Deck 12: Core Concepts of US Court Systems

Question 1

Over time, the prosecutor representing the state, the defense representing the accused, and the judge serving as legal referee of the proceedings, each comes to know the style of the other to the point where all can anticipate how a case will be processed. This is known as:

A) Subject matter jurisdiction
B) Courtroom workgroup
C) Hierarchical jurisdiction
D) Original jurisdiction

Answer 1

B

Question 2

Federal judges generally remain federal judges until they die or retire. This is known as:

A) Life tenure
B) Geographical jurisdiction
C) Hierarchical jurisdiction
D) Original jurisdiction

Answer 2

A

Question 3

A court with this jurisdiction is where a case begins.

A) Subject matter jurisdiction
B) Geographical jurisdiction
C) Hierarchical jurisdiction
D) Original jurisdiction

Answer 3

D

Question 4

Walsh and Hemmens believe that this type of attorney has five primary roles:

A) Prosecuting attorney
B) Attorney general
C) Defense attorney
D) Trial attorney

Question 5

These are also known as trial courts, in which a single judge presides over the proceedings.

A) Subject Matter jurisdiction
B) Geographical jurisdiction
C) Hierarchical jurisdiction
D) Original jurisdiction

Question 6

At hearings and trials, trial courts usually:

A) Hear testimony from witnesses and examine physical and scientific evidence
B) Make judgment about the credibility of the witnesses and other evidence
C) Reach a decision that resolves the facts that are in dispute
D) All of the above

Question 7

In this jurisdiction, a panel of judges reviews the transcripts from a trial court and the legal arguments offered by each party, to rule on whether the decision is in accordance with applicable law.

A) Original jurisdiction
B) Subject matter jurisdiction
C) Appellate jurisdiction
D) Hierarchical jurisdiction

Question 8

Appellate courts are concerned with:

A) Getting to the truth of the case
B) The interpretation and application of laws
C) Questions of fact and what actually occurred
D) All of the above

Question 9

Prosecutors go by many names in different states, including:

A) District attorneys
B) Commonwealth attorneys
C) State's attorneys
D) All of the above

Question 10

These people may exercise a great deal of discretion when making decisions like who to charge with which crimes, and whether to agree to a plea bargain or take a case to trial. They have the power to determine who will appear in court and on what charges. Because of this discretionary ability they are the most powerful of the primary court actors. Who are they?

A) Prosecutors
B) Judges
C) Defense attorneys
D) Clerks

Question 11

The five primary roles, as explained by Walsh and Hemmens, of a defense attorney include:

A) To ensure that the defendants' rights are not violated
B) To make sure the defendants know all of their options before they make a decision
C) To investigate and prepare the defense
D) All of the above

Question 12

Criminal offenses are broadly classified into two categories:

A) Felonies and misdemeanors
B) Major crimes and minor crimes
C) Petty and serious offenses
D) Large and small crimes

Question 13

Robbery is considered a:

A) Felony
B) Infraction
C) Petty crime
D) Misdemeanor

Question 14

Disorderly conduct is considered a:

A) Major crime
B) Felony
C) Petty crime
D) Misdemeanor

Question 15

When someone is arrested, the law requires that the person be taken before a neutral judicial officer for this, where the person is informed of the charges and possible penalties:

A) Hearing
B) Initial appearance
C) Trial
D) Judgment

Question 16

If the grand jury finds, by a simple majority vote, that there is probable cause to believe a person has committed the offense, what happens?

A) It issues an indictment and the case moves forward
B) It issues a no bill, and the case does not move forward
C) The accused person does not have to stand trial for the alleged offense
D) All of the above

Question 17

If the grand jury finds, by a simple majority vote, insufficient evidence to issue an indictment, what happens?

A) It issues an indictment and the case moves forward
B) It issues a no bill, the case does not move forward, and the accused person does not have to stand trial for the alleged offense
C) It issues a true bill
D) All of the above

Question 18

These are held in open court before a judge. Both the prosecution and the defense may present evidence and arguments.

A) Grand jury proceedings
B) Preliminary hearings
C) Initial appearance
D) Court

Question 19

If the defendant pleads not guilty, the case is scheduled for _________. If the defendant pleads guilty, then the case is scheduled for ____________.

A) Sentencing, trial
B) Plea bargain, trial
C) Trial, sentencing
D) Sentencing, plea bargain

Question 20

In this type of plea-bargaining, someone charged with eight counts of bank robbery may plea to one or two counts and face punishment just for those counts, rather than for all of the robberies.

