Deck 9: 9 Court Structure and Personnel

Question 1

In which case did the Court reaffirm the legitimacy of its jurisdiction over state court decisions when such courts handled issues of federal or constitutional law

A)Martin v. Hunter's Lessee (1816)
B)Georgia Diagnostic v. Davis (1901)
C)Burgoyne v. Butler (2002)
D)Plessy v. Ferguson (1872)

Answer 1

A

Question 2

A state or federal court that has jurisdictions over felonies is referred to as a:

A)Court of limited jurisdiction
B)Court of federal jurisdiction
C)Court of general jurisdiction
D)Court of appeals

Answer 2

C

Question 3

Which of the following is not a primary reason shown to affect judges' decisions according to the text

A)Attitudes and ideology
B)Gender
C)Pay scale
D)Reelection

Answer 3

C

Question 4

Discussions between defense counsel and prosecution in which the accused agrees to plead guilty in exchange for certain considerations, such as reduced changes, is referred to as:

A)Plea bargaining.
B)Imploration requesting.
C)Declaration of entreaty.
D)Intermediate sanctioning.

Question 5

An appointed elected member of the practicing bar who is responsible for bringing the state's case against the accused is the:

A)Defendant.
B)Prosecutor.
C)Magistrate.
D)Defense attorney.

Question 6

Criminal appeals represent about what percentage of the total number of cases processed by the nation's appellate courts

A)10%
B)25%
C)50%
D)75%

Question 7

Which of the following typically is not a qualification of a potential judge in most states

A)Over 25 years of age
B)A member of the bar association
C)Resident of the state
D)Has practiced law for at least 10 years

Question 8

Which is a method of judicial selection that combines a judicial nominating commission, executive appointment, and nonpartisan confirmation elections

A)Missouri Plan
B)Mark English Plan
C)Dispute resolution
D)Concept summary plan

Question 9

Which is the county prosecutor who is charged with bringing offenders to justice and enforcing the criminal laws of the state

A)U.S. attorney general
B)Chief legal officer
C)District attorney
D)State investigative attorney

Question 10

Which of the following would not fall under the purview of a court of general jurisdiction

A)Rape
B)Civil case with damages over $15,000
C)Simple assault
D)Review of a case on appeal from a court of limited jurisdiction

Question 11

A court that has primary jurisdiction over specific types of offenses and that operates differently than a traditional criminal courts is referred to as a:

A)Drug court.
B)Court of last resort.
C)Specialized court.
D)Court of limited jurisdiction.

Question 12

U.S. District Courts are comprised of how many independent courts, which were first organized by the Judicial Act of 1789

A)9
B)50
C)94
D)107

Question 13

Misdemeanor courts and municipal courts are examples of:

A)Courts of appeal.
B)Specialty courts.
C)Courts of limited jurisdiction.
D)Drug courts.

Question 14

Courts that have jurisdiction over cases involving violations of federal laws, including civil rights abuses, interstate transportation of stolen property, and kidnappings are called:

A)U.S. interstate courts.
B)U.S. district courts.
C)U.S. courts of last resort.
D)U.S. appellate courts.

Question 15

An order of a superior court requesting that a record of an inferior court be brought forward for review or inspection is a:

A)Writ of habeas corpus,
B)Writ of certiorari,
C)Writ of lottare,
D)Writ of Hammurabi's Code,

Question 16

A group of citizens chosen to hear charges against a person accused of a crime and to determine whether there is sufficient evidence to proceed to trial is a:

A)Civil jury.
B)Grand jury.
C)Prosecutorial jury.
D)Pretrial jury.

Question 17

The senior officer in a court of law, who is authorized to hear and decide cases is the:

A)Prosecutor.
B)Judge.
C)Appellate judge.
D)Ombudsman.

