Deck 16: Appellate and Habeas Corpus Review

Question 1

The written legal arguments filed with the appellate court are called

A)notices.
B)action documents.
C)briefs.
D)contentions.

Answer 1

C

Question 2

During trials, attorneys must make timely objections to judge's rulings on points of law, or the objection will be deemed waived. What is the name of the rule?

A)the contemporaneous objection rule
B)the on-the-record objection rule
C)the relinquished objection rule
D)the concurrent objection rule

Answer 2

A

Question 3

A legal error by a lower court that does not require reversal is called a(n)

A)harmless error
B)moot error
C)frivolous error
D)undisrupted error

Answer 3

A

Question 4

Criminal defendants are guaranteed the right to have an appellate court directly examine their convictions for all types of alleged errors as long as they do what?

A)file a writ of habeas corpus
B)file a notice of appeal within the specified time limits
C)request a hearing with the judge
D)file a request for de novo review

Question 5

What U.S.Supreme Court era is known for being a benchmark in civil liberties and civil rights?

A)The Warren Court
B)The Rehnquist Court
C)The Burger Court
D)The Roberts Court

Question 6

What is the last of the six customary phases in the appeals process?

A)filing a notice of appeal.
B)briefing the cases.
C)designating the record on appeal.
D)writing the opinion.

Question 7

A court that must hear an appeal has what kind of appellate jurisdiction of that appeal?

A)compulsory
B)contingent
C)mandatory
D)presumptive

Question 8

A court that has a choice as to whether or not to hear the appeal is said to have what kind of appellate jurisdiction?

A)discretionary
B)optional
C)prescient
D)elective

Question 9

What is an amicus curiae brief?

A)a friend of the court brief
B)an appellate brief
C)a request for the U.S.Supreme Court to hear an appeal
D)a request for a state high court to hear an appeal

Question 10

What Act, passed in 1996, greatly restricted access to habeas corpus actions?

A)the Innocence Protection Act
B)the Prosecutorial Misconduct Act
C)the Antiterrorism and Effect Death Penalty Act
D)the Judicial Act

Question 11

What is the name of the situation where a case is heard by all the judges on the appellate court?

A)de facto
B)corpus delicti
C)mandamus
D)en banc

Question 12

High courts of last resort help to set justice policy through their exercise of their

A)discretionary appellate jurisdiction.
B)mandatory appellate jurisdiction.
C)concurrent appellate jurisdiction.
D)recurrent appellate jurisdiction.

Question 13

What is the appellate standard for questions of law?

A)clear error
B)harmless error
C)deference
D)de novo

Question 14

The Fifth Amendment to the U.S.Constitution prevents the prosecution from seeking to have a "not guilty" verdict overturned on appeal?

A)the Fifth Amendment
B)the Fourth Amendment
C)the Eighth Amendment
D)the Sixth Amendment

Question 15

Questions of law are reviewed

A)de novo
B)for reasonableness
C)for clear error
D)for abuse of discretion

Question 16

The party who lost in the lower court and files the first appeal is called the

A)respondent.
B)appellee.
C)appellant.
D)complainant.

Question 17

The error-correction function of appellate review protects against arbitrary, capricious, or mistaken legal decisions by a

A)trial court judge.
B)trial court prosecutor.
C)trial court defense attorney.
D)trial court work group.

Question 18

A legal error that requires the lower court's ruling to be overturned is called a(n)

A)fatal error
B)reversible error
C)primary error
D)consequential error

Question 19

Which of the following is a primary purpose of the appellate process?

A)error correction
B)enforcing court orders
C)enforcing judgments
D)controlling discretion

Question 20

Most intermediate courts decide most cases in rotating panels of how many judges?

A)3
B)5
C)7
D)9

Question 21

Defects seriously affecting substantial rights that are so prejudicial to a jury's deliberations "as to undermine the fundamental fairness of the trial and bring about a miscarriage of justice" are called

A)consequential error
B)plain error
C)critical error
D)primary error

Question 22

Discretionary decisions made by a judge will receive what kind of deference in the appellate review process?

