Deck 9: Court Organization: Structure, Functions, and Trial Process

Question 1

One characteristic of our adversarial court system is the use of ______ to test evidence.

A) sophisticated technology
B) bargaining
C) cross-examination of witnesses
D) policy making

Answer 1

C

Question 2

What does it mean that a prisoner's petition to the court has standing?

A) The inmate can appear in court.
B) The inmate has a valid complaint.
C) The inmate used proper format in the petition.
D) The petition is based on legal precedent.

Answer 2

B

Question 3

In 2015, the U.S. Supreme Court decided in Obergefell v. Hodges that same-sex marriage is a constitutional right. This ruling made same-sex marriage legal in the entire U.S., including the 13 states that still banned same-sex couples from marrying. This is an example of the court engaging in ______.

A) policy making
B) legislating
C) executing statutes
D) bargaining

Answer 3

A

Question 4

What is a court's legal authority to hear and decide a particular type of case called?

A) jurisdiction
B) venue
C) case equity
D) autonomy

Question 5

Each of the following are example of specialty courts EXCEPT ______.

A) mental health
B) family
C) appellate
D) veterans

Question 6

At which level of court would a murder trial be held?

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

Question 7

Which of the following is described as the workhorse of the federal judiciary?

A) courts of limited jurisdiction
B) courts of general jurisdiction
C) U.S. district courts
D) state supreme court

Question 8

Which courts stand between trial courts and courts of last resort?

A) intermediate court of appeal
B) district court
C) state supreme court
D) courts of limited jurisdiction

Question 9

The workload of the lower courts is divided into each of the following EXCEPT ______.

A) felony criminal cases
B) nonfelony criminal cases
C) civil cases
D) appeals

Question 10

The more serious criminal violations are heard in which type of trial courts?

A) trial courts of general jurisdiction
B) trial courts of limited jurisdiction
C) district courts
D) state supreme courts

Question 11

Who nominates district judges?

A) president
B) senator
C) judge
D) governor

Question 12

What is the shared characteristic of states without an intermediate court of appeals?

A) They have larger populations but few appeals.
B) They have smaller populations and few appeals.
C) They are generally more conservative states.
D) They are generally more liberal states.

Question 13

In Tehan v. U.S. ex rel. Shott (1966), the U.S. Supreme Court said the purpose of a trial was to ______.

A) seek justice
B) punish wrongdoers
C) hear both sides
D) determine the truth

Question 14

What term describes a legal system in which there is a contest between two opposing sides?

A) adversarial system
B) consensus system
C) conflict system
D) united court system

Question 15

At which level of court would a trial for a nonfelony case be held?

A) lower courts
B) state appellate court
C) federal appellate court
D) state supreme court

Question 16

For how long do district judges serve?

A) 2 years
B) 15 years
C) 30 years
D) life

Question 17

Which is the highest court in the nation?

A) Supreme Court
B) Court of General Jurisdiction
C) Court of Limited Jurisdiction
D) Appellate Court

Question 18

Why are the courts so frequently asked to deal with controversial public policy issues?

A) Both the executive and legislative branches of government prefer the judicial branch to make the decisions.
B) The issues in and of themselves are controversial.
C) The legislative branch does not write the laws well enough to avoid litigation.
D) The courts must interpret the vague language of Constitutional limitations on government.

Question 19

What is the four-tiered federal system that includes supreme courts, circuit courts of appeal, district courts, and magistrate courts?

A) federal court system
B) appellate court system
C) dual court system
D) adversarial system

Question 20

The United States has a ______ court system, which includes both a state and federal court system.

A) single
B) coordinating
C) dual
D) complementary

Question 21

Bryce was charged with first degree murder. Through his attorney, he offers to plead guilty to manslaughter in exchange for a lesser sentence. What preconviction process is he engaging in?

A) charge bargaining
B) count bargaining
C) offer bargaining
D) nolo contendere bargaining

Question 22

What happens at the initial appearance if the judge does not believe there is enough evidence to establish probable cause?

A) The case is dismissed.
B) The case is returned to the prosecutor.
C) The case is returned to the police department.
D) The case continues to the arraignment.

Question 23

There is one ______ in each district.

A) district clerk
B) assistant public defender
C) assistant state's attorney
D) U.S. attorney

Question 24

How many Supreme Court justices are there?

A) 5
B) 7
C) 9
D) 12

Question 25

Both the arraignment and the initial appearance require the accused to appear in court, and in both cases, the accused will be advised of their rights. How are these two formal proceedings different?

