America’s Courts and the Criminal Justice System 11th Edition by David W. Neubauer – Test Bank
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Sample Test
Chapter 3
FEDERAL COURTS
TEST BANK
MULTIPLE CHOICE
1. The
United States has a dual court system consisting of:
|
a. |
district and superior courts. |
c. |
criminal and civil courts. |
|
b. |
trial and appellate courts. |
d. |
state and federal courts. |
ANS:
D REF:
57 OBJ: 1
2. Which
of the following is true of appellate courts?
|
a. |
The function of an appellate court is
to carefully review the facts that were presented at a defendant’s criminal
trial. |
|
b. |
Appellate court decisions are always
made by a group of judges; decisions are never made by a single judge. |
|
c. |
Appellate courts, like trial courts, may
hear testimony from witnesses, conduct trials, or use juries. |
|
d. |
Appellate court decisions must be
unanimous. |
ANS:
B REF:
61 OBJ: 2
3. Original
and appellate jurisdiction fall under what classification of jurisdiction?
|
a. |
geographical jurisdiction |
c. |
hierarchical jurisdiction |
|
b. |
subject matter jurisdiction |
d. |
general jurisdiction |
ANS:
C REF:
60-61 OBJ: 2
4. What
federal court has original jurisdiction over disputes between states?
|
a. |
Legislative Court |
c. |
Court of Appeals |
|
b. |
District Court |
d. |
Supreme Court |
ANS:
D REF:
61 OBJ: 1
5. The
political dynamics surrounding the role of the federal government in the
criminal justice system is based on the imbalance between federal official’s
need to be seen as doing something about the crime problem and:
6. their
limited jurisdiction to do anything.
7. lack
of support from states to partner in addressing crime rates.
8. fear
of increased litigation arising from jurisdictional issues.
9. double
jeopardy issues related to parallel state and federal and federal prosecutions.
ANS:
A REF:
84-85 OBJ: 8
6. During
the Constitutional Convention, Anti-Federalists maintained the belief that a
strong national government would:
7. provide
political and economic unity.
8. weaken
individual liberties.
9. abolish
state courts.
10.
create a uniform body of federal law.
ANS:
B REF:
61-62 OBJ: 3
7. Which
Article of the U.S. Constitution provides the basis for the federal judiciary?
|
a. |
Article I |
c. |
Article III |
|
b. |
Article II |
d. |
Article IV |
ANS:
C REF:
62 OBJ: 3
8. Which
of the following is not true of federal district court judges?
|
a. |
They are nominated by the President. |
|
b. |
They must be confirmed by the U.S.
Senate. |
|
c. |
They must reside in their district. |
|
d. |
They are appointed for eight year
terms.. |
ANS:
D REF:
65-66 OBJ: 3
9. There
are ________ U.S. District Courts, with each state having at least one.
|
a. |
59 |
c. |
94 |
|
b. |
78 |
d. |
111 |
ANS:
C REF:
65 OBJ: 3
10.
In 1968 Congress created this position to alleviate the workload
of U.S. District Courts and to replace the former position of U.S.
commissioner.
|
a. |
U.S. magistrate judges |
c. |
U.S. bankruptcy judges |
|
b. |
U.S. attorneys |
d. |
U.S. circuit justices |
ANS:
A REF:
65 OBJ: 3 and 4
11.
Which of the examples below does not constitute a federal
question, for purposes of review by an Article III court?
|
a. |
Whether or not a state supreme court
misinterpreted the state’s divorce law in an action for marital dissolution. |
|
b. |
Whether or not a disabled person has
the right to sue a restaurant for failure to provide access by a wheel chair. |
|
c. |
Whether or not a federally insured bank
may manipulate the prime interest rate or collaborate with other banks to set
rates. |
|
d. |
Whether or not a person was denied a
job because of their race. |
ANS:
A REF:
67 OBJ: 5
12.
Congress created the Courts of Appeals in
|
a. |
1776. |
c. |
1891. |
|
b. |
1787. |
d. |
1929. |
ANS:
C REF:
70 OBJ: 3
13.
