Deck 8: The Courts

Question 1

How many Circuit Courts of Appeals are present in the United States?

A)5
B)13
C)67
D)94

Answer 1

B

Question 2

In most states,high courts have ________ appeals.

A)discretionary
B)mandatory
C)automatic
D)presumptive

Answer 2

A

Question 3

Most states have ________ justices on their high court.

A)7
B)9
C)3
D)5

Answer 3

A

Question 4

An example of a court of limited jurisdiction is a:

A)federal court.
B)juvenile court.
C)criminal court.
D)state court.

Question 5

Appellate courts:

A)decide the facts of a particular case.
B)determine whether legal errors were made at trial.
C)decide if a defendant is civilly liable for a criminal charge.
D)decide whether a defendant is guilty.

Question 6

Federal courts have jurisdiction over all of the following cases EXCEPT cases involving:

A)less than $25,000 in controversy.
B)federal law.
C)citizens of different states.
D)the federal constitution.

Question 7

A state's high court is often called its ________ court.

A)circuit
B)district
C)trial
D)supreme

Question 8

What does the current research say about drug courts?

A)Drug courts tend to be effective for reducing drug use but not recidivism for adults and youth.
B)Drug courts tend to be effective for adults but not for the youth.
C)Drug courts tend to be effective for reducing drug use and recidivism for adults and youth.
D)Drug courts tend to be effective for reducing recidivism for youth but not for adults.

Question 9

Which constitutional amendment prohibits a defendant from being tried twice for the same crime?

A)Fifth
B)Fourth
C)Eighth
D)Fourteenth

Question 10

Who is usually the only adult in a teen court?

A)The prosecutor
B)The judge
C)The defense attorney
D)The jury

Question 11

Cases in intermediary appeals courts are heard by:

A)a jury.
B)a panel of judges.
C)a judge.
D)a grand jury.

Question 12

In 2006,which of the following rules did the Supreme Court pass concerning suspected terrorists?

A)Suspected terrorists could be tried in courts-martial since they would have violated the Uniform Code of Military Justice.
B)Special military courts could try suspected terrorists at Guantanamo Bay if they were held there for more than five years.
C)Special military courts could not try suspected terrorists being held at Guantanamo Bay.
D)All of these answers are correct.

Question 13

Which of the following is NOT one of the listed benefits of court centralization?

A)A more streamlined bureaucracy
B)Greater consistency in procedures
C)Less vulnerability to local political pressures
D)Less sensitivity to local needs

Question 14

State trial courts are also called:

A)federal trial courts.
B)nonsuperior courts.
C)intermediary appeals courts.
D)district courts.

Question 15

Defendants in ________ cases often are entitled to automatic,nondiscretionary appeals to the high court.

A)death penalty
B)federal
C)kidnapping
D)terrorism

Question 16

Trial courts in federal jurisdiction are called ________ courts.

A)specialty
B)circuit
C)appellate
D)district

Question 17

Most criminal cases are prosecuted in ________ courts.

A)county
B)local
C)state
D)federal

Question 18

How many federal district courts are present in the United States?

A)67
B)5
C)94
D)13

Question 19

A specialty court deals with:

A)mentally ill offenders.
B)drug offenders.
C)all of these.
D)family law issues.

Question 20

To appeal a conviction,the ________ files an appellate brief.

A)defendant
B)judge
C)prosecutor
D)jury

Question 21

Which U.S.Supreme Court case helped to shape the role of the courts in the U.S.justice system by giving the Supreme Court the power of judicial review and the authority to interpret law?

A)Marbury v.Madison
B)U.S.v.Draper
C)Plessy v.Ferguson
D)Miranda v.Arizona

Question 22

John Jones loses his criminal case.He files an appellate brief with his state's intermediary court of appeals.John Jones is now the:

A)appellant.
B)plaintiff.
C)none of these answers are accurate.
D)respondent.

Question 23

Judge Mills enters her courtroom and sees that her neighbor is on trial for battery.Judge Mills must exercise ________ by turning the case over to another judge who can be impartial.

A)excusal
B)recusal
C)removal
D)vacate

Question 24

Most federal judges are nominated by the:

A)Senate.
B)president.
C)Congress.
D)Supreme Court.