A) Bail is set in the arraignment, not the initial appearance.
B) The accused is less likely to have legal representation at the arraignment, but usually has an attorney at the initial appearance.
C) The initial appearance happens before the accused is formally charged; the arraignment happens after formal charges are filed.
D) Judges can only dismiss the case for a lack of probable cause at an arraignment.

Question 26

Prosecutors and defense attorneys are given a set number of ______, which allows them to dismiss a potential juror without specifying a reason.

A) disqualifiers
B) random challenges
C) peremptory challenges
D) for cause challenges

Question 27

A prosecutor discovers possible exculpatory evidence about the defendant but decides to withhold that evidence so that the defense will be at a disadvantage. Which of the following is a way that some jurisdictions have sought to ensure the fair exchange of information between parties?

A) The appointment of a judge to oversee the exchange of information.
B) A requirement that prosecutors and defense attorneys provide copies of all their information to one another.
C) Regulations that require the disbarment of any attorney that fails to share exculpatory evidence.
D) The appointment of an objective skilled attorney to serve as a "discovery master" and monitor the information exchange.

Question 28

A criminal defendant is NOT entitled to a jury trial when they are ______.

A) juveniles being charged in adult court for a felony offense
B) juveniles being charged with first-degree murder with the death penalty as an option
C) charged with any misdemeanor offense
D) charged with misdemeanors with a penalty of less than 6 months in jail

Question 29

The exchange of evidence between prosecutor and defense attorney prior to trial, with the goal of promoting a fair trial, is known as ______.

A) disclosure
B) exchanged evidence
C) exculpatory evidence
D) discovery

Question 30

Which federal court is the last word on legal issues for a majority of federal cases?

A) State Appeals Court
B) U.S. District Court
C) U.S. Supreme Court
D) Circuit Court of Appeals

Question 31

How long is the U.S. Supreme Court's term?

A) 9 months
B) 12 months
C) 6 months
D) 3 month

Question 32

What is the court that serves as an intermediate court between the U.S. District Court and the U.S. Supreme Court?

A) Circuit Court of Appeals
B) Courts of General Jurisdiction
C) Courts of Limited Jurisdiction
D) Courts of Intermediate Jurisdiction

Question 33

In the State Court system, the Intermediate Court of Appeals have appellate jurisdiction. What is the federal equivalent to the state Intermediate Court of Appeals?

A) U.S. District Courts
B) U.S. Circuit Courts
C) U.S. Supreme Court
D) U.S. Court of Last Resort

Question 34

What is the formal document prepared by the prosecutor that enumerates all charges against the defendant called?

A) information
B) indictment
C) plea bargain
D) petition

Question 35

At which hearing does the judicial officer determine whether probable cause is sufficient against the accused to proceed to trial?

A) initial appearance
B) preliminary hearing
C) arraignment
D) bond hearing

Question 36

What is a key difference between a grand jury and a preliminary hearing?

A) In the grand jury, the formal charge is issued by the judge, not the prosecutor.
B) The defense offers evidence to the judge at a preliminary hearing, but is not present at the grand jury proceedings.
C) Preliminary hearings are more secretive than grand jury proceedings.
D) Grand jury proceedings determine guilt, whereas preliminary hearings only determine probable cause.

Question 37

What is exculpatory evidence?

A) evidence that could be damaging to the defense
B) evidence that could exonerate the defendant
C) any evidence presented at trial
D) any evidence excluded from trial

Question 38

A defendant pleads guilty to two counts of theft. In exchange, the prosecutor dismisses the remaining four counts of theft in the indictment. This is an example of which type of plea bargaining?

A) sentence bargaining
B) charge bargaining
C) count bargaining
D) negotiated bargaining

Question 39

There are ______ district courts.

A) 25
B) 50
C) 94
D) 102

Question 40

Which of the following cases would be most likely to be under the jurisdiction of a U.S. district court?

A) A person was convicted of a federal drug crime and has appealed their case.
B) A person brought a case against a public university because she claims her constitutional rights have been violated.
C) A person was charged with a federal crime for transporting large quantities of drugs across state lines.
D) A person was ticketed for speeding.

Question 41

At what point in the trial does the prosecutor outline the facts he or she is attempting to prove at trial?

A) at the prosecution's case
B) during the opening statements
C) at the prosecution rebuttal
D) during the cross-examination

Question 42

Approximately what percentage of criminal convictions are obtained through plea bargaining?

A) 60%
B) 70%
C) 80%
D) 90%

Question 43

Which of the following examples might lead a court to believe that an individuals' right to a speedy trial was violated in the state courts?

