CJUS 2132 Exam 1

A narrow gap exists between legal theory and how that law is applied. Select one: True False

False

According to the due process model, the courts have hindered effective law enforcement. Select one: True False

False

Appellate courts are considered finders of fact. Select one: True False

False

Article II of the U.S. Constitution established the U.S. Supreme Court. Select one: True False

False

Democratic governments derive their powers from the law. Select one: True False

False

Federal judges are elected in district-wide elections. Select one: True False

False

Necessity is not a defense recognized by law. Select one: True False

False

Proponents of the crime control model believe that the courts' priority should be to protect the rights of the individual. Select one: True False

False

The most controversial defense of justification is insanity. Select one: True False

False

The organization of prosecutors in the United States is consistent across the state and federal criminal justice system. Select one: True False

False

There are three primary types of jurisdiction. Select one: True False

False

U.S. magistrate judges assist U.S. district judges by hearing felony cases. Select one: True False

False

In the United States, separate systems of federal courts and state courts exist. Select one: True False

True

In the crime control model, one goal is to process defendants quickly. Select one: True False

True

Legislatures did not become a principal source of law in the United States until the 20th century. Select one: True False

True

Media coverage can provide caricatures, not pictures, of courts and the criminal justice system. Select one: True False

True

One of the five major areas of civil law is domestic relations law. Select one: True False

True

Selective incorporation refers to the application of certain provisions of the Bill of Rights to the states through the Fourteenth Amendment. Select one: True False

True

The Federal Judicial Center is the research and training arm of the federal judiciary. Select one: True False

True

The crime control and due process models were developed by Herbert Packer. Select one: True False

True

The decisions of trial courts may be reviewed by appellate courts. Select one: True False

True

The due process model emphasizes protecting the rights of the individual. Select one: True False

True

The judicial council is the basic administrative unit of a circuit. Select one: True False

True

Trial courts are primarily concerned with considering evidence to resolve factual decisions within the bounds of the law. Select one: True False

True

The operation of two separate and distinct court systems in the United States is referred to as: Select one: a.checks and balances. b.judicial federalism. c.a dual court system. d.separate but equal.

a dual court system.

The key characteristics of common law include all of the following, EXCEPT: Select one: a.it is found in multiple sources. b.it applies rules of law found in previous cases. c.it is based on justice. d.it is predominately judge-made.

c.it is based on justice.

Around 90 percent of felony convictions result from a: Select one: a.preliminary hearing. b.trial by jury. c.plea bargain. d.bench trial.

c.plea bargain.

Magistrate judges are: Select one: a.nominated by the president and confirmed by the Senate. b.selected by the U.S. Supreme Court. c.elected by voters in their district. d.selected by U.S. district court judges.

d.selected by U.S. district court judges.

Courts can be classified according to their function (rather than jurisdiction) as: Select one: a.national and multinational courts. b.local, state, and federal courts. c.substantive and procedural courts. d.trial and appeals courts.

d.trial and appeals courts.

A U.S. attorney is nominated by the President, confirmed by the Senate, and serves during "good behavior." Select one: True False

False

A decision made by a state's intermediate appellate court is appealed to the U.S. Supreme Court for most cases. Select one: True False

False

A justice of the peace court is an example of a trial court of general jurisdiction. Select one: True False

False

Congress does not authorize spending for anticrime programs. Select one: True False

False

Corrupt local officials are often prosecuted by their peers. Select one: True False

False

Extradition is the automatic return of an individual accused of a crime in the United States who has fled the country and been found on foreign soil. Select one: True False

False

In states without intermediate appellate courts, the supreme court has discretion regarding the cases it hears. Select one: True False

False

It is likely that the number of federal judgeships will be increased in the short term. Select one: True False

False

The court of last resort is generally referred to as the local high court of last resort. Select one: True False

False

The first drug court was created in New York. Select one: True False

False

The judge is generally the most influential official of the court house actors. Select one: True False

False

The mental state required for a crime to have been committed is referred to as the actus reus. Select one: True False

False

There are five layers in a typical state court system. Select one: True False

False

There are four essential elements that characterize therapeutic jurisprudence. Select one: True False

False

U.S. magistrate judges may try to sentence felony defendants. Select one: True False

False

When cases are appealed, appellate court judges may call on witnesses to testify. Select one: True False

