Ch.4 Federal And State Courts Test Bank 5th Edition

CHAPTER 4

FEDERAL AND STATE COURTS

MULTIPLE CHOICE QUESTIONS

1. The legal authority or power of a court to hear, pronounce on, and decide a case is known as:

a. judicial review

b. judicial power

c. jurisdiction

d. jurisprudence

2. Subject matter jurisdiction involves:

a. the authority conferred on a court to hold the trial in a particular matter

b. jurisdiction over the offense

c. jurisdiction over the person

d. the authority conferred on a court to hear a particular type of case

3. A criminal event, such as a kidnapping that occurs in more than one place, where each state into which the victim is taken could charge the kidnapper with the crime and may prosecute without violating the prohibition on double jeopardy is known as a:

a. repeat offense

b. concurrent offense

c. new offense

d. continuing offense

4. What type of jurisdiction means that a court is limited to hearing only a particular class of cases?

a. limited

b. general

c. geographic

d. appellate

5. The power of a court to hear a case initially is known as:

a. limited jurisdiction

b. general jurisdiction

c. original jurisdiction

d. appellate jurisdiction

6. The duties of the judicial branch are listed in which article of the Constitution?

a. Article I

b. Article II

c. Article III

d. none of the above

7. The Judiciary Act of 1789 created

a. three federal circuit courts

b. one chief justice and five associate justices

c. thirteen district courts

d. a and c only

8. Federal district court judges are appointed for:

a. six-year terms

b. nine-year terms

c. life and hold office "during good behavior"

d. life without the possibility of impeachment

9. Federal district courts have original jurisdiction to hear only:

a. civil cases where there is diversity of citizenship

b. criminal trials for violations of federal criminal laws

c. civil cases involving federal statutes

d. those types of cases specified by acts of Congress

10. Diversity of citizenship refers to the situation in which opposing parties:

a. are from different states

b. are suing for an amount below $75,000

c. are suing for an amount exceeding $75,000

d. are from the same state

11. Which federal courts are referred to as circuit courts?

a. district courts

b. courts of appeals

c. U.S. Supreme Court

d. magistrate courts

12. Which jurisdiction has its own appeals court in part because of the large number of cases filed there?

a. Texas

b. California

c. Idaho

d. District of Columbia

13. The term "en banc" means:

a. diverse

b. exclusive

c. expanded

d. as a group

14. What is the court of last resort for all cases arising in the federal system as well as all cases in state courts involving a federal constitutional issue?

a. U.S. District Court

b. state supreme court

c. federal Court of Appeals

d. U.S. Supreme Court

15. A writ of certiorari is an order:

a. for a new trial

b. to the lower court to send the record of a case up to the U.S. Supreme Court

c. to an executive official requiring them to complete the requested action

d. to a lower court mandating that they make a certain decision

16. The rule of four refers to:

a. how many justices it takes to win a case before the U.S. Supreme Court

b. how many appeals are allowed in one case

c. how many U.S. Supreme Court justices must vote to accept a case and place it on their docket

d. how many times the U.S. Supreme Court can hear a case

17. Who is the current chief justice of the U.S. Supreme Court?

a. Ruth Bader Ginsberg

b. Clarence Thomas

c. William Brennan

d. John Roberts

18. Which courts are the true workhouses of the American judicial system?

a. federal

b. state

c. civil

d. probate

19. Proceedings in lower courts are often more _________ in nature than they are in appellate or trial courts.

a. formal

b. structured

c. informal

d. rigid

20. What is a trial de novo?

a. a full court of record

b. an appellate court

c. an entirely new trial

d. a standard criminal appeal

21. Which level of state courts are courts of original jurisdiction in that trials for felonies are held in them?

a. courts of limited jurisdiction

b. courts of general jurisdiction

c. intermediate appellate courts

d. state supreme courts

22. The precise workload of the trial courts varies by:

a. jurisdiction

b. judge

c. constitution

d. legislature

23. The only option for a losing party in the state supreme court is to appeal directly to which court?

a. federal district court

b. federal courts of appeals

c. intermediate appellate courts

d. U.S. Supreme Court

24. What is an accusation on a formal document that may be filled out by an officer or private citizen accusing a specified person or persons of committing a specified criminal act or acts?

a. indictment

b. information

c. complaint

d. motion

25. The first court appearance is referred to as the _______________ and takes place in a municipal or justice of the peace court.

a. motion hearing

b. initial appearance

c. admit/deny hearing

d. arraignment

26. An information is prepared and signed for by:

a. a law enforcement officer

b. a grand jury

c. the defense attorney

d. the prosecutor

27. Which U.S. Supreme Court case ruled that states may use an information instead of an indictment in order to charge a defendant with a crime?