A) The prosecution delayed the trial because a key witness was unavailable.
B) The trial has been delayed for six months from the date of arrest.
C) The trial has been delayed for two years after the date of arrest because the defense team benefitted from the delay.
D) The prosecution delayed the trial unnecessarily in order to help their own case, during which time a key defense witness passed away.

Question 44

What term describes all of the steps in the adjudicatory process, from indictment or charge to conviction or acquittal?

A) pre-trial process
B) trial process
C) trial protocol
D) trial deliberations

Question 45

Each of the following is part of the judge's instructions to the jury EXCEPT ______.

A) strength of evidence
B) relevant laws pertaining to the case
C) what cannot be held against the defendant
D) explaining presumption of innocent and meaning of proof beyond a reasonable doubt

Question 46

Why do criminal trials generally have 12 jurors and 2 alternate jurors?

A) The Williams v. Florida decision mandated that number.
B) This number reduces the likelihood that there will be a hung jury.
C) It was a historical accident that has been maintained through tradition.
D) It is the number required by federal law.

Question 47

At his arraignment, Roger entered a plea of "not guilty." What will happen next?

A) He will go to trial.
B) He will have an initial appearance with his attorney.
C) He will be offered a plea bargain.
D) He will be appointed a new attorney.

Question 48

What right to counsel do indigent defendants have with regard to filing an appeal?

A) They have no right to appointed counsel for appeals.
B) They have an unlimited right to appointed counsel for appeals.
C) They have the right to counsel for up to two appeals.
D) They have the right to appointed counsel for the first appeal.

Question 49

In 1999, a teenager named Hae Min Lee was found brutally murdered. Shortly afterwards, her ex-boyfriend, Adnan Syed, was arrested and indicted by a grand jury. Prior to the trial, the defense filed an omnibus request for discovery, or an exchange of information, from the prosecution, as all they knew was Hae had been murdered and an unnamed person had implicated Syed. Which of the following terms describes this process?

A) pretrial relief
B) pretrial release
C) pretrial detention
D) pretrial motion

Question 50

All of the following are true of pretrial release, EXCEPT that it ______.

A) helps the defendant maintain their family and community ties
B) makes it easier for prosecutors to question and investigate the defendant
C) makes it easier for defendants to assist in their defense
D) helps alleviate overcrowding in jails

Question 51

All of the steps in the adjudicatory process are called ______.

A) arrest process
B) sentencing process
C) trial process
D) sentencing process

Question 52

What is the penalty for violating a defendant's right to a speedy trial?

A) The case is dismissed.
B) The prosecutor is held in contempt of court.
C) The charges are automatically reduced.
D) A plea bargain is automatically issued.

Question 53

Which plea will ensure that a case goes to trial, unless plea bargaining takes place?

A) nolo contendere
B) guilty
C) not guilty
D) Alford plea

Question 54

How long does the jury deliberate?

A) until they reach a verdict
B) a maximum of 5 days
C) a maximum of 10 days
D) a maximum of 20 days

Question 55

Which of the following would NOT be included in a judge's instructions to the jury?

A) admonition that guilt must be proven beyond a reasonable doubt
B) general comments regarding the presumption of innocence
C) suspicions regarding why a defendant did not testify in his defense
D) relevant law that is applicable to the case

Question 56

Each of the following is a potential sentence a judge may impose on a guilty person EXCEPT ______.

A) parole
B) probation
C) prison
D) financial sanctions

Question 57

What is one difference between challenges for cause and peremptory challenges in the juror selection process?

A) Prosecutors use challenges for cause, while defense attorneys use peremptory challenges.
B) Prosecutors and defense attorneys have unlimited challenges for cause, but only have a limited number of peremptory challenges.
C) Peremptory challenges are only available to the judge, whereas challenges for cause are available to both prosecutors and defense attorneys.
D) Challenges for cause were used in colonial courtrooms, whereas peremptory challenges are preferred in the modern courtroom.

Question 58

What is a difference between a pre-plea process and a post-plea process for specialty courts?

A) Charges are dropped for successful completion of a pre-plea diversion program, whereas guilty pleas are vacated for post-plea programs.
B) Post-plea processes are not eligible for diversion programs until they are convicted and serve 10% of their original sentence.
C) If the diversion program is not completed, defendants in pre-plea programs will go to trial, while defendants in post-plea programs will go to jail.
D) Pre-plea programs are only available for nonviolent offenders, whereas post-plea programs are eligible for some violent offenses.

Question 59

What preconviction process benefits the defense by avoiding the risk of a harsher punishment and benefits the prosecution by avoiding the risk of acquittal?

