Deck 2: The Role of the Courts

Question 1

State court systems have a hierarchical organization .

Answer 1

True

Question 2

State court judges must follow all rulings of the U.S. Supreme Court.

Answer 2

False

Question 3

A direct appeal of a conviction in a criminal case is restricted to issues that were raised at trial.

Answer 3

True

Question 4

A federal judge can be impeached if convicted of a felony.

Question 5

The U.S. Constitution explicitly gives the U.S. Supreme Court the authority to declare that laws are unconstitutional.

Question 6

In a criminal case, the judge can set aside the verdict if the jury voted to convict but not if they voted to acquit.

Question 7

The sole authority of the U.S. Supreme Court is to rule on constitutional issues.

Question 8

Newly discovered evidence is not admissible on a direct appeal.

Question 9

The U.S. Supreme Court will not consider a habeas corpus case filed by a state inmate on a Fourth Amendment issue if a state court has provided a full and fair hearing on the claim.

Question 10

Section 1985 (Civil Rights Act) applies to anyone who deprives a person of his/her constitutional rights.

Question 11

The reporter's transcript is a verbatim record of what was said at the trial court.

Question 12

In a non-jury trial, the prosecutor must establish a prima facie case in order to obtain a conviction.

Question 13

An appellate court only considers issues raised by the parties in their briefs.

Question 14

Geographical jurisdiction of a court in a criminal case is based on the location where the crime was committed.

Question 15

The U. S. District Court is the trial court in the federal system.

Question 16

In a criminal case, the jurors are instructed that they must acquit if they have any doubt about the defendant's guilt.

Question 17

The plaintiff in a civil case establishes the case by a preponderance of the evidence he/she will win the case.

Question 18

If a defendant waits for 1 year after being convicted to file a direct appeal the appeal will be dismissed.

Question 19

The judge is allowed to consider newly discovered evidence when ruling on a motion to set aside a verdict.

Question 20

Prosecutors do not have absolute immunity in Civil Rights Act cases if they maliciously file criminal charges against a person they know is innocent.

Question 21

Proof beyond a reasonable doubt is required by Due Process in:

A) criminal trials.
B) civil trials.
C) both criminal and civil trials.
D) neither criminal nor civil trials.

Question 22

Section 1983 allows a person to sue a local government employee in federal court for a violation of:

A) Fourth Amendment.
B) Due Process.
C) Equal Protection.
D) All of these

Question 23

The statute of limitations applies to the time elapsed between:

A) commission of crime and filing criminal charges.
B) commission of crime and beginning of trial.
C) filing charges and beginning of trial.
D) conviction and final decision by appellate courts.

Question 24

Marbury v. Madison is important historically because:

A) it was the first case decided by the U.S. Supreme Court.
B) it is the first case where the U.S. Supreme Court ruled that it has the authority to declare legislation enacted by Congress unconstitutional.
C) it was the first case to hold that the Executive Branch must obey laws enacted by Congress.
D) none of these

Question 25

The geographical jurisdiction of an intermediate level state appellate court is:

A) the geographical area assigned by the legislature.
B) the entire state.
C) the geographical area assigned by Congress.
D) determined by the state governor.

Question 26

A Petition for Writ of Habeas Corpus should be filed:

A) with the court in jurisdiction where conviction was entered.
B) with the court in jurisdiction where person is currently confined.
C) with the appellate court in state where conviction was entered.
D) with the U. S. Supreme Court.

Question 27

The Antiterrorism and Effective Death Penalty Act of 1996:

A) abolished the right of inmates convicted in state court to file habeas corpus in federal courts.
B) abolished the right to file federal habeas corpus in death penalty cases.
C) requires that individuals convicted in state court file federal habeas corpus petitions within one year of the exhaustion of their state court remedies.
D) has no bearing on habeas corpus proceedings.

Question 28

An indigent defendant who has been convicted of a felony has the right to appointed counsel for:

A) all appeals of the conviction.
B) all appeals of conviction in state court but not federal court.
C) only for first post-conviction appeal.
D) only for appeals filed by the prosecution.

Question 29

A decision of the U.S. Court of Appeals for the Second Circuit about a constitutional issue is binding on:

A) only U.S. District Courts in the Second Circuit.
B) state and federal trial courts in the Second Circuit.
C) U. S. District Courts in all circuits.
D) state and federal trial courts in the entire United States.

Question 30

Which of the following is a valid reason for a judge to set aside a verdict?

