Deck 7: Courts and the Quest for Justice

Question 1

The court's legitimacy is based on two factors: impartiality and:

A) independence.
B) the judge's prerogative.
C) jurisdiction.
D) the statutes.

Answer 1

A

Question 2

Drug courts, juvenile courts, domestic courts, and elder courts are all examples of:

A) municipal courts.
B) probate courts.
C) specialty courts.
D) trial courts of general jurisdiction.

Answer 2

C

Question 3

Constitutional guarantees, such as the right to counsel, the right to a jury trial, and protection from self-incrimination, are part of which function?

A) crime control
B) due process
C) bureaucratic
D) public protection

Answer 3

B

Question 4

Courts having original jurisdiction are courts of the first instance, or:

A) appellate courts.
B) jurisdiction courts.
C) state supreme courts.
D) trial courts.

Question 5

Which of the following is NOT a decision made by appellate court judges?

A) whether there should be a retrial or additional charges
B) whether a lower court decision should be reversed and remanded
C) whether a lower court decision of the case should stand
D) whether a case should be reviewed by the lower court

Question 6

Appellate courts:

A) hear cases de novo.
B) determine the defendant's guilt or innocence.
C) determine questions of fact.
D) determine questions of law.

Question 7

The power of the law is known as:

A) adjudication.
B) the judge's prerogative.
C) jurisdiction.
D) the statutes.

Question 8

A public civil officer or official with limited judicial authority within a particular geographic area, such as the authority to issue an arrest warrant, is:

A) a judge.
B) a police officer.
C) a magistrate.
D) a public prosecutor.

Question 9

The principles of__________ states that crimes, such as genocide, can be prosecuted by any nation having custody of the wrongdoer.

A) general jurisdiction
B) subject-matter jurisdiction
C) extradition
D) universal jurisdiction

Question 10

Which courts handle misdemeanors and some civil matters?

A) courts of general jurisdiction
B) courts of limited jurisdiction
C) courts of unlimited jurisdiction
D) felony courts

Question 11

The lowest tier of the federal court system is the:

A) county court.
B) U.S. court of appeals.
C) municipal court,.
D) U.S. district court.

Question 12

Almost every case begins in a:

A) federal court.
B) county court.
C) trial court.
D) court of special jurisdiction.

Question 13

IIn the federal court system, there are______ U.S. courts of appeals, also referred to as U.S. circuit courts of appeals.

A) 10
B) 7
C) 16
D) 13

Question 14

Statements in which judges express the reasons for the court's decision in a case are:

A) verdicts.
B) opinions.
C) recommendations.
D) oral arguments.

Question 15

Which of the following courts is primarily a "reviewer" of decisions?

A) appellate courts
B) jurisdictional courts
C) original jurisdiction courts
D) trial courts

Question 16

The_________ function of the court is concerned with protecting the rights of individual citizens against the power of the state.

A) due process
B) crime control
C) rehabilitation
D) bureaucratic

Question 17

The ______________of the court is based on the medical model.

A) rehabilitative function
B) bureaucratic function
C) due process function
D) treatment function

Question 18

The______ function of the court is concerned with speed and efficiency.

A) due process
B) crime control
C) rehabilitation
D) bureaucratic

Question 19

The United States has ________different judicial systems.

A) 2
B) 3
C) 50
D) 52

Question 20

Lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence, are called:

A) problem­solving courts.
B) courts of limited jurisdiction.
C) courts of general jurisdiction.
D) trial courts.

Question 21

The level of charge to be brought against a suspect is determined by the:

A) judge.
B) jury.
C) arresting officer.
D) prosecutor.

Question 22

In the courtroom workgroup, who is responsible for maintaining security and order in the judge's chambers and in the courtroom?

A) bailiff
B) clerk of court
C) court reporter
D) prosecutor

Question 23

In the courtroom workgroup, who is responsible for recording every word that is said during the course of trial?

A) bailiff
B) clerk of court
C) court reporter
D) prosecutor

Question 24

In the courtroom workgroup, who is responsible for maintaining the large amount of paperwork generated during a trial, including transcripts, photographs, evidence, and any other records?

A) bailiff
B) clerk of court
C) court reporter
D) prosecutor

Question 25

The_____ is the chief law officer of a state and also the chief law officer of the nation.

A) attorney general
B) court justice
C) judge
D) public prosecutor

Question 26

Attorney-client privilege does not apply when:

A) the client provides information on a crime that he or she plans to commit.
B) the client admits to a past offense.
C) the client admits to murder.
D) the client admits to particularly heinous crimes including torture.