False

A basic rule of American politics is that citizens' demands for service exceed the willingness of voters to raise taxes to pay for those services. Select one: True False

True

A century ago, state courts systems included only a single appellate body-the state court of last resort. Select one: True False

True

A law in action perspective helps us understand the dynamics of courthouse justice. Select one: True False

True

A law in action perspective stresses the importance of discretion. Select one: True False

True

Article III judges are nominated by the President and confirmed by the U.S. Senate. Select one: True False

True

Citizens are more likely to have contact with a trial court of limited jurisdiction than with any other type of court. Select one: True False

True

Civil lawsuits consume more of the federal courts' time than criminal cases. Select one: True False

True

County courts stood at the heart of American colonial government. Select one: True False

True

Crime has been made a key campaign issue for elected officials for decades. Select one: True False

True

Family court is the third leading type of drug court. Select one: True False

True

Federal district court judges must be residents of the district in which they preside. Select one: True False

True

In domestic violence courts, a single judge handles multiple criminal, family court, and divorce cases involving the same defendant. Select one: True False

True

In misdemeanor and petty offense cases, U.S. magistrate judges may preside over trials, accept pleas of guilty, and also impose sentences. Select one: True False

True

Initial evaluations of early drug courts found favorable rates of success. Select one: True False

True

Intermediate courts of appeals handle the bulk of the caseloads in the appellate system. Select one: True False

True

Intermediate courts of appeals must hear all properly filed appeals. Select one: True False

True

Most criminal cases do not go to trial. Select one: True False

True

Most of the nation's judicial business takes place at the state level. Select one: True False

True

Nowhere is the policy-making role of state high courts of last resort more apparent than in deciding death penalty cases. Select one: True False

True

One of the problems facing lower courts is inadequate financing. Select one: True False

True

Prior to the Civil War, the U.S. Supreme Court was required to hear every case that was appealed to it. Select one: True False

True

Recent studies show that drug courts have a positive impact. Select one: True False

True

Some states have no trial courts of limited jurisdiction. Select one: True False

True

The Judicial Conference of the United States sets national administrative policy for the federal judiciary. Select one: True False

True

The United States has one national court system plus separate court systems in each of the 50 states and the District of Columbia. Select one: True False

True

The federal courts set the parameters for the operations of the criminal justice system. Select one: True False

True

The major trial courts decide felony cases. Select one: True False

True

The onset of the Industrial Revolution increased the caseload of the federal courts. Select one: True False

True

The organization of courts in the United States impacts case processing. Select one: True False

True

The term "dual court system" refers to separate state and federal courts. Select one: True False

True

The use of precedent promotes fairness and consistency. Select one: True False

True

Therapeutic drug courts operate in all 50 states. Select one: True False

True

There may be as many as 28 judges who work together to make an appellate court decision. Select one: True False

True

To be criminal, an act must be voluntary. Select one: True False

True

The United States has more than __________ trial courts of limited jurisdiction. Select one: a.11,880 b.8,325 c.3,208 d.15,250

a.11,880

The U.S. Courts of Appeals is made up of how many judgeships? Select one: a.179 b.50 c.14 d.98

a.179

The Administrative Office was established in __________. Select one: a.1939 b.1963 c.1952 d.1901

a.1939

Caseloads of lower courts is more than __________ a year. Select one: a.62 million b.3 million c.25 million d.113 million

a.62 million

Which of the following states does not have any trial courts of limited jurisdiction? Select one: a.California b.New York c.Ohio d.Texas

a.California

In the colonial courts, each colony modified its court system according to what? Select one: a.Each colony modified its court system in all of these ways. b.patterns of commercial trade c.different religious practices d.local customs

a.Each colony modified its court system in all of these ways.

Which state leads the nation in terms of the number of traffic cases each year? Select one: a.Texas b.New York c.Florida d.California

a.Texas

What is one of the major weaknesses of the Articles of Confederation prior to 1787? Select one: a.There is not a national supreme court. b.Each state gets only one vote in the Congress of the Confederation. c.Only the central government is allowed to declare war. d.Articles can only be altered with the approval of Congress.

a.There is not a national supreme court.

Which of the following is NOT true of federal district court judges? Select one: a.They are appointed for eight-year terms. b.They must be confirmed by the U.S. Senate. c.They are nominated by the President. d.They must reside in their district.

a.They are appointed for eight-year terms.