In the federal system, which is generally the court of last
resort for virtually all federal litigation?
|
a. |
U.S. Supreme Court |
c. |
U.S. District Court |
|
b. |
U.S. Court of Appeals |
d. |
Federal Magistrate Court |
ANS:
B REF:
72 OBJ: 4
14.
The “Rule of Four” refers to:
15.
the number of justices required to vote in favor of granting
certiorari to review a case.
16.
the number of justices required to uphold or overturn a lower
court ruling.
17.
the maximum number of presenters allowed during oral arguments.
18.
the minimum number of justices required to publish a dissenting
opinion.
ANS:
A REF:
72-73 OBJ: 4
15.
The Prison Litigation Reform Act resulted in all of the
following, except:
16.
requiring inmates to pay certain fees from which they had
previously been exempt.
17.
requiring inmates to exhaust all administrative remedies before
filing.
18.
no longer allowing inmates to proceed pro se in civil rights
actions.
19.
barring subsequent cases if previous cases had been dismissed as
frivolous.
ANS:
C REF:
69 OBJ: 5
16.
Magistrate judges are
|
a. |
nominated by the President and
confirmed by the Senate. |
|
b. |
elected by voters in their district. |
|
c. |
selected by the U.S. Supreme Court. |
|
d. |
selected by U.S. district court judges. |
ANS:
D REF:
65 OBJ: 4
17.
Which of the following gave the U.S. Supreme Court the authority
to invalidate an act of Congress as unconstitutional?
|
a. |
Marbury v. Madison (1803) |
|
b. |
Article III of the U.S. Constitution |
|
c. |
The Judiciary Act of 1789 |
|
d. |
The Judiciary Act of 1801 |
ANS:
A REF:
62 OBJ: 4
18.
The U.S. Courts of Appeals is made up of how many judgeships?
|
a. |
14 |
c. |
98 |
|
b. |
50 |
d. |
179 |
ANS:
D REF:
71 OBJ: 4
19.
These judges perform virtually all tasks carried out by district
court judges, except trying and sentencing felony defendants.
20.
Circuit
justices
c. Appellate court judges
21.
Magistrate
judges
d. Administrative judges
ANS:
B REF:
65 OBJ: 4
20.
Most “federal question” cases present issues concerning:
21.
the interpretation or application of the U.S. Constitution.
22.
cases in which two or more states are parties.
23.
the application and interpretation of a
statute enacted by Congress.
24.
securities and banking regulations relating to the housing
market crash.
ANS: C
REF: 67 OBJ:
21.
The recent upsurge of federal criminal cases is largely
attributable to the increase in
|
a. |
diversity of jurisdiction cases. |
c. |
anti-terrorism initiatives. |
|
b. |
prosecutions for weapons offenses. |
d. |
prosecutions for drug offenses. |
ANS:
D REF:
66 OBJ: 4
22.
Drug prosecutions account for approximately what percentage of
all federal criminal cases?
|
a. |
10 |
c. |
40 |
|
b. |
20 |
d. |
65 |
ANS:
B REF:
66 OBJ: 4
23.
Prisoners are permitted to file several types of civil lawsuits
in federal courts. These include all of the following, except:
|
a. |
habeas corpus petitions. |
c. |
Section 1983 and Bivens actions. |
|
b. |
mandamus petitions. |
d. |
motion to grant clemency. |
ANS:
D REF:
69 OBJ: 5
24.
A habeas corpus petition may include which of the following?
|
a. |
A challenge of a criminal conviction
based on the argument the trial was constitutionally defective. |
|
b. |
A federal prisoner’s request to get their
sentence set aside or corrected because the punishment was harsher than that
allowed by law. |
|
c. |
Allegations that prison officials do
not allow inmates to practice their religion behind bars. |
|
d. |
Allegations that an inmate’s
constitutional rights were violated by a federal official acting under color
of law. |
ANS:
A REF:
69-70 OBJ: 4
25.
Appeals from criminal convictions in the U.S. District Courts
constitute ______ of the workload of the U.S. Courts of Appeals.
|
a. |
less than 10 percent |
c. |
43 percent |
|
b. |
about 29 percent |
d. |
over 50 percent |
ANS:
B REF:
72 OBJ: 4
26.
