting the Constitution and laws of the United States and the state.
- Attorneys must maintain the respect due to the courts and judicial officers, counsel or maintain only legal or just actions, and maintain inviolate the confidence of their clients.
- The legal profession is regulated by the Law Society, which sets the curriculum for the Legal Practice Course (LPC) and admits solicitors to the roll.
Anglo-American Legal English
- Legal English is used in the United States and England and Wales.
- Sources for this chapter include The English of Law, International Legal English, Black's Law Dictionary, and various online resources.
United States Legal System
- The federal court system includes the US Supreme Court, Courts of Appeals, District Courts, Bankruptcy Courts, and Special Federal Courts.
- State law varies by state, and each state has its own court system.
Special Federal Courts
- The United States Court of Federal Claims hears cases against the United States, primarily on money claims, including damages, federal contracts, and appropriation of private property.
- The United States Court of International Trade hears cases dealing with international trade and customs.
- Magistrate Courts help lessen the workload of the Federal District Courts and handle minor criminal cases and civil cases with agreed jurisdiction.
Learn about the role and jurisdiction of highest state courts, including discretionary review, original jurisdiction, and panel composition.
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