CASE 3.1 Just as American law borrowed heavily from English common law, the organization of American courts reflects their English heritage. But the colonists and later the citizens of the fledgling new nation that called itself the United States of America adapted this English heritage to the realities of the emerging nation. Issues such as the clash of opposing economic interests, the debate over state versus national power, and outright partisanship have shaped America's 50 diverse state court systems. Which of the following is true of the early colonial courts? Select one: a.They were rather simple. b.They were rather complex. c.They replicated English courts completely. d.They replicated English courts in substance but not in form.

a.They were rather simple.

A person cited for a misdemeanor would most likely appear before: Select one: a.a court of limited jurisdiction. b.a court of common pleas. c.a court of general jurisdiction. d.a circuit court.

a.a court of limited jurisdiction.

In states without intermediate appellate courts, state supreme courts: Select one: a.have no power to choose which cases will be placed on their dockets. b.hear only civil cases. c.have complete discretion over the cases placed on their dockets. d.hear only criminal cases.

a.have no power to choose which cases will be placed on their dockets.

The primary justification for providing constitutional safeguards in the criminal justice process is to ensure that: Select one: a.innocent persons are not harassed or wrongly convicted. b.the guilty are punished. c.convictions are not overturned on appeal. d.society administers justice to the accused.

a.innocent persons are not harassed or wrongly convicted.

Which judge performs virtually all tasks carried out by district court judges, except trying and sentencing felony defendants? Select one: a.magistrate judge b.appellate court judge c.administrative judge d.circuit justice

a.magistrate judge

In states without intermediate appellate courts, state courts of last resort: Select one: a.must hear all criminal appeals. b.None of these answers is correct c.have discretion to hear only the cases they decide are the most important. d.hear only the most notorious cases.

a.must hear all criminal appeals.

Which type of panels are typically used by intermediate courts of appeals? Select one: a.rotating three-judge panel b.rotating five-judge panel c.single-judge panel d.nine-judge panel

a.rotating three-judge panel

The United States has a dual court system consisting of: Select one: a.state and federal courts. b.trial and appellate courts. c.district and superior courts. d.criminal and civil courts.

a.state and federal courts.

Which of the following is consistent with court unification? Select one: a.statewide financing b.centralized jury selection c.localized budgeting d.integration of federal and state judicial systems

a.statewide financing

Which kind of crimes do state courts primarily decide? Select one: a.street crimes b.major drug distribution c.white-collar crimes d.terrorist crimes

a.street crimes

CASE 3.2 At the second level of state courts are the trial courts of general jurisdiction, usually referred to as major trial courts. An estimated 3,109 major trial courts in the 50 states and the District of Columbia are staffed by nearly 10,740 judges (Strickland et al., 2015). The term general jurisdiction means that these courts have the legal authority to decide all matters not specifically delegated to lower courts. ​ Which of the following is NOT one of the most common names for trial courts of general jurisdiction? Select one: a.supreme court b.circuit court c.district court d.superior court

a.supreme court

Which of the following courts embody the concept of therapeutic jurisprudence? Select one: a.mental health courts b.drug, domestic violence, and mental health courts c.drug courts d.domestic violence courts

b. drug, domestic violence, and mental health courts

Between __________, there was general agreement on the inadequacy of the federal judicial system. Select one: a.1900 and 1924 b.1789 and 1891 c.1843 and 1862 d.1722 and 1792

b.1789 and 1891

Congress created the Courts of Appeals in: Select one: a.1787. b.1891. c.1776. d.1929.

b.1891.

The Military Trials for Enemy Combatants Act was passed in __________. Select one: a.1925 b.2006 c.1964 d.1989

b.2006

There are a total of how many full- and part-time magistrate judges? Select one: a.350 b.570 c.240 d.620

b.570

Which of the following is NOT true of the highest state courts? Select one: a.Some states have more than one court of last resort. b.All of these answers are true. c.All state supreme courts have a limited amount of original jurisdiction. d.All the judges on the court participate in rendering a decision about a particular case.

b.All of these answers are true.

Which was one of the most hotly debated sections of the Constitution? Select one: a.Article II b.Article III c.Article IV d.Article I

b.Article III

Which federal court has original jurisdiction over disputes between states? Select one: a.Legislative Court b.Supreme Court c.Court of Appeals d.District Court

b.Supreme Court

Intermediate courts of appeals do which of the following? Select one: a.These courts determine whether technical violations of the law were committed at trial and release affected defendants. b.These courts review trial proceedings to make sure the law was followed and that the defendant received a fair trial. c.These courts carefully review evidence presented at a trial. d.All of these answers are correct.

b.These courts review trial proceedings to make sure the law was followed and that the defendant received a fair trial.

