Chapter 9: Courts and Crime

Test Bank

Multiple Choice

1. Criminal law requires that a criminal court satisfy a burden of proof of ______.

a. beyond a reasonable doubt

b. clear and convincing evidence

c. probable cause

d. preponderance of the evidence

Learning Objective: 9-1: Discuss the differences between the criminal courts and the civil courts.

REF: Cognitive Domain: Knowledge

Answer Location: Criminal Versus Civil Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

2. The burden of proof in civil courts is ______.

a. beyond a reasonable doubt

b. clear and convincing evidence

c. probable cause

d. preponderance of the evidence

Learning Objective: 9-1: Discuss the differences between the criminal courts and the civil courts.

REF: Cognitive Domain: Knowledge

Answer Location: Criminal Versus Civil Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

3. In order to know if the court has ______ jurisdiction, we need to know what type of law was broken.

a. concurrent

b. geographical

c. venue

d. district

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Geographical Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

4. Which of the following is the correct presentation of a state criminal court case in the state of New York?

a. State of New York v. Amber Roberts

b. Amber Roberts v. State of New York

c. United States of America v. Amber Roberts

d. Roberts v. New York

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Application

Answer Location: Geographical Jurisdiction

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

5. The most common type of criminal act is a violation of ______ law.

a. local

b. state

c. federal

d. civil

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Knowledge

Answer Location: Geographical Jurisdiction

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

6. John was arrested by local police for trespassing on private property. His case would most likely be heard in a ______ court.

a. municipal

b. district

c. state

d. federal

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Application

Answer Location: Geographical Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

7. When acts are illegal under both federal law and state law, this is referred to as ______ jurisdiction.

a. geographical

b. dual

c. general

d. concurrent

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Concurrent Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

8. The Boston Marathon bombing case of Dzhokhar Tsarnaev is an example of ______ jurisdiction.

a. geographical

b. dual

c. general

d. concurrent

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Application

Answer Location: Concurrent Jurisdiction

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

9. ______ is jurisdiction of a court based on the type of case that it is allowed to hear.

a. Limited jurisdiction

b. Subject matter jurisdiction

c. General jurisdiction

d. Original jurisdiction

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Knowledge

Answer Location: Subject Matter Jurisdiction

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

10. Courts of ______ handle misdemeanor cases.

a. limited jurisdiction

b. subject-matter jurisdiction

c. general jurisdiction

d. original jurisdiction

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Knowledge

Answer Location: Subject-Matter Jurisdiction

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

11. Courts of ______ do not have any restrictions on the types of cases that they can hear.

a. limited jurisdiction

b. subject matter jurisdiction

c. general jurisdiction

d. original jurisdiction

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Subject Matter Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

12. A criminal case begins in a court of ______ or a trial court, where a case is heard for the first time.

a. limited jurisdiction

b. subject matter jurisdiction

c. general jurisdiction

d. original jurisdiction

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Subject Matter Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

13. ______ courts are concerned with issues of fact.

a. Municipal

b. Trial

c. Appellate

d. Supreme

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Subject Matter Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

14. Courts of ______ are concerned with issues of law and whether there were errors made by the trial court.

a. general jurisdiction

b. appellate jurisdiction

c. original jurisdiction

d. subject matter jurisdiction

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Appellate Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

15. In criminal court, who can file the first appeal?

a. the prosecutor

b. the accused

c. both the prosecutor and the accused

d. no one

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Knowledge

Answer Location: Appellate Jurisdiction

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

16. Appellate courts use a ______ to render a decision.

a. jury

b. prosecutor

c. judge

d. district attorney

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Knowledge

Answer Location: Appellate Jurisdiction

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

17. The court system in the United States is based upon a ______ system.

a. autonomy

b. concurrent court

c. separation court

d. dual court

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Structure of the Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

18. The jurisdiction for the federal court system covers _____.

a. 50 states

b. only D.C.

c. U.S. territories

d. all 50 states, U.S. territories, and D.C.

