Question 1

A minor crime, the penalty for which is a fine or imprisonment for a short time, usually less than a year, in a local jail is called a(n)
A)writ of habeas corpus.
B)new judicial federalism.
C)misdemeanor.
D)original jurisdiction.
E)felony.

Accepted Answer

A misdemeanor is defined as a minor crime that carries a punishment of a fine or imprisonment for a short time, usually less than a year, in a local jail. The other options do not fit the definition provided in the question.

Question 2

Most of the nation's judicial business is conducted by
A)federal courts.
B)federal circuit courts.
C)state and municipal judges.
D)the U.S.Supreme Court.
E)justices of the peace.

Accepted Answer

While federal courts and the U.S. Supreme Court handle important federal cases, the majority of judicial business is conducted by state and municipal judges who handle a variety of local cases including traffic violations, small claims, and criminal cases.

Question 3

The public defender system is an arrangement whereby the judge assigns a member of the bar to provide counsel to a particular defendant.

Accepted Answer

The public defender system is a government-funded system that provides legal representation to individuals who cannot afford to hire a private attorney, not a system where judges assign members of the bar to defendants.

Question 4

Municipal courts may function as all of the following EXCEPT
A)traffic courts.
B)family courts.
C)courts of appeal.
D)small claims courts.
E)police courts.

Accepted Answer

Municipal courts typically handle small claims, traffic violations, and minor offenses. They may also act as family courts and police courts. However, they do not have the jurisdiction to function as a court of appeal, which would be a higher level court that reviews decisions made in lower courts.

Question 5

In some instances procedures that substitute for formal trials including mediation, arbitration, conciliation, private judging, and advisory settlement conferences are preferable to an actual trial.

Accepted Answer

Procedures such as mediation, arbitration, conciliation, private judging, and advisory settlement conferences can often be more efficient, cost-effective, and less adversarial than a formal trial. They can also provide parties with more control over the outcome and can lead to a faster resolution of the dispute. However, in some situations, a formal trial may be necessary to fully resolve the issues at hand.

Question 6

A serious crime-the penalty for which can range anywhere from imprisonment in a penitentiary for more than a year, to death-is called
A)the writ of habeas corpus.
B)new judicial federalism.
C)a misdemeanor.
D)original jurisdiction.
E)a felony.

Accepted Answer

A serious crime that can result in imprisonment for more than a year or the death penalty is called a felony. Misdemeanors are less serious crimes with shorter potential sentences, while the writ of habeas corpus refers to the right of an individual to challenge their detention or imprisonment. New judicial federalism and original jurisdiction refer to different aspects of the legal system but are not related to the severity of a crime.

Question 7

All of the following are among the various trial courts of original jurisdiction, EXCEPT
A)county courts.
B)circuit courts.
C)superior courts.
D)district courts.
E)courts of appeal.

Accepted Answer

The courts of appeal are not trial courts of original jurisdiction, but rather appellate courts that review decisions made by lower courts. The other choices listed are all trial courts of original jurisdiction.

Question 8

Judicial elections have gained more attention recently because interest groups focus attention on judges whose decisions they find objectionable.

Accepted Answer

This statement is true. Judicial elections have become more partisan and controversial as interest groups seek to influence the outcome by supporting or opposing candidates based on their views on specific issues or cases. Judges may also be targeted for removal by such groups if they are perceived as biased or ineffective.

Question 9

There are approximately 2,300 chief prosecutors in the United States.

Accepted Answer

According to the National District Attorneys Association, there are approximately 2,400 elected or appointed chief prosecutors in the United States.

Question 10

New judicial federalism is defined as what?
A)A court order requiring explanation to a judge why a prisoner is being held.
B)The practice of some state courts using the bill of rights in their state constitutions to provide more protection for some rights than is provided by the Supreme Court's interpretation of the Bill of Rights in the U.S.Constitution.
C)A minor crime; the penalty is a fine or imprisonment for a short time, usually less than a year, in a local jail.
D)The authority of a court to hear a case "in the first instance."
E)A serious crime, the penalty for which can range from imprisonment in a penitentiary for more than a year to death.

Accepted Answer

New judicial federalism refers to the practice of some state courts using the bill of rights in their state constitutions to provide more protection for certain rights than is provided by the Supreme Court's interpretation of the Bill of Rights in the U.S. Constitution. This means that individual states may interpret their own constitutions differently than the federal government, creating different levels of protection for certain rights.

Question 11

More people are in prison in the U.S.than in any other country in the world.

Accepted Answer

The United States has the highest incarceration rate in the world, with 655 prisoners per 100,000 population as of 2020.

Question 12

It is difficult to generalize about state courts because
A)there are secrecy laws forbidding close inspection of state court systems.
B)there are so many different systems.
C)many are internally contradictory.
D)state court structures change every year.
E)state courts are dominated by change agents.

Accepted Answer

State courts vary in their organization, jurisdiction, and procedures. Each state has its own court system with its own set of rules and methods of operation. Therefore, it is difficult to generalize about state courts due to their diversity.

