Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
63
Chapter 4
STATE COURTS
TEST BANK
MULTIPLE CHOICE
1. Which of the following is not an essential element of therapeutic jurisprudence?
a.
immediate intervention
c.
treatment programs
b.
hands-on judicial involvement
d.
adversarial adjudication
2. How many layers exist in a typical court system?
a.
Two
c.
four
b.
Three
d.
five
3. What is another name for a trial court of limited jurisdiction?
a.
inferior court
c.
superior court
b.
district court
d.
circuit court
4. Litigants in state courts are most often
a.
large and small businesses.
b.
individuals and small businesses.
c.
large businesses and governmental bodies.
d.
individuals and governmental bodies.
5. Which of the following is not a problem confronting lower courts?
a.
inadequate financing
c.
inadequate facilities
b.
unbalanced caseloads
d.
strict court procedures
6. A person cited for a misdemeanor would most likely appear before
a.
a court of limited jurisdiction.
c.
a circuit court.
b.
a court of general jurisdiction.
d.
a court of common pleas.
7. In states without intermediate appellate courts, state supreme courts
a.
have complete discretion over the cases placed on their dockets.
b.
have no power to choose which cases will be placed on their dockets.
c.
hear only civil cases.
d.
hear only criminal cases.
8. Lower courts handle what stages of felony cases?
a.
the final stages
c.
the appeal stages
b.
the intermediate stages
d.
the preliminary stages
9. What type of cases do major trial courts decide?
a.
misdemeanors
c.
traffic tickets
b.
violations
d.
felonies
10. What is the principal objective of a unified court system?
a.
centralized management
b.
local control
c.
reduced caseloads
d.
independent judges
11. What is the name of courts that use therapeutic jurisprudence?
a.
problem-solving courts
c.
supreme courts
b.
intermediate appellate courts
d.
lower courts
12. In Ewing v. California (2002), the U.S. Supreme Court what State of California law?
a.
capital punishment
b.
civil commitment for sex offenders
c.
legalized medical marijuana
d.
three strikes
13. The state court systems are most often structured in what way?
a.
locally
b.
centrally
c.
logically
d.
evenly
65
14. What event following the Civil War produced fundamental changes in the structure of the
American Judiciary?
a.
decreases in population
b.
rapid industrialization
c.
lower volumes of litigation
d.
decreases in urban populations
15. Which of the following states does not have any trial courts of limited jurisdiction?
a.
California
c.
Texas
b.
New York
d.
Ohio
16. What judges typically authorize search warrants?
a.
lower court judges
c.
appellate court judges
b.
major trial court judges
d.
supreme court judges
17. What type of panels are typically used by intermediate courts of appeals?
a.
rotating three-judge
c.
nine-judge
b.
rotating five-judge
d.
single-judge
18. Intermediate courts of appeals do which of the following?
a.
These courts carefully review evidence presented at a trial.
b.
These courts determine whether technical violations of the law were committed at
trial and release affected defendants.
c.
These courts review trial proceedings to make sure the law was followed and that
the defendant received a fair trial.
d.
All of these answers are correct.
19. Which of the following is not true of the highest state courts?
a.
All of these answers are true.
b.
All the judges on the court participate in rendering a decision about a particular
case.
c.
All state supreme courts have a limited amount of original jurisdiction.
d.
Some states have more than one court of last resort.
20. Which of the following is consistent with court unification?
66
a.
centralized jury selection
b.
integration of federal and state judicial systems
c.
localized budgeting
d.
statewide financing
21. What kind of court system has a coherent hierarchy with authority concentrated in the
state capital?
a.
structured
c.
complex
b.
systematic
d.
unified
22. What are the urban counterparts of the justice of the peace courts?
a.
major trial
c.
appellate courts
b.
supreme courts
d.
municipal courts
23. Which of the following courts embody the concept of therapeutic jurisprudence?
a.
drug courts
b.
domestic violence courts
c.
mental health courts
d.
drug, domestic violence, and mental health courts
24. Which of the following statements is true about drug courts?
a.
The first drug court was in New York City.
b.
These courts assume that treatment will reduce the likelihood that convicted drug
offenders will reoffend.
c.
Judges who oversee these courts take a “hands-off” approach to offender
monitoring.
d.
These courts emphasize the speedy administration of punishment.
