Deck 7: Courts and the Quest for Justice

Question 1

_____ refers to the authority of a court to hear and decide cases within an area of the law or a geographic territory.

A) Incarceration
B) Discretion
C) Jurisdiction
D) Extradition

Answer 1

C

Question 2

Federal criminal charges often take precedence over state criminal charges because states:

A) do not have powers of judicial review.
B) have original jurisdiction.
C) do not abide by concurrent jurisdiction.
D) have lesser resources.

Answer 2

D

Question 3

Which of the following is a similarity between federal and state courts?

A) Both elect their judges.
B) Both have limited jurisdiction.
C) Both can appeal the other's verdicts.
D) Both appoint their judges for a lifetime.

Answer 3

B

Question 4

Which of the following is a limitation of the American judicial system?

A) It has no provision for rehabilitation.
B) It is complex in nature.
C) It has a single judicial system.
D) It rejects discretion.

Question 5

Which of the following statements is true of a state court of appeals?

A) It is called the supreme court in Maryland.
B) It is also known as a court of common plea.
C) It is usually headed by a magistrate.
D) It takes the final decision on all questions of state law.

Question 6

​ _____ are courts that review decisions made by lower courts, such as trial courts.

A) ​ Surrogate courts
B) ​ Appellate courts
C) ​ District courts
D) ​ Specialized courts

Question 7

A court's legitimacy to bring the authority of the state to seize property and to restrict individual liberty is based on:

A) infallibility.
B) impartiality.
C) discretion.
D) justice.

Question 8

In the courts, unlike crime control values, due process values:

A) focus on protecting the rights of an individual.
B) stress the repression of criminal conduct.
C) authorize law enforcement officers to apprehend offenders.
D) emphasize the right of society to be protected from crime.

Question 9

According to the _____ of the American criminal justice system, criminals are analogous to patients.

A) due process model
B) medical model
C) crime control model
D) power model

Question 10

_____ are primarily concerned with questions of fact .

A) Federal courts
B) Appellate courts
C) Trial courts
D) Probate courts

Question 11

Which of the following is true of appellate courts?

A) They have judges who present written explanations for their decisions.
B) They are concerned with questions of fact instead of questions of law .
C) They use juries or witnesses to issue verdicts.
D) They determine a defendant's guilt or innocence.

Question 12

_____ occurs when two or more courts have the authority to preside over the same criminal case.

A) Concurrent jurisdiction
B) Diversity jurisdiction
C) Appellate jurisdiction
D) Exclusive jurisdiction

Question 13

In the context of due process values in the American criminal justice system, which of the following is an equalizer in the contest between the state and the individual?

A) Protection from perjury
B) Protection from false testimony
C) Protection from self-incrimination
D) Protection from search and seizure

Question 14

Which of the following statements is true of the crime control function of the nation's courts?

A) It emphasizes that criminals must suffer for the harm they have done to society.
B) It advocates giving criminals a second chance to atone for their misdemeanors.
C) It allows courts to guarantee the right to a jury and the right to counsel for an accused.
D) It stresses on mandatory probation periods for all incarcerated criminals.

Question 15

Trial courts of general jurisdiction are:

A) headed by a magistrate.
B) known as problem-solving courts.
C) the setting for criminal trials.
D) responsible for the preliminary stages of felony cases.

Question 16

State trial courts that have general jurisdiction may be called _____.

A) surrogate courts
B) problem-solving courts
C) circuit courts
D) municipal courts

Question 17

For which of the following issues can the United States Supreme court overrule a decision made by a state's highest court?

A) Domestic abuse
B) Capital crime
C) Constitutional procedure
D) Embezzlement

Question 18

According to the medical model of the American criminal justice system, _____.

A) the rehabilitation of criminals is costlier than their incarceration
B) criminals must be punished according to the formal rules of the justice system
C) criminals are evil, not sick
D) the treatment of criminals varies from case to case

Question 19

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

A) district attorney
B) coroner
C) public defender
D) magistrate

Question 20

Which of the following is an example of a problem-solving court?

A) A circuit court
B) A surrogate court
C) A homicide court
D) A juvenile court

Question 21

Leon, a witness to a murder, is in a closed room with a defense attorney. Before the case goes to trial, the defense attorney asks him questions about his story to ensure that the testimony has no flaws. In the scenario, Leon is going through a(n) _____.