Appeals from criminal convictions in the U.S. District Courts constitute __________ of the workload of the U.S. Courts of Appeals. Select one: a.over 50 percent b.about 22 percent c.less than 10 percent d.43 percent

b.about 22 percent

Which of the following is NOT an essential element of therapeutic jurisprudence? Select one: a.hands-on judicial involvement b.adversarial adjudication c.treatment programs d.immediate intervention

b.adversarial adjudication

Another name for the judicial council is the __________. Select one: a.sentencing council b.circuit council c.administrative office d.Federal Court

b.circuit council

Which term is derived from the way crime is defined? Select one: a.due process of law b.criminal defenses c.due process d.crime control

b.criminal defenses

The numerous public agencies involved in implementing public policy concerning crime are referred to as the: Select one: a.corrections system. b.criminal justice system. c.court system. d.law enforcement system.

b.criminal justice system.

Which type of cases do major trial courts decide? Select one: a.misdemeanors b.felonies c.traffic tickets d.violations

b.felonies

Violent offenses are __________ times more likely to occur in urban as opposed to rural areas. Select one: a.three b.four c.two d.five

b.four

What are the urban counterparts of the justice of the peace courts? Select one: a.major trial courts b.municipal courts c.appellate courts d.supreme courts

b.municipal courts

To be eligible for drug treatment by drug courts, defendants: Select one: a.must request drug treatment, but are not required to admit that they have a drug problem. b.must have no prior felony convictions. c.may be charged with drug possession or drug sale. d.must have no prior misdemeanor or felony convictions.

b.must have no prior felony convictions.

Habeas corpus, motions to vacate sentence, mandamus, and Section 1983 and Bivens civil rights actions are all examples of what type of petitions? Select one: a.bankruptcy petitions b.prisoner petitions c.extradition petitions d.jurisdiction petitions

b.prisoner petitions

What is the name of courts that use therapeutic jurisprudence? Select one: a.supreme courts b.problem-solving courts c.intermediate appellate courts d.lower courts

b.problem-solving courts

About __________ cases are filed each year in the major trial courts of the states. Select one: a.16.8 b.59.2 c.31.9 d.5.2

c.31.9

In the past __________ years, district court filings have increased more than sixfold. Select one: a.100 b.2 c.50 d.10

c.50

Lower courts constitute __________ percent of all judicial bodies in the United States. Select one: a.25 b.55 c.85 d.10

c.85

Which Article of the U.S. Constitution provides the basis for the federal judiciary? Select one: a.Article IV b.Article II c.Article III d.Article I

c.Article III

Which of the following proposals would due process advocates LEAST likely support? Select one: a.Abolish concurrent jurisdiction on crimes punishable by both state and federal law. b.Abolish federal diversity jurisdiction except in certain cases. c.Limit ability of prisoners to file civil rights lawsuits. d.Create several new Article I legislative courts.

c.Limit ability of prisoners to file civil rights lawsuits.

Which of the following represents a clear disadvantage of localized control of justice? Select one: a.Local courts are closely linked to the people they serve. b.The application of "state" law often has a local flavor. c.Local control has been an incubator of corruption and injustice. d.The officials who staff these courts are recruited from the local community they serve and thus reflect the sentiments of that community.

c.Local control has been an incubator of corruption and injustice.

In 1968, Congress created which position to alleviate the workload of U.S. District Courts and to replace the former position of U.S. commissioner? Select one: a.U.S. attorneys b.U.S. circuit justices c.U.S. magistrate judges d.U.S. bankruptcy judges

c.U.S. magistrate judges

What is a form of settling disputes, such as unruly children and annoying neighbors, through less adversarial means than the traditional court system? Select one: a.drug court b.domestic court c.alternative dispute resolution d.civil court

c.alternative dispute resolution

What is the principal objective of a unified court system? Select one: a.local control b.independent judges c.centralized management d.reduced caseloads

c.centralized management

How many layers exist in a typical court system? Select one: a.two b.five c.four d.three

c.four

Litigants in state courts are most often: Select one: a.individuals and governmental bodies. b.large and small businesses. c.individuals and small businesses. d.large businesses and governmental bodies.

c.individuals and small businesses.

