Quiz 9: The Courts: Structure and Participants

Because the states wanted to retain significant legislative authority and judicial autonomy,the United States has a(n)________ system. A)appellate court B)dual-court C)multi-court D)autonomous court

Courts that have the authority to review a decision made by a lower court are said to have ________ jurisdiction. A)original B)oversight C)mandatory D)appellate

Which of the following refers to the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts? A)Appellate jurisdiction B)Overlapping jurisdiction C)Original jurisdiction D)Limited jurisdiction

Which of the following is not part of the court structure developed by states following the federal model? A)Appellate courts B)Trial courts of limited jurisdiction C)Trial de novo courts D)Trial courts of general jurisdiction

The TV court show Judge Judy is an example of which type of court? A)Appellate courts B)Trial courts of limited jurisdiction C)Trial de novo courts D)Trial courts of general jurisdiction

A trial de novo occurs when A)a new case is brought before the court for the first time. B)a case is retried on appeal. C)a case that lost on appeal is brought before another court. D)a state case is moved to federal court.

Which of the following provides the first appellate level for courts of limited jurisdiction? A)Courts of last resort B)Trial courts of general jurisdiction C)Intermediate appellate courts D)District courts

While Bob was studying in the library,his wallet was stolen.When the person who stole his wallet was caught,Bob opted to resolve the case informally at a ________ staffed by volunteer mediators. A)community court B)criminal justice center C)dispute-resolution center D)deferral court

A ________ is a low-level court that focuses on quality-of-life crimes eroding neighborhood morale and is an official component of the formal criminal justice system. A)specialized court B)community court C)court of last resort D)dispute resolution center

________ created the federal court system. A)Article III,Section 1 of the U.S.Constitution. B)The Judiciary Act of 1789 C)The Bill of Rights D)President George Washington

Which of the following is not one of the three levels of the federal judiciary? A)U.S.courts of appeal B)U.S.district courts C)U.S.specialized courts D)U.S.Supreme Court

The U.S.District Courts are the A)trial courts for the federal system. B)appellate courts for the federal system. C)courts of last resort for the federal system. D)civil courts for the federal system.

How are federal district court judges selected? A)They are elected by a popular vote. B)They are appointed by Congress with the approval of the President. C)They are appointed by the President with the consent of the Senate. D)They are chosen by sitting federal judges.

________ appeals to federal appellate courts involve major questions of law and policy where there is considerable professional disagreement among the courts. A)Nonconsensual B)Procedural C)Ritualistic D)Frivolous

What does the power of judicial review allow the Supreme Court to do? A)Expand the scope of its original jurisdiction in state-level cases. B)Review and approve the structure of state court systems. C)Review lower-court decisions and state and federal statutes. D)Conduct trials in federal cases when it considers the issue to warrant it.

In which U.S.Supreme Court case was the Court's authority as the final interpreter of the U.S.Constitution established? A)Sell v.U.S. B)U.S.v.Hazzard C)U.S.v.Montalvo-Murillo D)Marbury v.Madison

Which of the following is not a member of the courtroom work group? A)Judge B)Jury member C)Public defender D)Bailiff

The judge A)is responsible for presenting the state's case against the defendant. B)determines what charge to bring against a suspect. C)holds ultimate authority in ruling on matters of law. D)is responsible for testing the strength of the prosecution's case.

What is the Missouri Plan? A)A method of judicial selection based on merit B)A plan for restructuring state courts systems to increase efficiency and reduce case backlog C)A proposed method for increasing the effectiveness of court-appointed counsel D)A guide to jury reform

Deciding what charges are to be brought against a defendant is an example of ________ discretion. A)judicial B)prosecutorial C)probational D)voluntary

________ is information having a tendency to clear a person of guilt or blame. A)Exculpatory evidence B)Direct evidence C)Fruit of the poisonous tree evidence D)Real evidence

George has been accused of multiple crimes.Why would the prosecutor want to try George separately on each charge? A)Trying charges separately would save the state considerable time and money. B)Trying charges separately would allow the prosecutor to present a complete sequence of all criminal events. C)Trying charges separately would allow another trial on a new charge if George is found not guilty at a trial. D)Trying charges separately would let the prosecutor present a considerable amount of evidence at trial.

