Deck 8: The Administration of Justice

Question 1

A court of ________ jurisdiction has the authority to hear a case when it is first brought to court.

A) original
B) general
C) special
D) appellate

Answer 1

original

Question 2

Which of the following types of jurisdiction is the court's power to hear a particular type of case?

A) subject matter
B) personal
C) special
D) appellate

Answer 2

subject matter

Question 3

In highly controversial cases, all of the judges in a circuit may sit together and hear a case in what is known as a(n)

A) bench trial.
B) grand jury.
C) en banc hearing.
D) circuit court.

Answer 3

en banc hearing.

Question 4

How much does it cost to file an appeal with the U.S. Supreme Court?

A) nothing
B) $300
C) $1,000
D) $10,000

Question 5

Approximately what percentage of the cases filed for review does the U.S. Supreme Court choose not to review?

A) 10%
B) 25%
C) 60%
D) 99%

Question 6

When the Supreme Court hears a case, it decides upon one of four different courses of action. Which of the following is NOT one of the courses of action given in your textbook?

A) modify the verdict or decision of the lower court, without totally reversing it
B) revert its powers as a court of last resort to the court of original jurisdiction
C) reverse the verdict or decision of the lower court, requiring no further court action
D) reverse the verdict or decision of the lower court and remand the case to the court of original jurisdiction for either retrial or resentencing

Question 7

Trial courts of ________ jurisdiction are sometimes referred to generally as "inferior trial courts" or simply as "lower courts."

A) special
B) general
C) personal
D) limited

Question 8

Approximately how many courts of limited jurisdiction are there in the United States?

A) 53
B) 650
C) 6,975
D) 13,500

Question 9

Approximately how many trial courts of general jurisdiction are there in the United States?

A) 50
B) 300
C) 3,000
D) 9,500

Question 10

Which of the following was the first type of "problem-solving" court?

A) drug court
B) mental health court
C) child-support court
D) domestic-violence court

Question 11

According to research, which of the following is the "key" to successful drug court programs?

A) at least two judicial status hearings per month
B) at least two urine tests per month
C) at least one clinical case management session per week
D) judges with the right personality characteristics

Question 12

Which of the following is NOT a characteristic of successful drug court programs?

A) They make participants aware of the alternative sanctions they face if they fail the program.
B) They provide participants and staff with a written schedule of sanctions for rule infractions.
C) They maintain several points of entry into the program.
D) They provide a minimum of 35 days of formal drug-abuse treatment sessions.

Question 13

Which of the following is true about active drug court participants?

A) They are more likely to relapse to drug use, and when they do relapse, they use drugs significantly more often than they did before participating in the program.
B) They are more likely to reap psychosocial benefits not related to drug use or criminal behavior, such as less family conflict and being enrolled in school.
C) They are more likely to commit self-acknowledged criminal acts.
D) They are more likely to be rearrested after completing the program.

Question 14

Drug courts have been found to be cost effective. For every $1 invested in drug courts, how much are local communities estimated to realize in net economic benefits?

A) $2
B) $4
C) $6
D) $10

Question 15

According to research, 1 in ________ prisoners in the United States has a serious mental illness.

A) 2
B) 4
C) 8
D) 15

Question 16

Which of the following is the attempt to "correct" the personality and behavior of convicted offenders through educational, vocational, or therapeutic treatment and to return them to society as law-abiding citizens?

A) general deterrence
B) punishment
C) rehabilitation
D) incapacitation

Question 17

According to your textbook, who is the most powerful actor in the administration of justice?

A) the defense attorney
B) the prosecutor
C) the judge
D) the defendant

Question 18

About what percentage of all convictions in felony cases are the result of guilty pleas?

A) 15%
B) 35%
C) 65%
D) 95%

Question 19

The ________ is a community's chief law enforcement official and is responsible primarily for the protection of society.

A) prosecutor
B) public defender
C) judge
D) sheriff

Question 20

Prosecutors are supposed to charge an offender with a crime and prosecute the case if, after full investigation, three conditions are met. Which of the following is NOT one of these three conditions?

A) A perpetrator can be identified.
B) The defense cannot provide an alibi or extenuating circumstance.
C) There is sufficient evidence to support a guilty verdict.
D) They find that a crime has been committed.

Question 21

When prosecutors elect not to prosecute, they enter a

A) writ of certiorari.
B) writ of habeas corpus.
C) trial de novo.
D) notation of nolle prosequi.

Question 22

The ________ mandate(s) that a prosecutor provide defense counsel with any exculpatory evidence in the prosecutor's possession.

A) writ of habeas corpus
B) plea bargaining process
C) rules of discovery
D) insanity defense

Question 23

The role of defense lawyers is to

A) mislead the court by providing false information.
B) decide their clients' guilt or innocence.
C) mislead the court by using perjured testimony (false testimony under oath).
D) provide the best possible legal counsel and advocacy within the legal and ethical limits of the profession.

