Judicial Process and Politics Final

In a state court case, even if there are still state courts to which a defendant may appeal his conviction, the U.S. Supreme Court reserves the right to hear the case. True. Correct Answer False.

False.

Which statement does not accurately describe the criminal law? Violations involve public wrongs. Violators are prosecuted by the state. Violators are punished by fine, probation, prison, etc. Correct! Violators must pay compensatory damages to victims.

Violators must pay compensatory damages to victims.

Which of the follow best describes Earl Warren's life before he became Chief Justice of the U.S. Supreme Court? Warren grew up in Bakersfield, California and was a superb student Warren was the Dean of Harvard Law School Warren was an experienced trial court judge Warren was prominent in Republic politics

Warren was prominent in Republic politics

The president's freedom to nominate judges is greatest in the: bankruptcy courts district courts Correct! Washington D.C. courts U.S. Supreme Court

Washington D.C. courts

The amicus brief submitted by the 22 states and Fortas's brief in support of Gideon disagreed on which point? Whether to apply the counsel requirement to misdemeanors as well as felonies. Correct! What to do with regard to the defendants who had been sentenced without counsel. Whether defendants had a right to counsel immediately following arrest. What to do in regard to Gideon's specific trial and situation.

What to do with regard to the defendants who had been sentenced without counsel.

Illegally obtained evidence may be excluded under the prohibition against unreasonable searches and seizures of the: First Amendment Sixth Amendment Eighth Amendment Fifth Amendment Correct! Fourth Amendment

Fourth Amendment

Who is the current chief justice of the U.S. Supreme Court? Earl Warren Ruth Bader Ginsburg William Rehnquist Correct! John Roberts Anthony Kennedy

John Roberts

Social, economic and political forces influence: all aspects of the legal system lawmakers law interpreters law consumers

all aspects of the legal system

The term integrated bar refers to: elimination of racial barriers in bar associations Correct Answer all lawyers must belong to the state bar association all lawyers in the state must belong to the American Bar Association the power of bar associations to discipline members

all lawyers must belong to the state bar association

A complaint includes a: description of the courts' jurisdiction statement of the facts cause of action remedy Correct! all the above

all the above

The Supreme Court has ruled that juries: must be composed of 12 people are available only in felony cases must reach unanimous verdicts in all cases Correct Answer can be of differing sizes

can be of differing sizes

The most formal of dispute processing institutions are: arbitrators ministers mediators Correct! courts

courts

According to the Disputing Pyramid Model, the following exists only when a claim is rejected: Correct! dispute grievance mediation lawsuit

dispute

Cases in the U.S. Courts of Appeals can come from: Correct! federal administrative agencies that lost in a lower court state supreme courts the U.S. Supreme Court the U.S. Court of Appeals for the Federal Circuit

federal administrative agencies that lost in a lower court

Amicus curiae means: gatekeepers in law Correct! friend of the court to influence greatly to influence little attorney at law

friend of the court

The requirement of standing means that to sue in federal court one must demonstrate that he or she: has contacted all similarly situated potential plaintiffs can prove his or her case beyond a reasonable doubt has tried to resolve the issue through the other branches of government Correct! has been involved in an actual dispute

has been involved in an actual dispute

According to studies of judicial role, which phrase best describes judges who express a very narrow and traditional view of the judicial process? conservatives pragmatists Correct Answer law interpreters lawmakers

law interpreters

A recent effort to streamline jury duty is: Correct! one day/one trial system voir dire jury compensation six-member jury assembly?line justice

one day/one trial system

Currently, the United States has ___ U.S. District Courts 12 50 51 Correct! 94 152

94

Trial courts of general jurisdiction are: limited to misdemeanor cases Correct Answer unlimited as to what they may hear limited to civil cases limited to felony cases

unlimited as to what they may hear

Civil law is: Correct Answer widely used among Western nations derived from religious principles an earlier branch of Anglo?American law based on the protection of the state

widely used among Western nations

Prior to 1988, if a lower court declared an Act of Congress unconstitutional, the losing side might file which of the following with the Supreme Court: writ of certification Correct Answer writ of appeal writ of certiorari writ of curium writ of chancery

writ of appeal

How much personal injury protection coverage is a Florida-licensed driver required to maintain? Correct! $10,000 $15,000 $25,000 $50,000

$10,000

How many justices must vote to place a case on the Supreme Court docket? 3 Correct! 4 6 9

4

In most courts, the rate of case attrition between arrest and the trial stage is: 60% 40% 25% Correct! 50% 75%

50%

Fearing Justice Marshall's persuasiveness, Thomas Jefferson argued for what? A requirement that the Chief Justice remain impartial. A requirement that concurring opionions be banned. A requirement that all cases be decided unanimously. Correct! A requirement that each member of the Supreme Court write a separate opinion.

A requirement that each member of the Supreme Court write a separate opinion.

Which of the following are shared similarities between judges? Most are upper middle class males. Most were born in the community in which they serve. Most have held prior public office. Some of the above Correct! All of the above

All of the above

Which of the following statement or statements are correct about felony defendants? Defendants are younger, less educated, and poorer than the average American. Defendants are often powerless. Violators of the criminal law come from all social and economic classes. Correct! All of the above

All of the above

Which statement or statements best describe public opinion about the Supreme Court? The general public knows surprisingly little about the Supreme Court. The general public is often dissatisfied with specific Supreme Court decisions. Public support for the Supreme Court is consistently higher than for other political institutions. Correct! All of the above Some of the above

All of the above

Which statement or statements best describe small claims court? Plaintiffs win a high percentage of the time. The typical defendant is an individual or tenant. Hiring a lawyer is associated with a favorable outcome. Correct! All of the above Some of the above

All of the above

Which statement or statements best describe criminal defense services for the poor? Assigned counsel is paid at the same rate as a private attorney. Correct! Assigned counsel is paid at a lower rate than a private attorney. Most lawyers actively seek assigned counsel cases. Assigned counsel tends to be more experienced than a public defender in handling criminal cases.

