1. The court’s legitimacy is based on two factors: impartiality and:
a. independence. b. the judge’s prerogative.
c. jurisdiction. d. the statutes.
2. The function of the court is concerned with speed and efficiency.
a. due process b. crime control
c. rehabilitation d. bureaucratic
3. The function of the court is concerned with protecting the rights of individual citizens against the
power of the state.
a. due process b. crime control
c. rehabilitation d. bureaucratic
4. The of the court is based on the medical model.
a. rehabilitative function
b. bureaucratic function
c. due process function
d. treatment function
5. Constitutional guarantees, such as the right to counsel, the right to a jury trial, and protection from self–incrimination,
are part of which function?
a. crime control
b. due process
c. bureaucratic
d. public protection
6. The United States has different judicial systems.
a. 2 b. 3
c. 50 d. 52
7. The power of the law is known as:
a. adjudication. b. the judge’s prerogative.
c. jurisdiction. d. the statutes.
8. The principles of states that crimes, such as genocide, can be prosecuted by any
nation having custody of the wrongdoer.
a. general jurisdiction
b. subject-matter jurisdiction
c. extradition
d. universal jurisdiction
9. Which courts handle misdemeanors and some civil matters?
a. courts of general jurisdiction b. courts of limited jurisdiction
c. courts of unlimited jurisdiction d. felony courts
10. Almost every case begins in a:
a. federal court.
b. county court.
c. trial court.
d. court of special jurisdiction.
11. Courts having original jurisdiction are courts of the first instance, or:
a. appellate courts. b. jurisdiction courts.
c. state supreme courts. d. trial courts.
12. Which of the following is NOT a decision made by appellate court judges?
a. whether there should be a retrial or additional charges
b. whether a lower court decision should be reversed and remanded
c. whether a lower court decision of the case should stand
d. whether a case should be reviewed by the lower court
13. Which of the following courts is primarily a “reviewer” of decisions?
a. appellate courts b. jurisdictional courts
c. original jurisdiction courts d. trial courts
14. Appellate courts:
a. hear cases de novo.
b. determine the defendant’s guilt or innocence.
c. determine questions of fact.
d. determine questions of law.
15. Statements in which judges express the reasons for the court’s decision in a case are:
a. verdicts. b. opinions.
c. recommendations. d. oral arguments.
16. The lowest tier of the federal court system is the:
a. county court. b. U.S. court of appeals.
c. municipal court,. d. U.S. district court.
17. A public civil officer or official with limited judicial authority within a particular geographic area, such as the
authority to issue an arrest warrant, is:
a. a judge. b. a police officer.
c. a magistrate. d. a public prosecutor.
18. Drug courts, juvenile courts, domestic courts, and elder courts are all examples of:
a. municipal courts. b. probate courts.
c. specialty courts. d. trial courts of general jurisdiction.
19. Lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or
domestic violence, are called:
a. problem-solving courts.
b. courts of limited jurisdiction.
c. courts of general jurisdiction.
d. trial courts.
20. IIn the federal court system, there are U.S. courts of appeals, also referred to as U.S. circuit courts of
appeals.
a. 10 b. 7
c. 16 d. 13
21. The U.S. Supreme Court consists of justices.
a. 7 b. 8
c. 9 d. 10
22. The U.S. Supreme Court orders a lower court to send it the record of a case for review. This is done with a:
a. subpoena. b. writ of habeas corpus.
c. writ of duces tecum. d. writ of certiorari.
23. The The U.S. Supreme Court will not issue a writ of certiorari unless at least justices approve of it.
a. 2 b. 4
c. 6 d. 9
24. A opinion is a separate opinion prepared by judges who support the decision of the majority of the court but
who want to express their own particular reasoning.
a. concurring b. dissenting
c. duces tecum d. writ of certiorari
25. The lowest tier of the federal court system is the:
a. specialty courts.
b. appellate courts.
c. district courts.
d. Supreme Court.
26. During the pretrial, the takes on the role of the referee.
a. defense attorney b. judge
c. prosecutor d. public defender
27. What is the title of the list of cases entered on a court’s calendar and thus scheduled to be heard by the court?
a. arraignment b. court calendar
c. docket d. writ of certiorari
28. An election where a political party, such as the Republicans or Democrats, openly support a candidate for a
judgeship is known as a(n):
a. nonpartisan election. b. open election.
c. partisan election. d. primary election.
29. In the courtroom workgroup, who is responsible for maintaining security and order in the judge’s chambers and in
the courtroom?
a. bailiff b. clerk of court
c. court reporter d. prosecutor
30. In the courtroom workgroup, who is responsible for recording every word that is said during the course of trial?
a. bailiff b. clerk of court
c. court reporter d. prosecutor
31. In the courtroom workgroup, who is responsible for maintaining the large amount of paperwork generated during a
trial, including transcripts, photographs, evidence, and any other records?
a. bailiff b. clerk of court
c. court reporter d. prosecutor
32. During the pretrial process, the holds a great deal of discretion as to whether an individual who has been
arrested by the police will be charged.
a. defense attorney b. judge
c. public defender d. public prosecutor
33. Of the courtroom workgroup, who relies on the police to arrest suspects and gather sufficient evidence?
a. defense attorney b. judge
c. public defender d. prosecutor
34. The is the chief law officer of a state and also the chief law officer of the nation.
a. attorney general b. court justice
c. judge d. public prosecutor
35. The level of charge to be brought against a suspect is determined by the:
a. judge. b. jury.
c. arresting officer. d. prosecutor.
