Deck 26: Judges and Justice in the States

Question 1

The practice of some state courts using the bill of rights in their state constitutions to provide more protection for some rights than is provided by the Supreme Court's interpretation of the Bill of Rights in the U.S.Constitution is called

A)writ of habeas corpus.
B)new judicial federalism.
C)misdemeanor.
D)original jurisdiction.
E)felony.

Answer 1

B

Question 2

With respect to advisory opinions, state judges are giving the court's view about a constitutional or legal issue.

Answer 2

True

Question 3

In most states, misdemeanors are handled by justices of the peace.

Answer 3

False

Question 4

An arrangement whereby the judge assigns a member of the bar to provide counsel to a particular defendant is called

A)an information affidavit.
B)an indictment.
C)the assigned counsel system.
D)pro bono.
E)the public defender system.

Question 5

Which of the following is NOT considered to be a trial court of original jurisdiction?

A)Circuit court
B)District court
C)Appellate court
D)Common pleas court
E)County court

Question 6

Procedures that substitute for formal trials including mediation, arbitration, conciliation, private judging, and advisory settlement conferences are called

A)judicial reviews.
B)advisory opinions.
C)Missouri Plans.
D)alternative dispute resolution.
E)recidivists.

Question 7

All states have a court of last resort.

Question 8

The Missouri plan is defined as procedures that substitute for formal trials including mediation, arbitration, conciliation, private judging, and advisory settlement conferences.

Question 9

Certification by a public prosecutor that there is evidence to justify bringing named individuals to trial is called

A)an information affidavit.
B)an indictment.
C)the assigned counsel system.
D)pro bono.
E)the public defender system.

Question 10

Groups that monitor courts to see that judges are not too easy on defendants are called

A)liberal-watchers.
B)conservative-monitors.
C)group-watchers.
D)court-watchers.
E)justices of the peace.

Question 11

Current ways of selecting state judges include all of the following EXCEPT

A)appointment by the governor.
B)election by the legislature.
C)popular election.
D)Missouri merit plan.
E)election by the State Bar Association.

Question 12

If you are an attorney and your work is pro bono, it means that

A)you are not being paid.
B)you are being paid by the state.
C)you are only charging half your normal rate.
D)you are working for multiple defendants in the same case.
E)you have disclosed that you have some connection, personal or professional, with the presiding judge.

Question 13

A repeat offender is called

A)judicial review.
B)an advisory opinion.
C)the Missouri Plan.
D)an alternative dispute resolution.
E)a recidivist.

Question 14

What type of incarceration facility houses the most prisoners?

A)Federal prisons
B)State prisons
C)Local jails
D)Military facilities
E)Juvenile facilities

Question 15

What is a misdemeanor?

A)A court order requiring explanation to a judge why a prisoner is being held
B)The practice of some state courts using the bill of rights in their state constitutions to provide more protection for some rights than is provided by the Supreme Court's interpretation of the Bill of Rights in the U.S.Constitution
C)A minor crime; the penalty is a fine or imprisonment for a short time, usually less than a year, in a local jail
D)The authority of a court to hear a case "in the first instance"
E)A serious crime, the penalty for which can range from imprisonment in a penitentiary for more than a year to death

Question 16

All of the following are true concerning prosecutors EXCEPT

A)there are approximately 2,344 chief prosecutors in the United States.
B)they may choose to divert cases out of the criminal justice system.
C)they may decide to charge or not to charge.
D)they have little leeway in dismissing charges.
E)they are subject to political pressure.

Question 17

The practice of some state courts using the bill of rights in their state constitutions to provide more protection for some rights than is provided by the Supreme Court's interpretation of the Bill of Rights in the U.S.Constitution is called new judicial federalism.

Question 18

An opinion unrelated to a particular case that gives a court's view about a constitutional or legal issue is called

A)a judicial review.
B)an advisory opinion.
C)the Missouri Plan.
D)alternative dispute resolution.
E)a recidivist.

Question 19

More than eighty-five percent of all state and local judges are selected by means of

A)popular election.
B)legislative election.
C)gubernatorial appointment.
D)a merit plan.
E)the Missouri plan.

Question 20

The Missouri Plan is defined as

A)the power of a court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the U.S.Constitution or, in a state court, the state constitution.
B)an opinion unrelated to a particular case that gives a court's view about a constitutional or legal issue.
C)a system for selecting judges that combines features of the appointive and elective methods.
D)procedures that substitute for formal trials including mediation, arbitration, conciliation, private judging, and advisory settlement conferences.
E)a repeat offender.