The duties of the defense counsel do not include A)serving as a quasi-legal advisor to the police. B)testing the strength of the prosecution's case. C)taking part in plea negotiations. D)ensuring the defendant's civil rights are not violated.

A defendant who is not indigent and who can afford private attorney fees will have which type of defense attorney? A)A public defender B)Retained counsel C)Assigned counsel D)Court appointed counsel

Mario is a criminal attorney with a private practice.He has been appointed by the court to serve as a defense attorney for an indigent defendant and receives a fee from the court that is set by the state government.Mario is a(n)________ counsel. A)assigned B)opposing C)public D)private

Which type of indigent defense involves the use of full-time salaried state employees? A)Private counsel programs B)Contract attorney programs C)Assigned counsel D)Public defender programs

The ________keeps order in the courtroom and announces the judge's entry to the courtroom. A)court recorder B)bailiff C)clerk of court D)court administrator

The role of the ________ is to create a record of all that occurs during a trial. A)clerk of court B)court administrator C)court reporter D)bailiff

The clerk of court is responsible for A)ensuring order in the courtroom during a trial. B)creating a record of everything that occurs at a trial. C)providing uniform court management. D)summoning members of the public for jury duty.

An eyewitness who saw a crime being committed is an example of a(n)________ witness A)hostile B)known C)lay D)expert

A(n)________ provides information about the personality,family life,and business acumen of the defendant in an effort to show that the defendant is not the kind of person who would commit the crime with which he or she is charged? A)character witness B)secure witness C)eyewitness D)expert witness

A subpoena A)orders the sheriff to make an arrest. B)is issued by a bailiff. C)results in a trial de novo. D)is a written order requiring an individual to appear in court.

Which of the following individuals would probably not be required to serve on a jury? A)An elementary school teacher B)A physician C)A naturalized U.S.citizen D)A professional athlete

Who is often considered a "forgotten" person in the courtroom? A)The victim B)The defendant C)The judge D)The bailiff

In which of the following does the defendant exercise choice in the court process? A)Deciding what charges will be brought B)Deciding what plea to enter C)Selecting which form of indigent defense will be provided D)Deciding whether to be tried in absentia

The dual court system allows the states to retain a significant amount of judicial autonomy.

Under the dual court system,state courts may hear cases involving alleged violations of federal law.

A court with original jurisdiction has the lawful authority to review a decision made by a lower court.

The same court can have both original and appellate jurisdiction.

The framework used by state trial courts of general jurisdiction is the adversarial process.

The court of last resort is the court authorized by law to hear the final appeal on a matter.

Most convictions are reversed on appeal to a higher court.

Defendants who were tried in a state court system may have the option of appealing to the U.S.Supreme Court.

According to the Supreme Court,a federal court must order a new state trial if new evidence of the defendant's innocence is uncovered.

Dispute resolution centers are official components of the formal criminal justice system.

A domestic violence court is an example of a problem-solving court.

At the federal level,a case will generally start out in the U.S.circuit courts.

The U.S.courts of appeals have mandatory jurisdiction over district court decisions.

The U.S.Court of Appeals has the power of judicial review over lower-court decisions.

At least four U.S.Supreme Court justices must vote in favor of a hearing for a case to be heard.

Jurors are members of the courtroom work group.

The primary duty of the judge is to ensure justice.

The Missouri Plan is designed to reform prosecutorial discretion.

A prosecutor exercises prosecutorial discretion when deciding which witnesses to call for trial.

The prosecutor's job essentially ends with a finding of guilt or innocence.

An indigent suspect charged with a crime that could involve a sentence of imprisonment has the constitutional right to be represented by counsel.

Assigned counsel are full-time state employees who represent indigent defendants.

A defendant is not required to be represented by an attorney at trial.

A defense attorney who violates client confidentiality to prevent a serious violent crime from occurring may be subject to penalties under state codes of professional conduct.

It is the responsibility of the clerk of court to keep order in the courtroom and control access to members of the jury.

The reports of the court recorder are the basis for appellate review.

The Daubert standard is used to determine if scientific evidence is admissible in criminal court.

Lay witnesses may express opinions and draw conclusions in their testimony.

A victim may be a lay witness.

Victim assistance programs provide services to witnesses.

In most jurisdictions,non-citizens may serve on a jury if they have been legal residents of the U.S.for a specified minimum period of time.