Assigned counsel is paid at a lower rate than a private attorney.

Which of the following is a true statement about funding of state courts? Although some courts in poor, urban areas are underfunded, the problem of underfunding is not widespread. Correct! Because civil litigants have no right to a speedy trial, some plaintiffs must wait years to have their cases heard in court. Court costs are covered by filing fees. When there's a surge in cases, the courts have enough resources to handle more cases. State courts are funded by the federal government. The solution to underfunding state courts is to elect a members of Congress that understand the importance of state courts.

Because civil litigants have no right to a speedy trial, some plaintiffs must wait years to have their cases heard in court.

What crime had Clarence Gideon been convicted of committing after the trial court refused to provide him a lawyer? Correct! Breaking and entering. Tampering with federal mail. Loitering. Tax evasion.

Breaking and entering.

What constitutes the "Miscellaneous Docket" at the Supreme Court? Cases brought by individuals challenging the constitutionality of state laws. Cases brought by individuals that don't fit in to any other category. Cases brought by individuals who are filing amicus curiae briefs. Cases brought by individuals too poor to format them properly.

Cases brought by individuals too poor to format them properly.

The appellate jurisdiction of the Supreme Court is determined by: Correct! Congress the Supreme Court the Justice Department the Constitution

Congress

With regard to federalism, which of the following was the biggest problem that Abe Fortas faced in the Gideon case? Convincing the Court to overturn a Florida statute enacted through the democratic process. Convincing the Court that states did not have the right to set different criminal procedures. Correct! Convincing the Court to apply a 50-state standard of criminal procedure. Convincing the Court that federal power trumped state power.

Convincing the Court to apply a 50-state standard of criminal procedure.

An amicus brief submitted by Alabama in support of Florida's position against Gideon argued what? Providing public defenders would be a substantial and unreasonable cost to the state government. The logical extension of overturning Betts would be requiring counsel even in traffic cases. Requiring the presence of attorneys in all court proceedings would subvert the judicial process. Correct! Defendants without attorneys would be more likely, not less, to receive less strict sentences from juries.

Defendants without attorneys would be more likely, not less, to receive less strict sentences from juries.

A summons is an informal notice that you been named in a lawsuit. True Correct! False

False

Bankruptcy judges are Article III judges who are insulated from political pressures by life tenure and protection from pay cuts. True Correct! False

False

Cameras are prohibited in the Florida Supreme Court. You can read transcripts of oral arguments before the Florida Supreme Court, but can't see it in action unless you observe it in person. True Correct! False

False

Doctrines of access increase the workload of the Supreme Court. True Correct! False

False

Few controversial issues are being brought to the American judiciary. True False

False

Former Supreme Court law clerks are barred from later arguing cases before the Supreme Court. True Correct! False

False

Habeas corpus relief has been expanding. True Correct! False

False

Juries must always be unanimous. True Correct! False

False

Less than 20% of civil cases are disposed of through a settlement. True Correct! False

False

Most federal court cases are disposed of by trial. True Correct! False

False

Most lawsuits in the United States involve policy litigation. True Correct! False

False

One hundred percent of federal judges nominated by the president share his political philosophy. True Correct! False

False

Prisoner petitions are declining. True Correct! False

False

The Bill of Rights is part of the Declaration of Independence. True Correct! False

False

The U.S. Supreme Court and most state supreme courts largely have mandatory jurisdiction. True Correct! False

False

The U.S. Supreme Court is required to grant at least 10% of the petitions for review it receives each year. True Correct! False

False

The U.S. Supreme Court's Friday conferences are closely guarded meetings. Only the justices, their law clerks, the Clerk of the Court, a court reporter, and personal secretaries may attend the meeting. True Correct! False

False

The number of paid cases heard submitted to the Supreme Court for review has been increasing rapidly over the past thirty years. True Correct! False

False

The vast majority of the cases that come to the Supreme Court arise under their original jurisdiction. True Correct! False

False

There is wide agreement among the public and legal profession about what constitutes a "good judge." True Correct! False

False

To keep the criminal justice system fair, the Supreme Court requires states to fund prosecutors and public defenders at equal levels. True Correct! False

False

Traffic cases represent only a small portion of the cases heard by lower courts each year. True Correct! False

False

When the Clerk of the U.S. Supreme Court received Clarence Earl Gideon's petition for review, it was immediately apparent that his case would be historically significant. True Correct! False

False

Which of the following is not a major reason why cases are often dropped before a trial? Prosecutors' substantive assessments of the seriousness of the case. Police fail to gather sufficient evidence. Victims and witnesses don't show up to testify. Correct! First offenders usually have charges dropped.

First offenders usually have charges dropped.

Though Fortas requested the transcript of Gideon's original trial, the State of Florida objected to its inclusion in the record. What was their rationale? Correct! Gideon appealed the denial of his habeas corpus petition, not his actual criminal trial. Because Gideon's trial was in a lower-level court, a formal transcript was not ever issued. Under the "special circumstances" doctrine, the trial record was inadmissible. Gideon's trial record was not a public record under state law.

Gideon appealed the denial of his habeas corpus petition, not his actual criminal trial.

Which statement best describes the chief justice of the Supreme Court? He is selected by the other justices of the Supreme Court. He is selected on a rotating basis. Correct! He has supervisory authority over the entire federal court system. He has supervisory authority over the state and federal systems. Beyond deciding cases, he holds only a ceremonial position.

