Deck 4: The Court System
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Deck 4: The Court System
1
Jurisdiction in the court system refers to a specific geographic area.
False
2
The New Jersey Plan included all but which of the following?
A) The establishment of one federal court
B) Sole jurisdiction of federal matters in federal courts
C) States to maintain some control over federal court matters
A) The establishment of one federal court
B) Sole jurisdiction of federal matters in federal courts
C) States to maintain some control over federal court matters
B
3
The Virginia Plan included all of the following except
A) a broad and more centralized federal court system.
B) a Supreme Court and various lower federal court.
C) state involvement in federal court matters.
D) a federal judiciary system.
A) a broad and more centralized federal court system.
B) a Supreme Court and various lower federal court.
C) state involvement in federal court matters.
D) a federal judiciary system.
C
4
___________ means that cases do not originate there and these courts only hear cases that are brought up on appeal, after a lower court has decided an outcome.
A) Circuit court jurisdiction
B) Appellate jurisdiction
C) Federal jurisdiction
D) Original jurisdiction
A) Circuit court jurisdiction
B) Appellate jurisdiction
C) Federal jurisdiction
D) Original jurisdiction
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5
Which of the following is NOT true of Trial Courts of Limited Jurisdiction?
A) They handle the bulk of cases in the court system.
B) They primarily handle misdemeanors and traffic offenses.
C) They are the felony trial courts.
D) They comprise the vast majority of courts in the United States.
A) They handle the bulk of cases in the court system.
B) They primarily handle misdemeanors and traffic offenses.
C) They are the felony trial courts.
D) They comprise the vast majority of courts in the United States.
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6
In what level courts do judges conduct bail hearings, assign counsel, accept guilty pleas, conduct misdemeanor trials, sentence defendants, conduct preliminary hearings, issue warrants, and rule on the admissibility of evidence?
A) Appeals courts
B) Lower level courts
C) Trial courts
D) Administrative courts
A) Appeals courts
B) Lower level courts
C) Trial courts
D) Administrative courts
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7
The method for selecting judges that a group of lawyers and citizens making recommendations to the governor, the governor appointing the judge, and an eventual "retention election" is called
A) gubernatorial selection.
B) merit selection.
C) electoral selection.
D) legislative appointment.
A) gubernatorial selection.
B) merit selection.
C) electoral selection.
D) legislative appointment.
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8
It has been argued that prosecutors exercise more discretion than judges.
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9
The __________ system is usually a state- or county-administered organization that specializes in defending the poor.
A) public defender
B) appointed attorney
C) pro bono
D) private attorney
A) public defender
B) appointed attorney
C) pro bono
D) private attorney
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10
In _________________, the Court ruled that poor defendants charged with felonies have the right to court-appointed counsel.
A) Mapp v. Ohio
B) Terry v. Ohio
C) Miranda v. Arizona
D) Gideon v. Wainwright
A) Mapp v. Ohio
B) Terry v. Ohio
C) Miranda v. Arizona
D) Gideon v. Wainwright
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11
At what stage are defendants informed of the charges against them, a bail decision is made, representation by a defense attorney is arranged (if applicable), and a date is set for the next stage in the case?
A) Arraignment
B) Initial appearance
C) Opening arguments
D) Appeals
A) Arraignment
B) Initial appearance
C) Opening arguments
D) Appeals
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12
A(n) ________________ occurs when a lower-court judge (not the judge at initial appearance) views the evidence against the defendant to determine if there is enough probable cause to proceed to trial.
A) initial appearance
B) arraignment
C) preliminary hearing
D) bail setting
A) initial appearance
B) arraignment
C) preliminary hearing
D) bail setting
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13
It is during arraignment that the defendant is required to enter a plea to the formal charges against him or her.
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14
The term __________________ refers to the movement of large caseloads through the court spending little time on cases so that each case is handled in a quick and efficient manner in order to move on to the next.
A) expediency
B) assembly-line justice
C) exigent processing
D) production line justice
A) expediency
B) assembly-line justice
C) exigent processing
D) production line justice
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15
The questioning of the jury pool is called
A) peremptory challenges.
B) voir dire.
C) removal for cause.
D) venire.
A) peremptory challenges.
B) voir dire.
C) removal for cause.
D) venire.
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16
Under a __________________ lawyers may dismiss a limited number of jurors based on reasons that do not need to be specified to the court.
A) removal for cause
B) voir dire
C) peremptory challenge
D) challenge for cause
A) removal for cause
B) voir dire
C) peremptory challenge
D) challenge for cause
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17
The type of evidence that implies or infers guilt on the part of the defendant is called
A) direct evidence.
