Exam Questions Federal And State Courts Chapter 4 6e

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. The term jurisdiction comes from the Latin words juris (law), and dicere, meaning to:

a. distribute

b. speak

c. dissect

d. review

3. 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

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. 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 both states 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

6. Which type of jurisdiction involves the division of responsibilities and functions among the various courts?

a. personal

b. subject mater

c. hierarchical

d. geographical

7. 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

8. Appellate jurisdiction means the court has the:

a. power to review a decision of a lower court

b. power to retry a case

c. ability to issue an opinion binding on higher courts

d. authority to engage in judicial review of a case in another jurisdiction

9. Federal courts are sometimes referred to as:

a. Article VI Courts

b. Article III Courts

c. Article II Courts

d. Article I Courts

10. 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

11. Which court is the trial court-the court of original jurisdiction-for the federal court system?

a. district court

b. court of appeals

c. U.S. Supreme Court

d. magistrate court

12. 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

13. 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

14. 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

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

a. District Courts

b. Courts of Appeals

c. U.S. Supreme Court

d. magistrate courts

16. The jurisdiction of the federal Court of Appeals for the Federal Circuit includes appeals from:

a. patent claims

b. decisions of the Claims Court

c. decisions of the Court of International Trade

d. all of the above

17. The largest court of appeals circuit is the:

a. Ninth Circuit

b. District of Columbia Circuit

c. First Circuit

d. Fifth Circuit

18. If there are conflicting decisions at the federal courts of appeals level involving the same legal issue between two panels, the entire circuit may sit ____________ and rehear the case.

a. en banc

b. exclusively

c. diversely

d. fully

19. The Ninth Circuit may hold en banc hearings with as few as _____ of its 29 judges.

a. 13

b. 11

c. 15

d. 18

20. The U.S. 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

21. A writ of certiorari is an order:

a. for a new trial

b. to the lower court to send the record of the 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

22. Which of the following is true regarding the refusal of the U.S. Supreme Court to grant a writ of certiorari?

a. it does so because no federal constitutional issue is raised

b. it does so because there is no difference of opinion on the issue that is the subject of the case among the circuit courts

c. refusal to accept an appeal is not considered a decision on the merits of the case and has no binding precendential value

d. all of the above

23. Only about _____ percent of petitions to the U.S. Supreme Court are granted certiorari?

a. 1

b. 2

c. 3

d. 4

24. Who was the first female to be appointed to the U.S. Supreme Court?

a. Ruth Bader Ginsberg

b. Sandra Day O'Connor

c. Elana Kagan

d. Sonya Sotomayor

25. Currently, the U.S. Supreme Court is composed of how many justices?

a. nine

b. six

c. three

d. none of the above

26. It was not until the term of ____________ that the U.S. Supreme Court was able to establish its role in the government.

a. Louis Brandeis

b. Thurgood Marshall

c. John Marshall

d. Sandra Day O'Conner

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

a. federal

b. state

c. civil

d. probate

27. The most common state court system consists of __________ levels, or tiers, of courts.

a. two

b. three

c. four

d. five

28. 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

29. 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

30. What is a crime for which the possible punishment includes a sentence of imprisonment for at least one year?

a. misdemeanor

b. felony

c. citation

d. standard

31. What state courts are largely a creation of the twentieth century?

a. intermediate appellate

b. limited jurisdiction

c. district

d. state supreme

32. The number of judges on a state court of last resort varies by state from:

a. three to nine

b. four to ten

c. five to 11

d. six to 12

33. Most states also require which court to hear all appeals in cases involving the death penalty?

a. district court

b. intermediate appellate court

c. magistrate court

d. supreme court

34. 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

35. What is a legal concept referring to the amount of proof a police officer must have to search or arrest someone?

a. mere suspicion

b. probable cause

c. beyond a reasonable doubt

d. beyond all doubt

36. 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

37. In a(n) _______________, the magistrate determines if there is probable cause to believe that an offense was committed and that it was the defendant who committed it.

a. arraignment

b. initial appearance

c. preliminary hearing

d. motion hearing

38. An information is prepared and signed for by:

a. a law enforcement officer

b. a grand jury

c. the defense attorney

d. the prosecutor

39. In some states, a grand jury is formed only at the discretion of the:

a. prosecutor

b. judge

c. defense attorney

d. victim

40. What is by far the most common plea given by defendants?

a. not guilty

b. nolo contendere

c. guilty

d. Alford plea

41. Which type of plea is one in which the defendant enters a guilty plea but denies having committed the crime to which they are pleading?

a. nolo contendere

b. no contest

c. standing mute

d. Alford plea

42. The legal term for summoning jurors is the:

a. venire

b. voir dire

c. jury master list

d. juris volunaus

43. What term literally means "to speak the truth"?

a. voir dire

b. dire dicta

c. dicere

d. voir dicere

44. Prior to trial, what type of consultants use the theories and methods of social science to help them determine what type of person is more likely to favor their side in a case?

a. jury

b. voir dire

c. verdict

d. peremptory

45. 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

46. Which U.S. Supreme Court case ruled that peremptory challenges may not be used to exclude potential jurors on the basis of race?

