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True / False
1. There are approximately 3,000 drug courts in operation across the United States.
a.
True
b.
False
2. Domestic violence courts are an example of specialized courts.
a.
True
b.
False
3. In specialized courts there is no monitoring of offenders by judges.
a.
True
b.
False
4. Appellate courts try cases.
a.
True
b.
False
5. The prosecution represents the state during bail hearings in the pretrial stage.
a.
True
b.
False
6. The US Supreme Court is the only court established by constitutional mandate.
a.
True
b.
False
7. In Gideon v. Wainwright, the court took the first major step on the issue of right to counsel.
a.
True
b.
False
8. The Sixth Amendment assures the right to counsel.
a.
True
b.
False
9. Interviewing witnesses in a criminal case is one of the duties of the prosecutor.
a.
True
b.
False
10. Technology in the courtroom is a controversial issue because much of the information used infringes on the
rights of the accused.
a.
True
b.
False
11. Plea bargaining is rare.
a.
True
b.
False
12. The concept of attorney competence was defined by the US Supreme Court in the case of Strickland v.
Washington.
a.
True
b.
False
13. The US court of appeals is empowered only to hear federal cases on substantive and procedural issues
involving rights guaranteed by the US Constitution.
a.
True
b.
False
14. Each state has one court of last resort that reviews issues of law and fact appealed from the trial courts.
a.
True
b.
False
15. There are specialized state courts for gangs, domestic violence, guns, sex offenders, and the homeless.
a.
True
b.
False
16. Computers are replacing judges every day by allowing the judge to videoconference into the courtroom.
a.
True
b.
False
17. One form of legal representation of indigents is where private attorneys or private law firms provide their
services for free.
a.
True
b.
False
18. In 1968, only 10 states had state-level automated information systems.
a.
True
b.
False
19. A jury can consist of between 6 and 12 people to decide a case in a criminal trial.
a.
True
b.
False
20. There are very strict, formal qualifications for federal judges.
a.
True
b.
False
21. Once a prosecutor decides to pursue a case, the charges cannot later be dropped.
a.
True
b.
False
22. The availability of treatment and detention facilities is a resource issue that impacts prosecutorial discretion.
a.
True
b.
False
23. The forms of legal representation available to indigents are public defender, assigned counsel, contract, and mixed.
a.
True
b.
False
24. Conviction rates for indigent defendants and for those with their own lawyers were about the same in federal and state
courts.
a.
True
b.
False
25. Increasingly videoconferencing is used across the United States and is now used in about 400 courts.
a.
True
b.
False
26. Courts of limited jurisdiction are named as such because:
a.
all cases in that type of jurisdiction handle 1–2 particular types of crime, making a limited scope.
b.
they are restricted to hearing minor or less serious civil and criminal cases.
c.
they not only review facts but procedures of the case to limit judicial decision making.
d.
they were named this when each state was only allowed to have one court.
27. Courts of general jurisdiction are also known as ______ courts.
a.
appellate
b.
municipal
c.
district
d.
felony
28. Which of the following is false regarding appellate courts?
a.
Appellate courts try cases.
b.
Appellate courts review the procedures of the case to determine whether an error was made by
judicial authorities.
c.
The appellate court can order a new trial.
d.
The appellate court can allow the defendant to go free.
29. Courts of limited jurisdiction are most likely to handle which of the following crimes?
a.
Domestic violence
b.
Juvenile crime
c.
Shoplifting
d.
Traffic violations
30. Which of the following would not constitute a specialty court?
a.
Probate court
b.
Circuit court
c.
Community court
d.
Mental health court
31. If you are charged with armed robbery, your trial would take place in which type of court?
a.
A court of limited jurisdiction
b.
A court of general jurisdiction
c.
An appellate court
d.
A specialty court
32. Generally, state appellate decisions are based on court transcripts; however, in some instances, the felony
court will grant a new trial known as a:
a.
trial de novo.
b.
reaffirmation of verdict.
c.
trial de jure.
d.
habeas corpus hearing.
33. The US Supreme Court is composed of ____ members that are ________.
a.
7; appointed for 8 year terms
b.
9; appointed for lifetime terms
c.
9; elected by the voters during the presidential election
d.
10; recommended by Congress
34. The legal basis for the federal court system is found in the:
a.
Judicial Act of 1789.
b.
Sixth Amendment.
c.
Article 3, Section 1 of the U.S. Constitution.
d.
