Deck 7: Judges and the Justice in the States

Question 1

What is a retention election?

A)an electoral system in which voters have no say on whether a judge should be allowed to serve a full new term
B)an electoral system in which the voters are asked to vote yes or no on whether a judge should be allowed to stay in office
C)an electoral system in which the public select the judicial candidate from a list of proposed candidates
D)an electoral system in which the legislature votes to select a judicial candidate based on a list of proposed candidates
E)an electoral system in which the governor appoints the judicial candidate based on his/her personal preference

Answer 1

B

Question 2

Which of the following best describes minor courts of limited jurisdiction?

A)They are the courts that handle misdemeanors, traffic cases, and civil suits involving small amounts of money.
B)They are the courts that administer common and criminal law.
C)They are the courts that administer estates and handle matters related to wills.
D)They are the courts that review decisions of trial courts.
E)They are the courts that administer equity and statutory law.

Answer 2

A

Question 3

Which of the following is true with regard to state courts in the light of the recession that began in 2008?

A)Several state judges had suspended trying criminal cases to clear backlogs.
B)The constitutional right to a speedy trial was suspended in most states.
C)Funding cuts to state courts resulted in slowing down the justice system, especially regarding criminal cases.
D)Funding cuts to state courts resulted in slowing down the justice system, especially regarding civil cases.
E)Overall, only five states have actually reduced funding for their state court systems in 2011.

Answer 3

D

Question 4

Jack has just been arrested for traffic violation, a misdemeanor.Which of the following courts is most likely to handle this type of offence?

A)appellate court
B)trial court of general jurisdiction
C)minor court of limited jurisdiction
D)state supreme court
E)federal supreme court

Question 5

When choosing judges for state courts in a federal system, there is a great tension between the goals of ________.

A)criminal judges and civil judges
B)rationality and ethics
C)the government and judiciary
D)an executive branch and judiciary
E)accountability and independence

Question 6

Advisory opinion is defined as ________.

A)the power of a court to determine whether a law or government regulation is consistent with the state constitution or U.S.Constitution
B)a view unrelated to a particular case that gives a court's view about a constitutional or legal issue
C)the authority of a court to hear a case "in the first instance"
D)the power of an appellate court to review the decision made by a superior court
E)the authority of an appellate court to overturn the decision of the superior court

Question 7

Which of the following refers to a system for selecting judges that combines features of the appointive and elective methods?

A)the Missouri Plan
B)the New Deal
C)the Marshall Plan
D)The Virginia Plan
E)The Randolph Plan

Question 8

Much of the rising cost of judicial campaigns stems from________.

A)the increased reliance on international lobbyists
B)the sharp decline in the number of independent donors
C)frequent overseas travel undertaken by party members
D)the increased reliance on televised campaign advertising
E)the increased public funding from state governments to combat influence of PACs

Question 9

James, a 16-year-old boy from California, has just committed a minor offence and is expected to appear before a magistrate.In which of the following courts is he most likely to appear?

A)supreme court
B)criminal court
C)juvenile court
D)small claims court
E)court of appeal

Question 10

Judicial review is defined as ________.

A)the power of a court to determine whether a law or government regulation is consistent with the state constitution or U.S.Constitution
B)an opinion unrelated to a particular case that gives a court's view about a constitutional or legal issue
C)the authority of a court to hear a case "in the first instance"
D)the power of an appellate court to review the decision made by a superior court
E)the authority of an appellate court to overturn the decision of the superior court

Question 11

In most states, ________ handle misdemeanors.

A)appellate courts
B)trial courts of general jurisdiction
C)minor courts of limited jurisdiction
D)state supreme court
E)federal supreme court

Question 12

Which of the following is the most common method of selecting state and local judges in the United States?

A)appointment by senate
B)election
C)appointment by legislature
D)appointment by governor
E)Missouri plan or a variation of it

Question 13

________ refers to a serious crime, the penalty for which can range from imprisonment in a penitentiary for more than a year to death.