He has supervisory authority over the entire federal court system.

All of the following were reasons that Abe Fortas inclined to learn more about Gideon before proceeding with the case, EXCEPT: He wanted to know if Gideon had a criminal history. He wanted to learn more about Gideon's character. He wanted to know what Gideon's racial and ethnic background was. Correct! He wanted to know if Gideon actually committed the crime.

He wanted to know if Gideon actually committed the crime.

Among other things, what did the Judiciary Act of 1789 do in regard to the U.S. Supreme Court? Correct! It gave them the power to review state court decisions on federal questions. It gave them the power to review state court decisions based on their interpretation of state law. It prevented them from reviewing state court decisions on federal questions. It prevented them from reviewing any state court decision on the basis of federalism.

It gave them the power to review state court decisions on federal questions.

What is a writ of certiorari? It is a "friend of the court" brief, in which interested parties advance other possible legal and constitutional arguments. It is the decision by the Supreme Court not to hear a case and to affirm the lower court's ruling. It is the decision by the Supreme Court not to hear a case, but to overturn the lower court's ruling anyways. Correct! It is a request for a court to hear a case.

It is a request for a court to hear a case.

What does it mean for a case to be filed in federal court in forma pauperis? It is submitted electronically, without paper. It is submitted in multiple parts. It is submitted without the usual forms or filing fees. It is submitted as part of a class-action lawsuit.

It is submitted without the usual forms or filing fees.

Under American law, what does a jury of one's peers mean? Correct! Jurors must be selected from a cross-section of the community. The jury must contain persons of the same social background as the defendant. Jurors should be longtime members of the community. Jurors should be familiar with the defendant's neighborhood. Minorities must be represented on the jury.

Jurors must be selected from a cross-section of the community.

Which of the following does not define law? Law is that which must be obeyed. Law is a body of rules enacted in a legitimate manner. Correct! Law is enacted by businesses and private social groups. Law is enforced by the state. All of the above define law.

Law is enacted by businesses and private social groups.

Who was nominated to the Supreme Court for symbolic reasons as part of President Nixon's southern strategy? Correct! Lewis Powell Warren Burger William Rehnquist Harry Blackmun Sandra Day O'Connor

Lewis Powell

Which is a following is a correct statement about Stella Liebeck's injury? Liebeck spilled hot coffee on herself as she drove away from from the McDonald's drive through window. Liebeck suffered only minor physical injuries, but her attorneys convinced the jury she suffered significant emotional distress because she lost her appetite for coffee. It would have been safe for Liebeck to drink the coffee because the mouth and throat are far more resistant to burns than someone's skin. Correct Answer Liebeck was not the first McDonalds customer to be burned; in facts, McDonalds knew their coffee burned hundreds of customers before Liebeck.

Liebeck was not the first McDonalds customer to be burned; in facts, McDonalds knew their coffee burned hundreds of customers before Liebeck.

According to Gideon's Trumpet, how did most Attorneys General respond to attorney Jacob's request for the submission of amicus curiae briefs? Almost all of them did not respond. Almost all of them responded but refused to help. Most of them expressed support for Jacob's position but did not have the resources to submit a brief. Correct! Most either did not respond or did not want to help.

Most either did not respond or did not want to help.

Since World War II, which state supreme court has been considered the leader in the development of legal doctrines? Ohio Alabama Correct! New Jersey California Illinois

New Jersey

During jury selection in his criminal trial, how many jurors did Clarence Gideon attempt to remove? Correct! None. One. Two. All of them.

None.

Which statement best describes the appellate court process? Correct Answer Only questions of law may be appealed. Trial court findings of fact are subject to scrutiny. If the record is unclear, witnesses may be called. Single judges typically make the decision.

Only questions of law may be appealed.

Which statement best describes the appellate court process? Correct! Only questions of law may be appealed. Trial court findings of fact are subject to scrutiny. If the record is unclear, witnesses may be called. Single judges typically make the decision.

Only questions of law may be appealed.

Which statement best describes post-conviction remedies? The Burger Court expanded the grounds upon which they can be filed. Defendants on probation are the most likely to win. Correct! Reform proposals primarily reflect concerns about judicial administration. They are only filed in capital punishment cases.

Reform proposals primarily reflect concerns about judicial administration.

The American Bar Association generally has the most influence over the selection of federal judges during: Correct! Republican administrations the recruitment process confirmation hearings Democratic administrations

Republican administrations

The right to counsel is specified in what Constitutional Amendment? First Fourth Fifth Correct! Sixth Eighth

Sixth

The most distinctive feature of law school instruction is known as the: blue-book method textbook method dialectic method Correct! Socratic method

Socratic method

Which statement or statements best describe where lawyers work? The proportion of lawyers in private practice is declining. Private practice remains the most important place where lawyers work. The size of law firms is increasing. Correct Answer Some of the above All of the above

Some of the above

Which statement best describes justice of the peace courts (JPs)? Historically, most JPs were lawyers. Nonlawyer JPs often receive extensive training. The Supreme Court has held that JPs must be lawyers. Correct! States are beginning to eliminate nonlawyer JPs.

States are beginning to eliminate nonlawyer JPs.

The current administrative structure of the federal judiciary is largely the product of: The Judiciary Act of 1789 The Judiciary Act of 1889 The Judge's Bill of 1925 Correct! The Administrative Office Act of 1939 The Judiciary Act of 1971

The Administrative Office Act of 1939

Which of the following statement best characterize the Warren Court (the time period when Earl Warren was Chief Justice of the U.S. Supreme Court)? It is remember for its strict construction of the Constitution It avoided controversial decisions in order to protect its reputation The Warren Court made a number of landmark, liberal decisions The Warren Court is best known for striking down New Deal legislation during the Great Depression

The Warren Court made a number of landmark, liberal decisions

According to Betts v. Brady (U.S. 1942), a defendant should only be provided an attorney in a state criminal trial if what was true? The defendant was convicted only on technicalities during the trial. The absence of an attorney would have resulted in "a denial of fundamental fairness." The defendant was not mentally capable of representing themselves. The defendant could not afford an attorney.

