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1. Discussions between defense counsel and prosecution in which the accused agrees to plead guilty in exchange for
certain considerations, such as reduced changes, is referred to as:
a.
Plea bargaining.
b.
Imploration requesting.
c.
Declaration of entreaty.
d.
Intermediate sanctioning.
2. Misdemeanor courts and municipal courts are examples of:
a.
Courts of appeal.
b.
Specialty courts.
c.
Courts of limited jurisdiction.
d.
Drug courts.
3. A court that has primary jurisdiction over specific types of offenses and that operates differently than a traditional
criminal courts is referred to as a:
a.
Drug court.
b.
Court of last resort.
c.
Specialized court.
d.
Court of limited jurisdiction.
4. A state or federal court that has jurisdictions over felonies is referred to as a:
a.
Court of limited jurisdiction
b.
Court of federal jurisdiction
c.
Court of general jurisdiction
d.
Court of appeals
5. Criminal appeals represent about what percentage of the total number of cases processed by the nation’s appellate
courts?
a.
10%
b.
25%
c.
50%
d.
75%
6. Which of the following would not fall under the purview of a court of general jurisdiction?
a.
Rape
b.
Civil case with damages over $15,000
c.
Simple assault
d.
Review of a case on appeal from a court of limited jurisdiction
7. Courts that have jurisdiction over cases involving violations of federal laws, including civil rights abuses, interstate
transportation of stolen property, and kidnappings are called:
a.
U.S. interstate courts.
b.
U.S. district courts.
c.
U.S. courts of last resort.
d.
U.S. appellate courts.
8. U.S. District Courts are comprised of how many independent courts, which were first organized by the Judicial Act of
1789?
a.
9
b.
50
c.
94
d.
107
9. Which of the following would be handled by the U.S. District Courts?
a.
Review of a state appellate court case on substantive issues
b.
Review of a federal appellate court case on substantive issues
c.
Civil rights abuse
d.
Cases involving military personnel or veterans’ appeals
10. In which case did the Court reaffirm the legitimacy of its jurisdiction over state court decisions when such courts
handled issues of federal or constitutional law?
a.
Martin v. Hunter’s Lessee (1816)
b.
Georgia Diagnostic v. Davis (1901)
c.
Burgoyne v. Butler (2002)
d.
Plessy v. Ferguson (1872)
11. An order of a superior court requesting that a record of an inferior court be brought forward for review or inspection is
a:
a.
Writ of habeas corpus,
b.
Writ of certiorari,
c.
Writ of lottare,
d.
Writ of Hammurabi’s Code,
12. The senior officer in a court of law, who is authorized to hear and decide cases is the:
a.
Prosecutor.
b.
Judge.
c.
Appellate judge.
d.
Ombudsman.
13. Which of the following typically is not a qualification of a potential judge in most states?
a.
Over 25 years of age
b.
A member of the bar association
c.
Resident of the state
d.
Has practiced law for at least 10 years
14. Which is a method of judicial selection that combines a judicial nominating commission, executive appointment, and
nonpartisan confirmation elections?
a.
Missouri Plan
b.
Mark English Plan
c.
Dispute resolution
d.
Concept summary plan
15. Which is a process of dispute resolution in which a neutral third party renders a decision after a hearing at which both
parties agree to be heard?
a.
Arbitration
b.
Dispute resolution
c.
Merit selection
d.
Circle sentencing
16. Which of the following is not a primary reason shown to affect judges’ decisions according to the text?
a.
Attitudes and ideology
b.
Gender
c.
Pay scale
d.
Reelection
17. An appointed elected member of the practicing bar who is responsible for bringing the state’s case against the accused
is the:
a.
Defendant.
b.
Prosecutor.
c.
Magistrate.
d.
Defense attorney.
18. Which is the county prosecutor who is charged with bringing offenders to justice and enforcing the criminal laws of
the state?
a.
U.S. attorney general
b.
Chief legal officer
c.
District attorney
d.
State investigative attorney
19. A prosecutorial philosophy that emphasizes support and cooperation from various agencies for preventing crime, as
well as a less centralized and more proactive role for local prosecutors is:
a.
