Deck 7: Courts, Prosecution, and the Defense

Question 1

What is the court of last resort generally called?

A)Intermediate court of appeals
B)U.S. Supreme Court
C)Court of ultimate jurisdiction
D)Final court of appeal

Answer 1

B

Question 2

Which of the following is false regarding appellate courts?

A)Appellate courts try cases.
B)Appellate courts review the procedures of the case to determine whether an error was made by judicial authorities.
C)The appellate court can order a new trial.
D)The appellate court can allow the defendant to go free.

Answer 2

A

Question 3

All evidence points to the conclusion that prosecutorial discretion is used to:

A)influence judicial decision making in the sentencing stage.
B)influence who gets re-elected to judgeships.
C)screen out the weakest cases.
D)achieve a desirable sentence.

Answer 3

C

Question 4

If you are charged with the crime of armed robbery, your trial would take place in which type of court?

A)A court of limited jurisdiction
B)A court of general jurisdiction
C)An appellate court
D)A specialty court

Question 5

The legal basis for the federal court system is found in the:

A)Judicial Act of 1789.
B)Sixth Amendment.
C)Article 3, Section 1 of the U.S. Constitution.
D)Original Articles of Confederation.

Question 6

In the federal system, prosecutors are appointed by whom?

A)Congress
B)The Senate
C)The President
D)The U.S. Supreme Court

Question 7

Generally, state appellate decisions are based on court transcripts, however in some instances, the felony court will grant a new trial known as:

A)the trial de novo.
B)a reaffirmation of verdict.
C)the trial de jure.
D)a habeas corpus hearing.

Question 8

Courts of general jurisdiction are also known as what?

A)Appellate courts
B)Municipal courts
C)District courts
D)Felony courts

Question 9

When a right is granted in a case by the Supreme Court it is usually referred to as a(n):

A)landmark decision.
B)issuance of legalis.
C)writ of certiorari.
D)mandate of precedence.

Question 10

Which of the following would not constitute a specialty court?

A)Probate court
B)Circuit court
C)Drug court
D)Mental health court

Question 11

Which of the following reasons may cause a case to be dismissed?

A)Inefficient evidence
B)Interests of justice
C)Due process problems
D)All the above

Question 12

Prosecutorial discretion is used to:

A)reduce the number of cases to trial
B)help the charging decision.
C)punish offenders.
D)impose indictment in the state court process.

Question 13

Courts of limited jurisdiction are most likely to handle which of the following crimes?

A)Homicides
B)Rapes
C)Robbery
D)Traffic violations

Question 14

Which of the following is not one of the duties of a prosecutor?

A)Investigate possible violations of the law
B)Maintain administrative control over grand jury proceedings
C)Represent the government in appeals
D)Subpoena witnesses to a crime

Question 15

Which of the following is the most common reason for prosecutors to reject cases?

A)Due process problems
B)Arrest problems
C)Evidence problems
D)Interest of justice problems

Question 16

Which of the following is not one of the judicial functions of a judge?

A)Considering leniency or severity requests from police and prosecutors
B)Administrative control over probation
C)Consulting with probation staff on treatment decisions
D)Drafting legislative language to be forwarded to congressional sponsors

Question 17

How many tiers are there in the federal court system?

A)1
B)2
C)3
D)4

Question 18

Many states have adopted some form of what is known as the ____ Plan to select judges.

A)Illinois
B)Missouri
C)New York
D)Ohio

Question 19

Which of the following cases would be eligible to be heard in U.S. district court?

A)A $100,000 civil case involving residents from two states
B)A kidnapping case
C)A civil rights case
D)All of the above

Question 20

Which of the following is not a term used to describe a court of limited jurisdiction?

A)Municipal court
B)Circuit court
C)County court
D)District court

Question 21

Which type of indigent defense program relies on block grants given to lawyers or law firms in exchange for their legal services on a set number of cases involving poor defendants?

A)Contract system
B)Assigned counsel systems
C)Prepaid legal services
D)Public defender systems

Question 22

The Sixth Amendment assures the right to counsel.

Question 23

The drug court movement began in New York.

Question 24

In what 1963 landmark case did the U.S. Supreme Court rule that state courts must provide counsel to indigent defendants in felony prosecutions?