B) presumptive evidence.
C) eyewitness evidence.
D) circumstantial evidence.
A) direct evidence.
B) presumptive evidence.
C) eyewitness evidence.
D) circumstantial evidence.
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18
Determinate sentencing has been the primary method of sentencing utilized in the states over the past 100 years.
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19
In ______________________ judges sentence a defendant to a minimum and maximum range of time.
A) fixed sentencing
B) indeterminate sentencing
C) determinate sentencing
D) discretionary sentencing
A) fixed sentencing
B) indeterminate sentencing
C) determinate sentencing
D) discretionary sentencing
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20
Habitual offender statutes impose a substantial prison sentence for multiple misdemeanor convictions.
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21
Intermediate sanctions include all but which of the following?
A) Intensive supervision probation
B) Probation
C) Electronic monitoring
D) Boot camps
A) Intensive supervision probation
B) Probation
C) Electronic monitoring
D) Boot camps
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22
Prosecutors and defense counsel can appeal the findings of guilt or innocence from the trial stage.
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23
Restorative justice provides all but which of the following?
A) Allows offenders to understand the harms they have caused
B) Victims are able to provide input and participate in the process.
C) Victim restitution
D) Appellate review
A) Allows offenders to understand the harms they have caused
B) Victims are able to provide input and participate in the process.
C) Victim restitution
D) Appellate review
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24
The U.S. Supreme Court has ruled that denying bail for purposes of preventive detention is unconstitutional.
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25
Federal judges are elected to their positions by voters.
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26
Caseloads in state courts outnumber caseloads in federal courts.
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27
Which of the following is NOT considered a specialized court?
A) Drug Courts
B) Veterans' Courts
C) Mental Health Courts
D) Civil Court
A) Drug Courts
B) Veterans' Courts
C) Mental Health Courts
D) Civil Court
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28
The vast majority of convictions in the court system are achieved through plea agreements.
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29
Which of the following is true about state courts of appeal?
A) Not all states utilize courts of appeal.
B) They hold trials when trial courts are overcrowded.
C) They are the only appellate courts in some states.
D) They are also called "justice of the peace" courts.
A) Not all states utilize courts of appeal.
B) They hold trials when trial courts are overcrowded.
C) They are the only appellate courts in some states.
D) They are also called "justice of the peace" courts.
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30
The crime control model of justice focuses on providing due process to offenders.
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31
What was the purpose of the Judiciary Act of 1789?
A) It appointed the president.
B) It created the lower federal courts.
C) It established judicial review.
D) It created the U.S. Supreme Court.
A) It appointed the president.
B) It created the lower federal courts.
C) It established judicial review.
D) It created the U.S. Supreme Court.
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32
The U.S. Supreme Court must hear all cases that come before it.
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33
What is the term for when all judges in an appellate circuit sit to hear a case?
A) Judicial review
B) Appellate proceeding
C) En banc
D) Discretion
A) Judicial review
B) Appellate proceeding
C) En banc
D) Discretion
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34
Who is considered the most visible actor in the courtroom?
A) Judge
B) Prosecutor
C) Defense attorney
D) Court reporter
A) Judge
B) Prosecutor
C) Defense attorney
D) Court reporter
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35
What is the term for the highest level prosecutor in the federal court system?
A) District attorney
B) Circuit prosecutor
C) Attorney general
D) Chief prosecutor
A) District attorney
B) Circuit prosecutor
C) Attorney general
D) Chief prosecutor
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36
What is the term for the choice of a defendant to defend himself in court?
A) Pro bono
B) Pro se
C) Quid pro quo
D) Quo vadis
A) Pro bono
B) Pro se
C) Quid pro quo
D) Quo vadis
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37
At trial, the prosecutor has the burden of proving a defendant guilty with clear and convincing evidence.
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38
If a hung jury is declared, a defendant may be prosecuted again for the same charge.
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39
A "collateral attack" is a term that refers to
A) the elements of a crime.
B) how jurors must deliberate.
C) how victims must testify at trial.
D) civil lawsuits filed after an appeal by the defendant.
A) the elements of a crime.
B) how jurors must deliberate.
C) how victims must testify at trial.
D) civil lawsuits filed after an appeal by the defendant.
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40
Explain the difference between Trial Courts of General Jurisdiction and Trial Courts of Limited Jurisdiction.
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41
List the various functions performed by the prosecutor.
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42
List and define different methods of judicial appointment.
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43
List and briefly describe the initial stages of court processing.
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44
Provide a brief outline of the steps in the actual trial.
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45
Explain the use and value of sentencing guidelines.
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46
What is the FISA Court?
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