Question 1

Judicial review is defined as

Accepted Answer

A) the power of a court to refuse to enforce a law or a government regulation that, in the opinion of the judges, conflicts with the U.S.Constitution (or, in a state court, the state constitution) 
B) an opinion unrelated to a particular case that gives a court's view about a constitutional or legal issue. 
C) a system for selecting judges that combines features of the appointive and elective methods. 
D) procedures that substitute for formal trials including mediation, arbitration, conciliation, private judging, and advisory settlement conferences. 
E) a repeat offender. 
A) the power of a court to refuse to enforce a law or a government regulation that, in the opinion of the judges, conflicts with the U.S.Constitution (or, in a state court, the state constitution) 
B) an opinion unrelated to a particular case that gives a court's view about a constitutional or legal issue. 
C) a system for selecting judges that combines features of the appointive and elective methods. 
D) procedures that substitute for formal trials including mediation, arbitration, conciliation, private judging, and advisory settlement conferences. 
E) a repeat offender.

Question 2

Decisions that are tried de novo are those which are tried

Accepted Answer

A) using testimony and evidence presented in the minor courts. 
B) without reference to what happened in the minor courts. 
C) for the first time. 
D) to determine sentencing only. 
E) when they are new. 
A) using testimony and evidence presented in the minor courts. 
B) without reference to what happened in the minor courts. 
C) for the first time. 
D) to determine sentencing only. 
E) when they are new.

Question 3

An indictment is

Accepted Answer

A) a certification by a public prosecutor that there is evidence to justify bringing named individuals to trial. 
B) a formal written statement from a grand jury charging an individual with an offense; also called a true bill. 
C) an arrangement whereby the judge assigns a member of the bar to provide counsel to a particular defendant. 
D) to serve the public good; a term used to describe work that lawyers (or other professionals) do for which they receive no fees. 
E) an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys. 
A) a certification by a public prosecutor that there is evidence to justify bringing named individuals to trial. 
B) a formal written statement from a grand jury charging an individual with an offense; also called a true bill. 
C) an arrangement whereby the judge assigns a member of the bar to provide counsel to a particular defendant. 
D) to serve the public good; a term used to describe work that lawyers (or other professionals) do for which they receive no fees. 
E) an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.

Question 4

Under the Missouri Plan, retention elections are held that

Accepted Answer

A) force a large number of judges from the bench. 
B) allow voters to select judges from a field of candidates. 
C) generate high voter interest and high turnouts. 
D) affirm gubernatorial judicial selections. 
E) allow legislatures to overturn gubernatorial judicial selections. 
A) force a large number of judges from the bench. 
B) allow voters to select judges from a field of candidates. 
C) generate high voter interest and high turnouts. 
D) affirm gubernatorial judicial selections. 
E) allow legislatures to overturn gubernatorial judicial selections.

Question 5

Prisons are for criminals serving long sentences.

Accepted Answer

A) True 
 B)False

Question 6

In 2008, approximately how many adult Americans were on probation?

Accepted Answer

A) 2 million 
B) 3 million 
C) 4 million 
D) 5 million 
E) 6 million 
A) 2 million 
B) 3 million 
C) 4 million 
D) 5 million 
E) 6 million

Question 7

Most of the nation's judicial business is conducted by federal courts.

Accepted Answer

A) True 
 B)False

Question 8

What has caused the increase in state and federal prison populations since 1969?

Accepted Answer

A) Public demands for tougher sentences 
B) A shift away from the conservative policies of the 1960s 
C) The increase in illegal drug use 
D) The appointment of more conservative judges 
E) None of the above 
A) Public demands for tougher sentences 
B) A shift away from the conservative policies of the 1960s 
C) The increase in illegal drug use 
D) The appointment of more conservative judges 
E) None of the above

Question 9

In most states felonies are tried in

Accepted Answer

A) trial courts. 
B) probate courts. 
C) appellate courts. 
D) civil courts. 
E) statutory courts. 
A) trial courts. 
B) probate courts. 
C) appellate courts. 
D) civil courts. 
E) statutory courts.

Question 10

Which state pioneered the idea of home confinement as an alternative to incarceration in a facility?