A)A misdemeanor
B)Tort
C)A felony
D)Conspiracy
E)Attempted larceny

Question 14

Original jurisdiction is defined as ________.

A)the power of a court to determine whether a law or government regulation is consistent with the state constitution or U.S.Constitution
B)the authority of a court to annul a death sentence
C)the authority of a court to hear a case "in the first instance"
D)the power of an appellate court to review the decision made by a superior court
E)the authority of an appellate court to overturn the decision of the superior court

Question 15

The U.S.Supreme Court decision in ________ allowed interest groups to become much more active in judicial elections.

A)Republican Party of Minnesota v.White
B)Citizens United v.FEC
C)Arizona Free Enterprise Club's Freedom Club PAC, et al.v.Bennett
D)Brown v.Plata
E)North Carolina Right to Life v.Leake

Question 16

Which of the following is true for nonpartisan judicial elections?

A)Nonpartisan judicial elections tend to show lower levels of roll-off than do partisan elections.
B)Nonpartisan elections are not held for appellate court judges.
C)In at least half of the states with nonpartisan judicial elections, parties actively campaign on behalf of candidates.
D)In nonpartisan judicial elections, parties are actively barred from being involved in the election at any stage.
E)Selection of judges through nonpartisan judicial elections is extremely rare in the U.S.

Question 17

Which of the following cases was instrumental in allowing judges to freely take stances on several controversial political issues?

A)Republican Party of Minnesota v.White
B)Citizens United v.FEC
C)Arizona Free Enterprise Club's Freedom Club PAC, et al.v.Bennett
D)Brown v.Plata
E)North Carolina Right to Life v.Leake

Question 18

All states have a court of last resort, usually called the ________.

A)juvenile court
B)trial court of general jurisdiction
C)minor court of limited jurisdiction
D)supreme court
E)claims court

Question 19

Which of the following courts is most likely to have original jurisdiction over a felony?

A)appellate courts
B)trial courts of general jurisdiction
C)minor courts of limited jurisdiction
D)small claims court
E)federal supreme court

Question 20

John Thatcher has recently been selected as a judge by the governor of Missouri, which follows the Missouri Plan for selecting judges.At the next general election, John Thatcher can be expected to ________.

A)continue as a judge
B)be removed from office
C)take part in a nonpartisan election for the position
D)run in a noncompetitive retention election
E)be elected as a judge in the state supreme court

Question 21

Which of the following consists of eligible adult citizens from outside the legal profession that decides on the outcome of a case?

A)prosecutors
B)defense counsels
C)public defenders
D)juries
E)judges

Question 22

Which of the following best describes an information affidavit?

A)It is a certification by a public prosecutor that there is evidence to justify bringing named individuals to trial.
B)It is a formal written statement from a grand jury charging an individual with an offense.
C)It is an arrangement whereby attorneys are provided for people accused of crimes who are unable to hire their own attorneys.
D)It is an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
E)It is a term used to describe work that lawyers do for which they receive no fees.

Question 23

Robert was arrested for committing a serious crime.The prosecution offered to reduce the seriousness of the charge provided Robert conceded to a lesser crime.This practice is known as ________.

A)judicial review
B)due process
C)plea bargain
D)indictment
E)advisory opinion

Question 24

The ________ in the United States (often called county attorneys or district attorneys) are usually county officials; most are locally elected and subject to little supervision by state authorities.

A)defense counsels
B)chief prosecutors
C)public defenders
D)prison officials
E)judges

Question 25

Which of the following best describes plea bargain?

A)It is a common practice in which the prosecution offers to reduce the seriousness of the charge and/or sentence if the defendant affirms that he/she has committed a lesser crime.
B)It is the principle of upholding the rights of all those involved when making a judgment or ruling, including those of the accused or convicted.
C)It refers to the ultimate sentence for a crime in the United States.
D)It refers to the practice in which a group of adult citizens is selected to arrive at a verdict in a criminal case.
E)It refers to the practice of being assigned an attorney when a defendant is unable to afford one.

Question 26

The U.S.justice system puts the responsibility for prosecuting criminals on the ________.