Question 21

A minor crime, the penalty for which is a fine or imprisonment for a short time, usually less than a year, in a local jail is called a(n)

A)writ of habeas corpus.
B)new judicial federalism.
C)misdemeanor.
D)original jurisdiction.
E)felony.

Question 22

Most of the nation's judicial business is conducted by

A)federal courts.
B)federal circuit courts.
C)state and municipal judges.
D)the U.S.Supreme Court.
E)justices of the peace.

Question 23

The public defender system is an arrangement whereby the judge assigns a member of the bar to provide counsel to a particular defendant.

Question 24

Municipal courts may function as all of the following EXCEPT

A)traffic courts.
B)family courts.
C)courts of appeal.
D)small claims courts.
E)police courts.

Question 25

In some instances procedures that substitute for formal trials including mediation, arbitration, conciliation, private judging, and advisory settlement conferences are preferable to an actual trial.

Question 26

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

A)the writ of habeas corpus.
B)new judicial federalism.
C)a misdemeanor.
D)original jurisdiction.
E)a felony.

Question 27

All of the following are among the various trial courts of original jurisdiction, EXCEPT

A)county courts.
B)circuit courts.
C)superior courts.
D)district courts.
E)courts of appeal.

Question 28

Judicial elections have gained more attention recently because interest groups focus attention on judges whose decisions they find objectionable.

Question 29

There are approximately 2,300 chief prosecutors in the United States.

Question 30

New judicial federalism is defined as what?

A)A court order requiring explanation to a judge why a prisoner is being held.
B)The practice of some state courts using the bill of rights in their state constitutions to provide more protection for some rights than is provided by the Supreme Court's interpretation of the Bill of Rights in the U.S.Constitution.
C)A minor crime; the penalty is a fine or imprisonment for a short time, usually less than a year, in a local jail.
D)The authority of a court to hear a case "in the first instance."
E)A serious crime, the penalty for which can range from imprisonment in a penitentiary for more than a year to death.

Question 31

More people are in prison in the U.S.than in any other country in the world.

Question 32

It is difficult to generalize about state courts because

A)there are secrecy laws forbidding close inspection of state court systems.
B)there are so many different systems.
C)many are internally contradictory.
D)state court structures change every year.
E)state courts are dominated by change agents.

Question 33

Which of the following states' court system does NOT directly appeal trial court decisions to the state supreme court?

A)Maine
B)Montana
C)North Dakota
D)Rhode Island
E)West Virginia

Question 34

Decisions that are tried de novo are those which are tried

A)using testimony and evidence presented in the minor courts.
B)without reference to what happened in the minor courts.
C)for the first time.
D)to determine sentencing only.
E)when they are new.

Question 35

With respect to advisory opinions, state judges are

A)giving the court's view about a constitutional or legal issue.
B)more constrained than federal judges.
C)expected to offer them whenever a new law passes.
D)prohibited by state law in all fifty states.
E)offering political, rather than professional, opinions.

Question 36

In California, at what age do offenders move from juvenile court jurisdiction into the regular court system?

A)15
B)16
C)17
D)18
E)21

Question 37

In how many states can the state supreme court give advisory opinions (unrelated to a particular case, that gives a court's view about a constitutional or legal issue) at the request of the legislature or governor?

A)3
B)5
C)7
D)9
E)11

Question 38

Which of the following is true about the justice of the peace system?

A)It is still used in Massachusetts.
B)It is still used in most urban areas.
C)It is being gradually phased out.
D)Most rural areas phased it out in the 1980s.
E)It is no longer used in Arkansas and Louisiana.

Question 39

Of the various types of courts, which courts not only apply the law but participate in shaping law and public policy?

A)Appellate courts
B)District courts
C)Superior courts
D)Probate courts
E)Common pleas courts

Question 40

Original jurisdiction refers to what?

A)A court order requiring explanation to a judge why a prisoner is being held.
B)The practice of some state courts using the bill of rights in their state constitutions to provide more protection for some rights than is provided by the Supreme Court's interpretation of the Bill of Rights in the U.S.Constitution.
C)A minor crime; the penalty is a fine or imprisonment for a short time, usually less than a year, in a local jail.
D)The authority of a court to hear a case "in the first instance."
E)A serious crime, the penalty for which can range from imprisonment in a penitentiary for more than a year to death.