Original Articles of Confederation.
35. The federal government has a three-tiered hierarchy of court jurisdiction, which includes all of the following
except the:
a.
US court of appeals.
b.
US district Court.
c.
US special jurisdiction court.
d.
US Supreme Court.
36. When a jury trial is waived, the judge must:
a.
ask the defense to use their ethics to decide whether the defendant is guilty.
b.
instruct the jury to leave the courtroom.
c.
decide whether the defendant is guilty using a bench trial.
d.
maintain court records themselves.
37. When the US Supreme Court justices reach a split decision, the Chief Justice assigns a member of the
majority group to write the:
a.
opinion.
b.
issuance of legalis.
c.
writ of certiorari.
d.
mandate of precedence.
38. Which of the following is not one of the judicial functions of a judge?
a.
Consider leniency or severity requests from police and prosecutors
b.
Administrative control over probation
c.
Consult with probation staff on treatment decisions
d.
Draft legislative language to be forwarded to congressional sponsors
39. Many states have adopted some form of what is known as the ____ Plan to select judges.
a.
Illinois
b.
Missouri
c.
New York
d.
Ohio
40. Which of the following is not one of the duties of a prosecutor?
a.
Investigate possible violations of the law
b.
Maintain administrative control over grand jury proceedings
c.
Represent the government in appeals
d.
Subpoena witnesses to a crime
41. In the federal system, prosecutors are appointed by:
a.
Congress.
b.
the Senate.
c.
the president.
d.
the US Supreme Court.
42. All evidence points to the conclusion that prosecutorial discretion is used to:
a.
influence judicial decision making in the sentencing stage.
b.
influence who gets reelected to judgeships.
c.
screen out the weakest cases.
d.
achieve a desirable sentence.
43. Which of the following is the most common reason for prosecutors to reject cases?
a.
Due process problems
b.
Arrest problems
c.
Evidence problems
d.
Interest of justice problems
44. Prosecutorial discretion is used to:
a.
reduce the number of cases to trial.
b.
help the charging decision.
c.
punish offenders.
d.
impose indictment in the state court process.
45. Which of the following reasons may cause a case to be dismissed?
a.
Inefficient evidence
b.
Interests of justice
c.
Due process problems
d.
All the above
46. What is the duty of a defense lawyer to his or her client and the legal system?
a.
To participate in the courtroom workgroup
b.
To fully and competently defend his or her client
c.
To engage in the pursuit of justice
d.
To represent the state
47. In what 1963 landmark case did the U.S. Supreme Court rule that state courts must provide counsel to
indigent defendants in felony prosecutions?
a.
Gideon v. Wainwright
b.
Strickland v. Washington
c.
Burger v. Kemp
d.
Argersinger v. Hamlin
48. In what 1972 case did the court rule that an attorney must be provided in all criminal cases where the penalty
includes imprisonment?
a.
Gideon v. Wainwright
b.
Strickland v. Washington
c.
Burger v. Kemp
d.
Argersinger v. Hamlin
49. Today, the Sixth Amendment right to counsel and the ____ and ____ Amendments guarantee of due process
of law have been judicially interpreted together to provide the defendant with counsel by the state in all types of
criminal proceedings.
a.
Fourth, Fifth
b.
Fifth, Fourteenth
c.
Sixth, Eighth
d.
First, Seventh
50. Which type of indigent defense program relies on block grants given to lawyers or law firms in exchange for
their legal services on a set number of cases involving poor defendants?
a.
Contract system
b.
Assigned counsel system
c.
Prepaid legal service
d.
Public defender system
51. Which of the following statements is false regarding public versus private attorneys?
a.
Conviction rates for indigent defendants with public defenders were significantly higher than for
defendants with their own attorney.
b.
Sentence lengths for defendants sent to jail or prison were shorter for those with publicly financed
attorneys than those who hired counsel.
c.
Of those found guilty, those represented by publicly financed attorneys were incarcerated at a higher
rate than those defendants who paid for their own legal representation.
d.
Research indicates that private counsel may have a slightly better track record in some areas than
public defenders.
52. The concept of attorney competence was defined by the U.S. Supreme Court in what case?
a.
Gideon v. Wainwright
b.
Strickland v. Washington
c.
Burger v. Kemp
d.
Argersinger v. Hamlin
53. The first state to establish a court administrative office was ____ in 1927.
a.
North Dakota
b.
Iowa
c.
Washington
d.
California
