Question 1

The traditional prosecutorial model is problem-oriented and proactive, not case-oriented and reactive to crime.

Accepted Answer

The traditional prosecutorial model is case-oriented and reactive to crime, focusing on prosecuting cases that are brought to them, rather than being problem-oriented and proactive in addressing underlying issues leading to crime.

Question 2

The two common forms of alternative dispute resolution programs are arbitration and mediation.

Accepted Answer

The statement is true. The two common forms of alternative dispute resolution programs are arbitration and mediation.

Question 3

One positive with the U.S. court system is that the number of cases, especially in limited jurisdiction courts, has been decreasing for more than a decade.

Accepted Answer

The number of cases in U.S. courts, including those in limited jurisdiction courts, has been increasing or fluctuating, not consistently decreasing, over the past decade. Factors such as population growth, legislative changes, and societal issues contribute to the volume of cases.

Question 4

U.S. Attorneys serve as the nation's principal litigators and are appointed by the President of the United States.

Accepted Answer

U.S. Attorneys are indeed appointed by the President of the United States and serve as the chief federal prosecutors for their respective districts.

Question 5

The contract system requires that a block grant be given to lawyers or firms to handle indigent defense cases.

Accepted Answer

The contract system for indigent defense requires that a block grant be given to lawyers or firms in exchange for providing legal representation to those who cannot afford it.

Question 6

Title 9 of the U.S. Code contains federal arbitration law.

Accepted Answer

Title 9 of the U.S. Code, also known as the Federal Arbitration Act, governs the use of arbitration in federal courts and applies to contracts involving interstate commerce.

Question 7

Often, large firms contribute the services of their newest members for legal aid to indigent defendants, meaning that these defendants get more inexperienced and raw lawyers handing cases that could mean life or death.

Accepted Answer

This statement is true. Large firms often offer the services of their newest lawyers for pro bono work, including legal aid for indigent defendants. This can mean that these defendants are given less experienced lawyers for their cases.

Question 8

The first public defender program began in Jasper, Indiana, in 1896.

Accepted Answer

The first public defender program in the United States was established in Los Angeles, California, in 1914.

Question 9

One difficulty with "courts of last resort" on the state level is that only forty-two states and the District of Columbia have courts of last resort, with eight states maintaining a checks and balance system only.

Accepted Answer

All fifty states and the District of Columbia have courts of last resort, typically known as supreme courts, which serve as the highest judicial authority within their respective jurisdictions.

Question 10

Out of five thousand cases submitted to the Supreme Court annually, only about half are actually heard.

Accepted Answer

Out of the five thousand cases submitted to the Supreme Court annually, only about 100 to 150 are actually heard.

Question 11

The groundwork for the federal court system can be found in the U.S. Constitution, which calls for the creation of one Supreme Court.

Accepted Answer

The U.S. Constitution does call for the creation of one Supreme Court, and it also provides for Congress to establish lower federal courts.

Question 12

Federal District Courts hear cases in which one state sues another.

Accepted Answer

Federal District Courts have original jurisdiction over cases involving controversies between two or more states.

Question 13

CASE 9.3
Donald Reed, a Vietnam Veteran and former engineer, was arrested for possession of marijuana and resisting arrest after officers found him smoking the drug under a bridge overpass in Cincinnati, Ohio. Mr. Reed is currently unemployed and is homeless after divorcing his wife in 1999 and losing his job in 2006. Given this information, answer the following questions.
-The right to an attorney for those who are unable to afford one was made law by the Supreme Court in 1963; in what year was the law expanded to include any crime, felony, or misdemeanor for which jail/prison time was an option

Accepted Answer

The right to an attorney for those who are unable to afford one was made law by the Supreme Court in 1963 in the case of Gideon v. Wainwright. The law was expanded to include any crime, felony, or misdemeanor for which jail/prison time was an option in 1973 in the case of Argersinger v. Hamlin. Therefore, the best choice is B.

Question 14

Even if a prosecutor decides to pursue a case, the charges may later be dropped if the conditions are not favorable for a conviction.

Accepted Answer

Prosecutors have the discretion to drop charges at any point in the criminal justice process, including after charges have been filed but before trial, if they believe the evidence does not support a conviction or for other legal and strategic reasons.

Question 15

Altogether, about 90% of state trial judges will face elections of some type during their tenure on the bench.

Accepted Answer

According to a study by the Brennan Center for Justice, about 90% of state trial court judges face some form of election during their time on the bench.

Question 16

CASE 9.3
Donald Reed, a Vietnam Veteran and former engineer, was arrested for possession of marijuana and resisting arrest after officers found him smoking the drug under a bridge overpass in Cincinnati, Ohio. Mr. Reed is currently unemployed and is homeless after divorcing his wife in 1999 and losing his job in 2006. Given this information, answer the following questions.
-If it was later determined that Mr. Reed or another party was to pay a partial or full amount back to the attorney or organization representing him, this would be called:

Accepted Answer

Recoupment refers to a situation where a party is required to pay back a portion or the full amount of the expenses incurred by an attorney or organization representing them. This can occur in cases where the party receives legal assistance but later comes into money or assets that allow them to pay back the costs.

Question 17

Court clerks have a wide range of duties, most of which consist of maintaining court records; receiving, processing, and maintaining judgments; and swearing in witnesses.

Accepted Answer

Court clerks are responsible for maintaining court records, receiving and processing judgments, and administering oaths to witnesses, among other tasks.

Question 18

Courts of general jurisdiction may be responsible for reviewing cases on appeal from courts of limited jurisdiction.

Accepted Answer

Courts of general jurisdiction have the power to review cases on appeal from courts of limited jurisdiction, which are lower courts that handle specific types of cases such as traffic violations or small claims.

Question 19

Research shows that election considerations do shape judicial decision making.

Accepted Answer

Scholars have found evidence that judges may take into account their reputation among voters and political pressure when making decisions, especially in high-profile cases or in states where judges are elected rather than appointed.

Question 20

One major difference between arbitration and mediation is that mediation is much more formal than arbitration hearings.

Accepted Answer

This statement is false. In fact, the opposite is typically true. Arbitration hearings are generally more formal than mediation, with rules of evidence and formal procedures in place for presenting arguments and evidence. Mediation, on the other hand, is typically less formal, with the mediator acting as a neutral third party to facilitate discussions and negotiations between the parties involved.

Quiz 9: 9 Court Structure and Personnel