15 questions
1. David Greene and his wife Laura wanted to renovate their kitchen, so they signed a contract with Shoddy & Sons, a local builder, and gave the company a $10,000 deposit. Shoddy & Sons failed to do any work on the project and won’t respond to Mr. Greene’s phone calls, and the Greenes want their money back.
Federal
State
Concurrent
2. Susan Hammond looks desperate as she bursts in your office. She tells you her husband, Tom, was making fake $100 bills in their spare bedroom. She used a few of the bills to purchase a $350 CatMagic self-flushing litter box. She was arrested late last night by the F.B.I. and charged with the crime of knowingly using counterfeit bills. She needs you to represent her in her criminal case.
State
Federal
Concurrent
3. Debbie and Jim Lomach were driving from their home in Chicago to Dallas for a family reunion in their brand new Airstream motorhome when a truck full of oranges from the Florida Floranges Company plowed into their Airstream, causing over $100,000 of damages to the motorhome. Although no one was injured physically in the crash, the Lomaches have come to you asking what they should do about the extensive damage to their Airstream (not to mention the lingering citrus smell).
State
Federal
Concurrent
4. April Snow, a rising star in the pop music world, stomps into your office because a new artist, Hybiscus Slant, has come out with a song entitled “You’re My One and Only Glove,” which sounds exactly like April’s hit from last year, “You’re My One and Only Love.” She knows there are national copyright laws that protect songwriters against people copying their melodies and words, and she’s looking for your help.
State
Federal
Concurrent
5. Ted Abel walks into your office and tells you his sad story. He had been trying to get to the local baseball field to catch the last innings of his son’s big game when he was pulled over for speeding. He was traveling 62 mph in a 45-mile-an-hour zone. He also forgot to renew his license after his last birthday, so he was driving with an expired license
State
Federal
Concurrent
Plaintiff: Blair Bayer filed a lawsuit against Skylar Cellar for breach of contract.
The person who is being sued or accused of a crime
The losing party who asks a higher court to review their case and the decision made by the lower court
. In a civil case, this is the person who sues another
. In a criminal case, this is the government attorney who argues that a person accused of a crime is guilty
The party against whom a petition for appeal is filed
Defendant: Skylar Cellar alleges he did everything by the book and shouldn’t have to deal with the suit.
The person who is being sued or accused of a crime
The losing party who asks a higher court to review their case and the decision made by the lower court
. In a civil case, this is the person who sues another
. In a criminal case, this is the government attorney who argues that a person accused of a crime is guilty
The party against whom a petition for appeal is filed
Petitioner: Unhappy with the trial court’s decision, petitioner Hector Diaz has appealed to a higher court.
The person who is being sued or accused of a crime
The losing party who asks a higher court to review their case and the decision made by the lower court
. In a civil case, this is the person who sues another
. In a criminal case, this is the government attorney who argues that a person accused of a crime is guilty
The party against whom a petition for appeal is filed
Respondent: As the respondent, Jennifer Garcia is upset that a case she has already won is going back to a court of law.
The person who is being sued or accused of a crime
The losing party who asks a higher court to review their case and the decision made by the lower court
. In a civil case, this is the person who sues another
. In a criminal case, this is the government attorney who argues that a person accused of a crime is guilty
The party against whom a petition for appeal is filed
Prosecution: The prosecution aims to prove that the defendant is guilty of credit card theft as prohibited by Maryland state law.
The person who is being sued or accused of a crime
The losing party who asks a higher court to review their case and the decision made by the lower court
. In a civil case, this is the person who sues another
. In a criminal case, this is the government attorney who argues that a person accused of a crime is guilty
The party against whom a petition for appeal is filed
*CHECK ALL THAT APPLY* Original jurisdiction is the authority of a court to hear and decide a case before any other court does. Which courts in the federal and state court systems have original jurisdiction? (Hint: Use the reading to help you.)
US District Courts
US Appelate Court
State Supreme Courts
State Trial Courts
While the ____________________ mostly reviews cases and decisions appealed from lower courts, it does have original jurisdiction in very specific types of cases. Read the excerpt from the Constitution and underline which cases these are.
How are federal judges are selected?
They are nominated by the president by and with the advice and consent of the Senate.
The President gets sole power to appoint and approve all federal judges without the consent of any other entity
The Constitution says that federal judges “shall hold their offices during good behavior”. So what’s the longest period of time or term they could serve?
Until the federal retirement age of 70
For life
What CANNOT happen to the salary of a federal judge?
It cannot be increased
It cannot be decreased