Accepted Answer

A) New Mexico 
B) Texas 
C) New Jersey 
D) Ohio 
E) Vermont 
A) New Mexico 
B) Texas 
C) New Jersey 
D) Ohio 
E) Vermont

Question 11

All of the following are true concerning prosecutors EXCEPT

Accepted Answer

A) there are approximately 2,344 chief prosecutors in the United States. 
B) they may choose to divert cases out of the criminal justice system. 
C) they may decide to charge or not to charge. 
D) they have little leeway in dismissing charges. 
E) they are subject to political pressure. 
A) there are approximately 2,344 chief prosecutors in the United States. 
B) they may choose to divert cases out of the criminal justice system. 
C) they may decide to charge or not to charge. 
D) they have little leeway in dismissing charges. 
E) they are subject to political pressure.

Question 12

In this year the U.S.Supreme Court ruled that death penalty statutes in most states violated the due process rights guaranteed by the U.S.Constitution.

Accepted Answer

A) 1963 
B) 1972 
C) 1976 
D) 2000 
E) 2008 
A) 1963 
B) 1972 
C) 1976 
D) 2000 
E) 2008

Question 13

An advisory opinion is defined as an opinion unrelated to a particular case that gives a court's view about a constitutional or legal issue.

Accepted Answer

A) True 
 B)False

Question 14

Current ways of selecting state judges include all of the following EXCEPT

Accepted Answer

A) appointment by the governor. 
B) election by the legislature. 
C) popular election. 
D) Missouri merit plan. 
E) election by the State Bar Association. 
A) appointment by the governor. 
B) election by the legislature. 
C) popular election. 
D) Missouri merit plan. 
E) election by the State Bar Association.

Question 15

Although Illinois still has a statute allowing capital punishment, it has had no executions since

Accepted Answer

A) 1963 
B) 1972 
C) 1976 
D) 2000 
E) 2008 
A) 1963 
B) 1972 
C) 1976 
D) 2000 
E) 2008

Question 16

In most states misdemeanors are handled by

Accepted Answer

A) traffic courts. 
B) justices of the peace. 
C) courts of appeal. 
D) municipal courts. 
E) minor courts. 
A) traffic courts. 
B) justices of the peace. 
C) courts of appeal. 
D) municipal courts. 
E) minor courts.

Question 17

Certification by a public prosecutor that there is evidence to justify bringing named individuals to trial is called

Accepted Answer

A) an information affidavit. 
B) an indictment. 
C) the assigned counsel system. 
D) pro bono. 
E) the public defender system. 
A) an information affidavit. 
B) an indictment. 
C) the assigned counsel system. 
D) pro bono. 
E) the public defender system.

Question 18

Just as in legislative elections, the one-person, one-vote rule applies to judicial elections.

Accepted Answer

A) True 
 B)False

Question 19

The Missouri Plan is one of the oldest forms of merit plan.

Accepted Answer

A) True 
 B)False

Question 20

The public defender system is older than the assigned counsel system.

Accepted Answer

A) True 
 B)False

Exam 26: Judges and Justice in the States

Judicial review is defined as

Decisions that are tried de novo are those which are tried

An indictment is

Under the Missouri Plan, retention elections are held that

Prisons are for criminals serving long sentences.

In 2008, approximately how many adult Americans were on probation?

Most of the nation's judicial business is conducted by federal courts.

What has caused the increase in state and federal prison populations since 1969?

In most states felonies are tried in

Which state pioneered the idea of home confinement as an alternative to incarceration in a facility?

All of the following are true concerning prosecutors EXCEPT

In this year the U.S.Supreme Court ruled that death penalty statutes in most states violated the due process rights guaranteed by the U.S.Constitution.

An advisory opinion is defined as an opinion unrelated to a particular case that gives a court's view about a constitutional or legal issue.

Current ways of selecting state judges include all of the following EXCEPT

Although Illinois still has a statute allowing capital punishment, it has had no executions since

In most states misdemeanors are handled by

Certification by a public prosecutor that there is evidence to justify bringing named individuals to trial is called

Just as in legislative elections, the one-person, one-vote rule applies to judicial elections.

The Missouri Plan is one of the oldest forms of merit plan.

The public defender system is older than the assigned counsel system.

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