Judges Chapter 4 Test Questions & Answers

CHAPTER 4

Multiple-Choice Questions

1. The method of judicial selection that utilizes a retention ballot is _______________.
   1. Partisan election.
   2. Nonpartisan election.
   3. Appointment.
   4. Merit selection.
2. ______________ judges must be licensed attorneys.
   1. Lay.
   2. State trial court.
   3. Federal trial court.
   4. None of the above.
3. ________________ assist district courts with matters such as issuing warrants, conducting preliminary hearings, and hearing misdemeanor cases.
   1. U.S. magistrate judges.
   2. Federal municipal judges.
   3. Bankruptcy judges.
   4. None of the above.
4. What concept implies that judges must answer to the citizens whom they serve?
   1. Judicial independence.
   2. Judicial accountability.
   3. Merit selection.
   4. Extrajudicial control.
5. Which of the following is not a type of quasi-judicial officer?
   1. Lay judges.
   2. Masters.
   3. Referees.
   4. Mediators.
6. What types of judgeships are generally filled by partisan elections?
   1. Local judges only.
   2. State and local judges.
   3. Federal judges.
   4. U.S. magistrate judges.
7. Under which U.S. president did partisan elections become a widely practiced method of judicial selection?
   1. George Washington.
   2. Thomas Jefferson.
   3. James Madison.
   4. Andrew Jackson.
8. Which of the following is not a reason that the voice of voters is not accurately reflected in partisan elections?
   1. Most voters are satisfied with those currently in judicial office.
   2. Voters cast ballots along straight party lines.
   3. Many voters do not cast votes for judicial offices.
   4. Voters are uneducated about candidates’ education and experience.
9. Nonpartisan elections have been criticized for their low level of _____________.
   1. Accountability.
   2. Bias.
   3. Local political activity.
   4. Campaign contributions.
10. Article III federal judges are appointed by the_______________.
    1. Governor.
    2. President.
    3. U.S. Senate.
    4. U.S. Supreme Court.
11. Article III federal judges include
    1. Federal district court judges.
    2. Courts of appeals judges.
    3. U.S. Supreme Court justices.
    4. All of the above.
    5. None of the above.
12. Which of the following is a purpose of utilizing interim judicial appointments?
    1. Avoid the need for a special election.
    2. Allow those with prior judicial experience to fill the vacancy.
    3. Obtain public support for a new judicial candidate.
    4. Involve the state judiciary in the selection process.
13. How long is the term of a full-time U.S. magistrate judge?
    1. 4 years.
    2. 8 years.
    3. 12 years.
    4. Lifetime tenure.
14. Which of the following creates a vacancy for a federal judgeship?
    1. An interim judicial appointment is made.
    2. The incumbent judge is voted out of office.
    3. Creation of a new judicial position by the U.S. Congress.
    4. The U.S. Supreme Court calls for a new appointment.
15. There is no list of formal constitutional qualifications for ______________ judges.
    1. Municipal.
    2. Local.
    3. State.
    4. Federal.
16. In impeachment proceedings, what group acts as a hearing body?
    1. U.S. House of Representatives.
    2. U.S. Senate.
    3. U.S. Supreme Court.
    4. U.S. Department of Justice.
17. Which of the following is not a way in which federal courts are insulated from political whims?
    1. Federal courts can only exercise judicial powers.
    2. Federal judges are given life tenure.
    3. The salaries of federal judges cannot be decreased.
    4. Federal judges cannot be removed from office by impeachment.
18. Judicial conduct commissions may be formed by
    1. Appointment.
    2. Independent state boards.
    3. State supreme courts.
    4. All of the above.
    5. None of the above.
19. Because few judges are prepared to be court administrators, courts may utilize ____________ to handle administrative tasks.
    1. Court administrators.
    2. Chief judges.
    3. Presiding judges.
    4. All of the above.
    5. None of the above.
20. Which of the following is not a category of federal district court personnel?
    1. Municipal judges.
    2. Magistrate judges.
    3. Bankruptcy judges.
    4. District court judges.

True/False Questions

1. Judges in various courts the United States may be chosen by elections, appointment, and merit selection.

a. True

b. False

2. Federal district court judges are selected in nonpartisan elections every 10 years.

a. True

b. False

3. The so-called long ballot was created under the presidency of George Washington.

a. True

b. False

4. Most voters are well informed about the qualifications for candidates for judge.

a. True

b. False

5. In states with partisan judicial elections there is a lingering concern over the influence that campaign donations may have on judges’ decisions.

a. True

b. False

6. The Supreme Court case of Caperton v. A. T. Massey Coal Co. dealt with the issue of potential bias resulting from campaign contributions.

a. True

b. False

7. Interim appointments allow the governor to fill judicial vacancies that are suddenly created by the deaths or resignations of judges.

a. True

b. False

8. Full-time U.S. magistrate judges are appointed to office for a term of 8 years.

a. True

b. False

9. The merit system of selecting judges was pioneered by the state of California.

a. True

b. False

10. Judges at all levels in the United States are required to have law degrees.

a. True

b. False

Essay Questions

1. Discuss the positive and negative aspects of each method of judicial selection. Which one is best for society and the administration of justice? Which one is the worst for society and the administration of justice? Explain your reasoning.
2. Discuss the ever-increasing need for judicial candidates to raise significant amounts of money and the role of gifts and favors from individuals, businesses, and special interest groups. Does this create an inherent conflict of interest in the political process, or is it a necessary part of a campaign? What effect(s) does this have on the judicial process? How should this be addressed? Be specific and give examples.
3. Few judges are fully prepared to be court administrators. What problems can this create and how can these problems be resolved? Should judges handle administrative tasks, or should these tasks be delegated to others? Explain your reasoning.
4. Explain the various functions that are handled by judges at the pretrial, trial, posttrial, and appellate levels.
5. Discuss the processes by which judges may be either disciplined or removed from office.

Matching Questions

1. States that judges should avoid making political speeches, contributing to party funds, and endorsing political candidates.

2. Conducts background checks on potential nominees for federal judgeship positions.

3. Deals with complaints of illegal or unethical behavior on the part of judges.

4. Group that frequently debates concepts that create tension within the judicial branch.

5. Addressed a potential conflict of interest from a judge who had received a previous campaign contribution from a litigant in his court.

6. Conducts judicial confirmation hearings.

7. Struck down an ethics provision that prohibited judges from announcing their views on issues during campaigns.

8. Entity that plays a prominent role in the outcome of nonpartisan elections.

9. Idea that judges must answer to the citizens whom they serve.

10. Process of rewarding friends and supporters with judicial appointments.