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: The Federal Court System

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

19. Within the federal system, most judges are appointed by ______.

a. constituents

b. the president

c. Congress

d. Supreme Court justices

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: The Federal Court System

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

20. The term for a federal court judge is ______.

a. two years

b. four years

c. eight years

d. life

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: The Federal Court System

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

21. The first level of courts in the federal system is the ______.

a. U.S. Supreme Court

b. U.S. Circuit Courts

c. U.S. District Courts

d. U.S. Magistrates Courts

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Magistrate Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

22. U.S. Magistrates Courts are courts of ______.

a. general jurisdiction

b. limited jurisdiction

c. appellate jurisdiction

d. original jurisdiction

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Comprehension

Answer Location: Magistrate Courts

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

23. Magistrate courts generally hear which of the following types of cases?

a. misdemeanor

b. civil

c. status offenses

d. felony

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Application

Answer Location: Magistrate Courts

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

24. Magistrate judges are selected by the district court judiciary and serve a term of ______.

a. two years

b. four years

c. eight years

d. life

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Magistrate Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

25. U.S. District Courts are courts of ______.

a. general jurisdiction

b. limited jurisdiction

c. appellate jurisdiction

d. original jurisdiction

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Comprehension

Answer Location: District Courts

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

26. The most common offense heard by U.S. District Courts involves ______.

a. immigration

b. drugs

c. murder

d. sexual assault

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: District Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

27. ______ are intermediate courts that hear cases of law from the U.S. district courts or from the federal administrative courts.

a. The appellate courts

b. The Supreme Courts

c. The municipal courts

d. The magistrate courts

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Comprehension

Answer Location: Appeals Courts

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

28. A hearing of the full bench of a U.S. circuit court is referred to as ______.

a. voir dire

b. allocution

c. en banc

d. amicus curiae

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Appeals Courts

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

29. The term for Supreme Court justices is for ______.

a. two years

b. four years

c. eight years

d. life

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Supreme Court

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

30. U.S. Supreme Court justices are appointed by the president and confirmed by the ______.

a. House of Representatives

b. Senate

c. chief justice

d. state governments

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Supreme Court

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

31. A petition to the U.S. Supreme Court to hear a case is known as a ______.

a. brief

b. voir dire

c. writ of certiorari

d. amicus curiae

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Supreme Court

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

32. ______ are documents that are submitted by the parties in an appellate case that outlines their legal arguments.

a. Writs of certiorari

b. Briefs

c. Amicus curiae’s

d. Oral arguments

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Supreme Court

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

33. An opinion that is provided by the court that agrees with the outcome of the majority but has different reasons for the decision is referred to as a ______.

a. majority opinion

b. concurring opinion

c. dissenting opinion

d. minority opinion

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Supreme Court

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

34. An opinion that is written by a justice who disagrees with the majority decision is referred to as a ______.

a. majority opinion

b. concurring opinion

c. dissenting opinion

d. minority opinion

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Supreme Court

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

35. Historical data shows that the majority of the U.S. Supreme Court justices have been identified as ______.

a. Hispanic

b. male

c. Catholic

d. liberal

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Women and Minorities on the Bench

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

36. The majority of cases involving criminal matters are heard in the ______ courts.

a. trial

b. municipal

c. appellate

d. family

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: The State Court System

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

37. The majority of state court cases are heard by ______.

a. original jurisdiction courts

b. limited-jurisdiction courts

c. geographic jurisdiction courts

d. subject-matter jurisdiction courts

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems..