Question 27

The The U.S. Supreme Court will not issue a writ of certiorari unless at least____ justices approve of it.

A) 2
B) 4
C) 6
D) 9

Question 28

During the pretrial, the _____takes on the role of the referee.

A) defense attorney
B) judge
C) prosecutor
D) public defender

Question 29

The lowest tier of the federal court system is the:

A) specialty courts.
B) appellate courts.
C) district courts.
D) Supreme Court.

Question 30

Which amendment provides for the right to counsel?

A) the Fourth Amendment
B) the Fifth Amendment
C) the Sixth Amendment
D) the Eighth Amendment

Question 31

What is the title of the list of cases entered on a court's calendar and thus scheduled to be heard by the court?

A) arraignment
B) court calendar
C) docket
D) writ of certiorari

Question 32

During the pretrial process, the ______holds a great deal of discretion as to whether an individual who has been arrested by the police will be charged.

A) defense attorney
B) judge
C) public defender
D) public prosecutor

Question 33

A_____ opinion is a separate opinion prepared by judges who support the decision of the majority of the court but who want to express their own particular reasoning.

A) concurring
B) dissenting
C) duces tecum
D) writ of certiorari

Question 34

The U.S. Supreme Court orders a lower court to send it the record of a case for review. This is done with a:

A) subpoena.
B) writ of habeas corpus.
C) writ of duces tecum.
D) writ of certiorari.

Question 35

About _____% of all criminal defendants in the United States are represented by public defenders or other appointed counsel.

A) 50
B) 75
C) 90
D) 95

Question 36

An election where a political party, such as the Republicans or Democrats, openly support a candidate for a judgeship is known as a(n):

A) nonpartisan election.
B) open election.
C) partisan election.
D) primary election.

Question 37

The primary responsibility of the ______is to represent the defendant at various stages of the custodial process, such as arrest, interrogation, lineup, and arraignment.

A) court justice
B) defense attorney
C) judge
D) public prosecutor

Question 38

The U.S. Supreme Court consists of_____ justices.

A) 7
B) 8
C) 9
D) 10

Question 39

Of the courtroom workgroup, who relies on the police to arrest suspects and gather sufficient evidence?

A) defense attorney
B) judge
C) public defender
D) prosecutor

Question 40

The Supreme Court unanimously held that "any person brought to court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him." This case was:

A) Furman v. Georgia.
B) Gideon v. Wainwright.
C) Strickland v. Washington.
D) United States v. Zolin.

Question 41

Which function of the court would view Jack as sick, not evil, and in need of treatment?

A) the crime control function
B) the due process function
C) the bureaucratic function
D) the rehabilitation function

Question 42

For Barney's case to actually be heard by the entire U.S. Supreme Court, how many justices must approve of the decision to hear his case?

A) 2
B) 4
C) 6
D) 8

Question 43

Barney is unsuccessful with his first few appeals. His appellate lawyers determined that there has been a major injustice in Barney's case and are determined to take his case all the way to the U.S. Supreme Court. His lawyers petitioned the U.S. Supreme Court to issue a(n)_______ , so they will request the lower courts for the record of the case.

A) bill of attainder
B) ex post fact
C) writ of certiorari
D) writ of habeas corpus

Question 44

In the current criminal justice system, each party involved in a courtroom dispute has an equal chance to present its case and is secure in the belief that no outside factors are going to influence the decision rendered by the court.

Question 45

Every state has at least one court of appeals (known as an appellate, or reviewing, court).

Question 46

Criminal jurisdiction is determined by legislation.

Question 47

The U.S. military has jurisdiction over active personnel who commit crimes, even if those crimes occur outside the course of duty.

Question 48

Case 7-2
Barney was sentenced to a term of life in prison after he was found guilty of an armed home invasion robbery. There are many issues that occurred during his trial that he wants to appeal. First, he was a juvenile when arrested and charged for the home invasion robbery. The juvenile judge dismissed the charges against Barney because the victim stated that Barney was not the offender. The prosecutors decided to file Barney's case in the adult criminal court system. This clearly is a violation of the protection against double jeopardy. Also, Barney was not given an attorney until he was charged as an adult.
The issues of double jeopardy and representation by an attorney would be appealable because they are considered to be:

A) questions of fact.
B) questions of guilt.
C) questions of innocence.
D) questions of law.