The absence of an attorney would have resulted in "a denial of fundamental fairness."

Which of the following is not true about American courts after the Civil War? The growth of cities meant that more complex cases went to the courts. Many new courts were added. Specialized courts were created. Correct! The addition of new courts was carefully planned.

The addition of new courts was carefully planned.

Clarence Gideon was denied an attorney in his trial by the judge in accordance with Florida law. Why? The crime was not a capital offense. The crime was not a felony. The crime did not carry a possible sentence of at least five years. The court determined that Gideon could afford an attorney.

The crime was not a capital offense.

Which statement best describes community mediation programs? Arbitration is the dominate mode of dispute resolution. Correct! The focus is on minor disputes. Many programs have close links to the courts. Most offer extensive social services, like free drug rehabiliation

The focus is on minor disputes.

Which statement best characterizes current practices of grand juries? Grand juries effectively screen cases when there has been no preliminary hearing. Correct! The grand jury is effectively dominated by the prosecutor. Grand juries consider only major investigations. Defense attorneys effectively use grand juries to block the filing of charges.

The grand jury is effectively dominated by the prosecutor.

According to a memorandum written by John Hart Ely, the U.S. Supreme Court had established all of the following as possible "special circumstances" that would require an attorney in a trial, EXCEPT: How complicated the criminal statute was. Prosecutorial misconduct. Correct! The likelihood of the defendant's guilt. The race of the defendant.

The likelihood of the defendant's guilt.

What is stare decisis? Correct Answer The notion that court decisions ought to be followed in future cases. The notion that court decisions offer nonbinding suggestions in future cases. The notion that court decisions can and should be overturned if they were unjustly decided. The notion that courts should intervene in state government decisions.

The notion that court decisions ought to be followed in future cases.

In Betts v. Brady, why did Judge Bond of the Maryland Court of Appeals reject Betts' appeal? Correct! The trial was so simple that an attorney would not have been able to alter the outcome. Betts was obviously guilty, and had an attorney changed the result, it would have been a perversion of justice. Judge Bond hoped for an appointment to the Supreme Court. The establishment of a universal right to an attorney would have opened the floodgates for appeals.

The trial was so simple that an attorney would not have been able to alter the outcome.

How many U.S. District Courts are there in each state? There are two in each state. There may be one for several states. They are distributed according to population. Correct! There is at least one per state.

There is at least one per state.

Which statement best describes doctrines of access? They are clearly defined and largely inflexible. Correct! They grant the Supreme Court flexibility in deciding which cases the federal courts will hear. They vary little depending on the justices sitting on the court. They are largely based on the Constitution and legislative acts.

They grant the Supreme Court flexibility in deciding which cases the federal courts will hear.

Chief Justice Hughes argued that a dissenting opinion could serve what purpose? Correct! To persuade a future Court to overturn the majority opinion. To persuade other members of the Court to reconsider their votes. To galvanize public opinion on the issue. To provide cover for members of the Court too timid to articulate their opposition.

To persuade a future Court to overturn the majority opinion.

Supporters of the Betts doctrine argued that, if counsel were guaranteed to everyone, it could logically extend to which kind of cases? Divorce cases. Correct! Traffic cases. Child custody cases. Misdemeanor cases.

Traffic cases.

Abe Fortas, the prominent DC attorney appointed to represent Gideon in the U.S. Supreme Court, thought it would be helpful to know his client's biographical background in order to better represent him. Correct! True False

True

Administrative law is the fastest growing area of law. Correct Answer True False

True

Compensatory damages are for the actual harm suffered. Correct! True False

True

Courts are passive institutions. True False

True

Defendants in tort cases are usually large insurance companies. Correct! True False

True

In Gideon's trial, Florida law allowed the judge to appoint him legal counsel, but the law did not require the judge to appoint defense counsel. Correct! True. False.

True

In felony court, most defendants are found guilty. Correct! True False

True

Interest groups try to influence judicial nominations. Correct! True False

True

International law is an example of public law. Correct! True False

True

Judicial misconduct often involves corruption. Correct! True False

True

Less than one out of four arrests for Type I offenses involve a crime of personal violence. Correct! True False

True

Mediation focuses on a resolution to a dispute that both parties find satisfactory. Correct! True False

True

Members of the courtroom work group try to avoid trials. Correct! True False

True

No U.S. District Court boundary crosses state lines. Correct! True False

True

No-fault divorce systems require irreconcilable differences. Correct! True False

True

Passing the Bar Exam is a requirement for practicing law. Correct! True False

True

Petty offenses enjoy no constitutional right to a jury trial. Correct Answer True False

True

Stella Liebeck's jury verdict against McDonalds was substantially reduced by the courts. Correct! True False

True

The Congress is active in establishing tort reform at the national level. Correct! True False

True

The NAACP Legal Defense and Educational Fund is the nation's oldest civil rights law firm. Correct! True False

True

The concept of mootness requires that the court's decision must be able to grant some relief to the parties. Correct Answer True False

True

The courtroom work group depends on regularity of behavior. Correct! True False

True

The justices' ideological preferences are related to which cases get granted review by the Supreme Court. Correct! True False

True

The number of "Index Crimes" has declined since 1990. Correct! True False

True

The number of adults in prison is now over one million. Correct! True False

True

The percentage of law school graduates who found full-time legal employment upon graduation increased in 2014, but this is partly due to the fact that fewer students enrolled in and graduated from law schools. Correct! True False

True

Tort reform has traditionally been a state legal matter. Correct Answer True False

True

Twenty-five percent of all lawyers in the United States work in California and New York. Correct! True False

True

U.S. courts are both legal and political institutions. True False

True

At the time that it was enacted, the Bill of Rights was though to only limit federal action, not the actions of state governments. Correct! True. False.