Question 24

Approximately what percentage of all lawyers in the United States were female in 2012?

A) 15%
B) 25%
C) 33%
D) 50%

Question 25

According to a recent Gallup poll, what percentage of Americans rated the honesty and ethical standards of lawyers "high" or "very high"
In 2011?

A) 4%
B) 19%
C) 34%
D) 53%

Question 26

Nationally known "celebrity" criminal lawyers take clients only if their cases meet one of three conditions, given in your text. Which of the following is NOT one of these three conditions?

A) cases that promise to make new law
B) cases that involve the oppressed or downtrodden
C) cases that are sensational or highly publicized
D) cases that involve large fees

Question 27

Public defenders commonly spend ________ with their clients.

A) 5 to 10 minutes
B) 2 to 3 hours
C) 5 to 7 hours
D) one or two 8-hour days

Question 28

Your textbook describes six nontrial duties of judges. Which of the following is NOT one of these nontrial duties?

A) accepting guilty pleas
B) fundraising for an upcoming election
C) informing suspects of their rights
D) setting and revoking bail

Question 29

Which of the following is a judicial selection process in which the governor appoints judges from a list of qualified lawyers compiled by a nonpartisan nominating commission composed of both lawyers and other citizens?

A) merit selection
B) gubernatorial appointment
C) legislative election
D) partisan election

Question 30

Which of the following methods was used by the most states in the selection of their highest appellate court judges in 2012?

A) merit selection
B) gubernatorial appointment
C) nonpartisan election
D) partisan election

Question 31

When do suspects become defendants?

A) after arrest
B) after a charge or charges have been filed
C) after an initial appearance
D) after arraignment

Question 32

After suspects officially become defendants, they are brought before a lower-court judge for

A) an arraignment.
B) plea bargaining.
C) an initial appearance.
D) a preliminary hearing.

Question 33

The Supreme Court has ruled that anyone arrested without a warrant may be held no longer than ________ before a judge decides whether the arrest was justified.

A) 24 hours
B) 48 hours
C) 72 hours
D) 96 hours

Question 34

Which of the following is usually a monetary guarantee deposited with the court that is supposed to ensure that the suspect or defendant will appear at a later stage in the criminal justice process?

A) bail
B) parole
C) plea bargaining
D) nolle prosequi

Question 35

Holding suspects or defendants in jail without giving them an opportunity to post bail because of the threat they pose to society is called

A) a bench warrant.
B) jail without parole.
C) a capias.
D) preventive detention.

Question 36

Which of the following is simply a release secured by a suspect's written promise to appear in court?

A) conditional release
B) release on own recognizance
C) bail
D) a bench warrant

Question 37

The alternative to the grand jury, in states that do not choose to utilize them, is the filing of a(n)

A) complaint.
B) subpoena.
C) information.
D) indictment.

Question 38

When defendants plead nolo contendere, they

A) do not admit guilt and are not willing to accept punishment.
B) do not admit guilt but are willing to accept punishment.
C) admit guilt and are willing to accept punishment.
D) admit guilt but are not willing to accept punishment.

Question 39

Your textbook identifies three basic types of plea bargaining. Which of the following is NOT one of these basic types of plea bargaining?

A) Before sentencing, a defendant may plead for the mercy of the court.
B) A defendant may plead guilty to one charge in return for the prosecutor's promise to drop other charges that could be brought.
C) At the request of the prosecutor, a defendant who pleads guilty may receive a lighter sentence than would typically be given for the crime.
D) The defendant may be allowed to plead guilty to a lesser offense.

Question 40

When did plea bargaining become a common practice in state courts?

A) shortly after the Revolutionary War
B) shortly after the Civil War
C) shortly after World War I
D) shortly after World War II

Question 41

Approximately what percentage of felony cases are handled each year by plea bargaining instead of going to trial?

A) 25%
B) 50%
C) 75%
D) 95%

Question 42

How many states have "three strikes and you're out" laws on their books?

A) 4
B) 15
C) 26
D) 50

Question 43

From which of the following sources does most funding for prosecutors' offices come?

A) city governments
B) county governments
C) state governments
D) grant funds

Question 44

Which of the following determines the number of chief prosecutors and whether they are elected or appointed?

A) city ordinance
B) county charter
C) state law
D) federal law

Question 45

In 2007, what was the average felony case conviction rate for prosecutors' offices in the United States?

A) 25%
B) 50%
C) 75%
D) 90%

Question 46

Which of the following governments provides the bulk of the funding for indigent defense systems?

A) city governments
B) county governments
C) state governments
D) the federal government

Question 47

In 2005, all chief prosecutors were elected, except for those in Alaska, Connecticut, the District of Columbia, and which other state?

A) Maine
B) Delaware
C) California
D) New Jersey

Question 48

Which of the following has been referred to as "the conceptual heart of judicial administration in the new millennium"?

A) caseflow management
B) plea bargaining
C) the popular election of judges
D) the merit selection of judges

Question 49

Which of the following is true about juror pay at the beginning of 2012?