In 1950, Congress extended significant new due process rights in
courts-martial by adopting the:
|
a. |
Military Justice Act |
c. |
Uniform Code of Military Justice |
|
b. |
U.S. Joint Service Committee Act |
d. |
Armed Forces Court of Appeals Act |
ANS:
C REF:
75 OBJ: 6
27.
Which of the following is not one of the
differences between military justice and state and federal justice?
|
a. |
The burden of proof is less demanding. |
c. |
The jurors are military personnel. |
|
b. |
Three- and five-person juries are used. |
d. |
Decisions cannot be appealed. |
ANS:
D REF:
75 OBJ: 6
28.
A 2008 decision by this Court declared that the U.S. President
was not allowed to imprison enemy combatants indefinitely without the right to
habeas corpus review in federal court.
|
a. |
U.S. District Court |
c. |
U.S. Supreme Court |
|
b. |
International Court of Justice |
d. |
United Nations Human Rights Court |
ANS:
C REF:
75-77 OBJ: 6
29.
The administrative policymaking organization of the federal
judicial system, comprised of 26 federal judges, is the:
|
a. |
Judicial Conference of the U.S. |
c. |
Federal Judicial Center |
|
b. |
Administrative Office of the Courts |
d. |
U.S. Sentencing Commission |
ANS:
A REF:
81 OBJ: 7
30.
The responsibilities of the U.S. Sentencing Commission include
which of the following?
|
a. |
Recommending to Congress appropriate modifications
of substantive criminal law and sentencing procedures. |
|
b. |
Making sentencing recommendations after
cases are adjudicated in federal court. |
|
c. |
Appointing judges to special tribunals
and courts, such as the U.S. Foreign Intelligence Surveillance Court and the
Judicial Panel on Multidistrict Litigation. |
|
d. |
Implementing policies established by
the Judicial Conference of the United States. |
ANS:
A REF:
82 OBJ: 7
31.
Between 1789 and 1891, the inadequacy of the federal judicial
system was highlighted by all of the following, except:
32.
the intolerable conditions of circuit riding.
33.
increased litigation from the growth of federal activity.
34.
Supreme Court refusal to grant certiorari to large numbers of
cases.
35.
long delays for appeals to be argued before the courts.
ANS:
C REF:
62-63 OBJ: 3
32.
This civilian judicial circuit’s jurisdiction is based on
subject matter rather than geographical boundaries and has nationwide
jurisdiction to hear specialized appeals involving certain types of government
contracts, patents, and trademarks.
33.
Circuit Court of Appeals for D.C.
34.
Civilian Court of Appeals
35.
Court of Appeals for the United States
36.
Federal Circuit Court of Appeals
ANS:
D REF:
74 OBJ: 6
33.
One of the principal activities of this organization is the
education and training of federal judicial personnel, including judges,
probation officers, clerks of court, and pretrial service officers.
34.
Federal Judicial Center
35.
Administrative Office of the Courts
36.
FBI Judicial Academy at Quantico
37.
Judicial Personnel and Training Section of the Judicial
Conference
ANS:
A REF:
82 OBJ: 7
34.
The Foreign Intelligence Surveillance Court of Review’s only
function is to:
35.
hear appeals regarding constitutional violations of individual
privacy rights.
36.
review warrant applications related to national security
investigations.
37.
act as arbitrator between intelligence officials and foreign
governments.
38.
review denials by the Foreign Intelligence Surveillance Court of
applications for electronic
surveillance warrants.
ANS:
D REF:
77 OBJ: 6
35.
Which of the following was not one of the
compromises reached between the Federalists and Anti-Federalists in the
Judiciary Act of 1789?
36.
Federal district judges would be approved by voters in their
district.
37.
Boundaries of district courts were drawn along state lines.
38.
Ensured that federal district judges would be residents of their
districts.
39.
The Act gave lower federal courts only limited jurisdiction.
ANS:
A REF:
62 OBJ: 4
36.
Which Congressional action gave the U.S. Supreme Court control
over its’ docket?
37.
Court of Appeals Act of 1891
38.