A)none.
B)moderate.
C)high.
D)very high.

Question 23

What is it called when an appellate court upholds a lower court's decision?

A)affirmed
B)reversed
C)remanded
D)recused

Question 24

How do postconviction remedies differ from appeals?

A)They may be filed only by those actually in custody.
B)Post-conviction petitions may bring up issues not raised during trial.
C)Many state courts allow unlimited post-conviction remedies.
D)All of these answers are correct.

Question 25

A basic principle of U.S.law is that the losing party has the right to

A)one appeal
B)no appeal
C)two appeals
D)as many appeals as necessary

Question 26

In a U.S.Supreme Court decision, the opinion which agrees with the majority result but not with the reasoning of the majority is called what?

A)a concurring opinion
B)a dissenting opinion
C)a plurality opinion
D)a per curium opinion

Question 27

Why are most criminal cases affirmed on appeal?

A)The harmless error rule
B)The harmless error rule and standards of review applied by appellate courts
C)standards of review applied by appellate courts
D)none of these answers is correct

Question 28

The leading cause of wrongful convictions is

A)overzealous police and prosecutors who develop "tunnel vision".
B)inadequate representation by incompetent or overworked attorneys.
C)subjective forensic analysis (e.g., fingerprints) that are taken to be scientific and unerring.
D)mistaken eyewitness identification.

Question 29

The two primary functions of appeals include error correction and

A)policy formulation
B)sentence restructuring
C)legal maneuvering
D)correctional management

Question 30

The practice of state courts using state constitutions to reinvigorate rights and make policy is called the new judicial

A)federalism.
B)activism.
C)directive.
D)pronouncement.

Question 31

In less-populous states, which do not have intermediate appellate bodies, the initial appeal is filed with the

A)court of last resort
B)judge advocate general
C)U.S.Supreme Court
D)prosecutor

Question 32

Which of the following is true of many state court systems regarding postconviction remedies?

A)they are unlimited
B)the are strictly limited
C)prisoners can only file them pro se
D)attorneys for filing are provided

Question 33

The majority of appeals involve what type of cases?

A)civil cases
B)juvenile cases
C)criminal cases
D)environmental cases

Question 34

During trial, attorneys must make timely objections to the judge's rulings on points of law, or the objection will be deemed waived.This is called the

A)the contemporaneous objection rule
B)the off-the-record objection rule
C)the contemporary objection rule
D)the on-the-record objection rule

Question 35

What is the most common type of postconviction relief?

A)habeas corpus
B)en banc
C)amicus curiae
D)certiorari

Question 36

What happens during oral arguments?

A)face-to-face contact between appellate judges and lawyers
B)face-to-face contact between appellate judges and defendants
C)face-to-face contact between appellate judges and prosecutors
D)face-to-face contact between appellate judges and witnesses

Question 37

The least deferential standard of appellate review in criminal cases is

A)de novo
B)reasonableness
C)clear error
D)abuse of discretion

Question 38

Severe defects in trial proceedings that require reversal of a conviction and remand for a new trial in order to avoid a miscarriage of justice are called

A)plain error
B)harmless error
C)reversible error
D)none of these answers is correct

Question 39

The most common type of post-conviction relief is

A)habeas corpus.
B)mandamus.
C)de novo.
D)emeritus.

Question 40

Questions of fact decided by a judge will receive what standard of appellate review?

A)de novo
B)reasonableness
C)clear error
D)abuse of discretion

Question 41

When a jury imposes a sentence of death, the case must be appealed regardless of the defendant's wishes.

Question 42

Collateral attacks on criminal convictions are civil proceedings.

Question 43

Defendants convicted of violent offenses and sentenced to lengthy prison terms are less likely to win on appeal than those convicted of less serious offenses.

Question 44

The losing party in the lower court has an unlimited amount of time to file an appeal.