Question 41

If you want to run for a judicial office in Wisconsin and receive state money for your campaign, to what must you agree?

A)To keep your spending to $215,000 or less
B)To match the state money dollar for dollar
C)To limit the amount you spend on media (television, print, etc.)
D)To limit the amount you take from PACs
E)To refrain from negative campaigning against your opponent

Question 42

A system for selecting judges that combines features of the appointive and elective methods is called

A)judicial review.
B)an advisory opinion.
C)the Missouri Plan.
D)alternative dispute resolution.
E)a recidivist.

Question 43

In which state did a supreme court candidate run and win on a platform that stated the theory of evolution could NOT be true?

A)Georgia
B)Mississippi
C)Idaho
D)Illinois
E)Kentucky

Question 44

Courts that administer estates and handle matters related to wills are called

A)trial courts.
B)probate courts.
C)appellate courts.
D)civil courts.
E)statutory courts.

Question 45

An advisory opinion is defined as

A)the power of a court to refuse to enforce a law or a government regulation that, in the opinion of the judges, conflicts with the U.S.Constitution (or, in a state court, the state constitution).
B)an opinion unrelated to a particular case that gives a court's view about a constitutional or legal issue.
C)a system for selecting judges that combines features of the appointive and elective methods.
D)procedures that substitute for formal trials including mediation, arbitration, conciliation, private judging, and advisory settlement conferences.
E)a repeat offender.

Question 46

A felony is defined as what?

A)A court order requiring explanation to a judge why a prisoner is being held.
B)The practice of some state courts using the bill of rights in their state constitutions to provide more protection for some rights than is provided by the Supreme Court's interpretation of the Bill of Rights in the U.S.Constitution.
C)A minor crime; the penalty is a fine or imprisonment for a short time, usually less than a year, in a local jail.
D)The authority of a court to hear a case "in the first instance."
E)A serious crime, the penalty for which can range from imprisonment in a penitentiary for more than a year to death.

Question 47

Which state(s) provide(s) public financing for some judicial elections?

A)Wisconsin
B)North Carolina
C)New Mexico
D)All of the above
E)None of the above

Question 48

The power of a court to refuse to enforce a law or a government regulation that, in the opinion of the judges, conflicts with the U.S.Constitution (or, in a state court, the state constitution) is called

A)judicial review.
B)an advisory opinion.
C)the Missouri Plan.
D)alternative dispute resolution.
E)a recidivist.

Question 49

Judicial review is defined as

A)the power of a court to refuse to enforce a law or a government regulation that, in the opinion of the judges, conflicts with the U.S.Constitution (or, in a state court, the state constitution)
B)an opinion unrelated to a particular case that gives a court's view about a constitutional or legal issue.
C)a system for selecting judges that combines features of the appointive and elective methods.
D)procedures that substitute for formal trials including mediation, arbitration, conciliation, private judging, and advisory settlement conferences.
E)a repeat offender.

Question 50

In most states misdemeanors are handled by

A)traffic courts.
B)justices of the peace.
C)courts of appeal.
D)municipal courts.
E)minor courts.

Question 51

Under the Missouri Plan, retention elections are held that

A)force a large number of judges from the bench.
B)allow voters to select judges from a field of candidates.
C)generate high voter interest and high turnouts.
D)affirm gubernatorial judicial selections.
E)allow legislatures to overturn gubernatorial judicial selections.

Question 52

The authority of a court to hear a case "in the first instance" is called

A)the writ of habeas corpus.
B)new judicial federalism.
C)a misdemeanor.
D)original jurisdiction.
E)a felony.

Question 53

In most states felonies are tried in

A)trial courts.
B)probate courts.
C)appellate courts.
D)civil courts.
E)statutory courts.

Question 54

In which states are judges elected by the legislature?

A)North Carolina and Alabama
B)South Carolina and Virginia
C)New Mexico and Oklahoma
D)North Dakota and South Dakota
E)Utah and Colorado

Question 55

State judges are

A)constrained by the doctrine of federalism.
B)more likely to exercise judicial restraint than are Supreme Court justices.
C)most often elected and have limited terms.
D)less deeply involved in the affairs of other branches of government than is the United States Supreme Court.
E)most often appointed by governors.

Question 56

Groups that monitor courts to see that those charged with crimes are treated fairly are called

A)liberal-monitors.
B)conservative-watchers.
C)group-watchers.
D)court-watchers.
E)justices of the peace.