Judges Bill of 1925
39.
Judiciary Act of 1789
40.
Federal Court Improvement Act of 1982
ANS:
B REF:
63-64 OBJ: 4
37.
This type of prisoner petition seeks a court order to compel a
public entity or official to do something that is owed to the plaintiff as a
matter of constitutional or statutory right.
38.
mandamus c. motion to compel
39.
habeas
corpus
d. Section 1983 action
ANS:
A REF:
70 OBJ: 8
38.
In U.S.
v. Georgia (2006), the U.S. Supreme Court held that states and
municipalities can be held civilly liable for failing to:
39.
abolish height and weight requirements for criminal justice
agencies.
40.
maintain correctional facilities that accommodate the special
needs of disabled prisoners.
41.
create exemptions for bona fide occupational qualifications in
hiring and promotion.
42.
provide special training for employees on the requirements of
the Americans with
Disabilities Act.
ANS:
B REF:
69 OBJ: 4
39.
The basic administrative unit of a circuit, which has authority
to make all necessary and appropriate orders for the effective and expeditious
administration of justice within its circuit, is called the:
40.
Administrative Office of the District c.
Federal Judicial Administration
41.
Administrative Oversight Commission d.
Judicial Council
ANS:
D REF: 82
OBJ: 4
40.
What do the Gun Free Schools Zones Act of 1990, Combatant Status
Review Tribunals, and the Military Commissions Act of 2006 have in common?
41.
They have all been upheld by the U.S. Supreme Court as
constitutional.
42.
They have all been declared unconstitutional by the U.S. Supreme
Court.
43.
They were all enacted by Congress in the interest of national
security.
44.
They were all repealed by Congress after negative public outcry.
ANS:
B REF:
56 OBJ: 5
41.
This doctrine allows parallel state and federal prosecutions for
the same offense.
42.
double jeopardy c. parallel prosecution
43.
concurrent jurisdiction d. dual
sovereign
ANS:
D REF:
60 OBJ: 1
42.
If a circuit justice thinks that there is merit in a case such
that the full Supreme court should have an opportunity to decide whether to
hear the case, the justice will grant:
43.
a temporary writ of certiorari. c. a
stay.
44.
an injunction. d. a preliminary review.
ANS:
C REF:
73 OBJ: 4
CRITICAL THINKING SCENARIOS
CASE 3.1
The founding fathers engaged in a vigorous debate over whether
there should be a federal court system separate from the state systems.
Those who supported a strong federal judiciary ultimately prevailed.
Subsequent expansion of the federal courts has created a contemporary
controversy over how to alleviate the problem of rising caseloads within the
federal court system.
43.
Which of the following statements regarding proposals to reduce
federal caseloads is true?
44.
Reducing the jurisdiction of federal courts would nearly double
the caseload of state courts
and states would certainly oppose such an action.
1. Creating
additional courts and judgeships would require additional funding of the
federal
judiciary, which already comprises a sizeable portion of the
federal budget.
1. It is
unlikely that Congress will ever have the filibuster-proof majority needed to
authorize
additional federal judgeships.
1. The
antagonistic relationship between Congress and the federal judiciary is
unlikely to
result in any significant reforms.
ANS:
D REF:
82-83 OBJ: 8
44.
Which of the following proposals would our Federalist founding
fathers most likely support?
45.
Abolish federal diversity jurisdiction except in certain cases.
46.
Abolish concurrent jurisdiction on crimes punishable by both
state and federal law.
47.
Creation of several new Article I legislative courts.
48.
Limit ability of prisoners to file civil rights lawsuits.
ANS:
C REF:
61-63 OBJ: 3
45.
Which of the following proposals would due process
advocates least likely support?
46.
Abolish federal diversity jurisdiction except in certain cases.
47.
Abolish concurrent jurisdiction on crimes punishable by both
state and federal law.
48.
Creation of several new Article I legislative courts.
49.
Limit ability of prisoners to file civil rights lawsuits.
ANS:
D REF:
83-84 OBJ: 8
TRUE/FALSE
1. The
United States has one national court system plus separate court systems in each
of the 50 states and the District of Columbia.