A) Charge bargaining
B) Count bargaining
C) Sentence bargaining
D) Number bargaining

Question 21

In this type of plea-bargaining, someone charged with the felony of aggravated assault may plead guilty to a misdemeanor assault charge to avoid not only the felony conviction, but also the increased prison time that would come with the more serious charge.

A) Charge bargaining
B) Count bargaining
C) Sentence bargaining
D) Number bargaining

Question 22

In this type of plea-bargaining, someone facing the death penalty for a homicide might plead guilty to murder in exchange for a sentence of 25 years in prison with the possibility of parole thereafter.

A) Charge bargaining
B) Count bargaining
C) Sentence bargaining
D) Number bargaining

Question 23

Whatever form of plea bargaining is used, the plea agreement in any case must be agreed upon by the:

A) Prosecutor
B) Defense counsel
C) Defendant
D) All of the above

Question 24

This means that the defendant does not have to prove his or her innocence. Rather, the prosecutor bears the burden of proof to overcome or rebut the presumption of innocence by introducing sufficient evidence to prove the defendant guilty beyond a reasonable doubt.

A) Presumption of sanity
B) Presumption of innocence
C) Evidence
D) Trial

Question 25

All defendants are presumed to be legally responsible for their actions, unless they are proven not to be, at trial. This is known as:

A) Presumption of sanity
B) Presumption of innocence
C) Evidence
D) Trial

Question 26

Tangible things like clothes, weapons, drugs, documents are what type of evidence?

A) Testimony
B) Real or physical evidence
C) Scientific evidence
D) Demonstrative evidence

Question 27

The responses of sworn witnesses to the questions posed to them by attorneys or the judge are what type of evidence?

A) Testimony
B) Real or physical evidence
C) Scientific evidence
D) Demonstrative evidence

Question 28

The results of scientific or forensic testing on real or physical evidence is what type of evidence?

A) Testimony
B) Real or physical evidence
C) Scientific evidence
D) Demonstrative evidence

Question 29

Maps, photos, diagrams, computer simulations, and other aids designed for use at trial to help demonstrate some fact to the jury are what type of evidence?

A) Testimony
B) Real or physical evidence
C) Scientific evidence
D) Demonstrative evidence

Question 30

In an appeal, some minor legal errors were made that were unlikely to have affected the overall outcome of the case. This is called what, and what usually happens?

A) Harmless error and do not result in the reversal of a conviction
B) Prejudicial error and do not result in the reversal of a conviction
C) Reversible error and do result in an overturn of conviction
D) All of the above

Question 31

In an appeal, significant mistakes are found to have been made at trial that likely contributed to an unfair verdict. This is called what, and what usually happens?

A) Harmless error and do not result in the reversal of a conviction
B) Prejudicial error and overturn the conviction on that basis
C) Harmful error and do not result in the reversal of a conviction
D) All of the above

Question 32

The Supreme Court does make policy through the power of judicial review. Whether addressing injustices or inequalities, or issuing constitutional rulings, the decisions of the Supreme Court have the potential to shape:

A) Federal, state, and local laws
B) Criminal justice agency practices
C) Justice system policies
D) All of the above

Question 33

This view suggests that legal reasoning is an act of interpretation, involving the evaluation of arguments made by opposing parties.

A) Legal realism
B) Legal formalism
C) Legal instrumentalism
D) All of the above

Question 34

This view suggests that judges apply the relevant law to the relevant facts and arrive at a decision.

A) Legal realism
B) Legal formalism
C) Legal instrumentalism
D) All of the above

Question 35

This approach advocates that the law should be interpreted (and cases should be decided) in a way that distributes economic costs and benefits to promote economic efficiency and maximize wealth.

A) Law and economics
B) Jurisprudence of rights
C) Critical legal studies
D) Critical race theory

Question 36

In this approach, fairness for all, especially for those least able to protect their own rights and interests, is the guiding principle judges use when deciding cases under this approach.

A) Law and economics
B) Jurisprudence of rights
C) Critical legal studies
D) Critical race theory

Question 37

Based in neo-Marxist notions of power, this began in the late 1970s and gained influence since then. It argues that law is politics.

A) Law and economics
B) Jurisprudence of rights
C) Critical legal studies
D) Critical race theory

Question 38

Those who subscribe to this, most notably Ronald Dworkin (1977; 1986), argue the primary extralegal consideration that should guide judges is an ethics of "rights." This school of thought advocates going beyond the text of constitutions or statutes to examine the moral implications of the adjudication process.