a. Batson v. Kentucky

b. J.E.B. v. Alabama

c. Hurtado v. California

d. Williams v. Florida

28. What is the rationale behind requiring an indictment by a grand jury?

a. to act as a check on an overzealous prosecutor

b. to be secretive so that the court can convict the defendant

c. to encourage improper prosecutions

d. to investigate the matters of the case

29. At which stage of the criminal process does the defendant enter a plea?

a. booking

b. arraignment

c. preliminary hearing

d. initial appearance

30. What type of plea occurs when a defendant accepts whatever punishment the court would impose on a guilty defendant but refuses to admit liability?

a. standing mute

b. guilty

c. nolo contendere

d. Alford plea

31. Which type of plea is not accepted as a valid option in all states and is only rarely allowed in the federal system?

a. nolo contendere

b. Alford plea

c. no contest

d. standing mute

32. The legal term for summoning jurors is the:

a. venire

b. voir dire

c. jury master list

d. juris volunaus

33. Prospective jurors are examined by the judge and/or the attorneys for the prosecution and defense to determine whether they have any bias, prejudice, or interest that would prevent them from being partial in a process known as:

a. jury selection

b. venire

c. voir dire

d. jury deliberation

34. Peremptory challenges:

a. are unlimited

b. do not require that a reason be given for dismissing a juror

c. require a valid reason for dismissing a juror

d. are only permitted for the prosecutor

35. Which U.S. Supreme Court case ruled that peremptory challenges may not be used to exclude potential jurors based on gender?

a. Batson v. Kentucky

b. J.E.B. v. Alabama

c. Hurtado v. California

d. Williams v. Florida

36. In closing arguments, the prosecution goes:

a. first, since it has the burden of proof

b. last, since it has the burden of proof

c. first, since it has the burden of presumption

d. last, since it has the burden of presumption

37. An indirect appeal is also known as a:

a. writ of ex post facto

b. writ of habeas corpus

c. bill of attainder

d. writ of mandamus

38. Under the election method of selecting judges, what form of election takes place where no political affiliation is listed for a candidate?

a. appointment system

b. merit system

c. partisan

d. nonpartisan

39. Which act provided for a U.S. attorney for each court district who was appointed by the president?

a. Attorney Act of 1789

b. Court Structure Act of 1789

c. Judiciary Act of 1789

d. Appointment Act of 1789

40. Which type of defense counsel is a private attorney who is paid by the state on a case-by-case basis to represent indigent defendants?

a. private attorneys

b. public defenders

c. appointed attorney

d. contract system

TRUE/FALSE QUESTIONS

1. Courts make public policy decisions.
2. Jurisdiction involves the authority of a court to hear a case.
3. Personal jurisdiction involves the authority conferred on a court to hear a particular type of case.
4. The term appellate jurisdiction refers to the authority of a court to hear the case initially.
5. The duties of the judicial branch of the federal government are listed in Article III of the Constitution.
6. Article III created a Supreme Court with six justices.
7. There are three primary tiers in the federal court system today.
8. Federal judges are appointed for a period of six years.
9. Indictments are issued by the prosecutor.
10. The U.S. Supreme Court is the "court of last resort" in cases involving constitutional rights.
11. The largest circuit court is the Fourth Circuit.
12. A writ of certiorari is an order to a lower court to send the record of the case to the Supreme Court.
13. The first chief justice of the U.S. Supreme Court was John Jay.
14. A trial de novo is an order to a lower court to send the record of the case to the Supreme Court.
15. The criminal process formally begins with the filing of a complaint.
16. A grand jury issues an information.
17. The process of questioning a prospective juror is referred to as voir dire.
18. Removing a juror for bias is referred to as making a peremptory challenge.
19. Election of judges became popular during the 1950s.
20. Under the early common law, there were no public prosecutors.
21. Geographical jurisdiction refers to the authority of courts to hear cases that arise within specified boundaries.
22. The circuit court is the trial court, the court of original jurisdiction, for the federal court system.
23. Diversity of citizenship refers to the situation where opposing parties are from different states.
24. There are 51 federal courts of appeal, fifty for the fifty states and one for the federal government.
25. The rule of four states that four justices must agree to make a final decision on a case.
26. Sandra Day O’Connor was the first female appointed to the U.S. Supreme Court.
27. California is the only state with two courts of last resort.
28. Standing mute means that the defendant is refusing to plead.
29. The prosecution goes first in opening statements because it has the burden of proof.
30. A public defender is a private attorney who is paid by the state on a case-by-case basis to represent indigent defendants.

ESSAY QUESTIONS

1. Explain the differences among the four categories of judicial jurisdiction.
2. Describe the process of how a case reaches the U.S. Supreme Court.
3. Describe the process of jury selection.
4. Compare and contrast the various judicial selection methods.
5. Describe the role of the defense attorney.