1. It depends on the issue at hand. It is likely going to be in federal district court as Federal District Courts are most often the court of original jurisdiction. A is likely the right answer.
2. Both are appellate courts, so D is correct. The Supreme Court and the Appellate Courts are both, most of the time, sitting in a review capacity. SO, they are reviewing the lower court's ruling for errors.
3. A, C, D.
The Supreme Court is the only entity that can issue a writ of cert allowing a case to be heard by the Supreme Court. Appellate Courts can decide that the lower courts were right (A) or wrong (C) and can send the case back down for more information (D).
4. B
A is incorrect as appellate courts do not hear new facts. A prudent attorney will get all factual matters into the "record" for consideration on appeal. This is one of the key uses of objections.
B is correct as a case will often be put on appeal if a lawyer or client feels that the course was not heard "correctly"
C is incorrect as magistrate judges do not hear cases on appeal
D is incorrect as new evidence is not introduced or reintroduced into the record.
5. C is correct as the President nominates Judges and the Senate provides advise and consent. The majority vote rule is new as of the last decade.
6. B and D are correct
7. A is correct. The Supreme Court is the highest appeals court in the land and their job is to hear and rule on cases.
8. C is the correct answer
9. B is the correct answer. Marbury v. Madison established judicial review.
10. D is the correct answer. Brown v. Board set in motion the desegregation of America's schools.
11. B. The Supreme Court can find a law unconstitutional, ending its application and enforceability
12. C is correct. The Supreme Court hears cases on appeal and issues a writ of cert
13. A is correct. Stare Decisis means letting the decision stand in latin and refers to the principle of following legal precedent.