Question 45

Why do appellate courts often find no reversible error was committed during the trial court proceedings?

A)in large part because of the harmless error doctrine.
B)in large part because of the plain error doctrine.
C)in large part because of the reversible error doctrine.
D)in large part because of the deferential error doctrine.

Question 46

Once a "not guilty" verdict is returned, the prosecutor cannot appeal the acquittal, even if the original trial was littered with serious mistakes.

Question 47

Once a notice of appeal is filed, the next step in the process is for the appellate court to hear oral arguments in the case.

Question 48

Given the information provided, which of the following statements is true?

A)The rules of appeals are designed not to disturb the results of a criminal trial unless a serious, reversible error has occurred.
B)The rules of appeals are designed not to disturb the results of a criminal trial unless any error has occurred.
C)The rules of appeals are designed not to disturb the results of a criminal trial unless no error has occurred.
D)The rules of appeals are designed to disturb the results of a criminal trial.

Question 49

Appeals courts hear evidence at trials.

Question 50

Appeals are started when the prosecutor files a notice of appeal.

Question 51

The bulk of trial court filing are never appealed because the case is settled without a trial.

Question 52

Postconviction reviews collaterally attack convictions in civil court.

Question 53

All of the following are known to contribute to false confession, except…

A)duress
B)intoxication
C)coercion
D)gender

Question 54

The jurisdiction of the U.S.Supreme court is almost completely discretionary.

Question 55

Oral argument provide an opportunity for face-to-face contact between the appellate judges and lawyers.

Question 56

What defendants did Neubauer (1991) find were most likely to win on appeal?

A)defendants convicted of nonviolent offenses and who received a relatively lenient sentence.
B)defendants convicted of violent offenses and who received a relatively lenient sentence.
C)defendants convicted of nonviolent offenses and who received a relatively harsh sentence.
D)defendants convicted of violent offenses and who received a relatively harsh sentence.

Question 57

In appeals cases, lawyers for both sides appear before a panel of judges to argue about the law applicable to the case.

Question 58

Appeals courts hear evidence at trials.

Question 59

All errors are subject to the harmless error rule except plain errors.

Question 60

What reason for wrongful convictions plays a role in 72% of the DNA exonerations to date?

A)mistaken eyewitness identifications
B)false confessions
C)improper forensic evidence
D)unreliable informants

Question 61

The most common type of postconviction relief is mandamus.

Question 62

The leading cause of wrongful convictions is improper forensic evidence.

Question 63

The party who initiates or files the first appeal is called the _____.

Question 64

The Fifth Amendment ban on _____ generally prohibits retrial of a person who has already been convicted of the same crime.

Question 65

High courts of last resort accept only cases that present significant public policy questions.

Question 66

In recent years, state supreme courts have become important policymakers in a number of contentious areas, such as same-sex marriages and parental rights in divorce cases.

Question 67

In appeals, questions of fact are review de novo.

Question 68

Judge who disagree with the majority opinion in an appeal may write a dissenting opinion.

Question 69

Unlike trial courts, appellate courts do not hear _____ at trials.

Question 70

Questions of fact are reviewed for _____ error.

Question 71

The amount of deference afforded by an appellate court is referred to as the _____ of review.

Question 72

The Double Jeopardy Clause of the Fifth Amendment to the U.S.Constitution prevents the prosecution from seeking to have a "not guilty" verdict overturned on appeal.

Question 73

The two primary functions of _____ are error correction and policy formation..

Question 74

If an attorney fails to object at trial it causes no problem on appeal.

Question 75

During trial, attorneys must make timely objections to the judge's rulings on points of law, or the objection will be deemed waived. This is called the _____ objection rule.

Question 76

An appellate court's written decision and explanation is called a(n) _____.

Question 77

Postconviction remedies are also called collateral attacks.

Question 78

The most obvious function of appellate courts is _____ correction.

Question 79

The two primary functions of appeals are error correction and policy formation.

Question 80

Most of the U.S.Supreme Court's jurisdiction is _____.