a. Williams v. Florida

b. Ring v. Arizona

c. Hurtado v. California

d. Batson v. Kentucky

47. What is a request made to the court asking it for something?

a. voir dire

b. venue

c. motion

d. inquiry

48. 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

49. In which case did the U.S. Supreme Court hold that in death penalty cases, the finding of matters of fact is the domain of juries (such as aggravating factors) and required that the jury determine the appropriate sentence?

a. Williams v. Florida

b. Batson v. Kentucky

c. Hurtado v. California

d. Ring v. Arizona

50. Which term translates as "you have the body"?

a. habeas mandamus

b. habeas corpus

c. habeas certiorari

d. habeas cristie

51. Which of the following is an ancient legal remedy, dating back at least to the Magna Carta?

a. habeas corpus

b. bills of attainder

c. ex post facto

d. ratio decidendi

52. Which method does the federal system use to select judges?

a. appointment system

b. merit system

c. election

d. partisan

53. What method of selecting judges became popular during the 1830s when Democrats under the leadership of Andrew Jackson gained control of Congress from the Federalists?

a. appointment system

b. election

c. partisan

d. merit system

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

a. appointment system

b. merit system

c. partisan

d. nonpartisan

55. Which method of selecting judges is sometimes referred to as the Missouri plan?

a. appointment system

b. merit system

c. election

d. partisan

56. 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

57. Deputy attorney generals:

a. are confirmed by the Senate

b. are appointed by the president

c. serve at the pleasure of the president

d. all of the above

58. Which type of defense counsel method is usually utilized in lightly populated counties?

a. court-appointed counsel

b. contract system

c. public defender

d. privately retained counsel

59. What are groups of attorneys who attempted to regulate the practice of law?

a. public defenders

b. bar associations

c. prosecutors

d. contract attorneys

60. Which legal education model involves the professor asking the law student a series of questions intended to force the student to identify key legal principles and doctrines and to apply them to hypothetical situations?

a. Socratic method

b. casebook approach

c. legal approach

d. appellate approach

TRUE/FALSE QUESTIONS

1. Perhaps the most significant difference between the courts and the other branches of government is that the courts are proactive.

a. True

b. False

2. Hierarchical jurisdiction involves the authority of the court over the person.

a. True

b. False

3. A specified court boundary is sometimes referred to as a realm.

a. True

b. False

4. General jurisdiction means a court has the authority to hear a variety of cases.

a. True

b. False

5. Federal courts are sometimes referred to as Article III Courts.

a. True

b. False

6. The original U.S. Supreme Court was composed of nine justices.

a. True

b. False

7. Federal magistrate courts are similar to state courts of limited jurisdiction.

a. True

b. False

8. There are 36 federal courts of appeals in the United States.

a. True

b. False

9. Idaho is part of the Ninth Circuit court of appeals.

a. True

b. False

10. The term "en banc" means exclusive.

a. True

b. False

11. The U.S. Supreme Court's appellate docket is almost entirely presumptive, which means that the Court may choose which cases it takes and which it refuses to hear.

a. True

b. False

12. The rule of four refers to how many U.S. Supreme Court justices must vote to accept a case and place it on their docket.

a. True

b. False

13. Congress has not changed the number of justice in more than 300 years.

a. True

b. False

14. Federal courts are the true workhouses of the American judicial system.

a. True

b. False

15. Proceedings in lower courts are often more informal in nature than they are in appellate or trial courts.

a. True

b. False

16. State courts of limited jurisdiction often are involved in crucial early stages of criminal cases.

a. True

b. False

17. The precise workload of the trial courts varies by jurisdiction.

a. True

b. False

18. A habeas corpus appeal is one that state legislators permit all criminal defendants as a matter of law and occurs after a final order has been entered by the trial court.

a. True

b. False

19. An arrest warrant serves as the charging document for the preliminary hearing.

a. True

b. False

20. If probable cause is established at the preliminary hearing, the defendant is bound over for trial.

a. True

b. False

21. At the arraignment stage of the criminal process the defendant enters a plea.

a. True

b. False

22. When a defendant refuses to plea, this is known as pleading guilty.

a. True

b. False

23. The term voir dire literally means "to speak the truth."

a. True

b. False

24. A venue is a request made to the court asking it for something.

a. True

b. False

25. An indirect appeal is also known as a bill of attainder.

a. True

b. False

26. Appointment is the oldest method of selecting judges.

a. True

b. False

27. The appointment system for selecting judges was first adopted by Missouri in 1940.

a. True

b. False

28. When the person selected as a judge stands for election within a short time after they are selected, this is referred to as merit standing.

a. True

b. False

29. Assistant U.S. attorneys are not political appointments.

a. True

b. False

30. Public defenders are hired full-time by the state but work for defendants who cannot afford to hire their own lawyer.

a. True

b. False

ESSAY QUESTIONS

1. Identify and define the primary types of jurisdiction. Provide an example of each.

2. Describe the process of how a case reaches the U.S. Supreme Court. Do you feel the Court should hear more or less cases than they currently do? Justify your answer.

3. Describe the process of jury selection. Provide examples of reasons why a potential juror might be removed during voir dire.

4. Compare and contrast the various judicial selection methods. Which method do you feel should be used over the others? Justify your choice.

5. Describe the role of the defense attorney. Do you feel that private counsel or public defenders do the best at satisfying this role? Explain your choice.