True.

According to Gideon's Trumpet, why did attorneys Ely and Fortas argue that mandating counsel could potentially result in a better achievement of federal values? States would know exactly how much to pay public defenders. A nationwide standard would allow litigation into other constitutional violations. States would not have to waste tax dollars defending cases involving denial of counsel. Correct! Under the Betts doctrine, states were left to blindly guess how to properly apply it.

Under the Betts doctrine, states were left to blindly guess how to properly apply it.

In the majority opinion, the Court answered NONE of the following questions, EXCEPT: Does the new rule apply only to felonies? Does this ruling apply to those in prison? At what stage of the criminal proceeding is counsel required? Correct! Would Betts v. Brady be overturned?

Would Betts v. Brady be overturned?

Clarence Earl Gideon filed his appeal in the U.S. Supreme Court in 1962. He argued that the Constitution gave him the right to an attorney. Had the Court addressed this issue before 1962? Yes. The Court ruled twenty years earlier that the Constituition guarantees the right to an attorney, which meant Gideon was clearly right and should prevail. Correct! Yes. The Court ruled twenty years that a defendant has the right to attorney, but there is no requirement that the state pay for legal representation. No. The Court did not have the opportunity to address right to counsel before Gideon's appeal. No. The Court addressed the right to counsel in capital crimes, but not in non-capital cases like Gideon's.

Yes. The Court ruled twenty years that a defendant has the right to attorney, but there is no requirement that the state pay for legal representation.

The development of intermediate courts of appeals was designed to alleviate: tension between judges jurisdictional disputes Correct! a backlog of appellate cases in courts of last resort public mistrust of trial lawyers

a backlog of appellate cases in courts of last resort

Either the plaintiff or the defendant may appeal a decision to an appellate court in: a criminal case Correct! a civil case both criminal and civil cases neither criminal nor civil cases

a civil case

The debate between the Anti-Federalists and Federalists concerning the nature of the courts centered on: possible conflicts between states a fear of too much popular control loss of patronage Correct! a loss of state court power

a loss of state court power

The U.S. Constitution's Fifth Amendment prohibition of double jeopardy means: every party has the right to a jury trial the losing party has the right to one appeal Correct! a prosecutor cannot appeal a verdict of not guilty a defendant is innocent until proven guilty defendants have a right to counsel

a prosecutor cannot appeal a verdict of not guilty

Contemporary approaches to solving the problem of appellate court caseloads involve which of the following? adopting expedited processing techniques restricting the jurisdiction of the intermediate appellate courts adding additional courts hiring more judges

adopting expedited processing techniques

Which of the following do federal courts not issue? injunctions Correct Answer advisory opinions writs of mandamus writs of habeas corpus writs of appeal

advisory opinions

A challenge for cause must include: agreement between prosecution and defense lack of agreement between prosecution and defense Correct! agreement from the judge no reason for dismissal

agreement from the judge

Hiring a lawyer often shows: a presence of legal realities the individual's seriousness in continuing the case the client's need to understand legal rules better Correct! all of the above some of the above

all of the above

Interest group strategies to influence the courts include: direct sponsorship amicus curiae briefs class action lawsuits judicial nominations Correct! all of the above

all of the above

Which group or groups are involved in judicial selection in the United States? lawyers elected officials the public Correct! all of the above

all of the above

Which of the following play a significant role in determining the length of a defendant's sentence? legislators judges parole boards Correct! all of the above some of the above

all of the above

Which of the following is not a concession generally offered defendants in return for a plea of guilty? reduction in the seriousness of the charge Correct! allowing the defendant to decide if he or she will be charged under federal or state law a promise of a lenient sentence dismissal of other charges

allowing the defendant to decide if he or she will be charged under federal or state law

If the grand jury finds probable cause that a defendant committed a crime, they return: nolle prosequi an information a complaint no true bill Correct! an indictment

an indictment

The process by which parties submit a dispute to a third party to impose a binding decision is called: litigation mediation negotiation Correct! arbitration settlement

arbitration

Critics charge that community courts: are too formal Correct! are too informal result in lengthy delays make work for too many lawyers

are too informal

The distinction between a public defender system and an assigned counsel system is that public defenders are: law students attorneys from private law firms Correct! attorneys employed by a government agency some of the above none of the above

attorneys employed by a government agency

A tort case requesting a large sum of money is likely to involve which of the following types of negotiations? Correct! best result appropriate result ritualistic bargaining short bargaining

best result

For a death penalty law to be constitutional, the Supreme Court ruled it must provide for: proportionality review stochastic process Correct Answer bifurcated process retribution process

bifurcated process

For a death penalty law to be constitutional, the Supreme Court ruled it must provide for: proportionality review stochastic process Correct! bifurcated process retribution process

bifurcated process

A judge's docket refers to his or her: legal training use of the ABA scheduling software Correct! calendar of cases use of technology in the courtroom

calendar of cases

The Supreme Court has ruled that juries: must be composed of 12 people are available only in felony cases must reach unanimous verdicts in all cases Correct! can be of differing sizes

can be of differing sizes

Which of the following is not an element of the adversary system: responsibility for trials distributed among judges, attorneys, and other courtroom actors party prosecution a neutral and passive decision maker Correct! career bureaucrat judges

