Deck 9: Lawyers and Judgesprosecutionroles and Dutiesfederal Prosecutorsstate Prosecutorspolitics

Question 1

What percentage of all lawyers today practice criminal law on a regular basis?

A) fewer than 5%
B) 10%
C) about 35%
D) a little less than 55%

Answer 1

A

Question 2

Which of the following factors is not considered in the decision of whether or not to prosecute?

A) whether a suspect has confessed
B) the prior criminal record of the suspect
C) the race and/or sex of the suspect
D) whether a weapon was used during the commission of the offense

Answer 2

C

Question 3

How do United States attorneys obtain their position?

A) They are elected by the people.
B) They are appointed by the Senate Judiciary Committee.
C) They are appointed by the President of the U.S. and confirmed by the Senate
D) They are appointed by the Chief Justice of the United States and confirmed by the President

Answer 3

C

Question 4

What role(s) do(es) defense attorneys fulfill?

A) They advocate for the accused
B) They serve as intermediary
C) They are a learned friend
D) All of these

Question 5

The chief administrative officer of the court is called the ____________.

A) judge
B) clerk of court
C) administrative law clerk
D) court administrator

Question 6

Which U.S. Supreme Court case granted defendants charged with felonies in state courts the right to an attorney?

A) Gideon v. Wainright
B) Argersinger v. Hamlin
C) Miranda v. Arizona
D) Cole v. Adler

Question 7

Governor Elliot Spitzer resigned his position because ___________.

A) he frequented a call girl
B) he committed domestic battery
C) he accepted illegal campaign contributions
D) he bought cocaine from an undercover police officer

Question 8

Which amendment guarantees an accused the right to counsel?

A) Fourth
B) Fifth
C) Sixth
D) Eighth

Question 9

______________ ensure that the legal rights of an accused person are fully protected at every stage in the criminal justice process.

A) Magistrates
B) Defense attorneys
C) Prosecutors
D) Clerks of Court

Question 10

Attorneys and government officials who represent the people and/or the state against person accused of committing criminal acts are called ____________.

A) prosecutors
B) public defenders
C) magistrates
D) solicitors general

Question 11

How do Assistant U.S. attorneys obtain their position?

A) They are elected by the people
B) They are appointed by the United States attorney general
C) They are appointed by the Senate Judiciary Committee.
D) They are appointed by the President of the U.S. and confirmed by the Senate

Question 12

What is/are the most important of the case-related factors that affect the decision to prosecute?

A) the seriousness of the offense and the harm caused
B) the race, age, and sex of the suspect
C) the amount of money it costs to go to court
D) none of these

Question 13

Who was the U.S. Attorney for the Southern District of New York in the 1980's?

A) Clarence Thomas
B) Janet Reno
C) George W. Bush
D) Rudolph Giuliani

Question 14

In which City did Judge Roy Bean hold court?

A) Boulder, Colorado
B) Langtry, Texas
C) Sioux City, Iowa
D) Albuquerque, New Mexico

Question 15

William Holder is ________________.

A) Chief Justice of the U.S. Supreme Court
B) A justice on the U.S. Supreme Court
C) The Attorney General of the United States
D) The Mayor of New York
E) The Vice-President of the United States

Question 16

What percentage of the world's practicing and non-practicing lawyers are located in the U.S.?

A) 7%
B) 25%
C) 50%
D) 64%

Question 17

At what stages during of the criminal process do defendants have a right to have an attorney present?

A) police interrogations and line-ups
B) preliminary hearings and probation and parole revocation proceedings
C) both of these
D) none of these; the defendant only has a right to an attorney at trial

Question 18

Which U.S. Supreme Court case expanded the right to counsel to include all cases, including misdemeanors, that may result in sentences of imprisonment?

A) Gideon v. Wainright
B) Argersinger v. Hamlin
C) Miranda v. Arizona
D) Cole v. Adler

Question 19

The _______________ is the attorney and government official who prosecutes cases at the federal level.

A) solicitor general
B) public defender
C) magistrate
D) United States attorney

Question 20

The majority of State Attorneys General are _________.

A) appointed by the Governor
B) appointed by the legislature
C) hired by the Secretary of State
D) elected

Question 21

Who primarily funds the public defender, assigned counsel, and contract systems?

A) the state and the county
B) the county and the federal judicial system
C) the federal system only
D) none of these

Question 22

What is the assigned counsel system?

A) A system where the judge appoints a private lawyer selected from a list of attorneys.
B) A system consisting of public or nonprofit organizations with staff that provide defense services.
C) A system under which private attorneys from law firms or local bar associations contact to provide defense services.
D) A system where an attorney is assigned to the different stages of the criminal process.

Question 23

Who sets the dollar amount of bail required?

A) Prosecutors
B) Clerks of Court
C) Judges
D) Bail bondsmen

Question 24

Who are considered to be the supreme officers of the court?

