Chapter.4 Test Bank Federal And State Courts

CHAPTER 4

FEDERAL AND STATE COURTS

MULTIPLE CHOICE QUESTIONS

1. Courts provide several functions, including

a) settling disputes, making public policy decisions, and clarifying the law.

b) interpreting statutes, electing representatives, and conducting judicial review.

c) changing the law, amending the Constitution, and regulating society.

d) resolving disputes, resolving conflicts, and resolving election disputes.

2. A court's jurisdiction is conferred by

a) the president or the legislature.

b) the people through direct election.

c) tradition and the common law.

d) statutory or constitutional law.

3. Types of hierarchical jurisdiction include

a) subject matter and geographic jurisdiction.

b) original and appellate jurisdiction.

c) state and federal jurisdiction.

d) in personam and in rem jurisdiction.

4. 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.

5. Appellate jurisdiction is the

a) power of the court to review the decision of a lower court.

b) power of the court to retry a case.

c) ability of the court to issue an opinion binding on lower courts.

d) authority of the court to engage in judicial review.

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

a) Article I

b) Article II

c) Article III

d) none of the above

7. The original Supreme Court was composed of how many justices?

a) nine

b) six

c) three

d) none

8. The Judiciary Act of 1789 created

a) three federal circuit courts.

b) one chief justice and five associate justices.

c) the Supreme Court.

d) thirteen district courts.

e) a and d only

9. The federal court system today is comprised of three primary tiers. Which of the following correctly lists these three tiers in order from the lowest court to the highest court?

a) trial court, appeals court, magistrate's court.

b) Supreme Court, district court, circuit court.

c) magistrate's court, appeals court, court of claims.

d) district court, court of appeals, Supreme Court.

10. Federal district court judges are appointed for

a) six-year terms.

b) nine-year terms.

c) life, assuming good behavior.

d) life, without possibility of impeachment.

11. Federal magistrates perform which of the following duties?

a) decide appeals from the district court

b) hear felony trials

c) issue warrants

d) issue writs of mandamus

12. Federal district courts have original jurisdiction over all of the following issues except

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) suits involving state law.

13. The largest court of appeals circuit is the

a) Ninth.

b) District of Columbia.

c) First.

d) none of the above.

14. The Supreme Court has original jurisdiction over all of the following except?

a) suits between a state and foreign citizen

b) suits between states

c) suits involving diversity of citizenship

d) suits between the United States and a state

15. The rule of four refers to

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

b) how many appeals are allowed in one case.

c) how many justices must vote to hear a case in the Supreme Court.

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

16. State courts of limited jurisdiction deal with

a) crucial early stages of criminal cases.

b) diversity of citizenship.

c) felony case trials.

d) none of the above.

17. The main purpose of the preliminary hearing is to

a) inform the defendant of his or her rights.

b) release the defendant on bond.

c) determine if there is probable cause.

d) all of the above.

18. Possible pleas a criminal defendant can enter include

a) guilty, not guilty, no contest.

b) innocent, guilty, standing mute.

c) nolo contendre, no contest, not guilty.

d) not guilty, innocent, no contest.

19. The process of questioning prospective jury members is referred to as

a) voir dire.

b) challenge for cause.

c) peremptory challenge.

d) preliminary hearing.

20. An example of an indirect appeal is

a) ex post facto.

b) habeas corpus.

c) bill of attainder.

d) writ of mandamus.

21. In recent years, Congress has ____________ the number of federal crimes.

a) decreased

b) limited

c) increased

d) stabilized

22. A writ of certiorari

a) is an order for a new trial.

b) is an order to the lower court to send the record of a case up to the Supreme Court.

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

d) is an order to a lower court mandating that they make a certain decision.

23. Which of the following is the stage of the jury selection process when potential jurors are summoned?

a) venire

b) voir dire

c) jury master list

d) juris volunaus

24. A primary purpose of arraignment is for

a) the defendant to post bail.

b) the defendant to make a plea.

c) the defense attorney to make an appeal.

d) the judge to hear evidence on a pretrial motion.

25. Which of the following defense systems allows for the lowest-bidding office to represent indigent defendants?

a) private attorney office

b) public defense attorney

c) assigned counsel

d) contract system

26. 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

27. What is the rationale behind requiring 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

28. An information

a) is filed by a law enforcement official.

b) is filed by a grand jury.

c) is filed by the defense attorney.

d) is filed by the prosecutor.

29. 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.

30. All of the following are key court actors discussed in the book except

a) judge.

b) prosecutor.

c) defense attorney.

d) jury.