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

Question 1

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

Answer 1

A

Question 2

How many Supreme Court justices are there?

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

Answer 2

C

Question 3

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

Answer 3

A

Question 4

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

Question 5

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 6

At ______ level of court, a trial for a nonfelony case can be held.

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

Question 7

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.

Question 8

There are ______ district courts.

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

Question 9

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 10

There is one ______ in each district.

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

Question 11

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 12

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 13

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 14

For how long do district judges serve?

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

Question 15

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 16

Who nominates district judges?

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

Question 17

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 18

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 19

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 20

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 21

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 22

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 23

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 24

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 25

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 26

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 27

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 28

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 29

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 30

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 31

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 32

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 33

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 34

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 35

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 6 months from the date of arrest.
C)The trial has been delayed for 2 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 36

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 37

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 38

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 39

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 40

Why do criminal trials generally have 12 jurors and two 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 41

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 42

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 hours 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.

Question 43

In most states, the trial courts of general jurisdiction are also grouped into judicial districts or circuits.

Question 44

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

Question 45

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

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

Question 46

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 47

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 48

There is at least one district court in each state.

Question 49

Bail allows defendants to remain out of jail while awaiting trial and affording them time of help with their defense and to maintain ties with family and their job.

Question 50

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 51

Both the defendant and the government benefit from plea bargaining.

Question 52

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

Question 53

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

Question 54

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

Question 55

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

Question 56

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 57

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

Question 58

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

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

Question 59

What is another term for "charging the jury?"

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

Question 60

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 61

What is the purpose of the adversarial system?

Question 62

How does the government benefit from plea bargaining?

Question 63

A defendant may make bail only through payment of the full amount in cash.

Question 64

State courts have experienced a significant decline in appellate cases.

Question 65

The judges who sit on the circuit courts of appeals are elected by voters.

Question 66

What considerations does the judge make in determining bail?

Question 67

District judges serve for a 4-year term.

Question 68

Court documents should only be used as a last resort.

Question 69

U.S.Courts have been working toward the goal of going "paper on demand," which will allow them to increase efficiency and decrease costs.

Question 70

Research suggests that drug courts have been successful in reducing recidivism.

Question 71

Explain the considerations for determining whether a defendant's right to a speedy trial has been violated.

Question 72

The U.S.Supreme Court has the ultimate jurisdiction over all federal courts.

Question 73

The adversarial system uses several means to get at the truth.

Question 74

List three areas of emerging technology in courts.

Question 75

The U.S.Supreme Court has been very explicit in establishing the time frames for a speedy trial as well as the enforcement mechanisms for ensuring this right is not violated.

Question 76

Describe how the U.S.Supreme Court divides its time while it is in session.

Question 77

What functions do trial courts of limited jurisdiction serve with regard to felony cases?

Question 78

Explain what it means that the United States has a dual court system.

Question 79

How do intermediate courts of appeal fit into the court system?

Question 80

Describe how diversion programs work.