A) judge made erroneous rulings on admission of prosecution evidence at trial
B) material evidence introduced by prosecution at trial was false
C) newly discovered evidence casts serious doubt on defendant's guilt
D) all of these

Question 31

The Harmless Error Rule used by appellate courts results in the reversal of a conviction:

A) if there were any errors at trial.
B) only if the errors at trial were procedural.
C) only if there were constitutional errors.
D) only if the errors at trial affected the outcome of the case.

Question 32

In the United States, Double Jeopardy applies to cases that are reversed on appeal:

A) case can never be filed again
B) case can be re-filed except when the conviction was reversed due to insufficient evidence
C) case can be filed again only if prosecutor has new evidence of defendant's guilt
D) refilling the criminal charges is solely within the discretion of the prosecutor

Question 33

The prosecution rarely files direct appeals because:

A) they are prohibited by law from doing so except in extraordinary circumstances.
B) double jeopardy prevents an appellate court from reversing an acquittal.
C) prosecuting agencies do not hire appellate attorneys.
D) criminal cases rarely go to trial.

Question 34

Appellate courts decide which issues to address based on:

A) brief filed by the defendant.
B) brief filed by the prosecution.
C) brief filed by trial court judge.
D) summary of facts prepared by staff attorneys.

Question 35

The document used to ask the U.S. Supreme Court to hear a case is called:

A) Petition for Writ of Certiorari.
B) Petition to Proceed in Forma Pauperis.
C) Petition for Writ of Habeas Corpus.
D) Petition for Hearing.

Question 36

If an appellate court reverses a case based on insufficient evidence, the prosecutor:

A) can re-file the case based on his/her own discretion.
B) can re-file the case if it has evidence that was not admitted at the first trial.
C) can re-file the case as long as the new filing is based on lesser charges than the original case.
D) cannot re-file the case or file lesser included offenses.

Question 37

Police officers have qualified immunity from suit under the Civil Rights Act of 1871:

A) for all actions done in the line of duty.
B) only for actions mandated by state law.
C) for all actions done in good faith.
D) they do not have qualified immunity.

Question 38

Discretionary appeals in criminal cases:

A) must allege that the initial appellate court abused its discretion in deciding the case.
B) can only be used to seek the reversal of a conviction.
C) are heard only if the justices of the higher court agree to consider the case.
D) are automatically filed after the direct appeal.

Question 39

The largest portion of the workload of the trial courts is related to:

A) processing warrants.
B) pre-trial events.
C) trials.
D) sentencing.

Question 40

An independent judiciary means:

A) judges are free to decide cases based on their own interpretation of the law.
B) judges cannot be removed by the president that appointed them.
C) judges cannot be impeached.
D) all of these

Question 41

Earle is a state court judge in a small town in Kansas. The mayor is outraged by some of Earle's rulings. Earle does not like local politics so he has decided he would rather be a judge in a federal court. He thinks this may be difficult because Kansas only has one U. S. District Court. Earle wants to pursue his dream of being a U. S. District Court judge. Which of the following is most likely to help?

A) Ask the Kansas State Judicial Council to nominate him
B) Ask one of the U. S. Senators from Kansas to submit his name to the president
C) Run ads on TV in Washington, D.C.
D) File appropriate papers to run for a judgeship in the U. S. District Court in Kansas at the next election

Question 42

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. What would be the advantage of a direct appeal?

A) Gwen will have a constitutional right to have an attorney represent her on appeal because she has no money.
B) If the Court of Appeals rules in Gwen's favor she will have Double Jeopardy protections from being tried again.
C) Gwen will be able to present evidence that the judge ruled was inadmissible at her trial.
D) All of these are possible outcomes of filing a direct appeal.

Question 43

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. Should Gwen file a Petition for Habeas Corpus?

A) Yes, if the Petition for Habeas Corpus is granted the court will hold  hearing and Gwen will be able to present all her evidence to a new jury.
B) Yes, if she wins the Petition for Habeas Corpus her conviction will be reversed.
C) No, she does not qualify for habeas corpus because she is in prison.
D) No, habeas corpus is used to challenge illegal confinement, not to reverse a conviction.

Question 44

Frank is a judge in the Los Angeles County Superior Court. He has been a judge for 10 years and has served in both civil and criminal courts. The governor has informed Frank that he is being appointed to the California Court of Appeals. He will be in the Second District which covers Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties. Frank has some questions about his new job. How will Frank decide if a case is on direct appeal or discretionary appeal?

A) If the presiding justice assigns him to a case, the case should be treated as a direct appeal.
B) If he is allowed to vote on whether the Court of Appeals for the Second District should hear the case, it is a direct appeal.
C) Direct appeals must be filed before trial, all other cases are discretionary appeals.
D) If a statute mandates that the Court of Appeals for the Second District hear the case, it is a direct appeal.