A) deposition
B) arraignment
C) entrapment
D) hearing

Question 22

A _____ is the list of cases entered on a court's calendar and thus scheduled to be heard by the court.

A) parole
B) docket
C) writ
D) subpoena

Question 23

During the pretrial process, prosecutors hold a great deal of discretion in deciding:

A) the level of charges to be brought against the suspect.
B) whether to file a writ of habeas corpus .
C) the number of peremptory challenges to give the defense.
D) whether to deny a petition for a writ of certiorari.

Question 24

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

A) thirteen
B) fifteen
C) eleven
D) nine

Question 25

Ophelia is the anchor of a political talk show. She has been hosting a miniseries about the corruption in the upper echelons of Congress. In response to these allegations, Congress passed a law against free speech and got Ophelia arrested. However, the Supreme Court ruled against the state saying that the law violated the First Amendment rights. In this scenario, which of the following processes did the Supreme Court use to repeal the law passed by Congress?

A) Judicial discretion
B) Judicial review
C) Voir dire
D) Habeas corpus

Question 26

Which of the following is true of chief prosecutors?

A) They typically serve four-year terms.
B) They have absolute autonomy.
C) They are always appointed by the president.
D) They avoid following the Brady Rule.

Question 27

_____ are individuals, acting as trial lawyers, who initiate and conduct cases in the government's name and on behalf of the people.

A) Defense attorneys
B) Public prosecutors
C) Bailiffs
D) Coroners

Question 28

Which of the following is true of the federal trial courts?

A) They are on the highest tier of the federal court system.
B) They include the Court of International Trade.
C) They are also known as the U.S. courts of appeals.
D) They do not include trial courts of limited jurisdiction.

Question 29

During criminal proceedings, James brings in the accused to stand before the judge. He also holds up a holy book for witnesses to swear that they will not perjure themselves. He oversees the maintenance of discipline in the courtroom. Based on this description, James is a _____.

A) magistrate
B) sheriff
C) bailiff
D) coroner

Question 30

In the context of the American criminal justice system, which of the following is true of diversity on the bench?

A) Blacks have fair degree of representation in the state appellate courts.
B) Members of minority groups are overrepresented in the federal judiciary.
C) About two-thirds of all state appellate judges are white males.
D) Women are notably present in the highest courts of most states.

Question 31

The goal of the Missouri Plan is to:

A) eliminate partisan politics from the selection procedure of judges.
B) make judicial candidates declare allegiance to a political party.
C) set a procedure for expedited justice in the Supreme Court.
D) advocate the importance of racial diversification in courts.

Question 32

_____ refers to the power of a court-particularly the United States Supreme Court-to analyze the actions of the executive and legislative branches and, if necessary, declare those actions unconstitutional.

A) The blue curtain
B) Judicial review
C) The rule of four
D) Judicial discretion

Question 33

Which of the following values is true of selection of judges?

A) Judges are elected based on a subjective definition of merit in Kentucky.
B) Judges are required to affiliate themselves with political parties in Missouri.
C) Judges are chosen by nonpartisan elections in Alabama.
D) Judges are appointed by the governor in New Jersey.

Question 34

A federal appeals court is trying a civil rights violation case. Due to the ambiguous nature of the case, the court is unable to reach a decision. The Supreme Court takes over the case for review. In this scenario, the Supreme Court issued a _____.

A) writ of mandamus
B) writ of certiorari
C) writ of mens rea
D) writ of habeas corpus

Question 35

One of the ways by which the Supreme Court makes criminal justice policy is through _____.

A) judicial review
B) judicial discretion
C) arraignments
D) adjudications

Question 36

In court decisions, plurality opinions are problematic because they:

A) lead to many dissenting opinions among jurors in the court house.
B) do not provide a strong precedent for lower courts to follow.
C) do not allow writs of certiorari to be issued.
D) base decisions on only oral arguments.

Question 37

Which of the following is a responsibility of a defense attorney?

A) To submit motions to suppress evidence
B) To represent witnesses during a trial
C) To defend only those clients who are innocent
D) To negotiate plea bargains only for case decisions of capital punishment

Question 38

_____ are on the lowest tier of the federal court system.

A) Appellate courts
B) U.S. circuit courts of appeals
C) U.S. district courts
D) Magistrate courts

Question 39

Identify a true statement about the U.S. district courts.