The "golden age" of the crime victim refers to a time during the Middle Ages when victims played a central role in trial and sentencing proceedings.

In most cases,defendants must be present at trial.

A change of venue involves postponing the date of a trial to allow emotions to cool,as a way of ensuring a fair trial and an impartial jury.

By law and judicial precedent,television cameras are permitted in all state and federal courtrooms.

A court's ________ is the territory,subject matter,or people over which that court may exercise authority.

In a typical three-tiered court structure,the lowest court is a(n)________.

A(n)________ is a new trial held in superior court for a defendant whose case originated in a lower court.

Trial courts of general jurisdiction operate within a framework known as the ________ process.

The operational functions of most state court systems are managed by a(n)________.

________ courts are low-level courts that focus on quality-of-life crimes that erode a neighborhood's morale.

________ are the federal trial courts.

________ appeals brought before the U.S.courts of appeals are brought mainly because of the demands of litigants and the probability that the decision of the lower court will be reversed is negligible.

The power of the Supreme Court to act as the final interpreter of the U.S.Constitution is known as ________.

The ________ has the primary duty of ensuring justice

The ________ for judicial selection combines elements of both election and appointment.

A prosecutor who chooses to accept a plea bargain is exercising ________

________ is any information having a tendency to clear a person of guilt or blame.

A private attorney who is hired by the defendant is known as ________ counsel.

The ________ is responsible for the order and security of the courtroom.

The ________ is a test used to determine whether scientific evidence may be introduced at trial.

A(n)________ is a written document notifying witnesses that they are required to appear in court to testify.

In most states,a jury is composed of ________ people.

The ________ is often the forgotten person in the courtroom.

The movement of a trial or lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction is known as change of ________.

Match the type of jurisdiction with its definition. A)The right of a court to hear all issues not delegated to lower courts. B)Requires a court to hear cases brought to it C)The lawful authority of a court to review a decision made by a lower court. D)The lawful authority of a court to hear a case from the beginning and to pass judgment on the law and facts. E)Gives a court jurisdiction over a restricted range of less serious cases -Mandatory jurisdiction

Match the type of jurisdiction with its definition. A)The right of a court to hear all issues not delegated to lower courts. B)Requires a court to hear cases brought to it C)The lawful authority of a court to review a decision made by a lower court. D)The lawful authority of a court to hear a case from the beginning and to pass judgment on the law and facts. E)Gives a court jurisdiction over a restricted range of less serious cases -Original jurisdiction

Match the type of jurisdiction with its definition. A)The right of a court to hear all issues not delegated to lower courts. B)Requires a court to hear cases brought to it C)The lawful authority of a court to review a decision made by a lower court. D)The lawful authority of a court to hear a case from the beginning and to pass judgment on the law and facts. E)Gives a court jurisdiction over a restricted range of less serious cases -Appellate jurisdiction

Match the type of jurisdiction with its definition. A)The right of a court to hear all issues not delegated to lower courts. B)Requires a court to hear cases brought to it C)The lawful authority of a court to review a decision made by a lower court. D)The lawful authority of a court to hear a case from the beginning and to pass judgment on the law and facts. E)Gives a court jurisdiction over a restricted range of less serious cases -Limited jurisdiction

Match the type of jurisdiction with its definition. A)The right of a court to hear all issues not delegated to lower courts. B)Requires a court to hear cases brought to it C)The lawful authority of a court to review a decision made by a lower court. D)The lawful authority of a court to hear a case from the beginning and to pass judgment on the law and facts. E)Gives a court jurisdiction over a restricted range of less serious cases -General jurisdiction

Match the courtroom participant with their category. A)Member of the courtroom work group B)Nonprofessional courtroom participant -Public defender

Match the courtroom participant with their category. A)Member of the courtroom work group B)Nonprofessional courtroom participant -Lay witness

Match the courtroom participant with their category. A)Member of the courtroom work group B)Nonprofessional courtroom participant -Juror

Match the courtroom participant with their category. A)Member of the courtroom work group B)Nonprofessional courtroom participant -Clerk of court

Match the courtroom participant with their category. A)Member of the courtroom work group B)Nonprofessional courtroom participant -Bailiff

Match the courtroom participant with their category. A)Member of the courtroom work group B)Nonprofessional courtroom participant -Defendant