Question 18

Which is a process of dispute resolution in which a neutral third party renders a decision after a hearing at which both parties agree to be heard

A)Arbitration
B)Dispute resolution
C)Merit selection
D)Circle sentencing

Question 19

Which of the following would be handled by the U.S. District Courts

A)Review of a state appellate court case on substantive issues
B)Review of a federal appellate court case on substantive issues
C)Civil rights abuse
D)Cases involving military personnel or veterans' appeals

Question 20

A prosecutorial philosophy that emphasizes support and cooperation from various agencies for preventing crime, as well as a less centralized and more proactive role for local prosecutors is:

A)Municipal prosecution.
B)Community prosecution.
C)Unrestricted prosecution.
D)Private prosecution.

Question 21

The most common sanction for overzealous prosecutors in the United States is:

A)Being disbarred.
B)Reprimand/censure.
C)Prison time.
D)Fines.

Question 22

How many states have two intermediate appellate courts

A)2
B)3
C)4
D)5

Question 23

Which court case guarantees the accused the right to counsel when in custody and thereafter

A)Weeks v. Illinois
B)Miranda v. Arizona
C)Bell v. VMI
D)Takasugi v. Washington

Question 24

CASE 9.3
Donald Reed, a Vietnam Veteran and former engineer, was arrested for possession of marijuana and resisting arrest after officers found him smoking the drug under a bridge overpass in Cincinnati, Ohio. Mr. Reed is currently unemployed and is homeless after divorcing his wife in 1999 and losing his job in 2006. Given this information, answer the following questions.
Mr. Reed would be considered which of the following because he does have the funds necessary to hire an attorney on his own

A)​Problem offender.
B)Indigent offender.
C)Contract offender.
D)Assigned offender.

Question 25

A prosecutor is ready to proceed with a case but decides not to because, upon further investigation, he finds that the police conducted an illegal search. What would be the rationale for this dismissal

A)Interests of justice
B)Pretrial diversion
C)Due process problem
D)Referral

Question 26

A traffic ticket would likely be handled in which state court

A)Court of special jurisdiction
B)Court of general jurisdiction
C)Court of minimal jurisdiction
D)Court of limited jurisdiction

Question 27

CASE 9.1
Martha "Shuffles" Hershey is arrested for soliciting prostitution from a minor, a 17-year-old male in her small beach resort villa and kidnapping (transportation of a minor across state lines). Having paid the minor for sexual favors, she escorted him across state lines. At the time, Martha was 47 years old and had two kids; her husband had recently divorced her because of infidelity. Given this basic information of the case, answer the following questions.
Knowing what you know about the case, which system would most likely handle the case

A)Juvenile court because of the age of the victim
B)State specialized court because of the nature of the crime
C)Federal district court because of the nature of the crime
D)Supreme Court because of the seriousness of the crime

Question 28

CASE 9.2
Assume that the United States is on the verge of passing mass immigration reform laws that mandate the granting of immediate citizenship to all illegal aliens, of any nationality, at the start of the new year. The legality of the case was heard in federal court and is now in the hands of the Supreme Court. Given this information, answer the following questions.
How many justices must agree that the matter is worth the Supreme Court's hearing it before the case will come before the court

A)3
B)4
C)5
D)All members must agree

Question 29

The use of an alternative to trial, such as referral to a treatment or employment programs is called:

A)Diversion.
B)Discretion.
C)Intermediate referral.
D)Vicarious victimization.

Question 30

Which is the legal counsel in a criminal case who represents the accused person from arrest to appeal

A)Prosecutor
B)Defense attorney
C)Ombudsman
D)Advocate administrator

Question 31

CASE 9.2
Assume that the United States is on the verge of passing mass immigration reform laws that mandate the granting of immediate citizenship to all illegal aliens, of any nationality, at the start of the new year. The legality of the case was heard in federal court and is now in the hands of the Supreme Court. Given this information, answer the following questions.
In order for the Supreme Court to hear the case, it must first request a record of the inferior court be brought forth in a process called:

A)A writ of certiorari.
B)A habeas corpus.
C)Male in se document.
D)Dissenting opinion.