REF: Cognitive Domain: Knowledge

Answer Location: The State Court System

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

38. In the ______ plan, candidates are nominated by a citizen committee and selected by either the governor or the head of the state’s judicial system. After a year, a retention election is held.

a. Missouri

b. California

c. New York

d. Kentucky

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Judicial Selection of State Trial Court Judges

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

39. Which of the following refers to cases where the appellate court must hear?

a. appeals by right

b. writs of certiorari

c. allocution

d. nolo contendere

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Application

Answer Location: State Appellate Courts

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

40. The ______ is considered to be an ancillary member of the court.

a. probation/parole officer

b. clerk of the court

c. judge

d. victim

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Knowledge

Answer Location: Ancillary Members

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

41. The ______ is an ancillary member who manages all of the paperwork for the courtroom and works closely with the judge.

a. clerk

b. court report

c. judge

d. bailiff

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Knowledge

Answer Location: Ancillary Members

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

42. Who decides whether probable cause exists in a case?

a. police officer

b. defense attorney

c. judge

d. prosecutor

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Judges

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

43. Who is tasked with bringing the case to court?

a. police officer

b. defense attorney

c. judge

d. prosecutor

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Prosecutors

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

44. Which of the following players in the courtroom is tasked with representing the larger community and their needs?

a. prosecutor

b. defense attorney

c. judge

d. police officer

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Application

Answer Location: Prosecutors

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

45. Prosecutors are responsible for ______.

a. being the primary decision-maker throughout the process

b. determining bail for the accused

c. ruling on pretrial motions

d. negotiating plea bargains with the defendants

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Prosecutors

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

46. Evidence that is favorable to the defense and may exonerate a defendant from any criminal wrongdoing is referred to as ______.

a. direct

b. mitigating

c. exculpatory

d. circumstantial

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Ethical Challenges for Prosecutors

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

47. Which of the following cases ruled that prosecutors must disclose any exculpatory evidence to the defense?

a. Missouri v. Frye

b. Brady v. Maryland

c. Gideon v. Wainwright

d. Batson v. Kentucky

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Application

Answer Location: Ethical Challenges for Prosecutors

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

48. Which of the following is an example of prosecutorial misconduct?

a. perjured testimony

b. turning over exculpatory evidence

c. restating the law

d. disclosing preferential treatment to a jailhouse informant

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Application

Answer Location: Ethical Challenges for Prosecutors

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

49. The ______ Amendment of the constitution states that persons who have been accused of a crime have the right to an attorney to assist in their defense.

a. First

b. Fourth

c. Sixth

d. Eighth

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Knowledge

Answer Location: Defense Attorneys

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

50. The ruling in the _____ landmark Supreme Court case was that defendants are entitled to an attorney if they are accused on a crime. If they cannot afford an attorney, they will be appointed one by the government.

a. Mapp v. Ohio (1961)

b. Katz v. United States (1967)

c. Gideon v. Wainwright (1963)

d. Batson v. Kentucky (1986)

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Knowledge

Answer Location: Defense Attorneys

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

51. ______ is any evidence that serves to either explain the defendant’s involvement in the crime or reduce his or her potential sentence.

a. Direct

b. Mitigating

c. Exculpatory

d. Circumstantial

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Defense Attorneys

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

52. The official declaration that there is probable cause to charge the accused with a crime is referred to as a(n) ______.

a. verdict

b. indictment

c. plea bargain

d. brief

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Knowledge

Answer Location: Grand Juries

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

53. A ______ is granted in cases where the court believes that a potential juror may be unfair or biased in their decision-making.

a. peremptory challenge

b. challenge for cause

c. unqualified juror

d. constitutional challenge

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Trial Juries

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

54. Each side has a limited number of ______ whereby each attorney can reject a juror without having to give a specific reason.

a. peremptory challenges

b. challenges for cause

c. unqualified jurors

d. constitutional challenges

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Trial Juries

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

55. The process of questioning by the prosecutor and the defense attorney that issued to select a trial jury is referred to as ______.

a. voir dire

b. nullification

c. indictment

d. allocution

Learning Objective: 9-4:

REF: Cognitive Domain: Knowledge

Answer Location: Trial Juries

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

56. The ______ is an option for the court to establish whether probable cause exists for the case to move forward.

a. grand jury

b. arraignment

c. first appearance

d. preliminary hearing.