A) The U.S. district courts are on the highest tier of the federal court system.
B) Cases involving federal laws end in the U.S. district courts after the final decision has been made by a judge or jury.
C) At the present time, there are less than fifty judicial districts in the United States.
D) The number of judicial districts varies over time, primarily owing to population changes and corresponding caseloads.

Question 40

Which of the following statements is true of the federal courts of appeals?

A) The federal courts of appeals are on the lowest tier of the federal court system and are also referred to as the U.S. district courts.
B) The federal courts of appeals for twelve of the circuits hear appeals from the district courts located within their respective judicial circuits.
C) The decisions of the circuit courts of appeals are not final unless a further appeal is pursued and granted.
D) The Court of Appeals for the Federal Circuit has national appellate jurisdiction over cases in which the U.S. government is a plaintiff.

Question 41

Subject matter jurisdiction refers to the power of the Court to determine whether a law or action by the other branches of the government is constitutional.

Question 42

The Allen Charge holds that prosecutors are not permitted to keep evidence from the defendant and her or his attorneys that may be useful in showing innocence.

Question 43

Recidivism is the formal process by which one legal authority, such as a state or a nation, transfers a fugitive or a suspect to another legal authority that has a valid claim on that person.

Question 44

Discuss the due process function and the rehabilitation function of a court system.

Question 45

The United States Supreme Court can overrule a decision made by the state's highest court when issues of federal law are involved.

Question 46

The Court of Appeals for the Thirteenth Circuit has national appellate jurisdiction over cases in which the U.S. government is a plaintiff.

Question 47

In the crime control model of the American criminal justice system, courts perform the role of physicians who dispense "treatment" to criminals.

Question 48

Magistrate courts are lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence.

Question 49

As a result of America's federalism, governments of the fifty states have a united court system.

Question 50

The denial of a writ of certiorari has no value as a precedent.

Question 51

In a courtroom, like a juror, a judge learns the facts of a case as they are presented by attorneys.

Question 52

One of the responsibilities of a bailiff of the court is to go through any motions or pleas that need to be acted on by a judge.

Question 53

Advocates of due process values of the criminal justice system distinguish between the court's obligation to be fair to the accused and its obligation to be fair to society.

Question 54

A responsibility of an attorney general is to determine whether to appeal a guilty verdict.

Question 55

Alana is a public defender. She is representing Maria who is on trial for the murder of her father. When Alana visits Maria in jail, Maria confesses to hiring a hitman to kill her father so that she could inherit his fortune. Alana is unable to tell the presiding judge about Maria's confession because of _____.

A) joint-defense privilege
B) habeas corpus
C) attorney-client privilege
D) res gestae

Question 56

A state trial court of limited jurisdiction in Ohio is called the court of common pleas.

Question 57

Writs are written statements by judges expressing the reasons for a court's decision in a case.

Question 58

Unlike justice courts in rural settings, magistrate courts have general jurisdiction.

Question 59

Which of the following is a type of defense attorney?

A) A bailiff
B) A public defender
C) A chief prosecutor
D) An attorney general

Question 60

Distinguish between trial courts and appellate courts.

Question 61

A(n) _________ judge allows more leeway to members of the courtroom work group than a judge who follows procedure.
A. partisan
B. autocratic
C. laissez-faire
D. tight ship ​

Question 62

Discuss attorney-client privilege and its exception.

Question 63

The legitimacy of a court's decision to bring the authority of state to seize property and to restrict individual liberty is based on _________.
A. anonymity
B. partiality
C. independence
D. recidivism ​

Question 64

_________ are courts in which most cases usually begin and in which questions of fact are examined.
A. Appellate courts
B. Trial courts
C. Tax courts
D. Supreme judicial courts ​

Question 65

The _________ has national appellate jurisdiction over cases in which the U.S. government is a defendant.
A. federal trial court
B. probate court
C. Federal Circuit
D. Supreme Court ​

Question 66

Jeremiah is a public defender and is asked to defend a murder suspect in a hit-and-run case. The suspect confesses to Jeremiah that he was driving under the influence of alcohol when he accidently ran over the victim. Due to _________, Jeremiah is unable to tell the presiding judge about the confession.
A. the writ of certiorari
B. joint-defense privilege
C. attorney-client privilege
D. the writ of habeas corpus ​

Question 67

Briefly describe state courts of appeals.

Question 68

Explain the workings of the office of the prosecution.