A) Prosecutors
B) Clerks of Court
C) Judges
D) Defense Attorneys

Question 25

Which type of judge hears pre-trial motions, tries minor federal offenses, and issues warrants?

A) Magistrate
B) District judges
C) Justices of the Supreme Court
D) Justice of the Peace

Question 26

The chief administrative officer of the court is called the ____________.

Question 27

Attorneys and government officials who represent the people and/or the state against person accused of committing criminal acts are called ____________.

Question 28

Which of the following functions do judges not perform?

A) decide questions of law.
B) Oversee jury selection
C) Control the presentation of evidence
D) Rule on objections and motions.
E) none of these

Question 29

To be a judge at the state level, most states require ______________.

A) a minimum age
B) a certain number of years as a resident of the state
C) membership in the state bar
D) none of these
E) all of these

Question 30

Which State does not have any minimum requirements for judges of the appellate courts and courts of general jurisdiction?

A) California
B) South Dakota
C) New Hampshire
D) Florida

Question 31

_______ was the U.S. Attorney for the Southern District of New York in the 1980's.

Question 32

Which of the following is not a federal court judge?

A) Magistrate
B) District judges
C) Justices of the Supreme Court
D) Justice of the Peace

Question 33

What is the merit system?

A) Judges run for judgeship and the people elect them
B) Judges acquire a number of points which either causes them to be retained or dismissed from office.
C) A state nominating commission will select several candidates for judgeship and submits their names to the governor who, in turn, appoints one of them.
D) The Senate judiciary committee of the state appoints the judge with approval from the governor.

Question 34

What are the formal requirements for a U.S. magistrate?

A) You must be a lawyer and a member of the state bar
B) You must be a citizen of the United States
C) You must be a member of the Elks Club or the Fraternal Order of Eagles
D) none of these

Question 35

What is the public defender system?

A) A system where the judge appoints a private lawyer selected from a list of attorneys.
B) A system consisting of public or nonprofit organizations with staff that provide defense services.
C) A system under which private attorneys from law firms or local bar associations contact to provide defense services.
D) A system where an attorney is assigned to the different stages of the criminal process.

Question 36

In what year was Clarence Thomas appointed to the U.S. Supreme Court?

A) 1970
B) 1981
C) 1987
D) 1991

Question 37

What are the formal requirements to become U.S. Supreme Court Justice?

A) You must be a citizen of the United States
B) You must be at least 35 years of age
C) You must have a law degree
D) All of the above
E) None of the above

Question 38

Under the Constitution ______________ has the responsibility of selecting nominees for judges at all levels of the federal judiciary.

Question 39

The _______________ is the attorney and government official who prosecutes cases at the federal level.

Question 40

______________ ensure that the legal rights of an accused person are fully protected at every stage in the criminal justice process.

Question 41

The ____________ is considered the chief legal officer of the state.

Question 42

The _______ amendment guarantees an accused the right to counsel.

Question 43

The case of ________________ granted defendants charged with felonies in state courts the right to an attorney.

Question 44

The United States has nearly ____ percent of all the world's practicing and non-practicing lawyers.

Question 45

Judge Roy Bean held court in _____________.

Question 46

A system consisting of public or nonprofit organizations with staff that provide defense services is known as the __________________.

Question 47

In the South, almost all of the counties use the assigned counsel system.

Question 48

Judges do not interfere in case-flow management.

Question 49

Courts give great deference to prosecutors.

Question 50

The trial judges of the federal courts are called ______________.

Question 51

The ______________ is considered the highest ranking official in the United States Department of Justice.

Question 52

"Did you have a lawyer when you went to court?" "No, I had a ______________."

Question 53

__________ are considered to be the supreme officers of the court?

Question 54

Most of the work of the office of the State attorneys general involves criminal cases.

Question 55

Under the ____________ a judge appoints a private lawyer selected from a list of attorneys to represent a defendant in a criminal case.

Question 56

Prosecution is almost exclusively the responsibility of an elected of appointed prosecutor.

Question 57

The U.S. Supreme Court case ____________ expanded the right to counsel to include all cases, including misdemeanors, that may result in sentences of imprisonment?

Question 58

The state attorneys general are the chief legal officers of their jurisdictions.

Question 59

_____% of all lawyers today practice criminal law on a regular basis.

Question 60

The choice a Prosecutor has whether to prosecute or not is referred to as _____.

Question 61

There are no requirement to become a U.S. Supreme Court Justice.

Question 62

The Missouri Plan is another name for the nonpartisan elections of judges.

Question 63

Approximately 13% of all judges handle only criminal cases.

Question 64

Unlike the Federal magistrates, most states do not require that magistrates or justices of the peace have law degrees or bar memberships.

Question 65

State attorneys general are elected officials.

Question 66

Trial judges are only found in courts of general jurisdiction.

Question 67

The Fourth Amendment guarantees the accused the right to counsel.

Question 68

The great majority of the President's nominees for judge are approved by the Senate.

Question 69

States now use merit selection in selecting its' judges.