Deck 7: Courts and the Quest for Justice

Question 1

Which of the following is true of appellate courts?

A) They have judges who present written explanations for their decisions.
B) They are concerned with questions of fact instead of questions of law.
C) They use juries and witnesses to issue verdicts.
D) They determine a defendant's guilt or innocence.

Answer 1

A

Question 2

The legitimacy of a court's decision to bring the authority of state to seize property and to restrict individual liberty is based on impartiality and _____.

A) anonymity
B) partiality
C) independence
D) recidivism

Answer 2

C

Question 3

_____ are courts in which most cases begin.

A) Appellate courts
B) Trial courts
C) Probate courts
D) Supreme judicial courts

Answer 3

B

Question 4

State trial courts that have general jurisdiction may be called _____.

A) magistrate courts
B) problem-solving courts
C) circuit courts
D) municipal courts

Question 5

In the context of courts, unlike crime control values, due process values:

A) focus on protecting the rights of an individual.
B) stress the repression of criminal conduct.
C) authorize law enforcement officers to apprehend offenders.
D) emphasize the right of society to be protected from crime.

Question 6

_____ are primarily concerned with questions of fact.

A) Federal courts
B) Appellate courts
C) Trial courts
D) Probate courts

Question 7

A court's legitimacy to bring the authority of the state to seize property and to restrict individual liberty is based on independence and _____.

A) infallibility
B) impartiality
C) redemption
D) anonymity

Question 8

Which of the following is a limitation of the American judicial system?

A) It has no provision for rehabilitation.
B) It is complex in nature.
C) It has a single judicial system.
D) It lacks discretion.

Question 9

A _____ is a public civil officer or official with limited judicial authority within a particular geographic area, such as the authority to issue an arrest warrant.

A) district attorney
B) coroner
C) public defender
D) magistrate

Question 10

In the context of due process values in the American criminal justice system, which of the following is an equalizer in the contest between the state and the individual?

A) Protection from perjury
B) Protection from false testimony
C) Protection from self-incrimination
D) Protection from search and seizure

Question 11

_____ refers to the authority of a court to hear and decide cases within an area of the law or a geographic territory.

A) Incarceration
B) Discretion
C) Jurisdiction
D) Extradition

Question 12

Which of the following is an example of a problem-solving court?

A) A circuit court
B) A county court
C) A magistrate court
D) A juvenile court

Question 13

_____ occurs when two or more court systems have the authority to preside over the same criminal case.

A) Concurrent jurisdiction
B) Diversity jurisdiction
C) Appellate jurisdiction
D) Exclusive jurisdiction

Question 14

County courts of general jurisdiction are:

A) headed by magistrates.
B) known as problem-solving courts.
C) the setting for criminal trials.
D) sometimes called surrogate courts.

Question 15

Which of the following is a similarity between federal and state courts?

A) Both elect their judges.
B) Both have limited jurisdiction.
C) Both can appeal the other's verdicts.
D) Both appoint their judges through partisan elections.

Question 16

_____ are courts that review decisions made by lower courts, such as trial courts.

A) Surrogate courts
B) Appellate courts
C) District courts
D) Specialty courts

Question 17

Which of the following statements is true of the crime control function of the nation's courts?

A) It emphasizes that criminals must suffer for the harm they have done to society.
B) It advocates giving criminals a second chance to atone for their misdemeanors.
C) It allows courts to guarantee the right to a jury trial and the right to assistance of counsel to an accused.
D) It aims to curb the unfair advantages that the government enjoys in legal battles.

Question 18

According to the _____ of the American criminal justice system, criminals are analogous to patients.

A) due process model
B) medical model
C) crime control model
D) power model

Question 19

Federal criminal charges often take precedence over state criminal charges because state court systems:

A) do not have powers of judicial review.
B) rarely have original jurisdiction.
C) do not abide by concurrent jurisdiction.
D) have less resources.

Question 20

According to the medical model of the American criminal justice system, _____.

A) the rehabilitation of criminals is costlier than their incarceration
B) criminals must be punished according to the formal rules of the justice system
C) criminals are evil, not sick
D) the treatment of criminals varies from case to case

Question 21

The United States Supreme Court can overrule a decision made by a state's highest appellate court only when an issue of _____ is involved.

A) domestic abuse
B) capital crime
C) constitutional procedure
D) embezzlement

Question 22

Unhappy with the decision passed by a lower court in a civil rights violation case, Anastasia files her case with the United States Supreme Court, hoping that the Court will take it up for review. In this case, the Supreme Court can accept Anastasia's appeal by issuing a _____ to the lower court handling her case.

A) writ of mandamus
B) writ of certiorari
C) writ of mens rea
D) writ of habeas corpus

Question 23

One of the ways by which the United States Supreme Court makes criminal justice policy is through _____.

A) judicial review
B) judicial waivers
C) arraignments
D) partisan elections

Question 24

Identify a true statement about the U.S. district courts.