Municipal prosecution.
b.
Community prosecution.
c.
Unrestricted prosecution.
d.
Private prosecution.
20. A group of citizens chosen to hear charges against a person accused of a crime and to determine whether there is
sufficient evidence to proceed to trial is a:
a.
Civil jury.
b.
Grand jury.
c.
Prosecutorial jury.
d.
Pretrial jury.
21. The use of an alternative to trial, such as referral to a treatment or employment programs is called:
a.
Diversion.
b.
Discretion.
c.
Intermediate referral.
d.
Vicarious victimization.
22. Which of the following is not one of the four primary factors linked to prosecutorial decision making?
a.
System factors
b.
Case factors
c.
Disposition factors
d.
Situational factors
23. The most common sanction for overzealous prosecutors in the United States is:
a.
Being disbarred.
b.
Reprimand/censure.
c.
Prison time.
d.
Fines.
24. Which is the legal counsel in a criminal case who represents the accused person from arrest to appeal?
a.
Prosecutor
b.
Defense attorney
c.
Ombudsman
d.
Advocate administrator
25. Which court case guarantees the accused the right to counsel when in custody and thereafter?
a.
Weeks v. Illinois
b.
Miranda v. Arizona
c.
Bell v. VMI
d.
Takasugi v. Washington
26. A traffic ticket would likely be handled in which state court?
a.
Court of special jurisdiction
b.
Court of general jurisdiction
c.
Court of minimal jurisdiction
d.
Court of limited jurisdiction
27. A felony charge would likely be handled in which state court?
a.
Court of special jurisdiction
b.
Court of general jurisdiction
c.
Court of minimal jurisdiction
d.
Court of limited jurisdiction
28. How many states have two intermediate appellate courts?
a.
2
b.
3
c.
4
d.
5
29. All of the following are reasons for court congestion as presented in the text except:
a.
Rapid population increases in some areas.
b.
More aggressive policing tactics that target minor offenses such as panhandling.
c.
The crime rate, which is always on the rise.
d.
Legal reforms and new laws.
30. Who is responsible for delivering jury instructions?
a.
Judge
b.
Prosecutor
c.
Defense attorney
d.
Bailiff
31. A prosecutor is ready to proceed with a case but decides not to because, upon further investigation, he finds that the
police conducted an illegal search. What would be the rationale for this dismissal?
a.
Interests of justice
b.
Pretrial diversion
c.
Due process problem
d.
Referral
32. A prosecutor is ready to proceed with a case but decides not to because, upon further investigation, he finds that even
though the act committed by the defendant was illegal, it was minor and no one was hurt. What would be the rationale for
this dismissal?
a.
Interests of justice.
b.
Pretrial diversion.
c.
Due process problem.
d.
Referral.
33. A prosecutor is ready to proceed with a simple drug possession case but decides not to because the defendant agrees to
go to into a rehabilitation program. What would be the rationale for this dismissal?
a.
Interests of justice
b.
Pretrial diversion
c.
Due process problem
d.
Referral
34. Which of the following are factors that may influence prosecutorial decision making?
a.
Court backlog
b.
Strength of the evidence
c.
Preference for treatment over punishment
d.
All of the above
CASE 9.1
Martha “Shuffles” Hershey is arrested for soliciting prostitution from a minor, a 17-year-old male in her small
beach resort villa and kidnapping (transportation of a minor across state lines). Having paid the minor for sexual
favors, she escorted him across state lines. At the time, Martha was 47 years old and had two kids; her husband
had recently divorced her because of infidelity. Given this basic information of the case, answer the following
questions.
35. If the court ordered Ms. Hershey and others (witnesses) to appear in court, they would be notified by what document
specifying the date and time of the hearing?
a.
Writ of certiorari
b.
Subpoena
c.
Banding document
d.
Warrant
36. Knowing what you know about the case, which system would most likely handle the case?
a.
Juvenile court because of the age of the victim
b.
State specialized court because of the nature of the crime
c.
Federal district court because of the nature of the crime
d.