Question 25

Approximately how many cases does the U.S.Supreme Court hear each year?

A)1,000
B)10,000
C)100
D)10

Question 26

Justice Sonia Sotomayor was nominated by President Barack Obama.Who was responsible for confirming her nomination?

A)The vice president
B)The Senate
C)The Supreme Court
D)The House of Representatives

Question 27

When appellate court judges ________ the case,they send it back to the trial court.

A)remand
B)demand
C)uphold
D)command

Question 28

John Jones loses his criminal case.He files an appellate brief with his state's intermediary court of appeals.Which of the following could John Jones appeal?

A)All of these answers are correct.
B)Allegations of faulty jury instructions
C)Inappropriateness of the sentence
D)The admission of evidence that should have been excluded at his trial

Question 29

What is a judge's office called?

A)The bench
B)In chambers
C)The seat
D)In house

Question 30

Which of the following statements is FALSE about appellate courts?

A)There is no evidence presented in appellate courts.
B)There is no jury in appellate courts.
C)Witnesses testify to a panel of judges in appellate courts.
D)Decisions in appellate courts can sometimes take months.

Question 31

Which of the following is NOT one of the duties of a judge?

A)Arresting individuals when probable cause exists
B)Releasing suspects from custody while trials are pending
C)Determining the amount of bail a defendant must provide
D)Issuing arrest warrants

Question 32

A judges' responsibility is to ensure that the trial proceeds according to the rules of:

A)real process.
B)due process.
C)fair process.
D)just process.

Question 33

John Jones loses his criminal case.He files an appellate brief with his state's intermediary court of appeals.Who will respond with a brief stating that no legal errors were made?

A)The prosecutor
B)The jury
C)The judge
D)The defendant

Question 34

During a criminal trial of a murder suspect,the judge must decide all matters of:

A)evidence.
B)substance.
C)fact.
D)law.

Question 35

If a judge on the appellate court disagrees with the majority decision,he or she can write a ________ opinion.

A)consenting
B)dissenting
C)concurring
D)recanting

Question 36

In the U.S.criminal justice system,who decides whether to issue search and arrest warrants?

A)The defense attorney
B)The prosecutor
C)The judge
D)The grand jury

Question 37

The judge in a criminal trial is responsible for all of the following EXCEPT:

A)ruling on motions that attorneys make.
B)deciding what evidence will be admitted.
C)giving the jurors their instructions.
D)deciding which jurors will serve on the jury.

Question 38

What do judges do?

A)Enforce laws
B)Interpret laws
C)Promulgate laws
D)Create laws

Question 39

If at least ________ justices agree that a case merits the Supreme Court's attention,then a writ of certiorari is issued,ordering the lower court to deliver all relevant records of the case for the Court's examination.

A)3
B)4
C)9
D)7

Question 40

All of the following are types of judges EXCEPT:

A)justices of the peace.
B)referees.
C)solicitors.
D)magistrates.

Question 41

Who is considered a state's head law-enforcement officer?

A)A U.S.attorney
B)The district attorney
C)The attorney general
D)A special prosecutor

Question 42

Bob is representing his client Ernest on a robbery charge.Bob learns that Ernest is going to commit another robbery,while out on bail,to pay for his legal defense in the first case.If Bob does not report this future criminal act,he can be charged as:

A)a conspirator.
B)an accessory.
C)an accomplice.
D)a co-defendant.

Question 43

Federal prosecutors are called:

A)solicitor attorneys.
B)district attorneys.
C)U.S.attorneys.
D)attorney generals.

Question 44

Which of the following is NOT one of the ways a federal judge loses his or her job?

A)Retiring
B)Firing
C)Impeachment
D)Resigning

Question 45

The Supreme Court has ruled that judges must recuse themselves from deciding cases involving parties who(m):

A)have given them significant campaign contributions.
B)are of the same political affiliation.
C)they have already found guilty in a previous decision.
D)have already appeared before their court.

Question 46

Who decides whether a suspect is charged with a crime?

A)The victim
B)The prosecutor
C)The judge
D)The jury

Question 47

Most public defenders are:

A)overworked.
B)inexperienced.
C)all of these.
D)underpaiD.

Question 48

The role of a defense attorney includes all of the following EXCEPT:

A)conducting pretrial investigations.
B)advising the police.
C)arguing about the sentence.
D)arguing the case in court.