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Comprehension

Answer Location: Pretrial

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

57. Which of the following occurs when a defendant appears before the court and publicly admits involvement in the crime?

a. arraignment

b. nolo contendere

c. allocution

d. preventive detention

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Application

Answer Location: Arraignment

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

58. A no-contest plea in which the defendant does not admit guilt but accepts responsibility is known as ______.

a. arraignment

b. nolo contendere

c. allocution

d. preventive detention

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Knowledge

Answer Location: Arraignment

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

59. ______ refers to evidence that is directly linked to the defendant’s involvement in the crime.

a. Mitigating evidence

b. Exculpatory evidence

c. Direct evidence

d. Circumstantial evidence

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Comprehension

Answer Location: Trial

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

60. ______ refers to evidence that requires the jury to make some sort of inference about the defendant’s involvement in the crime.

a. Mitigating evidence

b. Exculpatory evidence

c. Direct evidence

d. Circumstantial evidence

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Comprehension

Answer Location: Trial

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

61. Michael Morton’s wrongful conviction rested on what type of evidence?

a. direct

b. exculpatory

c. mitigating

d. circumstantial

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Comprehension

Answer Location: Current Controversy 9.1: Should Physical Evidence Be Required in Serious Criminal Cases

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

62. The prosecutor in Michael Morton’s case withheld physical evidence that could have cast doubt in Morton’s guilt from the start. This is an example of ______.

a. allocution

b. prosecutorial misconduct

c. nullification

d. voir dire

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Application

Answer Location: Current Controversy 9.1: Should Physical Evidence Be Required in Serious Criminal Cases

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

63. Which of the following statements is consistent with the argument that plea bargaining should be abolished or limited?

a. Plea bargains short-circuit the truth-finding process.

b. Plea bargains enable the courts to handle huge and continually increasing caseloads.

c. Plea bargains allow victims and witnesses the chance to avoid trauma.

d. Plea bargains provide certainty and finality to the criminal justice process.

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Application

Answer Location: Current Controversy 9.2: Should We Limit the Use of Plea Bargains

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

True/False

1. Criminal law requires that a criminal court satisfy a burden of proof of beyond a reasonable doubt.

Learning Objective: 9-1: Discuss the differences between the criminal courts and the civil courts.

REF: Cognitive Domain: Comprehension

Answer Location: Criminal Versus Civil Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

2. Cases can only be a violation of criminal law or civil law, not both.

Learning Objective: 9-1: Discuss the differences between the criminal courts and the civil courts.

REF: Cognitive Domain: Comprehension

Answer Location: Criminal Versus Civil Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

3. Jurisdiction determined by the physical location of a crime is referred to as concurrent jurisdiction.

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Geographic Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

4. While federal law applies to all 50 states, state law applies only to the jurisdiction of that particular state.

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Geographic Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

5. Courts of limited jurisdiction handle misdemeanor cases.

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Subject Matter Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

6. Courts of general jurisdiction do not have any restrictions on the types of cases that they can hear.

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Subject-Matter Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

7. Appellate jurisdiction refers to the level of the courts that is concerned with issues of law and whether an error was made by the trial court.

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Appellate Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

8. The dual court system explains how the state and federal court systems work in separate, yet similar fashions.

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Comprehension

Answer Location: Structure of the Courts

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

9. Magistrate judges are the only judges in the federal system who are appointed in a manner that is different from other federal judicial appointments.

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Comprehension

Answer Location: Magistrate Courts

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

10. U.S. district courts are courts of limited jurisdiction.

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Comprehension

Answer Location: District Courts

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

11. The term en banc means that the full bench hears the case.

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Appeals Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

12. The first U.S. Supreme Court was established in 1789 with nine members: a Chief Justice and eight associate justices.

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Supreme Court

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

13. In order for a case to reach the Supreme Court, it has to exhaust all of its appeals in the lower courts. Then they must petition the Court to hear the case. This is called a writ of certiorari.

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Comprehension

Answer Location: Supreme Court

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

14. A historical review of the U.S. Supreme Court finds that 80% of the justices have been White, male, and Catholic.

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Women and Minorities on the Bench

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

15. For the majority of states, the appellate level is divided into intermediate courts of appeals as well as a court of last resort, also known as the state supreme court.