Question 45

Frank is a judge in the Los Angeles County Superior Court. He has been a judge for 10 years and has served in both civil and criminal courts. The governor has informed Frank that he is being appointed to the California Court of Appeals. He will be in the Second District which covers Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties. Frank has some questions about his new job. Can the United States Supreme Court reverse his rulings?

A) Yes. The United States Supreme Court automatically grants a Petition for Certiorari for cases tried in state courts that raise constitutional issues.
B) Maybe. The United States Supreme Court can grant a Petition for Certiorari for any case tried in state courts if 4 justices vote to hear the case.
C) Maybe. The United States Supreme Court can grant a Petition for Certiorari for criminal cases raising constitutional issues if 4 justices vote to hear the case.
D) No. The United States Supreme Court never grants a Petition for Certiorari if the case received a complete review by the state appellate courts.

Question 46

Earle is a state court judge in a small town in Kansas. The mayor is outraged by some of Earle's rulings. Earle does not like local politics so he has decided he would rather be a judge in a federal court. He thinks this may be difficult because Kansas only has one U. S. District Court. Assuming Earle becomes a judge for the U. S. District Court for the District of Kansas, what will be the geographical jurisdiction for his court?

A) Any cases arising in the state of Kansas
B) Only cases in which the U. S. government or any of its agencies are parties
C) Only federal case based on event occurring within 150 miles of the U. S. District Courthouse in Topeka, Kansas
D) All federal crimes committed in the state of Kansas

Question 47

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. Should she file a Civil Rights Act case?

A) No, a judge in a Civil Rights Act case cannot order anyone released from prison.
B) No, Civil Rights Acts cases can only be filed after a conviction has been reversed by an appellate court.
C) Yes, if she establish that her constitutional right were violated the federal judge in the Civil Rights Act cases will mandate that her conviction be reversed.
D) Yes, if she files a Civil Rights Act case in federal court she will be released on bail pending the outcome of the Civil Rights Act case.

Question 48

Explain how the role of appellate courts handling discretionary appeals differs from their role handling direct appeals.

Question 49

Frank is a judge in the Los Angeles County Superior Court. He has been a judge for 10 years and has served in both civil and criminal courts. The governor has informed Frank that he is being appointed to the California Court of Appeals. He will be in the Second District which covers Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties. Frank has some questions about his new job. Will Frank be hearing appeals from criminal cases?

A) No, all appeals from trials in the state' trial courts go directly to the state's highest appellate court.
B) No, only the federal courts can reverse convictions from state trial courts.
C) Yes, if a defendant in a state criminal case who was not sentenced to death appeals, the state court of appeals reviews the record of what transpired at the trial court level.
D) Yes, but only for defendant convicted in state trial court who assert that there is newly discovered evidence.

Question 50

Explain how habeas corpus proceedings differ from direct appeals.

Question 51

Explain how geographical jurisdiction and the statute of limitations restrict the power of the trial court in criminal cases.

Question 52

Earle is a state court judge in a small town in Kansas. The mayor is outraged by some of Earle's rulings. Earle does not like local politics so he has decided he would rather be a judge in a federal court. He thinks this may be difficult because Kansas only has one U. S. District Court. Which of the following would violate the principle of independent judiciary?

A) Earle was voted out of office by the local population after the mayor ran a publicity campaign about Earle's most unpopular rulings.
B) Earle was impeached because he accepted a bribe.
C) Earle was removed from office by the governor at the request of the mayor.
D) Earle lost his judgeship because the court boundaries were changed to favor larger cities.

Question 53

Explain how the United States can claim it has an independent judiciary when judges are appointed by politicians.

Question 54

Frank is a judge in the Los Angeles County Superior Court. He has been a judge for 10 years and has served in both civil and criminal courts. The governor has informed Frank that he is being appointed to the California Court of Appeals. He will be in the Second District which covers Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties. Frank has some questions about his new job. Is Frank required to vote to reverse a criminal case if constitutional errors occurred at trial?

A) Yes, the defendant's constitutional rights must be protected.
B) He should vote to reverse only if he is convinced that error affected the outcome of the case.
C) He should not vote to reverse due to constitutional errors because only the federal appellate courts are allowed to consider constitutional issues.
D) He should not vote to reverse if the error occurred in a jury trial because appellate judges must respect the jury's determination of guilt.

Question 55

Explain how the constitutional system of checks and balances impacts the criminal justice system.