Which judges typically authorize search warrants? Select one: a.appellate court judges b.supreme court judges c.lower court judges d.major trial court judges

c.lower court judges

The Prison Litigation Reform Act resulted in all of the following, EXCEPT: Select one: a.barring subsequent cases if previous cases had been dismissed as frivolous. b.requiring inmates to exhaust all administrative remedies before filing. c.no longer allowing inmates to proceed pro se in civil rights actions. d.requiring inmates to pay certain fees from which they had previously been exempt.

c.no longer allowing inmates to proceed pro se in civil rights actions.

The party who initiates a civil suit is known as the: Select one: a.appellant. b.victim. c.plaintiff. d.appellee.

c.plaintiff.

Which event following the Civil War produced fundamental changes in the structure of the American judiciary? Select one: a.decreases in population b.decreases in urban populations c.rapid industrialization d.lower volumes of litigation

c.rapid industrialization

What is the name of a court that has original jurisdiction? Select one: a.appellate court b.legislative court c.trial court d.traffic court

c.trial court

Which kind of court system has a coherent hierarchy with authority concentrated in the state capital? Select one: a.complex b.systematic c.unified d.structured

c.unified

What is the name given to the particular location or area in which a court having geographic jurisdiction may hear a case? Select one: a.stay b.federal question c.venue d.venire

c.venue

In __________, Congress passed the Judges Bill. Select one: a.1954 b.1987 c.1842 d.1925

d.1925

By the end of the __________ century, the nation had to respond to a new type of social problem-crimes committed by juveniles. Select one: a.18th b.20th c.17th d.19th

d.19th

In 2014, marijuana law violations accounted for __________ percent of all drug arrests in the United States. Select one: a.60 b.10 c.20 d.40

d.40

One of the principal activities of this organization is the education and training of federal judicial personnel, including judges, probation officers, clerks of court, and pretrial service officers. Select one: a.FBI Judicial Academy at Quantico b.Judicial Personnel and Training Section of the Judicial Conference c.Administrative Office of the Courts d.Federal Judicial Center

d.Federal Judicial Center

The administrative policymaking organization of the federal judicial system, composed of 26 federal judges, is the: Select one: a.Administrative Office of the Courts. b.Federal Judicial Center. c.U.S. Sentencing Commission. d.Judicial Conference of the United States.

d.Judicial Conference of the United States.

This president's "Great Society" programs increased the caseload of the federal courts. Select one: a.Franklin Roosevelt b.John Kennedy c.George Bush d.Lyndon Johnson

d.Lyndon Johnson

__________ percent of the research budget of the National Institute of Justice is spent on developing new technology for law enforcement and the criminal justice system. Select one: a.Forty-five b.Thirty c.Ten d.Sixty

d.Sixty

Which of the following statements is true about drug courts? Select one: a.These courts assume that treatment will reduce the likelihood that convicted drug offenders will reoffend. b.Judges who oversee these courts take a hands-off approach to offender monitoring. c.These courts emphasize the speedy administration of punishment. d.The first drug court was in New York City.

d.The first drug court was in New York City.

What does the Supreme Court issue when it agrees to hear a case on appeal? Select one: a.a writ of stay b.a writ of jurisdiction c.a writ of extradition d.a writ of certiorari

d.a writ of certiorari

Heavy caseloads of the federal courts result in which problem(s)? Select one: a.delay cases for litigants b.None of these answers is correct. c.burdens those who work in the courts d.burdens those who work in the courts and delays cases for litigants

d.burdens those who work in the courts and delays cases for litigants

An administrative task for this person/group in the Supreme Court includes regulating attorney admissions to the Supreme Court bar. Select one: a.lawyer b.magistrate judge c.Congress d.chief justice

d.chief justice

What is another name for a trial court of limited jurisdiction? Select one: a.district court b.superior court c.circuit court d.inferior court

d.inferior court

Which type of case had the least filings in state trial courts in 2013? Select one: a.domestic relations b.civil c.traffic d.juvenile

d.juvenile

Which of the following is NOT a problem confronting lower courts? Select one: a.inadequate facilities b.inadequate financing c.unbalanced caseloads d.strict court procedures