Supreme Court because of the seriousness of the crime
37. Assuming Ms. Hershey was found guilty and her lawyer appeals the ruling because of a judicial misinterpretation of
the law, which court would hear the appeal first?
a.
Supreme Court
b.
U.S. circuit court
c.
U.S. court of last resort
d.
U.S. court of petitions
CASE 9.2
Assume that the United States is on the verge of passing mass immigration reform laws that mandate the granting
of immediate citizenship to all illegal aliens, of any nationality, at the start of the new year. The legality of the case
was heard in federal court and is now in the hands of the Supreme Court. Given this information, answer the
following questions.
38. How many justices must agree that the matter is worth the Supreme Court’s hearing it before the case will come
before the court?
a.
3
b.
4
c.
5
d.
All members must agree
39. In order for the Supreme Court to hear the case, it must first request a record of the inferior court be brought forth in a
process called:
a.
A writ of certiorari.
b.
A habeas corpus.
c.
Male in se document.
d.
Dissenting opinion.
CASE 9.3
Donald Reed, a Vietnam Veteran and former engineer, was arrested for possession of marijuana and resisting
arrest after officers found him smoking the drug under a bridge overpass in Cincinnati, Ohio. Mr. Reed is
currently unemployed and is homeless after divorcing his wife in 1999 and losing his job in 2006. Given this
information, answer the following questions.
40. Mr. Reed would be considered which of the following because he does have the funds necessary to hire an attorney on
his own?
a.
Problem offender.
b.
Indigent offender.
c.
Contract offender.
d.
Assigned offender.
41. The right to an attorney for those who are unable to afford one was made law by the Supreme Court in 1963; in what
year was the law expanded to include any crime, felony, or misdemeanor for which jail/prison time was an option?
a.
1966
b.
1973
c.
1980
d.
1991
42. If it was later determined that Mr. Reed or another party was to pay a partial or full amount back to the attorney or
organization representing him, this would be called:
a.
Indigent referral.
b.
Recoupment.
c.
Reconciliation.
d.
Recompensement.
43. Courts of general jurisdiction may be responsible for reviewing cases on appeal from courts of limited jurisdiction.
a.
True
b.
False
44. One difficulty with “courts of last resort” on the state level is that only forty-two states and the District of Columbia
have courts of last resort, with eight states maintaining a checks and balance system only.
a.
True
b.
False
45. Federal District Courts hear cases in which one state sues another.
a.
True
b.
False
46. One positive with the U.S. court system is that the number of cases, especially in limited jurisdiction courts, has been
decreasing for more than a decade.
a.
True
b.
False
47. Court clerks have a wide range of duties, most of which consist of maintaining court records; receiving, processing,
and maintaining judgments; and swearing in witnesses.
a.
True
b.
False
48. Altogether, about 90% of state trial judges will face elections of some type during their tenure on the bench.
a.
True
b.
False
49. The two common forms of alternative dispute resolution programs are arbitration and mediation.
a.
True
b.
False
50. Title 9 of the U.S. Code contains federal arbitration law.
a.
True
b.
False
51. One major difference between arbitration and mediation is that mediation is much more formal than arbitration
hearings.
a.
True
b.
False
52. Research shows that election considerations do shape judicial decision making.
a.
True
b.
False
53. U.S. Attorneys serve as the nation’s principal litigators and are appointed by the President of the United States.
a.
True
b.
False
54. The traditional prosecutorial model is problem-oriented and proactive, not case-oriented and reactive to crime.
a.
True
b.
False
55. Even if a prosecutor decides to pursue a case, the charges may later be dropped if the conditions are not favorable for a
conviction.
a.
True
b.
False
56. Often, large firms contribute the services of their newest members for legal aid to indigent defendants, meaning that
these defendants get more inexperienced and raw lawyers handing cases that could mean life or death.
a.
True
b.
False
57. The contract system requires that a block grant be given to lawyers or firms to handle indigent defense cases.
a.
True
b.
False
58. The first public defender program began in Jasper, Indiana, in 1896.
a.
True
b.