A) Law and economics
B) Jurisprudence of rights
C) Critical legal studies
D) Critical race theory

Question 39

This approach focuses on the experiences of racial and ethnic minorities with the legal system.

A) Law and economics
B) Jurisprudence of rights
C) Critical legal studies
D) Critical race theory

Question 40

The primary function of trial courts is to resolve factual disputes.

Question 41

The trial courts of original jurisdiction in the federal system are called Federal District Courts.

Question 42

Like trial courts, appellate courts conduct trials and make factual determinations about the events surrounding an alleged criminal offense.

Question 43

The federal system also has a high court of last resort, the U.S. Supreme Court, which is the final arbitrator of all cases concerning questions of federal law and constitutional interpretation.

Question 44

Over time, the prosecutor representing the state, the defense representing the accused, and the judge serving as legal referee of the proceedings, each comes to know the style of the other to the point where all can anticipate how a case will be processed.

Question 45

The police's primary role is to serve as a referee, enforcing the rules of procedure and evidence.

Question 46

In the federal system, all judges are nominated by the President and must be confirmed by a majority vote of the U.S. Senate.

Question 47

Crimes are considered offenses against the state.

Question 48

In the federal system, each federal district has a chief prosecutor called the U.S. Attorney.

Question 49

Prosecutors may exercise a great deal of discretion when making decisions like who to charge with which crimes, and whether to agree to a plea bargain or take a case to trial.

Question 50

The Sixth Amendment was originally intended to protect wealthy people from being told that they could not hire lawyers to represent them.

Question 51

Criminal offenses are broadly classified into two categories - major and minor.

Question 52

Misdemeanor cases are often handled less formally than felonies.

Question 53

In more than 75% of all misdemeanor cases, a defendant pleads guilty to the offense charged at the initial appearance.

Question 54

Before standing trial on felony charges, an accused has the right to have the evidence against him or her reviewed to make sure that there is sufficient evidence to warrant moving forward with a trial.

Question 55

Very few cases brought to a grand jury result in an indictment that sends the case forward.

Question 56

A defendant may not even know that a grand jury is investigating his or her alleged involvement in a crime.

Question 57

Unlike grand jury proceedings, preliminary hearings are held in open court before a judge. Both the prosecution and the defense may present evidence and arguments.

Question 58

There are constitutional rights to discovery in criminal cases.

Question 59

Contrary to the jury trials favored in television and film portrayals, the vast majority of criminal cases never go to trial. Rather, they are resolved by a plea bargain.

Question 60

Sentence bargaining occurs when a defendant pleads guilty to the crime originally charged, but does so in exchange for a lesser sentence than would likely have been imposed if the defendant had been convicted at trial.

Question 61

In criminal justice the most important motion that can be made before a trial is the motion to suppress.

Question 62

Jury selection is a complicated process that varies significantly, not only from state to state, but even from courtroom to courtroom within the same courthouse.

Question 63

In most states, criminal juries are comprised of 15 petit jurors.

Question 64

The ultimate goal of a criminal trial is to reach a verdict.

Question 65

In criminal cases, the two possible outcomes are either "guilty" or "not guilty."

Question 66

If the jury cannot reach consensus to agree on a verdict, a judge may declare a hung jury, which results in the jury being discharged and the case being retried or dismissed.

Question 67

If a defendant is not convicted, the trial court judge must sentence the defendant to some sort of criminal punishment.

Question 68

The executive branch exercises a significant role in the sentencing process through the recommendations of the prosecutor.

Question 69

While sentencing is technically a part of the judicial process, all three branches of government play a role in the process.

Question 70

Prejudicial or reversible error and overturning the conviction on that basis occurs often.

Question 71

After an initial appeal is decided, subsequent appeals to even higher levels of appellate courts are not guaranteed as a matter of right.

Question 72

The U.S. Supreme Court typically hears only 80 to 90 cases each year, rejecting between 7,000 and 15,000 other petitions that the Court receives each year.

Question 73

The courts have frequently been the branch of government to which minority groups have turned, often successfully, in their struggles for equality.

Question 74

Law is a language, not simply a collection of rules.

Question 75

Legal formalism allows for there to be many answers.

Question 76

Legal process theories tried to harmonize legal formalism and legal realism.

Question 77

Critical race theory focuses on the experiences of racial and ethnic minorities with the legal system.

Question 78

Critical and postmodern theories remain controversial and out of the mainstream.

Question 79

Talk About:
-Critical race theory

Question 80

Talk About:
-Presumption of sanity