d.strict court procedures

Lower courts handle what stages of felony cases? Select one: a.the final stages b.the intermediate stages c.the appeal stages d.the preliminary stages

d.the preliminary stages

In Ewing v. California (2002), the U.S. Supreme Court enacted what State of California law? Select one: a.capital punishment b.legalized medical marijuana c.civil commitment for sex offenders d.three strikes

d.three strikes

Which type of case had the most filings in state trial courts in 2013? Select one: a.criminal b.civil c.domestic relations d.traffic

d.traffic

What is the emphasis in domestic violence courts? Select one: a.punishment b.separation c.integration d.segregation

integration

The state court systems are most often structured in what way? Select one: a.logically b.centrally c.locally d.evenly

locally

The most influential actor in the courthouse is the: Select one: a.clerk of court. b.defense attorney. c.judge. d.prosecutor.

prosecutor

Which of the following is NOT true of law in action? Select one: a.It stresses the importance of discretion. b.Prosecutors use discovery to encourage guilty pleas. c.Strict enforcement of laws and adherence to procedures are a key feature. d.It focuses on human factors governing application of law.

Strict enforcement of laws and adherence to procedures are a key feature.

Approximately 2.5 million people work in the criminal justice system. Select one: True False

True

CASE 2.1 The founding fathers engaged in a vigorous debate over whether there should be a federal court system separate from the state systems. Those who supported a strong federal judiciary ultimately prevailed. Subsequent expansion of the federal courts has created a contemporary controversy over how to alleviate the problem of rising caseloads within the federal court system. Which of the following statements regarding proposals to reduce federal caseloads is TRUE? Select one: a.The antagonistic relationship between Congress and the federal judiciary is unlikely to result in any significant reforms. b.It is unlikely that Congress will ever have the filibuster-proof majority needed to authorize additional federal judgeships. c.Creating additional courts and judgeships would require additional funding of the federal judiciary, which already comprises a sizeable portion of the federal budget. d.Reducing the jurisdiction of federal courts would nearly double the caseload of state courts, and states would certainly oppose such an action.

a. The antagonistic relationship between Congress and the federal judiciary is unlikely to result in any significant reforms.

What is the name of rules and regulations adopted by administrative agencies that have the force of law? Select one: a.administrative regulations b.statutory regulations c.constitutional regulations d.due process regulations

a. administrative regulations

There are __________ separate court systems. Select one: a.51 b.25 c.10 d.46

a.51

Which Amendment to the U.S. Constitution prohibits unreasonable searches and seizures? Select one: a.Fourth Amendment b.First Amendment c.Eighth Amendment d.Fifth Amendment

a.Fourth Amendment

What is the body of rules, other than criminal law, that governs private parties? Select one: a.civil law b.attempt law c.production law d.inheritance law

a.civil law

Which term refers to the protection of rights of the individual? Select one: a.due process b.crime control c.criminal defenses d.due process of law

a.due process

Coercive police practices are a violation of this essential element of due process. Select one: a.fundamental fairness b.equal protection c.the third degree d.self-incrimination

a.fundamental fairness

Which of the following is not an element of a crime? Select one: a.guilty conscience b.actus reus c.attendant circumstances d.mens rea

a.guilty conscience

Criminal justice is best viewed as a system and a: Select one: a.nonsystem. b.conglomerate. c.business. d.victim's agency.

a.nonsystem.

The three main components of the American criminal justice system are: Select one: a.police, courts, and corrections. b.judges, prosecutors, and defense attorneys. c.federal, state, and local. d.probation, prison, and parole.

a.police, courts, and corrections.

Another word for stare decisis is: Select one: a.precedent. b.constitution. c.procedural law. d.substantive law.

a.precedent.

Which term refers to the methods of enforcing legal obligations? Select one: a.procedural law b.precedent c.substantive law d.constitution

a.procedural law

Which of the following is the highest burden of proof? Select one: a.proof beyond a reasonable doubt b.preponderance of evidence c.probable cause d.clear and convincing evidence

a.proof beyond a reasonable doubt

Which of the following is not one of the justice professionals in the courthouse? Select one: a.social services personnel b.prosecutors c.police d.judges

a.social services personnel

Who is the presiding office of the U.S. Supreme Court? Select one: a.the Chief Justice b.the Senate Majority Leader c.the Attorney General d.the President

a.the Chief Justice

The Rule of Four refers to: Select one: a.the number of justices required to vote in favor of granting certiorari to review a case. b.the minimum number of justices required to publish a dissenting opinion. c.the number of justices required to uphold or overturn a lower court ruling. d.the maximum number of presenters allowed during oral arguments.

a.the number of justices required to vote in favor of granting certiorari to review a case.