Question 49

In a retention election,who decides whether a judge has performed well enough to stay on the bench?

A)The governor
B)The voters
C)The senators
D)The president

Question 50

A ________ is a generally agreed-upon sentence for a defendant based on the crime and prior record.

A)subpoena
B)going rate
C)venire
D)recusal

Question 51

Which of the following is NOT a type of indigent defense systems?

A)All are types of indigent defense systems.
B)Contract method
C)Public defenders
D)Assigned counsel

Question 52

Marcie works for a private law firm but takes indigent clients on a case-by-case basis and is paid a set fee for representing those clients.Marcie is:

A)a contracted attorney.
B)a public defender.
C)an assigned counsel.
D)a merit appointment attorney.

Question 53

Jack works for the government and represents indigent defendants.Jack is:

A)an assigned counsel.
B)a merit appointment attorney.
C)a contracted attorney.
D)a public defender.

Question 54

It is argued that the judiciary lacks:

A)gender diversity.
B)ethnic diversity.
C)social class diversity.
D)all of these.

Question 55

Federal prosecutors are appointed by the:

A)Senate.
B)Supreme Court.
C)Congress.
D)president.

Question 56

Most felony suspects in the United States:

A)have resources available to them.
B)are poor,and thus are represented by appointed counsel.
C)represent themselves.
D)pay for their attorney's fees.

Question 57

In a capital case,only the ________ can decide whether to seek the death penalty.

A)judge
B)victim
C)prosecutor
D)jury

Question 58

________ is when judges use the courts to further their own personal or social agendas.

A)Judicial nomination
B)Judicial review
C)Judicial activism
D)Judicial retention

Question 59

What constitutional amendment is violated when the attorney-client privilege is violated and what is said between a criminal defendant and his or her attorney is made known to the prosecutor and the judge?

A)Fifth
B)Eighth
C)Fourth
D)Fourteenth

Question 60

Prosecutors have all of the following duties EXCEPT:

A)arguing a state's case at appeals.
B)conducting investigations.
C)sentencing offenders.
D)arguing a state's case at trials.

Question 61

Andrew was removed as a potential juror because he was the brother of the defendant who was about to go to trial.His removal from the jury was based on the prosecutor's:

A)venire.
B)jury nullification.
C)challenge for cause.
D)peremptory challenge.

Question 62

The ________ maintains court records and schedules and also swears in jurors and witnesses in a trial.

A)court reporter
B)bailiff
C)court clerk
D)probation officer

Question 63

A subpoena:

A)orders a witness to appear in court.
B)is required when a defendant is appealing his case.
C)is issued by a bailiff.
D)orders the police to make an arrest.

Question 64

The most widely used system of indigent defense is:

A)the appointed counsel.
B)the assigned counsel.
C)a contracted attorney.
D)a merit appointment attorney.

Question 65

Who among the following is NOT a part of the courtroom workgroup?

A)The prosecutor
B)The defense attorney
C)The police officer
D)The judge

Question 66

Which of the following is a true statement about juries?

A)Juries decide matters of law.
B)Juries have been around for thousands of years.
C)Juries were first used after the British colonization of North America.
D)Civil law systems use juries today.

Question 67

Cindy is robbed while working as a clerk in a convenience store.The police apprehend Mike,the suspect in the case.Who is considered the victim in the case once the trial begins?

A)The state
B)The federal government
C)Cindy
D)The convenience store

Question 68

A ________ is a panel of citizens who may investigate certain crimes and determine whether sufficient evidence exists to bring a defendant to trial.

A)going rate
B)grand jury
C)voir dire
D)petit jury

Question 69

Sometimes juries choose not to apply criminal laws when they feel doing so would be unjust.This is an example of:

A)peremptory challenge.
B)jury nullification.
C)venire.
D)challenge for cause.

Question 70

A ________ is a group of people called to be prospective jurors.

A)defense attorney
B)going rate
C)voir dire
D)venire

Question 71

The Supreme Court has allowed juries as small as ________ members.

A)12
B)9
C)6
D)3

Question 72

Public defenders are:

A)appointed by a court administrator.
B)hired by the victim.
C)employed and paid by the government.
D)hired by the defendant.