A)public
B)clergy
C)government
D)social workers
E)victims

Question 27

In general terms, defendants in the U.S.are likely to be ________.

A)predominantly male
B)predominantly female
C)disproportionately white
D)typically married
E)highly educated

Question 28

Plea bargaining allows prosecutors to ________.

A)prolong trials pertaining to civil disputes
B)avoid the dilemma of either incurring the expense of going to trial with a losing case or appearing to provide no service whatsoever to their clients
C)avoid long and drawn-out trials
D)effect harsh punishments for crimes
E)prolong criminal trials

Question 29

Which of the following is true of jury trials?

A)All states in the U.S.use juries of more than 12 people for criminal trials.
B)Jury service is restricted to only prosecutors and defense counsels.
C)Most busy citizens are interested in serving as a member of a jury.
D)In jury trials, verdicts are not permitted by less than a unanimous vote.
E)Only a small fraction of criminal cases are actually disposed of by a trial before a jury.

Question 30

An indictment is ________.

A)a certification by a public prosecutor that there is evidence to justify bringing named individuals to trial
B)a formal written statement from a grand jury charging an individual with an offense
C)an arrangement whereby attorneys are provided for people accused of crimes that are unable to hire their own attorneys
D)an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes that are unable to hire their own attorneys
E)a term used to describe work that lawyers do for which they receive no fees

Question 31

Which of the following best describes an assigned counsel system?

A)It is a certification by a public prosecutor that there is evidence to justify bringing named individuals to trial.
B)It is a formal written statement from a grand jury charging an individual with an offense.
C)It is an arrangement whereby attorneys are provided for people accused of crimes who are unable to hire their own attorneys.
D)It is an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
E)It is a term used to describe work that lawyers do for which they receive no fees.

Question 32

Which of the following is the only state where state judges have life appointments?

A)Massachusetts
B)New York
C)Rhode Island
D)North Dakota
E)Oregon

Question 33

Which of the following best describes the public defender system?

A)It is a certification by a public prosecutor that there is evidence to justify bringing named individuals to trial.
B)It is a formal written statement from a grand jury charging an individual with an offense.
C)It is an arrangement whereby attorneys are provided for people accused of crimes who are unable to hire their own attorneys.
D)It is an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
E)It is a term used to describe work that lawyers do for which they receive no fees.

Question 34

A defendant refers to ________.

A)a member of the grand jury
B)a person accused of committing a crime
C)an offender who has been placed in community supervision rather than in prison
D)a habitual offender
E)a person released after serving a prison term and subject to being returned to prison for rule violations or other offenses

Question 35

In the context of judicial selection systems, judges and attorneys tend to prefer ________.

A)merit selection plans
B)appointment by the governor
C)appointment by the senate
D)election
E)nomination

Question 36

Maria Price, a prosecutor, is an advocate of plea bargaining.Which of the following views is she most likely to endorse?

A)Plea bargaining is effective mainly because it forces defenders to give up their rights.
B)Plea bargaining is ineffective because it consists of the most undesirable aspects of a trial.
C)Although plea bargaining is popular with many people, it significantly increases the risk of losing.
D)Since plea bargaining reduces the possibility of every case being tried, it denies justice to the less privileged.
E)Plea bargaining is effective because it helps avoid long and drawn-out trials.

Question 37

In the 1984 ________, Congress authorized federal funds to support state programs compensating victims.

A)Racial Justice Act
B)Crime Victims' Rights Act
C)Criminal Law Amendment Act
D)Victims of Crime Act
E)Glass-Steagall Act

Question 38

Which of the following is true of judicial elections?

A)Nonpartisan judicial elections tend to show lower levels of roll-off than do partisan elections.
B)Judges and attorneys tend to like judicial elections over merit selection.
C)Judicial elections are low stimulus in nature with significant roll-off in those voting.
D)Judicial elections have no supporters in the U.S.
E)A Harris Poll conducted in 2008 showed that a majority of individual voters opposed choosing state judges through judicial elections.