By and large, criminal defendants are: Select one: a.young, poor, uneducated, and male. b.young, poor, and female, and a member of a minority group. c.middle-aged, male, uneducated, and a repeat offender. d.young, poor, male, and minority.

a.young, poor, uneducated, and male

Drug prosecutions account for approximately what percentage of all federal criminal cases? Select one: a.41 b.31 c.21 d.11

b.31

The United States has how many U.S. District Courts? Select one: a.78 b.94 c.59 d.111

b.94

Which courts are tribunals created by Congress to handle specialized types of cases? Select one: a.Article III courts b.Article I courts c.State courts d.Article II courts

b.Article I courts

Jurors' expectations of forensic evidence in even the most mundane of cases have been called the: Select one: a.DNA effect. b.CSI effect. c.science effect. d.BSU effect.

b.CSI effect.

CASE 1.1 The creation of designer drugs is outpacing the ability of society to enact laws to prohibit them. Many of these substances have negative side effects, ranging from violent behavior to death. Which of the following responses to the problem would best fit the due-process philosophy? Select one: a.Government takes steps to limit the availability of ingredients used in the manufacture of designer drugs. b.Dramatic increase in the use of drug courts to divert first-time offenders and defer prosecution. c.Pass legislation and increase enforcement efforts to send a message of zero tolerance to those who manufacture, sell, and use designer drugs. d.Design public awareness campaign to warn potential users of the serious legal ramifications if they are caught with the drugs.

b.Dramatic increase in the use of drug courts to divert first-time offenders and defer prosecution.

CASE 1.2 Politicians have expressed their outrage at the designer drug problem by enacting legislation targeting manufacture, sale, and possession that require mandatory minimum sentences. The police across the country start making arrests based on this new legislation. Which of the following aspects of the criminal justice process exemplify law on the books? Select one: a.At initial appearance, the judge sets a low bail because the jail is overcrowded. b.Police Mirandize a suspect and obtain a voluntary confession. c.The prosecutor meets with the defense attorney to discuss the terms of a plea agreement. d.Upon accepting the plea, the judge sentences the defendant based on his own discretion.

b.Police Mirandize a suspect and obtain a voluntary confession.

Which of the following is true of grand juries? Select one: a.They are utilized only in misdemeanor cases. b.They issue an indictment in most cases. c.They are used by all states. d.They deliberate in open hearings.

b.They issue an indictment in most cases.

The first document that establishes the underlying principles and general laws of a nation or state is: Select one: a.a precedent. b.a constitution. c.substantive law. d.procedural law.

b.a constitution.

What is the name of a request for a judge to make a decision? Select one: a.an affidavit b.a motion c.a judgment d.a warrant

b.a motion

Which term emphasizes fundamental fairness insofar as a person should always be given notice of any charges brought against him or her, that a person should be provided a real chance to present his or her side in a legal dispute, and that no law or government procedure should be arbitrary or capricious? Select one: a.criminal defenses b.due process of law c.procedural process d.crime control

b.due process of law

Laws created by federal and state legislatures are known as: Select one: a.ordinances. b.statutes. c.administrative regulations. d.legislation.

b.statutes.

Which term refers to legal obligations? Select one: a.precedent b.substantive law c.constitution d.procedural law

b.substantive law

If the grand jury finds probable cause to hold the defendant for trial, it returns a(n): Select one: a.Alfordbill. b.true bill. c.no true bill. d.warrant.

b.true bill.

During the Constitutional Convention, Anti-Federalists maintained the belief that a strong national government would: Select one: a.create a uniform body of federal law. b.weaken individual liberties. c.provide political and economic unity. d.abolish state courts.

b.weaken individual liberties.

Which article of the U.S. Constitution established the U.S. Supreme Court and gave Congress the power to create lower courts? Select one: a.Article II b.The U.S. Constitution did not establish the U.S. Supreme Court c.Article III d.Article I

c.Article III

Much of the Bill of Rights has been made applicable to the states through the: Select one: a.doctrine of precedent. b.Fourth Amendment. c.Fourteenth Amendment. d.legislative process.

c.Fourteenth Amendment.