Question 32

All of the following are reasons for court congestion as presented in the text except:

A)Rapid population increases in some areas.
B)More aggressive policing tactics that target minor offenses such as panhandling.
C)The crime rate, which is always on the rise.
D)Legal reforms and new laws.

Question 33

Which of the following is not one of the four primary factors linked to prosecutorial decision making

A)System factors
B)Case factors
C)Disposition factors
D)Situational factors

Question 34

Who is responsible for delivering jury instructions

A)Judge
B)Prosecutor
C)Defense attorney
D)Bailiff

Question 35

Which of the following are factors that may influence prosecutorial decision making

A)Court backlog
B)Strength of the evidence
C)Preference for treatment over punishment
D)All of the above

Question 36

A prosecutor is ready to proceed with a simple drug possession case but decides not to because the defendant agrees to go to into a rehabilitation program. What would be the rationale for this dismissal

A)Interests of justice
B)Pretrial diversion
C)Due process problem
D)Referral

Question 37

A prosecutor is ready to proceed with a case but decides not to because, upon further investigation, he finds that even though the act committed by the defendant was illegal, it was minor and no one was hurt. What would be the rationale for this dismissal

A)Interests of justice.
B)Pretrial diversion.
C)Due process problem.
D)Referral.

Question 38

A felony charge would likely be handled in which state court

A)Court of special jurisdiction
B)Court of general jurisdiction
C)Court of minimal jurisdiction
D)Court of limited jurisdiction

Question 39

CASE 9.1
Martha "Shuffles" Hershey is arrested for soliciting prostitution from a minor, a 17-year-old male in her small beach resort villa and kidnapping (transportation of a minor across state lines). Having paid the minor for sexual favors, she escorted him across state lines. At the time, Martha was 47 years old and had two kids; her husband had recently divorced her because of infidelity. Given this basic information of the case, answer the following questions.
Assuming Ms. Hershey was found guilty and her lawyer appeals the ruling because of a judicial misinterpretation of the law, which court would hear the appeal first

A)Supreme Court
B)U.S. circuit court
C)U.S. court of last resort
D)U.S. court of petitions

Question 40

CASE 9.1
Martha "Shuffles" Hershey is arrested for soliciting prostitution from a minor, a 17-year-old male in her small beach resort villa and kidnapping (transportation of a minor across state lines). Having paid the minor for sexual favors, she escorted him across state lines. At the time, Martha was 47 years old and had two kids; her husband had recently divorced her because of infidelity. Given this basic information of the case, answer the following questions.
If the court ordered Ms. Hershey and others (witnesses) to appear in court, they would be notified by what document specifying the date and time of the hearing

A)Writ of certiorari
B)Subpoena
C)Banding document
D)Warrant

Question 41

The traditional prosecutorial model is problem-oriented and proactive, not case-oriented and reactive to crime.

Question 42

The two common forms of alternative dispute resolution programs are arbitration and mediation.

Question 43

One positive with the U.S. court system is that the number of cases, especially in limited jurisdiction courts, has been decreasing for more than a decade.

Question 44

U.S. Attorneys serve as the nation's principal litigators and are appointed by the President of the United States.

Question 45

The contract system requires that a block grant be given to lawyers or firms to handle indigent defense cases.

Question 46

Title 9 of the U.S. Code contains federal arbitration law.

Question 47

Often, large firms contribute the services of their newest members for legal aid to indigent defendants, meaning that these defendants get more inexperienced and raw lawyers handing cases that could mean life or death.

Question 48

The first public defender program began in Jasper, Indiana, in 1896.

Question 49

One difficulty with "courts of last resort" on the state level is that only forty-two states and the District of Columbia have courts of last resort, with eight states maintaining a checks and balance system only.

Question 50

Out of five thousand cases submitted to the Supreme Court annually, only about half are actually heard.

Question 51

The groundwork for the federal court system can be found in the U.S. Constitution, which calls for the creation of one Supreme Court.