Question 39

In general terms, victims in the U.S.tend to be ________.

A)disproportionately white
B)predominantly white Christian males
C)black or another minority
D)old
E)highly educated

Question 40

Which of the following refers to a term used to describe work that lawyers (or other professionals) do for which they receive no fees?

A)true bill
B)information affidavit
C)tort
D)indictment
E)pro bono

Question 41

Which of the following is an advantage that plea bargaining offers to defense attorneys?

A)It enables defense attorneys to clear their clients of blame completely.
B)It helps reduce conviction rates.
C)It allows defense attorneys to prolong criminal trials.
D)It enables defense attorneys to serve less-privileged clients better.
E)It provides defense attorneys with an opportunity to make more money.

Question 42

Concerned by the overcrowding in prisons, federal judges issued orders in the 1990s calling for either immediate improvement or the release of people being held in conditions that violate the ________ Amendment prohibition against cruel and unusual punishment.

A)Fifth
B)Eighth
C)Second
D)Sixth
E)First

Question 43

Which of the following is the ultimate sentence for any crime in the United States?

A)life imprisonment with a possibility of parole
B)life imprisonment with no possibility of parole
C)capital punishment
D)institutionalization
E)25 years in prison with no possibility of parole

Question 44

Which of the following is the major purpose of sentencing in contemporary times?

A)retribution
B)protection of society from the "ill"
C)vengeance
D)disciplining
E)rehabilitation

Question 45

Jonathan has been convicted of his third felony in a state with "three-strikes-and-you're-out" laws.He is most likely to be sentenced to ________.

A)10 to 15 years in prison with parole
B)five years in prison without parole
C)capital punishment
D)life imprisonment
E)rigorous imprisonment for three years

Question 46

Which of the following countries has the highest prison population in the world?

A)The United Kingdom
B)The United States
C)China
D)Brazil
E)South Africa

Question 47

Which of the following countries has the highest incarceration rate in the world?

A)Russia
B)The United Kingdom
C)China
D)The United States
E)South Africa

Question 48

Parolees are ________.

A)individuals who have been accused of committing a crime
B)individuals on trial in a courtroom for a crime
C)offenders the courts have placed in community supervision rather than in prison
D)habitual offenders who have been sentenced to life imprisonment
E)people released after serving a prison term who are under supervision and subject to being returned to prison for rule violations or other offenses

Question 49

A felony is a minor crime; the penalty is a fine or imprisonment for a short time, usually less than a year, in a local jail.

Question 50

A misdemeanor is a serious crime, the penalty for which can range from imprisonment in a penitentiary for more than a year to death.

Question 51

In Brown v.Plata, the Court upheld a lower federal court holding that ________.

A)most of the prisoners incarcerated in California prisons were innocent
B)the prisons in the state of Florida were overcrowded
C)overcrowding in the California prison system violated prisoners' rights to adequate health care
D)the "three-strikes-and you're-out" law is unconstitutional
E)the death penalty was unconstitutional

Question 52

Which of the following best describes due process?

A)It is a common practice in which the prosecution offers to reduce the seriousness of the charge and/or sentence if the defendant pleads guilty.
B)It is the principle of upholding the rights of all those involved when making a judgment or ruling, including those of the accused or convicted.
C)It is the ultimate sentence for a crime in the United States.
D)It is the practice in which a group of adult citizens from various backgrounds decide the outcome in a criminal case.
E)It is the practice of being assigned an attorney when a defendant is unable to afford one.

Question 53

What is true of sentencing?

A)Indeterminate sentencing is considerably rare in the United States with only two states actually using it.
B)Habitual offender laws prescribe a mandatory life sentence after two felony convictions.
C)Typically, judges do not set sentences.
D)Judges enjoy considerable discretion in sentencing, and they frequently give different sentences to defendants convicted of the same crime.
E)Retribution is the primary goal of contemporary sentencing.

Question 54

Several state legislatures are reconsidering the death penalty in the light of ________.

