Deck 17: The Nature and Functioning of Courts

Question 1

Municipal courts, justice of the peace courts, and magistrate's courts are examples of what level of courts of law?

A) courts of limited or special jurisdiction
B) courts of general jurisdiction
C) courts of appellate jurisdiction
D) none of these

Answer 1

courts of limited or special jurisdiction

Question 2

A state's major trial courts are called

A) courts of limited or special jurisdiction.
B) courts of general jurisdiction.
C) courts of appellate jurisdiction.
D) none of these

Answer 2

courts of general jurisdiction.

Question 3

In what case did the Supreme Court rule that a state cannot pass and enforce a law making it a criminal offense for black and white citizens to intermarry?

A) Janis v. Maryland
B) Grant v. Texas
C) Loving v. Virginia
D) Gideon v. Wainwright

Answer 3

Loving v. Virginia

Question 4

A motion for a sanity hearing is made when

A) the evidence presented is insufficient to establish probable cause.
B) the defendant claims that mental illness deprives him or her of legal responsibility.
C) the defendant claims that a fair trial cannot be obtained in a particular county.
D) the evidence is discovered in the hands of the prosecution.

Question 5

An order by a higher court directing a lower court to send to it the records of a case is exercised by a

A) writ of habeas corpus.
B) writ of prosecution.
C) writ of certiorari.
D) writ of appeal.

Question 6

In the criminal justice process, a trial begins with the _____.

A) arraignment
B) correction
C) revocation
D) probation

Question 7

If a defendant pleads __________, he or she admits criminal liability for the purpose of the immediate proceeding only.

A) no solo
B) no contesto
C) nolo contendere
D) no liability

Question 8

After a plea of not guilty, the first step is the impaneling of a jury, which is called the __________ jury, for the trial.

A) petit
B) voir dire
C) general
D) grand

Question 9

The process by which lawyers and the judge examine a prospective juror to determine his or her acceptability is known as

A) challenges for cause.
B) voir dire.
C) peremptory challenges.
D) pretrial challenges.

Question 10

The Supreme Court has made exceptions to the constitutional exclusionary rule by creating the __________ rule.

A) fruit of the poisonous tree
B) Miranda exception
C) inevitable discovery
D) accidental discovery

Question 11

A _____ is a request that proceedings be terminated.

A) presumptive sentence
B) revocation
C) plea bargain
D) motion to dismiss

Question 12

_____ is a sentencing option where a defendant is sentenced to complete a period of community supervision with special limitations.

A) Incarceration
B) Probation
C) Fine
D) Restitution

Question 13

An offender may be required to provide financial reimbursement to cover the cost of a victim's loss. This sanction is referred to as

A) retribution.
B) a fine.
C) restitution.
D) community service.

Question 14

As a sentencing strategy or option, _____ is based on the premise that through correctional intervention an offender may be changed and returned to society as a productive citizen.

A) incapacitation
B) arraignment
C) retribution
D) rehabilitation

Question 15

The theory of __________ holds that fear of punishment will cause potential offenders to refrain from committing crimes.

A) incapacitation
B) retribution
C) deterrence
D) just deserts

Question 16

The philosophy of an "eye for an eye" is an example of what philosophy of punishment?

A) incapacitation
B) retribution
C) deterrence
D) rehabilitation

Question 17

Restorative justice differs from retributive justice in that restorative justice

A) focuses on ensuring that one party wins while the other party loses.
B) aims to identify obligations and promote healing.
C) aims to establish blame and administer pain.
D) focuses on reducing the exchange of information among victims, offenders, and the community.

Question 18

Most state prison inmates are serving __________ sentences.

A) preliminary
B) indeterminate
C) presumptive
D) concurrent

Question 19

What are the two types of sentencing guidelines?

A) voluntary and presumptive
B) mandatory and presumptive
C) voluntary and indeterminate
D) consecutive and concurrent

Question 20

Of the world's major industrialized nations, only the United States, Japan, and __________ retain the death penalty.

A) Russia
B) England
C) Germany
D) South Africa

Question 21

A state's major trial courts are the courts of general jurisdiction.

Question 22

There are 13 Circuit Courts of Appeals in the United States.

Question 23

All states are required to have 12 trial jurors for all crimes.

Question 24

The process by which lawyers and the judge examine a prospective juror to determine his or her acceptability is known as peremptory challenge.

Question 25

Of the world's major industrialized nations, only three retain the death penalty.

Question 26

Most states have three distinct levels of courts of law: courts of limited or special jurisdiction, courts of general jurisdiction, and courts of appellate jurisdiction. Discuss each of these levels of courts of law and the types of cases each may hear.

Question 27

There are several levels of federal courts. Discuss federal magistrates, the United States District Courts, the United States Circuit Courts of Appeals, and the Supreme Court of the United States.

Question 28

Discuss what psychological research reveals about the relationship between jury decision making, courtroom testimony, and eyewitness testimony and identification.

Question 29

Compare and contrast the five most prominent philosophies of punishment.

Question 30

Discuss the opposing deterrence and discrimination arguments regarding whether and to what extent executions deter murder.