A) They are on the highest tier of the federal court system.
B) The final hearing of cases involving federal laws takes place in the U.S. district courts.
C) At the present time, there are less than fifty judicial districts in the United States.
D) The number of judicial districts varies over time, primarily owing to population changes and corresponding caseloads.

Question 25

Which of the following statements is true of a state court of appeals?

A) It is called the supreme court in Maryland.
B) It is also known as a court of common plea.
C) It is usually headed by a magistrate.
D) It takes the final decision on all questions of state law.

Question 26

In the federal court system, there are _____ U.S. courts of appeals.

A) thirteen
B) fifteen
C) eleven
D) nine

Question 27

The goal of the Missouri Plan is to:

A) eliminate partisan politics from the selection procedure of judges.
B) make judicial candidates declare allegiance to a political party.
C) set a procedure for expedited justice in the Supreme Court.
D) advocate the importance of racial diversification in courts.

Question 28

Which of the following is true of the federal trial courts?

A) They are on the highest tier of the federal court system.
B) They include the Court of International Trade.
C) They are also known as the U.S. courts of appeals.
D) They do not include trial courts of limited jurisdiction.

Question 29

Granger is an old member of the courtroom work group in the Illinois Appellate Court. He holds respect amongst the rest of the court staff for the unfailing diligence he shows at work. In all the years of his service, Granger has never misplaced or mishandled any of the paperwork, photographs, or evidence generated during the trial. He also efficiently issues subpoenas for jury duty and coordinates the jury selection process. In this scenario, Granger is _____ of the court.

A) a bencher
B) the bailiff
C) the clerk
D) a coroner

Question 30

Ophelia, the anchor of a political talk show, has been hosting a miniseries about the corruption in the upper echelons of Congress. In response to these allegations, Congress passes a law against free speech and gets Ophelia arrested. However, the Supreme Court rules against the state saying that the law violates the First Amendment rights. In this scenario, which of the following processes has the Supreme Court used to overrule the law passed by Congress?

A) Judicial restraint
B) Judicial review
C) Voir dire
D) Habeas corpus

Question 31

In the context of the American criminal justice system, which of the following is true of diversity on the bench?

A) Blacks have a fair degree of representation in the state appellate courts.
B) Members of minority groups are overrepresented in the federal judiciary.
C) More than half of all state appellate judges are white males.
D) Women are notably present in the highest courts of most states.

Question 32

Which of the following is a true statement about selection of judges in different states?

A) Judges are elected based on a subjective definition of merit in Kentucky.
B) Judges are required to affiliate themselves with political parties in Missouri.
C) Judges are chosen by nonpartisan elections in Alabama.
D) Judges are appointed by the governor in New Jersey.

Question 33

In Supreme Court decisions, plurality opinions are problematic because they:

A) lead to many dissenting opinions among jurors in the courthouse.
B) do not provide a strong precedent for lower courts to follow.
C) do not allow writs of certiorari to be issued.
D) base their decisions solely on oral arguments.

Question 34

_____ are on the lowest tier of the federal court system.

A) Appellate courts
B) U.S. circuit courts of appeals
C) U.S. district courts
D) Magistrate courts

Question 35

_____ refers to the power of a court-particularly the United States Supreme Court-to reevaluate the actions of the executive and legislative branches and, if necessary, declare those actions unconstitutional.

A) The blue curtain
B) Judicial review
C) The rule of four
D) Judicial restraint

Question 36

A _____ is the list of cases entered on a court's calendar and thus scheduled to be heard by the court.

A) parole
B) docket
C) writ
D) subpoena

Question 37

The _____ has national appellate jurisdiction over certain cases in which the U.S. government is a defendant.

A) federal trial court
B) probate court
C) Federal Circuit
D) Supreme Court

Question 38

During criminal proceedings, James brings in the accused to stand before the judge. He also oversees the maintenance of discipline in the courtroom. Based on this description, James is a _____.

A) magistrate
B) sheriff
C) bailiff
D) coroner

Question 39

Which of the following statements is true of the federal courts of appeals?

A) The federal courts of appeals are on the lowest tier of the federal court system and are referred to as trial courts of general jurisdiction.
B) The federal courts of appeals for twelve of the circuits hear appeals from the district courts located within their respective judicial circuits.
C) The decisions of the circuit courts of appeals are not final unless a further appeal is pursued and granted.
D) The Court of Appeals for the Federal Circuit has national appellate jurisdiction over cases in which the U.S. government is a plaintiff.

Question 40

Which of the following is true of the rule of four?

A) According to this rule, four state trial courts need to pass concurrent jurisdiction on a capital case simultaneously.
B) According to this rule, the Supreme Court does not issue the writ of certiorari unless at least four justices approve of it.
C) It applies only to the state appellate courts.
D) It determines the issuance of the writ of mandamus .

Question 41

Which of the following is true of a defendant's eligibility for a public defender?

A) A defendant who is refused counsel in one area is not entitled to it in another area for the same crime.
B) The Supreme Court offers no guidance on just how poor the defendant needs to be to qualify for a public defender.
C) In New York State, any defendant who owns a car or a house is not eligible for a public defender.
D) A defendant can get a public defender only if he or she exhibits sufficient moral and mental stability.