False
59. The groundwork for the federal court system can be found in the U.S. Constitution, which calls for the creation of one
Supreme Court.
a.
True
b.
False
60. Out of five thousand cases submitted to the Supreme Court annually, only about half are actually heard.
a.
True
b.
False
61. A judge’s attitudes, beliefs, and views can greatly influence other facets of the criminal justice system, including
police officers.
a.
True
b.
False
62. Thus far, empirical studies have found little evidence of consistent gender, race, or class-based bias in judges in terms
of the cases they dismiss.
a.
True
b.
False
63. The most common punishment for prosecutorial overzealousness is disbarment.
a.
True
b.
False
64. If a defense attorney knows that the client is guilty, it is still permissible for the attorney to advice the client to take the
stand and deny that he or she committed the offense.
a.
True
b.
False
65. The right to counsel as guaranteed under the Sixth Amendment extends to postconviction activities as well, including
appeal.
a.
True
b.
False
66. Studies have shown that defendants who are found guilty and were represented by public defenders are incarcerated at
higher rates than those who were found guilty while being represented by private attorneys.
a.
True
b.
False
67. The ________________ are the trial courts for the federal system.
68. The ________________ is the nation’s highest appellate body and the court of last resort.
69. An order of the superior court requesting that a record of an inferior court be brought forward for review or inspection
is called a(n) __________.
70. Providing for more judges, diversion programs, and bail reform are solutions for the problem of _______________.
71. Court delays often hinder the ________________ Amendment’s protection of a right to a speedy trial.
72. U.S. Supreme Court judges are nominated for their position by ________________.
73. The chief legal officer and prosecutor of each state and of the United States is the ________________.
74. The county prosecutor who is charged with bringing offenders to justice and enforcing the criminal laws of the state is
known as the __________________.
75. The prosecutor’s authority to decide whether to bring a case to trial or to dismiss it outright is known as
________________.
76. As an attorney, the defense attorney is obligated to uphold the Model Rules of _________________ in the defense of
a client.
77. The Fifth and __________________ Amendments guarantees of due process of law have been judicially interpreted
together to require counsel in all types of criminal proceedings.
78. Provisions of legal services to indigent defendants by private attorneys under contract to the state or county are known
as a __________________.
79. The practice by private attorneys of taking the cases of indigent offenders without fee as a service to the profession
and the community is called __________ work.
80. Some states have established courts to handle specific offenses such as gun crimes, drug crimes, and domestic
violence. These are referred to as _______________________.
81. A ______________ decision delivered by the Supreme Court is one that sets a new precedent in the law by which all
lower courts must abide.
82. The term ___________ means that a higher court agreed with a lower court’s decision and that no further action is
necessary.
83. The ___________________ is a method of judicial selection that combines a judicial nominating commission,
executive appointment, and nonpartisan confirmation election.
84. A _____________________ is a neutral third party who helps disputing parties reach an agreement, yet has no power
to impose a decision on either party.
85. _________________________ are the most common reasons for a prosecutor to dismiss a case.
86. An _________________________ defendant is one who lacks the funds to hire an attorney.
87. Discuss the rationale and benefits of specialty courts and how such courts fit into the larger structure of the state court
system.
88. Elaborate the functions of the three-tiered federal court system.
89. Describe the U.S. Supreme Court and elaborate the process through which a case is heard in this court.
90. Explain the role and functions of a judge in the U.S. court system.
91. Discuss what is meant by an alternative dispute resolution and the two main forms of dispute resolution. Also, list and
describe what is meant by a “mini-trial,” and provide examples to support your answer.
92. Judicial decision making is said to be influenced by many factors. List the three main categories in which judicial
decision making is influenced, and provide at least one example for each.
93. Define the roles of prosecutors and defense attorneys. What are their main differences and similarities, and how do
ethics and morals impact each position
94. Define what is meant by an indigent defendant. Also, describe the three means of counsel available to an indigent
defendant. What does research state about the effectiveness of appointed counsel verse privately funded counsel?
95. What are some of the ethical issues faced by defense attorneys?