25. What is a form of settling disputes, such as unruly children annoying neighbors, through
less adversarial means than the traditional court system designed to deal with issues?
a.
alternative dispute resolution
b.
domestic court
c.
drug court
d.
civil court
26. To be eligible for drug treatment by drug courts, defendants
a.
must have no prior felony convictions.
b.
must have no prior misdemeanor or felony convictions.
c.
may be charged with drug possession or drug sale.
d.
must request drug treatment, but are not required to admit that they have a drug
problem.
27. What is the emphasis in domestic violence courts?
a.
integration
b.
separation
c.
segregation
d.
punishment
28. In states without intermediate appellate courts, state courts of last resort
a.
must hear all criminal appeals.
b.
have discretion to hear only the cases they decide are the most important.
c.
hear only the most notorious cases.
d.
None of these answers is correct.
29. Which of the following represents a clear disadvantage of localized control of justice?
a.
Local courts are closely linked to the people they serve.
b.
The application of “state” law often has a local flavor.
c.
The officials who staff these courts are recruited from the local community they
serve and thus reflect the sentiments of that community.
d.
Local control has been an incubator of corruption and injustice.
30. What court system provides a safety valve for checking the most flagrant abuses of local
justice?
a.
dual
c.
unified
b.
appellate
d.
problem-solving
31. The key components of court unification do not include
a.
simplified court structure
c.
centralized rule making
b.
decentralized administration
d.
centralized judicial budgeting
32. Courts of therapeutic jurisdiction do not include which of the following?
a.
drug courts
c.
domestic violence courts
b.
courts of last resort
d.
elder court
33. The organization of courts in the United States impacts the processing of cases in which
of the following ways?
a.
decentralization of justice
c.
unification
b.
appeals
d.
problem-solving
34. After the American Revolution, the functions of state courts
a.
changed
c.
stagnated
b.
stabilized
d.
was primary to international security
35. What courts are at the first level of state courts?
a.
trial courts of limited jurisdiction
c.
municipal courts
b.
justice of the peace courts
d.
problem-solving courts
36. Misdemeanors are handled by which courts?
a.
lower courts
c.
justice of the peace courts
b.
supreme courts
d.
problem-solving courts
37. Which of the following occurs with the imposition of tougher laws?
a.
police do not necessarily make more
arrests
c.
prosecutors are pressured to plea
bargain
b.
juries are reluctant to convict
d.
all of these occur with the imposition
of tougher laws
38. What are courts collectively called in most rural areas?
a.
lower courts
c.
justice of the peace courts
b.
supreme courts
d.
problem-solving courts
69
39. What courts were created as a response to a significant growth in appellate cases that
threatened to overwhelm the state supreme court?
a.
lower courts
c.
justice of the peace courts
b.
intermediate courts of appeals
d.
problem-solving courts
CRITICAL THINKING SCENARIOS
CASE 4.1
Just as American law borrowed heavily from English common law, the organization of American
courts reflects their English heritage. But the colonists and later the citizens of the fledgling new
nation that called itself the United States of America adapted this English heritage to the realities
of the emerging nation. Issues such as the clash of opposing economic interests, the debate over
state versus national power, and outright partisanship have shaped America’s 50 diverse state
court systems.
40. Which of the following is true of the early colonial courts?
a.
they were rather simple
c.
they were rather complex
b.
they replicated English courts
completely
d.
they replicated English courts in
substance but not in form
41. In the colonial courts, each colony modified its court system according to what?
a.
local customs
c.
different religious practices
b.
patterns of commercial trade
d.
each colony modified its court system
in all of these ways
CASE 4.2
At the second level of state courts are the trial courts of general jurisdiction, usually referred to
as major trial courts. An estimated 3,200 major trial courts in the 50 states and the District of
Columbia are staffed by more than 11,000 judges (LaFountain et al. 2008). The term general
jurisdiction means that these courts have the legal authority to decide all matters not specifically
delegated to lower courts.
42. Which of the following is not one of the most common names for trial courts of general
jurisdiction?
a.
district court
c.
circuit court
b.
superior court
d.
supreme court
43. Most of the nation’s judicial business takes place at what level?
a.
City
c.
county
b.
State
d.
federal
44. What kind of crimes do state courts primarily decide?
a.
major drug distribution
c.
white-collar crimes
b.
terrorist crimes
d.
street crimes
45. Between 1997 and 2012, criminal cases filed in general jurisdiction courts (primarily
felonies) increased how much?
a.
25%
c.
35%
b.
45%
d.