Question 42

Writs are written statements by appellate judges expressing the reasons for a court's decision in a case.

Question 43

Jeremiah is a public defender and is asked to defend a murder suspect in a hit-and-run case. The suspect confesses to Jeremiah that he was driving under the influence of alcohol when he accidently ran over the victim. Jeremiah is unable to tell the presiding judge about the confession because of _____.

A) the writ of certiorari
B) joint-defense privilege
C) attorney-client privilege
D) the writ of habeas corpus

Question 44

_____ are programs in which a particular law firm or group of defense lawyers is hired to regularly assume the representative and administrative tasks of indigent defense.

A) Paralegal certificate programs
B) Contracting attorney programs
C) Assigned counsel programs
D) Public defender programs

Question 45

Which of the following is true of the right to counsel?

A) It can be used during custodial interrogation and lineup identification procedures.
B) It is limited only to actual criminal trial under the Sixth Amendment.
C) It allows a defendant to seek a public prosecutor to represent him or her in the court.
D) It is strongly endorsed by the crime control function of the courts.

Question 46

Alana is a public defender. She is representing Maria who is on trial for the murder of her father. When Alana visits Maria in jail, Maria confesses to hiring a hitman to kill her father so that she could inherit his fortune. Alana is unable to tell the presiding judge about Maria's confession because of _____.

A) joint-defense privilege
B) habeas corpus
C) attorney-client privilege
D) res gestae

Question 47

Recidivism is the formal process by which one legal authority, such as a state or a nation, transfers a fugitive or a suspect to another legal authority that has a valid claim on that person.

Question 48

During the pretrial process, prosecutors hold a great deal of discretion in deciding:

A) the level of charges to be brought against the suspect.
B) whether to file a writ of habeas corpus.
C) the number of peremptory challenges to give the defense.
D) whether to deny a petition for a writ of certiorari .

Question 49

_____ are individuals, acting as trial lawyers, who initiate and conduct cases in the government's name and on behalf of the people.

A) Defense attorneys
B) Public prosecutors
C) Bailiffs
D) Coroners

Question 50

As a result of America's system of federalism, the governments of the fifty states have a united court system.

Question 51

A(n) _____ judge allows more leeway to members of the courtroom work group than a judge who follows procedure.

A) partisan
B) autocratic
C) laissez-faire
D) tight ship

Question 52

Unlike justice courts in rural areas, magistrate courts have general jurisdiction.

Question 53

Which of the following is a responsibility of a defense attorney?

A) To submit defense motions to suppress evidence
B) To represent the jury during a trial
C) To defend only those clients who are innocent
D) To negotiate plea bargains only for case decisions of capital punishment

Question 54

A state trial court of general jurisdiction in Ohio is called the court of common pleas.

Question 55

Advocates of due process values of the criminal justice system distinguish between the court's obligation to be fair to the accused and its obligation to be fair to society.

Question 56

Which of the following is a type of defense attorney?

A) A bailiff
B) A public defender
C) A chief prosecutor
D) An attorney general

Question 57

Leon, a witness to a murder, is in a closed room with a defense attorney. Before the trial begins, the defense attorney asks him questions about his story to ensure that the testimony has no flaws. In the scenario, Leon is going through a(n) _____.

A) deposition
B) arraignment
C) entrapment
D) hearing

Question 58

Magistrate courts are lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence.

Question 59

In the crime control function of the American criminal justice system, the courts perform the role of physicians who dispense "treatment" to criminals.

Question 60

Which of the following is true of chief prosecutors?

A) They typically serve four-year terms.
B) They have absolute autonomy.
C) They are always appointed by the president.
D) They avoid following the Brady rule.

Question 61

In a courtroom, like a juror, the judge learns the facts of a case as they are presented by attorneys.

Question 62

The Court of Appeals for the Thirteenth Circuit has national appellate jurisdiction over certain types of cases in which the U.S. government is a plaintiff.

Question 63

The rule of four holds that prosecutors are not permitted to keep evidence from the defendant and her or his attorneys that may be useful in showing innocence.

Question 64

Explain the workings of the office of the prosecution.

Question 65

The denial of a writ of certiorari has no value as a precedent.

Question 66

Discuss attorney-client privilege and its exception.

Question 67

The United States Supreme Court can overrule a decision made by the state's highest court when issues of federal law are involved.

Question 68

Discuss the due process function and the rehabilitation function of the courts.

Question 69

Subject-matter jurisdiction refers to the power of the Court to determine whether a law or action by the other branches of the government is constitutional.

Question 70

Distinguish between trial courts and appellate courts.

Question 71

One of the responsibilities of the bailiff of the court is to go through any motions or pleas that need to be acted on by the judge.

Question 72

A responsibility of an attorney general is to determine whether to appeal a guilty verdict.

Question 73

Briefly describe state courts of appeals.