Which of the following gave the U.S. Supreme Court the authority to invalidate an act of Congress as unconstitutional? Select one: a.The Judiciary Act of 1801 b.The Judiciary Act of 1789 c.Marbury v. Madison (1803) d.Article III of the U.S. Constitution

c.Marbury v. Madison (1803)

Which Amendment to the U.S. Constitution guarantees the right to counsel? Select one: a.Fourth Amendment b.Fifth Amendment c.Sixth Amendment d.Eighth Amendment

c.Sixth Amendment

Which of the following aspects of the criminal justice process exemplify law in action? Select one: a.At initial appearance, the defendant is advised of his rights and bail is set according to the bond schedule. b.Upon pleading guilty, the defendant is dissatisfied with the sentence and appeals. c.The prosecutor meets with the public defender to discuss the terms of a plea agreement. d.Police Mirandize a suspect and obtain a voluntary confession.

c.The prosecutor meets with the public defender to discuss the terms of a plea agreement.

Which term refers to the repression of criminal conduct? Select one: a.due process b.due process of law c.crime control d.criminal defenses

c.crime control

Which cases involve suits between citizens of different states or between a U.S. citizen and a foreign country or citizen? Select one: a.venue cases b.mandamus cases c.diversity of citizenship cases d.en banccases

c.diversity of citizenship cases

Original and appellate jurisdiction fall under which classification of jurisdiction? Select one: a.subject matter jurisdiction b.geographical jurisdiction c.hierarchical jurisdiction d.general jurisdiction

c.hierarchical jurisdiction

After arrest, arrestees are brought before a judge, advised of their rights and the charges against them, and given a chance to make bail at the: Select one: a.pretrial hearing. b.preliminary hearing. c.initial appearance. d.arraignment.

c.initial appearance.?

Most "federal question" cases present issues concerning: Select one: a.the interpretation or application of the U.S. Constitution. b.securities and banking regulations relating to the housing market crash. c.the application and interpretation of a statute enacted by Congress. d.cases in which two or more states are parties.

c.the application and interpretation of a statute enacted by Congress.

Which of the following proposals would our Federalist founding fathers MOST likely support? Select one: a.Abolish federal diversity jurisdiction except in certain cases. b.Limit ability of prisoners to file civil rights lawsuits. c.Abolish concurrent jurisdiction on crimes punishable by both state and federal law. d.Create several new Article I legislative courts.

d.Create several new Article I legislative courts.

Which of the following is NOT part of the due process belief system? Select one: a.The adversarial process at trial achieves the correct result. b.The war on drugs has a disproportionate effect on racial minorities. c.Rehabilitation achieves the dual result of deterrence and increased public safety. d.Speedy trial legislation should be enacted to ensure that justice is not delayed.

d.Speedy trial legislation should be enacted to ensure that justice is not delayed.

CASE 1.3 As a result of increased enforcement efforts, the courts and correctional facilities are inundated with mostly low-level drug offenders. Public support of the newest campaign in the war on drugs is starting to wane as increasing taxes to build new jails to house pretrial detainees is discussed Which of the following is NOT part of the crime control belief system? Select one: a.Incarceration achieves the dual result of deterrence and increased public safety. b.Speedy trial legislation should be enacted to ensure that justice is not delayed. c.Individual responsibility is at issue when considering the ramifications of drug abuse. d.The adversarial process at trial achieves the correct result.

d.The adversarial process at trial achieves the correct result.

Which of the following is a characteristic of the crime control model of criminal justice? Select one: a.It stresses formal and court fact-finding. b.The process resembles an obstacle course for the prosecution and police. c.It focuses on the rights of defendants. d.There is concern for speed and protecting society.

d.There is concern for speed and protecting society.

A trial by a judge without a jury is called a: Select one: a.bar trial. b.trial de novo. c.summary trial. d.bench trial.

d.bench trial.

In contrast to federal judges, most state judges are: Select one: a.appointed by the state legislature. b.appointed by the state supreme court. c.appointed by the governor. d.elected.

d.elected.

Mens rea refers to the: Select one: a.scene of the crime. b.guilty act. c.body of the crime. d.guilty mind.

d.guilty mind.

The key goal of the crime control model is the: Select one: a.rights of victims. b.integrity of the courts. c.rights of defendants. d.repression of criminal conduct.

d.repression of criminal conduct.