career bureaucrat judges

The most common route by which cases come to the U.S. Supreme Court is by: amicus curiae Correct! certiorari right of appeal certification

certiorari

Lawyers that argue cases before the Supreme Court: come from a wide variety of law firms are mostly inexperienced at appellate argument Correct Answer come mostly from a narrow circle of lawyers are mostly the same ones who tried the case in the lower court

come mostly from a narrow circle of lawyers

Law that relies largely on decisions of judges in the past is called: statutory law criminal law civil law common law code law

common law

A justice of the Supreme Court who agrees with the decision of the majority in a case but not with the reasons for that decision, may write his own: minority opinion majority opinion amicus curiae opinion Correct! concurring opinion dissenting opinion

concurring opinion

How much time do bar associations spend investigating claims of lawyer misconduct? very little time little time Correct! considerable time a great deal of time

considerable time

The following is an example of public law: tort law contract law Correct! constitutional law inheritance law

constitutional law

If a defendant pleads guilty to two of four charges, this is termed: charge bargaining sentence bargaining Correct! count bargaining implicit bargaining explicit bargaining

count bargaining

A person arrested for speeding would most likely appear in a: court of appeal court of general jurisdiction Correct! court of limited jurisdiction it depends on the speed of the car

court of limited jurisdiction

Explanations for case attrition include all of the following except: substantive assessments policy priorities legal judgments Correct! courtroom availability

courtroom availability

Large law firms rarely handle which of the following types of cases? antitrust Correct! criminal securities banking contract

criminal

Which type of case usually involves a repeat player suing a one-shotter? divorce personal injury Correct! debt collection estate

debt collection

The office of prosecutor is characterized by: legal professionalism checks and balances centralization Correct! decentralization

decentralization

If a defendant refuses to provide an answer, the judge in the case may issue a: restraining order lively judgment Correct! default judgment certain judgment

default judgment

Which of the following type of juvenile case involves the violation of an adult criminal law? status dependency neglect Correct! delinquency

delinquency

The distinction between courts of original jurisdiction and courts of appellate jurisdiction: rests on the number of jurors, 6 at an appellate court and 12 at a trial court Correct! depends on whether the case is being heard for the first time depends on whether it involves a state or federal question normally is not important because all major decisions in cases are made by appellate judges

depends on whether the case is being heard for the first time

A definition of justice: almost always makes reference to victims' rights mostly refers to the debate about tort reform rarely says anything about values Correct! differs dramatically depending on the purpose of the advocate

differs dramatically depending on the purpose of the advocate

The most significant change in the Federal Rules of Civil Procedure is related to: complaint service answer Correct Answer discovery venue

discovery

According to the Disputing Pyramid Model, the following exists only when a claim is rejected: Correct Answer dispute grievance mediation lawsuit

dispute

Protecting a person from being prosecuted a second time after he or she has been found innocent is termed: Correct! double jeopardy ex post facto right to one appeal exclusionary rule Fourth Amendment right

double jeopardy

In what type of civil case is there is no constitutional right to a trial by jury? Correct! equity contract common law tort

equity

Which of the following steps in the jury selection process is solely the prerogative of the attorneys? drawing up a master list of potential jurors selecting persons from the master list for summoning granting exemptions from jury service selecting the members of the venire Correct! exercising peremptory challenges

exercising peremptory challenges

The custom of senatorial courtesy: encourages courteous behavior on the floor of the Senate gives senators the power to appoint state court judges Correct! gives a senator of the president's party influence in the selection of the district court judges when vacancies occur in his or her state requires the House of Representatives to vote for Senate approved judicial nominees

gives a senator of the president's party influence in the selection of the district court judges when

Medical malpractice lawsuits are an example of: no-win torts low stakes litigation Correct! high stakes litigation guaranteed lawyer fees

high stakes litigation

The name given to a petition to the Supreme Court by an indigent is termed: Correct! in forma pauperis assigned counsel unpaid case in forma curium amicus curiae

in forma pauperis

The cost of judicial campaigns is: decreasing over time increasingly paid for by public funding Correct! increasing over time remaining relatively constant

increasing over time

The largest proportion of cases rejected during prosecutorial screening result from: policy priorities of prosecutors substantive assessments of justice suppression of evidence Correct! insufficient evidence

insufficient evidence

In Baldwin v. New York (1970), the Supreme Court held that a defendant in a criminal case has the right to a jury trial: if charged with treason only if charged with a capital offense Correct! is facing a prison sentence of six months or more only if charged with a felony none of the above

is facing a prison sentence of six months or more only if charged with a felony

An individual placed on probation: has not been found guilty of a crime Correct! is released into the community under the supervision of the court is awaiting transfer to prison has been released from prison and is under supervision

is released into the community under the supervision of the court

The U.S. Supreme Court: Correct! is the only court established by the Constitution chooses lower federal judges supervises state judicial systems has extensive original jurisdiction

is the only court established by the Constitution

The Foreign Intelligence Surveillance Court: is designed to protect foreign intelligence agents Correct! issues warrants for electronic eavesdropping works in public has only permanent judges

issues warrants for electronic eavesdropping

Which of the following approaches to studying judicial decision making rests on the assumption that appellate court judges view cases primarily in terms of policy preferences? Correct! judicial attitudes social backgrounds small group judicial role

judicial attitudes

Which of the following means of dealing with judges suspected of wrongdoing was first used in California? impeachment by the House and removal by the Senate removal by the governor after concurrent resolution by both houses of the legislature recall elections Correct! judicial conduct commissions removal and disbarment by state bar associations