A) plea bargaining
B) pretrial release
C) pretrial detention
D) peremptory challenges

Question 60

At what stage of the pretrial process is the accused fingerprinted, photographed, and questioned?

A) booking
B) initial appearance
C) pretrial release
D) preliminary hearing

Question 61

What is the difference between cross-examination and redirect?

A) A redirect is only available to prosecutors, while cross-examination is available to both the prosecution and the defense.
B) A redirect is only available if the defendant has pled guilty.
C) Redirection is the reexamination of a witness that occurs after the other party has completed cross-examination.
D) Redirects are only available during the appeals process.

Question 62

Which of the following situations might result in a reversal of conviction on appeal?

A) After the prosecution rests its case, the defense attorney makes a motion to dismiss all charges.
B) During the closing argument, the prosecutor said, "Deep down, you all know that people of the defendant's race are naturally more likely to be criminals."
C) During cross examination of a rape victim, the defense attorney implies that the victim may lied when she claimed she did not consent to sex.
D) After the closing arguments, the judge instructs the jury that the defendant's guilt must be proven beyond a reasonable doubt.

Question 63

What court technology enables court services to be centralized for improved efficiency?

A) tablet devices
B) videoconferencing
C) electronic filing
D) digital recording

Question 64

All states have both an intermediate court of appeals and a court of last resort.

Question 65

Policy decisions of the courts do not affect most Americans in their day-to-day lives.

Question 66

What do judges emphasize to jurors during preliminary instructions?

A) The jury should not assume the defendant is guilty if they did not testify.
B) The applicable law to the case and the possible verdicts.
C) The defendant is presumed innocent until proven guilty.
D) In order to decide on a guilty verdict, the jury must find that the defendant is guilty beyond a reasonable doubt.

Question 67

After the prosecution rested, James's attorneys chose not to present a case at all. Instead, they rested their case as well and began preparing for closing arguments. Which of the following is likely true in this circumstance?

A) The defense believes that the prosecution failed to prove their case beyond a reasonable doubt.
B) If James is convicted, his conviction will be overturned because the defense attorney failed to present a case.
C) The judge has granted a defense motion to dismiss the trial.
D) The defense believes that the prosecution's case is so strong, there is no reason to attempt a defense.

Question 68

Which of the following is an ultimate goal of achieving "Paper on Demand" for courts in the United States?

A) to cut staff needed for filing and organizing paper files
B) to ensure that there are no more lost files
C) to increase the speed with which files can be submitted to journalists and researchers
D) to ensure that European courts are not more advanced than American courts

Question 69

Only those attorneys who have secured admission to the Supreme Court bar may argue a case before the U.S. Supreme Court.

Question 70

Trial courts of limited jurisdiction have the authority to handle arraignments and preliminary hearings for felony cases.

Question 71

What is notable about the fact that the prosecutor is first to make opening statements during a trial?

A) It is intended to give defense attorneys a chance to hear the prosecution's case to better prepare their defense.
B) The order is an example of how arbitrary common law norms can become tradition.
C) It is one example of how the court system is biased in favor of the prosecution.
D) In our criminal justice system, prosecutors have the burden of proof and must prove their case beyond a reasonable doubt.

Question 72

The U.S. Supreme Court is in session from September of each year until the end of May the following year.

Question 73

What is another term for "charging the jury"?

A) prosecution rebuttal
B) jury selection
C) preliminary instructions
D) jury instructions

Question 74

All state supreme courts have a limited amount of original jurisdiction.

Question 75

What is one common factor that has been important in all of the examples of expanding technologies in the courtroom?

A) the passage of laws mandating that courts become more efficient
B) the large caseloads have pushed courts to search for ways to process cases more quickly
C) there has been considerable public pressure to modernize courts
D) equipment, devices, and software have all become more affordable in recent years

Question 76

Felony cases that go to trial will be heard in trial courts of general jurisdiction.

Question 77

Trial courts of general jurisdiction have the legal authority to decide all matters not specifically delegated to lower courts.

Question 78

There is at least one district court in each state.

Question 79

If the appellate court overturns a conviction, the new trial is held in the state intermediate court of appeals.

Question 80

Which of the following is true regarding the jury deliberation and verdict?

A) A unanimous verdict is required in most states, but is not required by the Constitution.
B) A jury is required to deliberate for at least 5 hr in order to ensure that the decision regarding guilt and innocence are not made lightly.
C) A jury verdict can be appealed by the prosecutor if the defendant is found not guilty.
D) If jurors find the defendant guilty on some charges, but not guilty on others, then the case must be re-tried.