A)the increased use of DNA evidence that has exonerated a number of individuals convicted of crimes
B)the increased activism surrounding the rights of the underprivileged
C)the rapid development in technology
D)higher literacy rates among the poor
E)the increased activism surrounding the rights of minority communities

Question 55

Plea bargaining allows the accused to ________.

A)avoid the danger of being sentenced for more serious charges
B)eliminate the chance of losing
C)prove his/her innocence beyond reasonable doubt
D)obtain the services of an attorney free of cost if he/she is unable to afford one
E)enjoy immunity from law

Question 56

Which of the following is NOT a part of the due process for sentencing?

A)It takes place in closed court.
B)The prisoner must be present.
C)The prisoner must be represented by counsel.
D)The sentence must be set within the limits prescribed by the state.
E)The judge receives recommendations from the prosecution.

Question 57

In an attempt to reduce costs, some states have been using ________, turning over the responsibility for operating prisons to nongovernmental firms on a contractual basis.

A)due process
B)privatization
C)plea bargaining
D)the assigned counsel system
E)pro bono

Question 58

________ refers to the tendency for an offender to repeat criminal behavior.

A)Pro bono
B)Indictment
C)Retribution
D)Misdemeanor
E)Recidivism

Question 59

Probationers are ________.

A)individuals who have been accused of committing a crime
B)individuals on trial in a courtroom for a crime
C)offenders the courts have placed in community supervision rather than in prison
D)offenders that have been convicted of a crime and have been incarcerated
E)people released after serving a prison term who are under supervision and subject to being returned to prison for rule violations or other offenses

Question 60

Which of the following is an advantage that plea bargaining offers to judges?

A)It allows judges to handle cases without precedents more efficiently.
B)It allows judges more time to issue verdict on criminal cases.
C)It allows judges more time to issue verdict on civil disputes.
D)It enables judges to dispose of cases on their dockets more rapidly.
E)It enables judges to fare well in retention elections.

Question 61

Critics of the public defender system opine that since public defenders are paid employees of the state, they are not likely to work diligently on behalf of their clients.

Question 62

Campaign spending in judicial elections has sharply declined in recent times; between 2000 and 2009, candidate fund-raising reduced significantly compared with the previous decade.

Question 63

Retention elections typically generates lesser interest and lower voter turnout than contested judicial elections.

Question 64

Several state legislatures are reconsidering the death penalty in light of the increased use of DNA evidence that has exonerated a number of individuals convicted of crimes.

Question 65

Chief prosecutors are subject to strict supervision by state authorities and are accountable to them.

Question 66

According to critics of plea bargaining, the practice forces defendants to give up their rights.

Question 67

Plea bargaining is less attractive to defense attorneys as it does not allow them to make more money.

Question 68

More people are imprisoned in the United States than in any other country.

Question 69

Since jury trials take more time than bench trials and also cost more, some states use juries of fewer than the standard 12 people for some criminal trials.

Question 70

Judges enjoy considerable discretion in sentencing, and they frequently give different sentences to defendants convicted of the same crime.

Question 71

In a plea bargain, the prosecution offers to reduce the seriousness of the charge and/or sentence if the defendant will enter a plea of guilty to a lesser crime.

Question 72

Most decisions of trial judges are reviewed by appellate courts and are hence, not considered final.

Question 73

Even though most states allow capital punishment, its use varies widely.

Question 74

When judges are elected at large for a city or a state, minority candidates are elected in larger numbers.

Question 75

Growing concerns about crime and mounting criticism have fueled legislative action for enhancing the existing judicial discretion of judges.

Question 76

Sentencing a convicted offender without him being present in the court is part of the due process of sentencing.

Question 77

A prosecutor is less likely to be criticized for dropping a case because of insufficient evidence than for filing a charge and failing to get a conviction.

Question 78

The ultimate sentence available for a crime in the United States is life without the possibility of parole.

Question 79

Judges and attorneys tend to like elections or appointments better than they do merit selection plans.

Question 80

The selection of citizens as jurors is limited to professionals working in the justice department.