A)Gideon v. Wainwright
B)Strickland v. Washington
C)Burger v. Kemp
D)Argersinger v. Hamlin

Question 25

Appellate courts try cases.

Question 26

Interviewing witnesses in a criminal case is one of the duties of the prosecutor.

Question 27

The U.S. Supreme Court is the only court established by constitutional mandate.

Question 28

Conviction rates for indigent defendants and those with their own lawyers are about the same in federal and state courts.

Question 29

The concept of attorney competence was defined by the U.S. Supreme Court in the case of Strickland v. Washington.

Question 30

What is the name of the judiciary intranet?

A)FED Net
B)Court Net
C)Court TV
D)J-Net

Question 31

In what 1972 cases did the Court rule that an attorney must be provided in all criminal cases where the penalty includes imprisonment?

A)Gideon v. Wainwright
B)Strickland v. Washington
C)Burger v. Kemp
D)Argersinger v. Hamlin

Question 32

In Gideon v. Wainwright, the Court took the first major step on the issue of right to counsel.

Question 33

Which of the following statements is false regarding public versus private attorneys?

A)Conviction rates for indigent defendants with public defenders were significantly higher than for defendants with their own attorney.
B)Sentence lengths for defendants sent to jail or prison were shorter for those with publicly financed attorneys than those who hired counsel.
C)Of those found guilty, those represented by publicly financed attorneys were incarcerated at a higher rate than those defendants who paid for their own legal representation.
D)Research indicates that private counsel may have a slightly better track record in some areas than public defenders.

Question 34

Plea bargaining is rare.

Question 35

Today, the Sixth Amendment right to counsel and the ____ and ____ Amendments guarantee of due process of law have been judicially interpreted together to provide the defendant with counsel by the state in all types of criminal proceedings.

A)Fourth, Fifth
B)Fifth, Fourteenth
C)Sixth, Eighth
D)First, Seventh

Question 36

The first state to establish a court administrative office was ____ in 1927.

A)North Dakota
B)Iowa
C)Washington
D)California

Question 37

The concept of attorney competence was defined by the U.S. Supreme Court in what case?

A)Gideon v. Wainwright
B)Strickland v. Washington
C)Burger v. Kemp
D)Argersinger v. Hamlin

Question 38

What is the duty of a defense lawyer to his client and the legal system?

A)To participate in the courtroom workgroup
B)To fully and competently defend his client
C)To engage in the pursuit of justice
D)To represent the state

Question 39

Approximately ____ courts across the United States have videoconferencing capability.

A)100
B)200
C)300
D)400

Question 40

Courts of general jurisdiction are sometimes called municipal courts.

Question 41

Describe the U.S. Supreme Court and explain how a case becomes heard in this Court.

Question 42

Discuss the major functions of a defense attorney in the justice process.

Question 43

Discuss, using examples, the major prosecutorial tasks of a prosecutor.

Question 44

Detail the various forms of indigent defense systems used in the U.S.

Question 45

If the prosecutor decides to pursue a case, the charges may later be dropped if conditions are not favorable for a conviction in a process called ____________________.

Question 46

The ____________________ are the trial courts of the federal system.

Question 47

State ____________________ process about 20 million cases of criminal conduct each year.

Question 48

The federal court system is organized around a ____________________ hierarchy of court jurisdiction.

Question 49

Using examples, elaborate on the expanding role of technology in the court process.

Question 50

Discuss the rationale behind specialty courts and how such courts fit into the larger structure of the state court system.

Question 51

Discuss the advantages and/or disadvantages of private attorneys versus public defenders.

Question 52

Discuss the legal basis for our right to counsel.

Question 53

____________________ describes the decision a prosecutor makes in whether or not to prosecute a case.

Question 54

Using examples, elaborate on the types of factors which affect the prosecutor's discretionary decision-making process.

Question 55

In the ____________________ system of indigent defense, a block grant is given to a lawyer or law firm to handle indigent defense cases.

Question 56

The Supreme Court issues a ____________________ indicating that it has decided to hear a case.

Question 57

The ____________________ is known as the nation's court of last resort.

Question 58

Explain the selection and functions of a trial judge.

Question 59

Providing for more judges, diversion programs, and bail reform are solutions for the problem of ____________________.

Question 60

The ____________________ is used to select judges in more than 30 states.