judicial conduct commissions

Complaints about the conduct of federal judges are first considered by: the chief justice Administrative Office of the U.S. Courts Correct! judicial councils judicial conference chief judge of the district courts

judicial councils

In rural areas, the lower courts are collectively called: municipal courts inferior courts Correct! justice of the peace courts agriculture courts none of the above

justice of the peace courts

In states with intermediate appellate courts, state supreme courts: Correct! largely hear only the cases they choose exercise no discretion in hearing cases have discretion over criminal appeals only have discretion over civil appeals only have exclusively original jurisdiction

largely hear only the cases they choose

Courts decide disputes based on: Correct! law politics only whim balancing interests

law

Judicial bodies established by Congress under Article I are known as: constitutional courts Correct! legislative courts inferior courts trial courts

legislative courts

Statutory law is made by: Correct! legislatures courts executives administrative agencies none of the above

legislatures

In some studies of client representation, formal legal training has been found to be: more important than previously thought of no value whatsoever strongly related to the success of the client Correct! less important than previously thought

less important than previously thought

The term one-shotter refers to: groups with a long-term interest in policy outcomes Correct! litigants who make only occasional recourse to the courts litigants who choose other dispute resolutions for their first case groups who file their complaint only in one court

litigants who make only occasional recourse to the courts

A key characteristic of judicial elections is: Correct! low voter turnout heated campaigning marked by controversy bar associations split over their endorsements

low voter turnout

Tort (personal injury) cases: make up a huge percentage of the trial court docket Correct! make up a very small percentage of the trial court docket are not heard by trial courts always involve an international plaintiff

make up a very small percentage of the trial court docket

Critics argue that because of the exclusionary rule: most cases get prosecuted Correct Answer many cases get dropped by the prosecutor grand juries fail to consider critical evidence the use of DNA makes the exclusionary rule unnecessary

many cases get dropped by the prosecutor

Critics argue that because of the exclusionary rule: most cases get prosecuted grand juries fail to consider critical evidence the use of DNA makes the exclusionary rule unnecessary Correct! many cases get dropped by the prosecutor

many cases get dropped by the prosecutor

The data that have been collected about court-administered arbitration programs shows: Correct! mixed results overwhelming success they have increased congestion they have increased court costs

mixed results

Parties suing under common law mainly seek: restitution declaratory judgments Correct! monetary damages injunctive relief judgment

monetary damages

The American bail system is based on the defendant's access to: a defense attorney friends in the community Correct! money treatment centers

money

In choosing his nominees to the federal bench, President Obama's nominees have been confirmed by the Senate: much faster than was expected faster than was expected at the same rate as previous presidents Correct! more slowly than previous presidents

more slowly than previous presidents

The movement in state supreme courts to reinvigorate state constitutions as sources of individual rights over and above the rights granted by the U.S. Constitution is referred to as: states' rights expanded original jurisdiction state judicial activism Correct! new judicial federalism

new judicial federalism

A lawyer wishing to become a judge in a state using the Missouri Bar Plan must first be: elected by the voters appointed by the governor Correct! nominated by a commission recommended by the bar association

nominated by a commission

A recent effort to streamline jury duty is: Correct Answer one day/one trial system voir dire jury compensation six-member jury assembly?line justice

one day/one trial system

A class action lawsuit is brought by: inmates in order to receive access to education the government against illegal aliens a group of people in a similar situation Correct! one person or interest group on behalf of others

one person or interest group on behalf of others

Which type of case is most likely to require a lawyer to spend considerable time talking with the client about the law? Correct Answer one-shotters versus one?shotters one-shotters versus repeat players repeat players versus repeat players repeat players versus one?shotters

one-shotters versus one?shotters

Appellate court proceedings may include: jurors witnesses cross-examination Correct! oral argument

oral argument

The primary function of trial courts is to exercise: limited jurisdiction intermediate jurisdiction appellate jurisdiction general jurisdiction Correct! original jurisdiction

original jurisdiction

When the Supreme Court issues a "collective" unsigned opinion in a case, its brief decision is referred to as: amicus curiae opinion Correct! per curium opinion obiter dictum opinion in forma pauperis opinion mandamus opinion

per curium opinion

When attorneys exclude jurors without explanation, they are exercising: voir dire challenge for cause Correct! peremptory challenge exclusionary rule

peremptory challenge

Under which of the following legal doctrines has the Court refused to hear challenges to American foreign policy? Correct! political questions taxpayer lawsuits ripeness class action mootness

political questions

Which of the following provides an important opportunity for lawyers to negotiate and settle cases? discovery jury selection Correct! pretrial conference bench conference

pretrial conference

Which of the following items appear to be most important in a judge's decision to incarcerate or grant probation? nature of the victim Correct! prior criminal record drug or alcohol problems steady employment

prior criminal record

Which of the following is not a tool of discovery? interrogatories Correct! private investigation deposition subpoena

private investigation

Which of the following is not a permissible technique for dealing with prejudicial pretrial publicity? sequestering the jury change of venue forbidding either party to provide the press with information Correct! prohibiting the press from publishing information about the case

prohibiting the press from publishing information about the case

Court?annexed compulsory arbitration is designed to: increase the geographic jurisdiction of a court increase the caseload for annexation courts Correct! provide a speedier, less expensive alternative to courts provide criminal suspects with an additional appeal

provide a speedier, less expensive alternative to courts

Sentencing guidelines are designed to: impose stricter sentences reduce corruption and bribery increase judicial discretion Correct! provide certainty and consistency

provide certainty and consistency

Most big cities use which of the following to provide indigents with free counsel in criminal cases? assigned counsel volunteer attorneys contract Correct! public defender none of the above

