Deck 9: The Courts: Structure and Participants

Question 1

A trial de novo occurs when

A)a new case is brought before the court for the first time.
B)a case is retried on appeal.
C)a case that lost on appeal is brought before another court.
D)a state case is moved to federal court.

Answer 1

B

Question 2

A ________ is a low-level court that focuses on quality-of-life crimes eroding neighborhood morale and is an official component of the formal criminal justice system.

A)specialized court
B)community court
C)court of last resort
D)dispute resolution center

Answer 2

B

Question 3

How are federal district court judges selected?

A)They are elected by a popular vote.
B)They are appointed by Congress with the approval of the President.
C)They are appointed by the President with the consent of the Senate.
D)They are chosen by sitting federal judges.

Answer 3

C

Question 4

While Bob was studying in the library,his wallet was stolen.When the person who stole his wallet was caught,Bob opted to resolve the case informally at a ________ staffed by volunteer mediators.

A)community court
B)criminal justice center
C)dispute-resolution center
D)deferral court

Question 5

Which of the following is not one of the three levels of the federal judiciary?

A)U.S.courts of appeal
B)U.S.district courts
C)U.S.specialized courts
D)U.S.Supreme Court

Question 6

What is the Missouri Plan?

A)A method of judicial selection based on merit
B)A plan for restructuring state courts systems to increase efficiency and reduce case backlog
C)A proposed method for increasing the effectiveness of court-appointed counsel
D)A guide to jury reform

Question 7

Which of the following is not a member of the courtroom work group?

A)Judge
B)Jury member
C)Public defender
D)Bailiff

Question 8

________ appeals to federal appellate courts involve major questions of law and policy where there is considerable professional disagreement among the courts.

A)Nonconsensual
B)Procedural
C)Ritualistic
D)Frivolous

Question 9

Deciding what charges are to be brought against a defendant is an example of ________ discretion.

A)judicial
B)prosecutorial
C)probational
D)voluntary

Question 10

The TV court show Judge Judy is an example of which type of court?

A)Appellate courts
B)Trial courts of limited jurisdiction
C)Trial de novo courts
D)Trial courts of general jurisdiction

Question 11

The judge

A)is responsible for presenting the state's case against the defendant.
B)determines what charge to bring against a suspect.
C)holds ultimate authority in ruling on matters of law.
D)is responsible for testing the strength of the prosecution's case.

Question 12

Which of the following is not part of the court structure developed by states following the federal model?

A)Appellate courts
B)Trial courts of limited jurisdiction
C)Trial de novo courts
D)Trial courts of general jurisdiction

Question 13

What does the power of judicial review allow the Supreme Court to do?

A)Expand the scope of its original jurisdiction in state-level cases.
B)Review and approve the structure of state court systems.
C)Review lower-court decisions and state and federal statutes.
D)Conduct trials in federal cases when it considers the issue to warrant it.

Question 14

The U.S.District Courts are the

A)trial courts for the federal system.
B)appellate courts for the federal system.
C)courts of last resort for the federal system.
D)civil courts for the federal system.

Question 15

Which of the following provides the first appellate level for courts of limited jurisdiction?

A)Courts of last resort
B)Trial courts of general jurisdiction
C)Intermediate appellate courts
D)District courts

Question 16

Which of the following refers to the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts?

A)Appellate jurisdiction
B)Overlapping jurisdiction
C)Original jurisdiction
D)Limited jurisdiction

Question 17

________ created the federal court system.

A)Article III,Section 1 of the U.S.Constitution.
B)The Judiciary Act of 1789
C)The Bill of Rights
D)President George Washington

Question 18

In which U.S.Supreme Court case was the Court's authority as the final interpreter of the U.S.Constitution established?

A)Sell v.U.S.
B)U.S.v.Hazzard
C)U.S.v.Montalvo-Murillo
D)Marbury v.Madison

Question 19

Because the states wanted to retain significant legislative authority and judicial autonomy,the United States has a(n)________ system.

A)appellate court
B)dual-court
C)multi-court
D)autonomous court

Question 20

Courts that have the authority to review a decision made by a lower court are said to have ________ jurisdiction.

A)original
B)oversight
C)mandatory
D)appellate

Question 21

George has been accused of multiple crimes.Why would the prosecutor want to try George separately on each charge?

A)Trying charges separately would save the state considerable time and money.
B)Trying charges separately would allow the prosecutor to present a complete sequence of all criminal events.
C)Trying charges separately would allow another trial on a new charge if George is found not guilty at a trial.
D)Trying charges separately would let the prosecutor present a considerable amount of evidence at trial.

Question 22

The dual court system allows the states to retain a significant amount of judicial autonomy.

Question 23

The duties of the defense counsel do not include

A)serving as a quasi-legal advisor to the police.
B)testing the strength of the prosecution's case.
C)taking part in plea negotiations.
D)ensuring the defendant's civil rights are not violated.

Question 24

A defendant who is not indigent and who can afford private attorney fees will have which type of defense attorney?

A)A public defender
B)Retained counsel
C)Assigned counsel
D)Court appointed counsel

Question 25

In which of the following does the defendant exercise choice in the court process?

A)Deciding what charges will be brought
B)Deciding what plea to enter
C)Selecting which form of indigent defense will be provided
D)Deciding whether to be tried in absentia

Question 26

Under the dual court system,state courts may hear cases involving alleged violations of federal law.

Question 27

________ is information having a tendency to clear a person of guilt or blame.

A)Exculpatory evidence
B)Direct evidence
C)Fruit of the poisonous tree evidence
D)Real evidence

Question 28

The role of the ________ is to create a record of all that occurs during a trial.