Question 49

Case 7-2
Barney was sentenced to a term of life in prison after he was found guilty of an armed home invasion robbery. There are many issues that occurred during his trial that he wants to appeal. First, he was a juvenile when arrested and charged for the home invasion robbery. The juvenile judge dismissed the charges against Barney because the victim stated that Barney was not the offender. The prosecutors decided to file Barney's case in the adult criminal court system. This clearly is a violation of the protection against double jeopardy. Also, Barney was not given an attorney until he was charged as an adult.
Barney's case was first adjudicated in the specialty court known as a juvenile court. Which of the following is also considered to be a specialty court?

A) drug court
B) municipal court
C) probate court
D) supreme court

Question 50

Case 7-1
Jack was arrested for the serious crime of robbery by the local police department. When police searched Jack incident to arrest, they found a small amount of heroin and a needle used for injecting heroin. Jack is also homeless. He has no family and no means to support himself, except committing crime. He commits crime in order to support his drug habit.
After the police arrested Jack, they brought him to the county jail to be booked. Who is responsible for deciding whether he will be charged with a crime?

A) attorney general
B) defense attorney
C) judge
D) prosecutor

Question 51

Trial courts are primarily concerned with questions of law.

Question 52

Domestic courts and mental health courts are considered to be specialty courts.

Question 53

Which court would most likely have the jurisdiction to try this case?

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

Question 54

In the federal court system, there are nine U.S. courts of appeals.

Question 55

The due process function emphasizes punishment and retribution.

Question 56

Jack is concerned that because he cannot afford a high-priced criminal defense attorney, he will not have a chance in his trial. Which of the following statements summarizes the effectiveness of publicly funded counsel compared to private counsel?

A) Conviction rates of defendants with private counsel are lower than those represented by publicly funded attorneys.
B) Conviction rates of defendants with private counsel are higher than those represented by publicly funded attorneys.
C) Conviction rates of defendants with private counsel and those represented by publicly funded attorneys are generally the same.
D) A higher percentage of defendants with public defenders are placed on probation.

Question 57

An appellate court will rarely question a jury's decision; instead, the appellate judges will review the manner in which the facts and evidence were provided to the jury, and rule on whether errors were made in the process.

Question 58

After Barney's conviction in the state's trial court of general jurisdiction, where would Barney most likely file his first appeal?

A) U.S. district courts
B) U.S. courts of appeals
C) intermediate appellate courts
D) state supreme court

Question 59

Jack is considered indigent, which means he is not able to afford an attorney for his criminal case. Who will most likely represent Jack in his court proceedings?

A) attorney general
B) public defender
C) private attorney
D) prosecutor

Question 60

The United States does not have a single judicial system, but 52 different systems-one for each state, the District
of Columbia, and the federal government.

Question 61

The crime control, due process, and rehabilitation functions of a court are secondary to its
____________________ function.

Question 62

Every state has at least one federal district court.

Question 63

The highest appellate court in a state is usually called the supreme court.

Question 64

The clerk of the court has an exhausting list of responsibilities, including recording every word that is said in the courtroom.

Question 65

Minor criminal matters, such as traffic violations, prostitution, and drunk and disorderly conduct, are typically handled in courts with limited jurisdiction.

Question 66

If a defendant provides less than truthful information there is no attorney-client privilege.

Question 67

Generally speaking, there are two different types of defense attorneys: (1) private attorneys, who are hired by individuals, and (2) public defenders, who work for the government.

Question 68

The ________function of the courts emphasizes punishment and retribution.

Question 69

It is possible for a person to waive his or her Sixth Amendment right to an attorney and act as his or her own defense attorney.

Question 70

As most cases are decided through plea bargains rather than through trial proceedings, the judge often offers his or
her services as a negotiator to help the prosecution and the defense "make a deal."

Question 71

Supreme Court Justices may write concurring opinions, outlining the reason why they feel the majority's decision
erred.

Question 72

Judges, prosecutors, and defense attorneys typically do not cooperate with one another.

Question 73

Prosecutors in every state and in the federal government are elected officials and must answer to the voters.

Question 74

The courtroom workgroup consists of the judge and jury.

Question 75

There is no absolute right to appeal to the U.S. Supreme Court.

Question 76

Most judges, in fact, work at the appellate level of the system.

Question 77

The power to "speak the law" refers to ___________________________.

Question 78

The attorney general is the chief law enforcement officer in any state.

Question 79

A client is protected by attorney-client privilege if the client reveals a past crime.

Question 80

Prosecutors are generally considered the most dominant figures in the American criminal justice system.