public defender

Which of the following is universally regarded as an illegitimate factor in sentencing? prior record of the defendant seriousness of the offense employment status of the defendant family situation of the defendant Correct! race of the defendant

race of the defendant

Taxpayers' suits against the government concerning tax expenditures are: prohibited by the Constitution prohibited by the Supreme Court encouraged by the Supreme Court Correct! rarely permitted by the Supreme Court

rarely permitted by the Supreme Court

The treatment approach to drug offenders is intended to: increase the speed with which cases are heard Correct! reduce the likelihood of rearrest increase the criminal penalties handed out to drug offenders reduce the discretion of the judge

reduce the likelihood of rearrest

Party capability is: unrelated to litigant success determined by the level of appeal Correct Answer related to litigant success assumed to be equal according to the continental law

related to litigant success

Studies on civil court caseloads per thousand of the population indicate that they have: increased steadily in the 20th century decreased in the 20th century Correct! remained relatively stable in the 20th century fluctuated widely in the 20th century

remained relatively stable in the 20th century

A criminal case is an example of: one-shotters against repeat players prosecutorial discretion Correct! repeat players against one-shotters the ability of courts to function properly

repeat players against one-shotters

Which of the following is an example of legal mobilization? Correct Answer reporting a crime interpreting the meaning of words locating the law filling in gaps in the law

reporting a crime

Since 1980, the number of people in prison has: Correct! risen dramatically remained about the same declined fluctuated greatly

risen dramatically

The type of case most likely to go to trial is: burglary theft forgery Correct! robbery

robbery

Cases in which there is really no conflict but only the need for a formal authorization to a private settlement, can be solved by: adjudicatory process judicial discretion Correct! routine administration judicial injunctions

routine administration

In an uncontested divorce, a judge is called upon to perform which of the following? Correct! routine administration procedural adjudication decisional adjudication diagnostic adjudication

routine administration

Law is: Correct! rules enacted by public officials the study of jurisprudence rules enacted by civic associations based entirely on scientific principles of human behavior

rules enacted by public officials

Which of the following is not one of the common steps in appellate procedure? writing and filing briefs Correct! selecting jurors presenting oral argument writing an opinion

selecting jurors

U.S. Magistrate judges can do all of the following except: sentence misdemeanor defendants supervise civil discovery conduct civil trials with the consent of the litigants Correct! sentence felony defendants conduct the preliminary stages of criminal cases

sentence felony defendants

Based on Supreme Court interpretations of the U.S. Constitution, which statement is not correct concerning the size of juries? six-member juries in federal civil cases Correct! six-member juries in federal criminal cases six-member juries in state civil cases six-member juries in state criminal cases

six-member juries in federal criminal cases

Studies of Americans' "suing" behavior indicate: they sue more than any other Western democracy they are not necessarily quick to sue community norms seem to shape suing behavior all of the above Correct Answer some of the above

some of the above

Which of the following helps to explain the amount of bail set by a judge? seriousness of the crime criminal record victim's desires all of the above Correct Answer some of the above

some of the above

Evaluations of drug courts have shown: only success only failure Correct! some successes and some failures it is impossible to evaluate these courts due to confidentiality

some successes and some failures

Which of the following is not an example of discretionary choices in the law? gaps in the law conflicting laws Correct! standards of conduct meaning of the words

standards of conduct

State courts of last resort are generally referred to as: Correct! state supreme courts state appeals courts state courts of common pleas state courts of chancery

state supreme courts

In any given year, the largest number of cases is heard in: federal courts state supreme courts U.S. district courts Correct! state trial courts

state trial courts

During the last decade, tort filings in many states have been: decreasing rapidly increasing rapidly Correct! staying relatively constant fluctuating widely

staying relatively constant

Problems of the state courts of limited jurisdiction include all of the following except: Correct! strict procedures inadequate financing imbalanced caseloads low prestige in the judicial community

strict procedures

Which of the following is a major actor in the selection of federal judges, but does not have a formal role? the deputy attorney general Correct! the American Bar Association the chief justice the Senate

the American Bar Association

Majority opinions of the U.S. Supreme Court are assigned by: random lottery automatic rotation Correct! the chief justice, if he voted in the majority the justice who volunteers to write the case the Supreme Court clerk

the chief justice, if he voted in the majority

The difference between private and a public-policy oriented lawsuit is: the court which hears them Correct! the involvement of the government the right to an appeal there are no differences

the involvement of the government

The term "legal system" refers to the: the branches of government created by the U.S. Constitution power of judges to rule laws unconstitutional importance of original intent the many governmental institutions that address legal rules

the many governmental institutions that address legal rules

In a lawsuit, who has the responsibility of defining the legal issues? Correct! the parties the judge the jury the witnesses the clerk

the parties

In a civil trial: Correct! the plaintiff presents its case first the defense presents its case first the clerk decides who will go first the judge decides who will go first a random draw determines who will go first

the plaintiff presents its case first

The creation of juvenile courts was based on the following philosophy: adult courts were burdened with too many cases to deal effectively with the problems of juveniles Correct! the state should deal with children who broke the law much as a wise parent would with a wayward child juvenile crime was due to the child's lack of individual responsibility juvenile crime primarily reflected a rural problem

the state should deal with children who broke the law much as a wise parent would with a wayward child

Which statement best describes post-conviction remedies? they may be filed only in federal court they are limited to issues raised on appeal Correct! they are limited to constitutional defects they are limited to one filing they may only be filed in the court that convicted the defendant

they are limited to constitutional defects

In what type of litigation are attorneys most often compensated by the contingent fee? criminal divorce antitrust Correct! tort contract

tort

What area of the law has been marked by a major expansion in liability since World War II? contract property Correct! tort small claims

tort