A) All jurors are paid the same amount.
B) Juror pay varies from state to state.
C) Jurors receive no pay.
D) All juror pay depends on the length of the trial.

Question 50

What is the result if, after serious deliberation, even one juror cannot agree with the others on a verdict?

A) a hung jury
B) dismissal of the juror that cannot agree
C) conviction
D) exoneration

Question 51

Which of the following is a possible outcome in state court criminal trials that end in hung juries?

A) dismissal
B) guilty plea
C) another jury trial
D) All these answers are correct.

Question 52

Which of the following countries does NOT employ an adversarial trial system?

A) Canada
B) Mexico
C) India
D) Australia

Question 53

Which of the following is NOT a role of the judge in an inquisitorial trial system?

A) the judge who conducts the trial and determines guilt or innocence
B) the prosecutor who charges the defendant, presents evidence, and examines witnesses
C) the defense attorney who provides legal counsel and advocacy
D) the police who investigate the crime and collect evidence

Question 54

Federal district courts have personal jurisdiction in cases if certain parties or people are involved.

Question 55

The circuit courts are so named because early in the nation's history, federal judges traveled by horseback to each of the courts in a specified region, or "circuit," in a particular sequence.

Question 56

The U.S. Supreme Court is the court of last resort in all questions of federal and state law.

Question 57

An appeal from a lower court requires a trial de novo, in which a trial court of general jurisdiction must rehear the entire case.

Question 58

The right to counsel extends only to representation at trial.

Question 59

Most criminal lawyers are wealthy.

Question 60

A majority of judges were in private legal practice before becoming judges.

Question 61

Most judges learn the intricacies of their profession through professional development training.

Question 62

If a suspect or defendant has strong ties to the community-for example, a house, a family, or a job-then the amount of bail will be relatively low.

Question 63

One way that suspects or defendants are released is by meeting the financial requirement of bail through an unsecured bond.

Question 64

There is neither a constitutional nor a statutory basis for plea bargaining.

Question 65

Plea bargaining became a standard practice in federal courts before it became a standard practice in state courts.

Question 66

The U.S. Supreme Court allows juries with a minimum of 5 members and a maximum of 12 members.

Question 67

The adversarial trial system is the most widely used type of trial system.

Question 68

An adversarial trial system aims to determine the truth about a crime through an open competition between the prosecution and the defense, while an inquisitorial trial system searches for the truth about a crime by an extensive investigation and examination of all evidence.

Question 69

In an adversarial trial system, trial judges have a relatively passive role and act as referees, making sure that the defense and prosecution follow the rules and that due process is respected, while in an inquisitorial trial system, trial judges have an active and overarching role, typically directing and supervising the police's pretrial collection and preparation of evidence, sometimes conducting investigations themselves, interrogating witnesses, presenting evidence at trial, and ensuring an outcome based on the merits of the case.

Question 70

In inquisitorial trial systems, there is little disclosure of defense's case prior to trial; in adversarial trial systems, there is full disclosure of both prosecution and defense cases prior to trial.

Question 71

During the trial, judges in inquisitorial trial systems have the responsibility of examining defendants and witnesses, while prosecutors and defense attorneys are limited to asking supplementary questions and nominating additional witnesses.

Question 72

In the adversarial trial system, judges determine the witnesses, including expert witnesses, that will testify, which eliminates "witness coaching" and notorious "battles of the experts" that occur in inquisitorial trial systems.

Question 73

Little emphasis is placed on cross-examination in inquisitorial trial systems because during cross-examination in adversarial trial systems, clever attorneys oftentimes make honest witnesses contradict themselves and, therefore, unfairly discredit their testimony.

Question 74

In inquisitorial trial systems, no inference of guilt can legitimately be made from a defendant's refusal to testify, unlike in adversarial trial systems where guilt can legitimately be inferred by a defendant's silence.

Question 75

Proceedings in adversarial trial systems are less formal and confrontational than in inquisitorial trial systems.

Question 76

One reason attorneys play such a minor role in inquisitorial trials is the recognition that there is frequently great disparity in the skills and resources of opposing attorneys, and that disparity unfairly affects outcomes.

Question 77

In adversarial trial systems, judges make use of precedents and stare decisis in deciding cases. In inquisitorial trial systems, judges exercise more discretion and seldom rely on previous cases in pronouncing judgment. They attempt to apply the law to the current situation.

Question 78

Inquisitorial trial systems seem more interested in legal guilt, while adversarial trial systems appear more interested in factual guilt.

Question 79

Inquisitorial trials do not employ juries as understood in the adversarial process. Instead, in inquisitorial trial systems, a combination of lay and professional judges decides serious cases; professional judges, alone, decide less serious cases.

Question 80

The decision-making process in the adversarial system generally is shrouded in secrecy, while the decision-making process in the inquisitorial system is more transparent-written records explaining findings of fact and law accompany verdicts.