55%
TRUE/FALSE
1. Some states have no trial courts of limited jurisdiction.
2. A justice of the peace court provides an example of a trial court of general jurisdiction.
3. There are five layers in a typical state court system.
4. County courts stood at the heart of American colonial government.
5. Citizens are more likely to have contact with a trial court of limited jurisdiction than with
any other type of court.
71
6. Initial evaluations of early drug courts found favorable rates of success.
7. One of the problems facing lower courts is inadequate financing.
8. Therapeutic drug courts operate in all 50 states.
9. The major trial courts decided felony cases.
10. Most of the nation’s judicial business takes place at the state level.
11. In states without intermediate appellate courts the supreme courts has discretion
regarding the cases it hears.
12. The organization of courts in the United States impacts case processing.
13. Most criminal cases do not go to trial.
14. In domestic violence courts a single judge handles multiple criminal, family court, and
divorce cases involving the same defendant.
15. Corrupt local officials are often prosecuted by their peers.
72
16. A century ago, state courts systems included only a single appellate body—the state court
of last resort.
17. Intermediate courts of appeals must hear all properly filed appeals.
18. A decision made by a state’s intermediate appellate court is appealed to the U.S. Supreme
Court for most cases.
19. One of the key components of court unification is diversified administration.
20. Empirical research has always found positive outcomes for drug courts.
21. The principal objective of a unified court system is to shift judicial administration from
local control to centralized management.
22. Some states have two courts of last resort—one for civil appeals and another for criminal
appeals.
23. One of the four major problems confronting the lower courts is unbalanced caseloads.
24. Supreme courts in states without intermediate courts of appeals have no power to choose
which cases will be placed on their dockets.
25. In most states with the death penalty, if the judge imposes the death penalty, then the case
is automatically appealed to the state’s highest court, thus bypassing the intermediate
courts of appeals.
COMPLETION
1. One type of problem-solving court is the _____ violence court.
2. Trial courts of _____ jurisdiction are sometimes referred to as inferior courts or lower
courts.
3. The principal objective of a _____ court system is a shift in judicial administration from
local control to centralized management.
4. Landlord-tenant disputes involving unpaid rent are likely to end up in small-_____ court.
5. For one to be able to appeal a decision made by a state court of last resort to the U.S.
Supreme Court the case must involve an important question of _____ law.
6. How the courts are organized and administered has a profound effect on the way cases
are processed and on the type of _____ that results.
74
7. Local control of justice has often been an incubator of corruption and _____.
8. The court that the average citizen is most likely to come in contact with is a court of
_____ jurisdiction, such as a traffic court.
9. The major trial courts decide _____ case and civil cases including domestic relations,
estate, personal injury, and contract cases.
10. Trial courts of _____ jurisdiction are commonly referred to as major trial courts.
11. A court system includes lower courts, major trial courts, _____ appellate courts, and a
court of last resort.
12. In states without intermediate appellate courts, state courts of last resort _____ hear all
criminal appeals.
13. Both justice of the peace courts and _____ courts are considered lower courts.
14. One of the key components of court unification is _____ administration.
75
15. The modern agenda of court reform includes topics such as reducing _____ court delay.
16. Technology is shaping the future of courts through _____ communications.
17. In domestic violence courts, the emphasis is on _____.
18. Judicial reformers would like to abolish the _____ system altogether.
19. Courts using therapeutic jurisprudence have _____ essential elements.
20. The _____ of courts in the United States impacts the processing of cases in several ways.
ESSAY
1. Most state courts have four levels of courts. List and briefly describe the jurisdiction of
the four levels of state courts. Be sure to provide examples of the types of cases each
level hears.
ANS:
76
2. Unified court systems and specialized courts are two different types of court reform that
have emerged. Compare and contrast these two types of reform. In which direction have
contemporary court reformers gone?
3. Explain and describe California’s Three Strike’s Law by making reference to the Ewing
case from California. Explain the rationale for the law and why Ewing appealed his
conviction to the U.S. Supreme Court. Explain the Supreme Court’s ruling in the case,
and your thoughts about the decision rendered.
ANS:
77
4. Explain why intermediate courts of appeals (ICAs) were created? How are ICAs
structured differently? How is the court system different in states with and without
ICA’s?
5. Compare and contrast justice of the peace courts and municipal courts.
ANS:
6. Describe the four problem areas facing the lower courts in the United States and explain
why they represent problems for the judiciary.
7. What are the key components of court unification? Why are these components important?
8. Describe the impact of court organization and its consequences.