Question 13

Which of the following states' court system does NOT directly appeal trial court decisions to the state supreme court?
A)Maine
B)Montana
C)North Dakota
D)Rhode Island
E)West Virginia

Accepted Answer

Maine has an intermediate appellate court, the Maine Supreme Judicial Court, which handles appeals from trial courts before they can be appealed to the state supreme court.

Question 14

Decisions that are tried de novo are those which are tried
A)using testimony and evidence presented in the minor courts.
B)without reference to what happened in the minor courts.
C)for the first time.
D)to determine sentencing only.
E)when they are new.

Accepted Answer

Decisions that are tried de novo are those which are tried without reference to what happened in the minor courts. This means that the case is essentially being retried from the beginning, as if it had not been heard by a lower court. The decision is not based on any previous rulings or evidence presented in the minor courts.

Question 15

With respect to advisory opinions, state judges are
A)giving the court's view about a constitutional or legal issue.
B)more constrained than federal judges.
C)expected to offer them whenever a new law passes.
D)prohibited by state law in all fifty states.
E)offering political, rather than professional, opinions.

Accepted Answer

State judges can provide advisory opinions, which are non-binding statements on legal issues, unlike federal judges who are more restricted in this regard.

Question 16

In California, at what age do offenders move from juvenile court jurisdiction into the regular court system?
A)15
B)16
C)17
D)18
E)21

Accepted Answer

In California, the age at which offenders move from juvenile court jurisdiction into the regular court system is 18. This is because individuals under the age of 18 are generally considered minors and are typically handled within the juvenile justice system, while those 18 and older are considered adults and are processed through the adult court system.

Question 17

In how many states can the state supreme court give advisory opinions (unrelated to a particular case, that gives a court's view about a constitutional or legal issue) at the request of the legislature or governor?
A)3
B)5
C)7
D)9
E)11

Accepted Answer

The answer of In how many states can the state...

Question 18

Which of the following is true about the justice of the peace system?
A)It is still used in Massachusetts.
B)It is still used in most urban areas.
C)It is being gradually phased out.
D)Most rural areas phased it out in the 1980s.
E)It is no longer used in Arkansas and Louisiana.

Accepted Answer

The justice of the peace system is being gradually phased out, which means it is no longer used widely or consistently across the country. While some states may still use it in certain areas, there is a general trend toward a more centralized and professionalized justice system. Therefore, options A, B, D, and E are incorrect.

Question 19

Of the various types of courts, which courts not only apply the law but participate in shaping law and public policy?
A)Appellate courts
B)District courts
C)Superior courts
D)Probate courts
E)Common pleas courts

Accepted Answer

Appellate courts have the power to interpret the law and their decisions can set legal precedents that guide future court cases. They can also participate in shaping public policy by recognizing new legal rights or creating new legal standards. District courts, superior courts, probate courts, and common pleas courts primarily apply the law rather than shaping it.

Question 20

Original jurisdiction refers to what?
A)A court order requiring explanation to a judge why a prisoner is being held.
B)The practice of some state courts using the bill of rights in their state constitutions to provide more protection for some rights than is provided by the Supreme Court's interpretation of the Bill of Rights in the U.S.Constitution.
C)A minor crime; the penalty is a fine or imprisonment for a short time, usually less than a year, in a local jail.
D)The authority of a court to hear a case "in the first instance."
E)A serious crime, the penalty for which can range from imprisonment in a penitentiary for more than a year to death.

Accepted Answer

Original jurisdiction refers to the authority of a court to hear a case "in the first instance." This means that the court has the power to hear and determine the case without it being transferred from another court. It is in contrast to appellate jurisdiction, which involves the power to review and potentially overturn decisions made by lower courts.

Quiz 26: Judges and Justice in the States

A minor crime, the penalty for which is a fine or imprisonment for a short time, usually less than a year, in a local jail is called a(n)

Most of the nation's judicial business is conducted by

The public defender system is an arrangement whereby the judge assigns a member of the bar to provide counsel to a particular defendant.

Municipal courts may function as all of the following EXCEPT

In some instances procedures that substitute for formal trials including mediation, arbitration, conciliation, private judging, and advisory settlement conferences are preferable to an actual trial.

A serious crime-the penalty for which can range anywhere from imprisonment in a penitentiary for more than a year, to death-is called

All of the following are among the various trial courts of original jurisdiction, EXCEPT

Judicial elections have gained more attention recently because interest groups focus attention on judges whose decisions they find objectionable.

There are approximately 2,300 chief prosecutors in the United States.

New judicial federalism is defined as what?

More people are in prison in the U.S.than in any other country in the world.

It is difficult to generalize about state courts because

Which of the following states' court system does NOT directly appeal trial court decisions to the state supreme court?

Decisions that are tried de novo are those which are tried

With respect to advisory opinions, state judges are

In California, at what age do offenders move from juvenile court jurisdiction into the regular court system?

In how many states can the state supreme court give advisory opinions (unrelated to a particular case, that gives a court's view about a constitutional or legal issue) at the request of the legislature or governor?

Which of the following is true about the justice of the peace system?

Of the various types of courts, which courts not only apply the law but participate in shaping law and public policy?

Original jurisdiction refers to what?