Deck 9: Courts: Turning Law Into Politics

Question 1

The merit selection of judges attempts to ______.

A) reduce the number of judges
B) reduce the number of televised trials
C) limit judicial discretion
D) limit the intrusion of politics

Answer 1

D

Question 2

Most states require twelve-member juries and unanimous decisions for ______.

A) felony criminal cases
B) all criminal cases
C) all civil cases
D) felony civil cases

Answer 2

A

Question 3

In noncapital cases, the sentence is almost always issued by which of the following?

A) prosecutor
B) public defender
C) grand jury
D) judge

Answer 3

D

Question 4

The use of the past to determine current interpretation of the law is known as which of the following?

A) appealing
B) precedent
C) activism
D) en banc

Question 5

______ are laws that give parole boards less authority to shorten sentences for good behavior.

A) Habitual offender laws
B) Mandatory minimum sentences
C) Truth-in-sentencing laws
D) Indeterminate sentencing laws

Question 6

Which amendment to the U.S. Constitution grants the right to a jury trial in state criminal proceedings?

A) Fourth
B) Fifth
C) Sixth
D) Seventh

Question 7

Many cases can be resolved without resorting to courtroom litigation through which of the following mechanisms?

A) the white-flag scenario
B) alternative dispute resolution
C) the Hudsucker proxy
D) constituent service

Question 8

Those unhappy with a trial's outcome can file an appeal to which of the following?

A) a municipal appellate court
B) a military appellate tribunal
C) an intermediate appellate court
D) the Supreme Court

Question 9

Admissions of guilt by the accused are required parts of which of the following?

A) plea bargains
B) settlements
C) verdicts
D) appeals

Question 10

Judges serving longer terms are more likely than judges serving shorter terms to do which of the following?

A) show partisanship
B) concede to political pressures
C) write lengthy decisions
D) run for elective office

Question 11

In a pure appointive system, which of the following is true?

A) Nominating commissions appoint judges.
B) The state legislature alone appoints judges.
C) The governor alone appoints judges.
D) The attorney general appoints judges.

Question 12

Which of the following is a disadvantage to electing judges?

A) It prevents elitism.
B) Women and minorities are better represented.
C) Elections follow the nation's democratic traditions.
D) Judges are more qualified.

Question 13

Judicial discretion is decreased by which of the following?

A) habitual offender laws
B) mandatory minimum sentences
C) truth-in-sentencing laws
D) discretionary jurisdiction

Question 14

A government official who conducts criminal cases on behalf of the people is known as which of the following?

A) prosecutor
B) public defender
C) mediator
D) plea bargainer

Question 15

States do not select judges through ______.

A) partisan elections
B) nonpartisan elections
C) gubernatorial appointment
D) recall elections

Question 16

Which of the following is non-influential in determining the amount of time offenders spend in prison?

A) habitual offender laws
B) mandatory minimum sentences
C) truth-in-sentencing laws
D) mandatory jurisdiction

Question 17

Following the ______, states decided to choose judges through appointment?

A) Enlightenment
B) American Revolution
C) Civil War
D) Civil Rights Movement

Question 18

Before going to trial, the government first must obtain an indictment from which of the following?

A) a magistrate
B) an attorney general
C) a grand jury
D) an arbitrator

Question 19

The Missouri Plan requires ______.

A) continuous review
B) retention elections
C) tenure review
D) bi-partisan review

Question 20

The idea of giving judges lifetime tenure is an attempt to ensure which of the following?

A) judicial independence
B) judicial accountability
C) judicial independence and judicial accountability
D) judicial transparency

Question 21

A(n) ______ is a mutual agreement between parties to end a civil case before going to trial.

A) plea bargain
B) settlement
C) verdict
D) appeal

Question 22

A(n) ______ trial is one in which no jury is present, and the judge decides the facts and the law.

A) appellate
B) bench
C) grand jury
D) civil

Question 23

Jail time is the result of a guilty verdict in a ______ trial.

A) criminal
B) civil
C) appellate
D) family court

Question 24

______ court is the first level of the court system.

A) Appeals
B) Family
C) Civil
D) Trial

Question 25

Proponents argue that judicial selection by ______ is compatible with U.S. democratic tradition.

A) merit
B) popular election
C) appointment
D) retention

Question 26

A case is first ______ in the court of first instance.

A) tried
B) decided
C) introduced
D) heard

Question 27

Which of the following would make something a federal court case?

A) It involves children.
B) It involves a contract.
C) It involves a high-profile defendant.
D) It crosses state borders.

Question 28

A court that hears cases based on the type of parties involved is known as a ______.

A) special jurisdiction court
B) statutory jurisdiction court
C) general jurisdiction court
D) supreme jurisdiction court

Question 29

Under the U.S. Constitution, ______ appoints all federal judges.

A) the Senate
B) the House of Representatives
C) the President
D) Congress

Question 30

The outcome of a civil trial is generally which of the following?

A) jail time
B) hard labor
C) financial judgment
D) a plea bargain

Question 31

Which of the following refers to appeals court sessions in which all the judges hear a case together?

A) panel
B) mandatory jurisdiction
C) en banc
D) subject matter jurisdiction

Question 32

In recent years, local court budgets have ______.

A) increased
B) been plagued with scandal
C) drastically decreased
D) been prioritized

Question 33

If someone accuses a judge of having "run amok" or "subverting the laws," he or she is probably accusing the judge of what?

A) improper sentencing
B) campaign finance fraud
C) being an activist judge
D) changing the constitution

Question 34

______ jurisdiction is the requirement that a court hear every case presented before it.

A) Special
B) Mandatory
C) Discretionary
D) General

Question 35

In the late 1900s, judicial reformers focused on persuading states to adopt ______ for choosing judges.

A) merit selection
B) elections
C) appointments
D) retention elections

Question 36

SELECT ALL THAT APPLY. Defendants' rights do include the right to do which of the following?

A) confront witnesses
B) a lawyer
C) receive a plea bargain
D) be presumed innocent until proved guilty

Question 37

If judicial accountability is more important than independence, ______ is/are the logical way to select judges.

A) appointments
B) retention
C) coronation
D) elections

Question 38

Which of the following is the court that hears civil or criminal cases that have not been assigned to a special court?

A) limited jurisdiction court
B) statutory jurisdiction court
C) general jurisdiction court
D) supreme jurisdiction court

Question 39

Which error affects the outcome of a case?

A) special error
B) prejudicial error
C) statutory error
D) appellate error

Question 40

SELECT ALL THAT APPLY. Which of the following affects the indigent defense system?

A) little oversight
B) high attorney workloads
C) lack of financial resources
D) not enough cases

Question 41

Briefly discuss the Missouri Plan.

Question 42

Most trial court cases go to trial.

Question 43

Civil cases involve violations of the law.

Question 44

Most criminal courts cases are tried in federal courts.

Question 45

What are the pros and cons of selecting judges through public elections?

Question 46

Courts that hear any civil or criminal case are known as special jurisdiction trial courts.

Question 47

What are three methods of sentencing guidelines employed by states, and how do they affect the power of judges?

Question 48

What is an activist judge?

Question 49

Federal judges undergo continuous review.

Question 50

Many federal judges are selected through an appointive system.

Question 51

Most civil cases require a supermajority decision.

Question 52

A court that can decide whether to review a case is said to have discretionary jurisdiction.

Question 53

Criminal cases usually involve disputes between private parties.

Question 54

Activist judges are said to act as independent policymakers by creatively interpreting constitutions and statutes.

Question 55

Discuss the methods available to states for decreasing court caseloads.