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: State Appellate Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

16. Appeals by permission involve cases where the appellate court must hear.

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: State Appellate Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

17. Prosecutorial misconduct can include behaviors such as the use of perjured testimony, failing to disclose preferential treatment to a jailhouse informant, or misstating the law to the jury which impacted their decision-making process.

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Ethical Challenges for Prosecutors

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

18. A grand jury decides whether a defendant is guilty following trial.

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Grand Juries

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

19. The indictment is the official declaration that there is probable cause to charge the accused with a crime.

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Knowledge

Answer Location: Grand Juries

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

20. During the voir dire process, the prosecutor and the defense question potential jurors to determine who should be selected to serve.

Learning Objective: 9-4: Discuss the various actors in the court system and their duties

REF: Cognitive Domain: Comprehension

Answer Location: Trial Juries

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

21. During an initial appearance, the defendant is officially notified by the court of the charges that are pending against them.

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Comprehension

Answer Location: Pretrial

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

22. When a defendant is released on their own recognizance, they post a bail as a promise to appear for all future court dates.

Learning Objective: 9-5: Identify the different forms of bail and its issues.

REF: Cognitive Domain: Comprehension

Answer Location: Pretrial

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

23. Nolo contendere occurs when a defendant appears before the court and publicly admits his or her involvement in a crime.

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Comprehension

Answer Location: Arraignment

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

24. Jury nullification occurs when the jury may decide not to convict a defendant even though the evidence would support a guilty verdict.

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Comprehension

Answer Location: Trial

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

25. After the opening statements, the prosecution begins by calling witnesses to provide testimony about what they believe happened during the offense.

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Comprehension

Answer Location: Trial

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

Short Answer

1. What is the difference in the burden of proof required in criminal and civil proceedings?

Learning Objective: 9-1: Discuss the differences between the criminal courts and the civil courts.

REF: Cognitive Domain: Knowledge

Answer Location: Criminal Versus Civil Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

2. List and briefly describe the four types of jurisdiction discussed in your text.

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Jurisdiction and the Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

3. What is geographical jurisdiction?

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Geographical Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

4. Draw the federal court structure.

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Knowledge

Answer Location: Structure of the Courts

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

5. What is meant by a dual court system?

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Comprehension

Answer Location: Structure of the Courts

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

6. What is the purpose of magistrate courts?

Learning Objective: 9-3: Describe the typical structure of the state and federal court systems.

REF: Cognitive Domain: Comprehension

Answer Location: Magistrate Courts

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

7. What is the jurisdiction of the U.S. federal court system?

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Knowledge

Answer Location: The Federal Court System

Difficulty Level: Easy

8. What is the composition of the U.S. Supreme Court, and how are the justices appointed?

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Knowledge

Answer Location: Supreme Court

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

9. Select two court actors, and describe their role in the courtroom.

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Courtroom Participants and Their Duties

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

10. Describe the court process from arrest to arraignment.

Learning Objective: 9-6:

Answer Location: Stages of a Criminal Court Case

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

Essay

1. What is the difference between general jurisdiction and limited jurisdiction?

Learning Objective: 9-2: Identify the different types of jurisdiction that impact how courts hear cases.

REF: Cognitive Domain: Comprehension

Answer Location: Subject Matter Jurisdiction

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

2. Argue for the best method of selecting judges. Include two other methods of selecting state judges.

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Analysis

Answer Location: Judicial Selection of State Trial Court Judges

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

3. What guidance is provided for prosecutors by the American Bar Association Model Rules of Professional Conduct?

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Analysis

Answer Location: Ethical Challenges for Prosecutors

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

4. Explain prosecutorial misconduct and provide an example.

Learning Objective: 9-4: Discuss the various actors in the court system and their duties.

REF: Cognitive Domain: Comprehension

Answer Location: Ethical Challenges for Prosecutors

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

5. Describe the process of a criminal trial.

Learning Objective: 9-6: Explain how a case moves throughout the trial process.

REF: Cognitive Domain: Analysis

Answer Location: Trial

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.