Match the courtroom participant with their category. A)Member of the courtroom work group B)Nonprofessional courtroom participant -Expert witness

Match the courtroom participant with their category. A)Member of the courtroom work group B)Nonprofessional courtroom participant -Victim

Match the courtroom participant with their category. A)Member of the courtroom work group B)Nonprofessional courtroom participant -Member of the press

Match the courtroom participant with their category. A)Member of the courtroom work group B)Nonprofessional courtroom participant -Court reporter

Match the member of the courtroom work group with his or her duty or responsibility. A)Announce the entrance of the judge B)Present the state's case against the defendant C)Ensure justice D)Maintain all records of criminal cases E)Provide uniform court management F)Create a record of everything that occurs during a trial G)Ensure the defendant's civil rights are not violated during criminal justice system processing -Defense counsel

Match the member of the courtroom work group with his or her duty or responsibility. A)Announce the entrance of the judge B)Present the state's case against the defendant C)Ensure justice D)Maintain all records of criminal cases E)Provide uniform court management F)Create a record of everything that occurs during a trial G)Ensure the defendant's civil rights are not violated during criminal justice system processing -Trail court administrator

Match the member of the courtroom work group with his or her duty or responsibility. A)Announce the entrance of the judge B)Present the state's case against the defendant C)Ensure justice D)Maintain all records of criminal cases E)Provide uniform court management F)Create a record of everything that occurs during a trial G)Ensure the defendant's civil rights are not violated during criminal justice system processing -Court reporter

Match the member of the courtroom work group with his or her duty or responsibility. A)Announce the entrance of the judge B)Present the state's case against the defendant C)Ensure justice D)Maintain all records of criminal cases E)Provide uniform court management F)Create a record of everything that occurs during a trial G)Ensure the defendant's civil rights are not violated during criminal justice system processing -Clerk of court

Match the member of the courtroom work group with his or her duty or responsibility. A)Announce the entrance of the judge B)Present the state's case against the defendant C)Ensure justice D)Maintain all records of criminal cases E)Provide uniform court management F)Create a record of everything that occurs during a trial G)Ensure the defendant's civil rights are not violated during criminal justice system processing -Bailiff

Match the member of the courtroom work group with his or her duty or responsibility. A)Announce the entrance of the judge B)Present the state's case against the defendant C)Ensure justice D)Maintain all records of criminal cases E)Provide uniform court management F)Create a record of everything that occurs during a trial G)Ensure the defendant's civil rights are not violated during criminal justice system processing -Judge

Match the member of the courtroom work group with his or her duty or responsibility. A)Announce the entrance of the judge B)Present the state's case against the defendant C)Ensure justice D)Maintain all records of criminal cases E)Provide uniform court management F)Create a record of everything that occurs during a trial G)Ensure the defendant's civil rights are not violated during criminal justice system processing -Prosecutor

Explain the dual court system and why it developed.

Define dispute-resolution centers,community courts,and problem-solving courts,including an explanation of the focus of each.

Identify the three levels of the federal court system and explain the jurisdiction and role of each.

List and define three areas of prosecutorial discretion and discuss the benefits and pitfalls of each area.

Explain the three systems that states use to deliver legal services to indigent criminal defendants,and the pros and cons of each.

In what ways might press reports and news coverage create problems for the criminal justice system and be damaging to the objective outcome of a criminal trial? What methods do judges have deal with the media to ensure the defendant receives a fair trial and an impartial jury?

Explain the two sets of goals that motivate most problem-solving court programs.How might these goals conflict with each other? Which do you think should take priority in case of conflicts? Explain your views.

Discuss the two ways in which state judges are selected.Which method do you prefer and why? Do you agree with the Missouri Plan? Why or why not? Support your response.What other method might be used to select judges that could avoid some of the problems of the current systems?

Compare and contrast the roles of the courtroom work group with those of nonprofessional courtroom participants.Analyze how they work together to ensure a successful completion to a case before the court.Do their individual roles intertwine to make the system work?

Discuss the legality of allowing still,video,and television cameras in courtrooms in the U.S.What impact might audio and video recordings of court proceedings have on the ability of the court to provide a fair trial? Do you think that court proceedings should be televised,photographed,or recorded in any way? Why or why not? Explain and support your views.