Question 52

Federal District Courts hear cases in which one state sues another.

Question 53

CASE 9.3
Donald Reed, a Vietnam Veteran and former engineer, was arrested for possession of marijuana and resisting arrest after officers found him smoking the drug under a bridge overpass in Cincinnati, Ohio. Mr. Reed is currently unemployed and is homeless after divorcing his wife in 1999 and losing his job in 2006. Given this information, answer the following questions.
The right to an attorney for those who are unable to afford one was made law by the Supreme Court in 1963; in what year was the law expanded to include any crime, felony, or misdemeanor for which jail/prison time was an option

A)1966
B)1973
C)1980
D)1991

Question 54

Even if a prosecutor decides to pursue a case, the charges may later be dropped if the conditions are not favorable for a conviction.

Question 55

Altogether, about 90% of state trial judges will face elections of some type during their tenure on the bench.

Question 56

CASE 9.3
Donald Reed, a Vietnam Veteran and former engineer, was arrested for possession of marijuana and resisting arrest after officers found him smoking the drug under a bridge overpass in Cincinnati, Ohio. Mr. Reed is currently unemployed and is homeless after divorcing his wife in 1999 and losing his job in 2006. Given this information, answer the following questions.
If it was later determined that Mr. Reed or another party was to pay a partial or full amount back to the attorney or organization representing him, this would be called:

A)Indigent referral.
B)Recoupment.
C)Reconciliation.
D)Recompensement.

Question 57

Court clerks have a wide range of duties, most of which consist of maintaining court records; receiving, processing, and maintaining judgments; and swearing in witnesses.

Question 58

Courts of general jurisdiction may be responsible for reviewing cases on appeal from courts of limited jurisdiction.

Question 59

Research shows that election considerations do shape judicial decision making.

Question 60

One major difference between arbitration and mediation is that mediation is much more formal than arbitration hearings.

Question 61

The Fifth and __________________ Amendments guarantees of due process of law have been judicially interpreted together to require counsel in all types of criminal proceedings.

Question 62

The county prosecutor who is charged with bringing offenders to justice and enforcing the criminal laws of the state is known as the __________________.

Question 63

The ________________ is the nation's highest appellate body and the court of last resort.

Question 64

Provisions of legal services to indigent defendants by private attorneys under contract to the state or county are known as a __________________.

Question 65

Court delays often hinder the ________________ Amendment's protection of a right to a speedy trial.

Question 66

The most common punishment for prosecutorial overzealousness is disbarment.

Question 67

An order of the superior court requesting that a record of an inferior court be brought forward for review or inspection is called a(n) __________.

Question 68

The right to counsel as guaranteed under the Sixth Amendment extends to postconviction activities as well, including appeal.

Question 69

Studies have shown that defendants who are found guilty and were represented by public defenders are incarcerated at higher rates than those who were found guilty while being represented by private attorneys.

Question 70

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

Question 71

As an attorney, the defense attorney is obligated to uphold the Model Rules of _________________ in the defense of a client.

Question 72

U.S. Supreme Court judges are nominated for their position by ________________.

Question 73

If a defense attorney knows that the client is guilty, it is still permissible for the attorney to advice the client to take the stand and deny that he or she committed the offense.

Question 74

The practice by private attorneys of taking the cases of indigent offenders without fee as a service to the profession and the community is called __________ work.

Question 75

Thus far, empirical studies have found little evidence of consistent gender, race, or class-based bias in judges in terms of the cases they dismiss.

Question 76

The prosecutor's authority to decide whether to bring a case to trial or to dismiss it outright is known as ________________.

Question 77

Some states have established courts to handle specific offenses such as gun crimes, drug crimes, and domestic violence. These are referred to as _______________________.

Question 78

A judge's attitudes, beliefs, and views can greatly influence other facets of the criminal justice system, including police officers.

Question 79

The chief legal officer and prosecutor of each state and of the United States is the ________________.

Question 80

The ________________ are the trial courts for the federal system.