36. The primary responsibility of the is to represent the defendant at various stages of the custodial process, such
as arrest, interrogation, lineup, and arraignment.
a. court justice b. defense attorney
c. judge d. public prosecutor
37. Which amendment provides for the right to counsel?
a. the Fourth Amendment b. the Fifth Amendment
c. the Sixth Amendment d. the Eighth Amendment
38. The Supreme Court unanimously held that “any person brought to court, who is too poor to hire a lawyer, cannot be
assured a fair trial unless counsel is provided for him.” This case was:
a. Furman v. Georgia. b. Gideon v. Wainwright.
c. Strickland v. Washington. d. United States v. Zolin.
39. About % of all criminal defendants in the United States are represented by public defenders or other appointed
counsel.
a. 50 b. 75
c. 90 d. 95
40. Attorney-client privilege does not apply when:
a. the client provides information on a crime that he or she plans to commit.
b. the client admits to a past offense.
c. the client admits to murder.
d. the client admits to particularly heinous crimes including torture.
41. After the police arrested Jack, they brought him to the county jail to be booked. Who is responsible for deciding
whether he will be charged with a crime?
a. attorney general
b. defense attorney
c. judge
d. prosecutor
42. Which function of the court would view Jack as sick, not evil, and in need of treatment?
a. the crime control function
b. the due process function
c. the bureaucratic function
d. the rehabilitation function
43. Which court would most likely have the jurisdiction to try this case?
a. courts of general jurisdiction
b. courts of limited jurisdiction
c. intermediate appellate courts
d. state supreme court
44. Jack is considered indigent, which means he is not able to afford an attorney for his criminal case. Who will most
likely represent Jack in his court proceedings?
a. attorney general
b. public defender
c. private attorney
d. prosecutor
45. Jack is concerned that because he cannot afford a high-priced criminal defense attorney, he will not have a chance
in his trial. Which of the following statements summarizes the effectiveness of publicly funded counsel compared to
private counsel?
a. Conviction rates of defendants with private counsel are lower than those represented by publicly funded
attorneys.
b. Conviction rates of defendants with private counsel are higher than those represented by publicly funded
attorneys.
c. Conviction rates of defendants with private counsel and those represented by publicly funded attorneys are
generally the same.
d. A higher percentage of defendants with public defenders are placed on probation.
Case 7-2
Barney was sentenced to a term of life in prison after he was found guilty of an armed home invasion robbery.
There are many issues that occurred during his trial that he wants to appeal. First, he was a juvenile when arrested
and charged for the home invasion robbery. The juvenile judge dismissed the charges against Barney because the
victim stated that Barney was not the offender. The prosecutors decided to file Barney’s case in the adult criminal
court system. This clearly is a violation of the protection against double jeopardy. Also, Barney was not given an
attorney until he was charged as an adult.
46. The issues of double jeopardy and representation by an attorney would be appealable because they are considered
to be:
a. questions of fact.
b. questions of guilt.
c. questions of innocence.
d. questions of law.
47. Barney’s case was first adjudicated in the specialty court known as a juvenile court. Which of the following is also
considered to be a specialty court?
a. drug court
b. municipal court
c. probate court
d. supreme court
48. After Barney’s conviction in the state’s trial court of general jurisdiction, where would Barney most likely file his
first appeal?
a. U.S. district courts
b. U.S. courts of appeals
c. intermediate appellate courts
d. state supreme court
49. Barney is unsuccessful with his first few appeals. His appellate lawyers determined that there has been a major
injustice in Barney’s case and are determined to take his case all the way to the U.S. Supreme Court. His lawyers
petitioned the U.S. Supreme Court to issue a(n) , so they will request the lower courts for the
record of the case.
a. bill of attainder
b. ex post fact
c. writ of certiorari
d. writ of habeas corpus
50. For Barney’s case to actually be heard by the entire U.S. Supreme Court, how many justices must approve of the
decision to hear his case?
a. 2
b. 4
c. 6
d. 8
51. The due process function emphasizes punishment and retribution.
a. True
b. False
52. The United States does not have a single judicial system, but 52 different systems—one for each state, the District
of Columbia, and the federal government.
a. True
b. False
53. In the current criminal justice system, each party involved in a courtroom dispute has an equal chance to present its
case and is secure in the belief that no outside factors are going to influence the decision rendered by the court.
a. True
b. False
54. Criminal jurisdiction is determined by legislation.
a. True
b. False
55. The U.S. military has jurisdiction over active personnel who commit crimes, even if those crimes occur outside the
course of duty.
a. True
b. False
56. Trial courts are primarily concerned with questions of law.
a. True
b. False
57. An appellate court will rarely question a jury’s decision; instead, the appellate judges will review the manner in
which the facts and evidence were provided to the jury, and rule on whether errors were made in the process.
a. True
b. False
58. Every state has at least one court of appeals (known as an appellate, or reviewing, court).
a. True
b. False
59. Domestic courts and mental health courts are considered to be specialty courts.
a. True
b. False
60. In the federal court system, there are nine U.S. courts of appeals.
a. True
b. False
61. Minor criminal matters, such as traffic violations, prostitution, and drunk and disorderly conduct, are typically
handled in courts with limited jurisdiction.
a. True
b. False