A)clerk of court
B)court administrator
C)court reporter
D)bailiff

Question 29

The clerk of court is responsible for

A)ensuring order in the courtroom during a trial.
B)creating a record of everything that occurs at a trial.
C)providing uniform court management.
D)summoning members of the public for jury duty.

Question 30

Which type of indigent defense involves the use of full-time salaried state employees?

A)Private counsel programs
B)Contract attorney programs
C)Assigned counsel
D)Public defender programs

Question 31

A court with original jurisdiction has the lawful authority to review a decision made by a lower court.

Question 32

The framework used by state trial courts of general jurisdiction is the adversarial process.

Question 33

Who is often considered a "forgotten" person in the courtroom?

A)The victim
B)The defendant
C)The judge
D)The bailiff

Question 34

Mario is a criminal attorney with a private practice.He has been appointed by the court to serve as a defense attorney for an indigent defendant and receives a fee from the court that is set by the state government.Mario is a(n)________ counsel.

A)assigned
B)opposing
C)public
D)private

Question 35

An eyewitness who saw a crime being committed is an example of a(n)________ witness

A)hostile
B)known
C)lay
D)expert

Question 36

The same court can have both original and appellate jurisdiction.

Question 37

A subpoena

A)orders the sheriff to make an arrest.
B)is issued by a bailiff.
C)results in a trial de novo.
D)is a written order requiring an individual to appear in court.

Question 38

The ________keeps order in the courtroom and announces the judge's entry to the courtroom.

A)court recorder
B)bailiff
C)clerk of court
D)court administrator

Question 39

Which of the following individuals would probably not be required to serve on a jury?

A)An elementary school teacher
B)A physician
C)A naturalized U.S.citizen
D)A professional athlete

Question 40

A(n)________ provides information about the personality,family life,and business acumen of the defendant in an effort to show that the defendant is not the kind of person who would commit the crime with which he or she is charged?

A)character witness
B)secure witness
C)eyewitness
D)expert witness

Question 41

Defendants who were tried in a state court system may have the option of appealing to the U.S.Supreme Court.

Question 42

A domestic violence court is an example of a problem-solving court.

Question 43

A prosecutor exercises prosecutorial discretion when deciding which witnesses to call for trial.

Question 44

At the federal level,a case will generally start out in the U.S.circuit courts.

Question 45

Assigned counsel are full-time state employees who represent indigent defendants.

Question 46

The U.S.courts of appeals have mandatory jurisdiction over district court decisions.

Question 47

A defendant is not required to be represented by an attorney at trial.

Question 48

Jurors are members of the courtroom work group.

Question 49

Most convictions are reversed on appeal to a higher court.

Question 50

An indigent suspect charged with a crime that could involve a sentence of imprisonment has the constitutional right to be represented by counsel.

Question 51

The primary duty of the judge is to ensure justice.

Question 52

Dispute resolution centers are official components of the formal criminal justice system.

Question 53

A defense attorney who violates client confidentiality to prevent a serious violent crime from occurring may be subject to penalties under state codes of professional conduct.

Question 54

According to the Supreme Court,a federal court must order a new state trial if new evidence of the defendant's innocence is uncovered.

Question 55

It is the responsibility of the clerk of court to keep order in the courtroom and control access to members of the jury.

Question 56

The U.S.Court of Appeals has the power of judicial review over lower-court decisions.

Question 57

The court of last resort is the court authorized by law to hear the final appeal on a matter.

Question 58

The prosecutor's job essentially ends with a finding of guilt or innocence.

Question 59

At least four U.S.Supreme Court justices must vote in favor of a hearing for a case to be heard.

Question 60

The Missouri Plan is designed to reform prosecutorial discretion.

Question 61

A victim may be a lay witness.

Question 62

The Daubert standard is used to determine if scientific evidence is admissible in criminal court.

Question 63

________ are the federal trial courts.

Question 64

The power of the Supreme Court to act as the final interpreter of the U.S.Constitution is known as ________.

Question 65

Victim assistance programs provide services to witnesses.

Question 66

A(n)________ is a new trial held in superior court for a defendant whose case originated in a lower court.

Question 67

A change of venue involves postponing the date of a trial to allow emotions to cool,as a way of ensuring a fair trial and an impartial jury.

Question 68

The ________ has the primary duty of ensuring justice

Question 69

By law and judicial precedent,television cameras are permitted in all state and federal courtrooms.

Question 70

________ courts are low-level courts that focus on quality-of-life crimes that erode a neighborhood's morale.

Question 71

In most jurisdictions,non-citizens may serve on a jury if they have been legal residents of the U.S.for a specified minimum period of time.

Question 72

________ appeals brought before the U.S.courts of appeals are brought mainly because of the demands of litigants and the probability that the decision of the lower court will be reversed is negligible.

Question 73

Lay witnesses may express opinions and draw conclusions in their testimony.

Question 74

The reports of the court recorder are the basis for appellate review.

Question 75

The "golden age" of the crime victim refers to a time during the Middle Ages when victims played a central role in trial and sentencing proceedings.

Question 76

In most cases,defendants must be present at trial.

Question 77

Trial courts of general jurisdiction operate within a framework known as the ________ process.

Question 78

In a typical three-tiered court structure,the lowest court is a(n)________.

Question 79

The operational functions of most state court systems are managed by a(n)________.

Question 80

A court's ________ is the territory,subject matter,or people over which that court may exercise authority.