Question 57

How many states have retention elections for state judges?

A)19
B)15
C)13
D)8
E)5

Question 58

What percentage of all state and local judges face elections?

A)65%
B)70%
C)75%
D)80%
E)85%

Question 59

Which state's supreme court prohibited judicial candidates from soliciting campaign contributions, declaring their party affiliation, or publicly voicing their positions on controversial issues?

A)Alabama's
B)Ohio's
C)Minnesota's
D)Michigan's
E)Georgia's

Question 60

Judges are appointed in four different ways.Which of the following is NOT among them?

A)Appointment by the circuit court under which the state falls
B)Appointment by the governor
C)Election by the legislature
D)Popular election
E)Via the Missouri Plan

Question 61

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; also called a true bill.
C)an arrangement whereby the judge assigns a member of the bar to provide counsel to a particular defendant.
D)to serve the public good; a term used to describe work that lawyers (or other professionals) do for which they receive no fees.
E)an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.

Question 62

A formal written statement from a grand jury charging an individual with an offense, also called a true bill ,is called

A)an information affidavit.
B)an indictment.
C)the assigned counsel system.
D)pro bono.
E)the public defender system.

Question 63

A prosecutor may perform all of the following duties EXCEPT

A)divert the matter out of the criminal justice system.
B)dismiss charges.
C)assign an attorney to the defendant.
D)take the matter to a grand jury.
E)file an information affidavit.

Question 64

Prosecutors benefit from the plea bargain system in every way EXCEPT

A)they are able to dispose of cases quickly.
B)they avoid long and drawn-out trials.
C)they eliminate the risk of losing.
D)they build up better conviction records.
E)they are certain that justice is served.

Question 65

What percentage of judges on state courts is women?

A)10%
B)12%
C)16%
D)26%
E)36%

Question 66

Approximately how many chief prosecutors (also called county attorneys or district attorneys) are there in the U.S.?

A)1500
B)1800
C)2400
D)2700
E)2900

Question 67

An arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys is known as

A)an information affidavit.
B)an indictment.
C)the assigned counsel system.
D)pro bono.
E)the public defender system.

Question 68

The position of prosecutor is one the U.S.adopted from

A)England.
B)France.
C)Germany.
D)Spain.
E)No one; it is a largely U.S.invention

Question 69

How many state judges are minorities?

A)6
B)9
C)12
D)17
E)19

Question 70

The public defender system first began in 1914 in

A)New York.
B)Los Angeles.
C)Chicago.
D)Miami.
E)Boston.

Question 71

How do evaluation committees in judicial elections disseminate the information they collect?

A)Through newspaper supplements
B)Through public-service television spots
C)Through direct-mail brochures
D)All of the above
E)None of the above

Question 72

How many states have amended their constitutions to provide for a "victims' bill of rights"?

A)19
B)25
C)35
D)38
E)50

Question 73

One of the criticisms of the election system for selecting judges is that

A)the voters do not know enough about complex legal issues.
B)the legislature does not care enough about the justice system.
C)the selection of judges should reflect the politics of the governor.
D)the judiciary is nonpartisan.
E)the judiciary is already too independent of the other branches of government.

Question 74

How many states use merit systems for judicial elections?

A)9
B)12
C)16
D)21
E)23

Question 75

The victims' rights movement originated chiefly from

A)urban activists.
B)feminists.
C)gay-rights activists.
D)the Civil Rights movement.
E)None of the above

Question 76

The public defender system 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; also called a true bill.
C)an arrangement whereby the judge assigns a member of the bar to provide counsel to a particular defendant.
D)to serve the public good; a term used to describe work that lawyers (or other professionals) do for which they receive no fees.
E)an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.

Question 77

In what year did the federal government, through the Victims of Crime Act, authorize federal funds to support state programs compensating victims?

A)1914
B)1965
C)1984
D)1992
E)1996

Question 78

In this year the U.S.Supreme Court ruled that death penalty statutes in most states violated the due process rights guaranteed by the U.S.Constitution.

A)1963
B)1972
C)1976
D)2000
E)2008

Question 79

In what year did New Jersey become the first state since 1976 to eliminate the death penalty through an act of the legislature?

A)1963
B)1972
C)2007
D)2000
E)2008

Question 80

Which of the following states has attempted to provide more neutral information to voters in judicial elections by using an evaluation committee?

A)Alaska
B)Utah
C)Colorado
D)All of the above
E)None of the above