ANS:
T REF:
57 OBJ: 1
2. Appellate
courts are considered finders of fact.
ANS:
F REF:
61 OBJ: 2
3. When
cases are appealed, appellate court judges may call on witnesses to testify.
ANS:
F REF:
61 OBJ: 2
4. Extradition
is the automatic return of an individual accused of a crime in the United
States who has fled the country and been found on foreign soil.
ANS:
F REF:
59 OBJ: 1
5. There
may be as many as 28 judges who work together to make an appellate court
decision.
ANS:
T REF:
62 OBJ: 2
6. The
double jeopardy clause of the Fifth Amendment protects a defendant from being
tried in both state and federal court for the same crime.
ANS:
F REF:
60 OBJ: 1
7. In
the event of a vacancy, the most senior member of the U.S. Supreme Court will
become the Chief Justice.
ANS:
F REF:
72 OBJ: 4
8. No U.S.
District Court encompasses more than one state.
ANS:
T REF:
62 OBJ: 3
9. U.S.
Magistrate Judges may try and sentence felony defendants.
ANS:
F REF:
58 OBJ: 4
10.
Both Article I and Article III judges serve during “good
behavior,” which for practical purposes means for life.
ANS:
F REF:
65 OBJ: 4
11.
A major city like Chicago or Los Angeles prosecutes more felons
in a year than the entire federal judiciary.
ANS: T
REF: 85
OBJ: 4
12.
There are two U.S. Attorneys in each federal district.
ANS:
F REF:
65 OBJ: 3 and 4
13.
Federal district court judges must be residents of the district
in which they preside.
ANS: T
REF: 62
OBJ: 4
14.
Prior to the Civil War, the U.S. Supreme Court was required to
hear every case that was appealed to it.
ANS:
T REF:
63 OBJ: 4
15.
In misdemeanor and petty offense cases, U.S. magistrate judges
may preside over trials, accept pleas of guilty, and also impose sentences.
ANS:
T REF:
65 OBJ: 4
16.
A U.S. attorney is nominated by the President, confirmed by the
Senate, and serves during “good behavior.”
ANS:
F REF:
65-66 OBJ: 7
17.
Civil lawsuits consume more of the federal courts’ time than
criminal cases.
ANS:
T REF:
66 OBJ: 4
18.
Drug prosecutions account for more than 20 percent of all
federal criminal cases.
ANS: T
REF: 66
OBJ: 4
19.
Federal courts apply state—not federal—law when adjudicating
state claims in federal court under their diversity of citizenship
jurisdiction.
ANS:
T REF:
66-67 OBJ: 4
20.
The U.S. District Courts are the federal trial courts for all
major violations of federal criminal law.
ANS:
T REF:
66 OBJ: 4
21.
The Americans with Disabilities Act applies to the ways in which
police officers and correctional officials interact with people with
disabilities.
ANS:
T REF:
69 OBJ: 4
22.
When the U.S. Supreme Court fails to grant certiorari, they are
stating that they unilaterally affirm the decision of the lower court.
ANS:
F REF:
72 OBJ: 6
23.
Military justice applies not only to members of the armed
services but also to those who commit crimes against military personnel on and
off a military base.
ANS:
F REF:
75 OBJ: 6
24.
The burden of proof necessary for conviction is less demanding
in military courts.
ANS:
T REF:
75 OBJ: 6
25.
The U.S. Constitution states that “no more than fifteen, nor
less than seven justices shall be approved by Congress to serve on the Supreme
Court.”
ANS: F
REF: 62
OBJ: 4
COMPLETION
1. The
United States has a _____________ court system, which means that it has one
national court system plus separate court systems in each of the 50 states and
the District of Columbia.
ANS: dual
REF:
57 OBJ: 1
2. ____________
jurisdiction means that a court has the authority to try a case and decide it.
ANS: Original
REF:
61 OBJ: 1
3. The
legal process in which officials of one state or country surrender a criminal
offender to another is known as _____________.
ANS: extradition
REF:
59 OBJ: 1
4. A
violation or dispute of _____________ jurisdiction would occur if a California
court were to try someone for a crime that was committed in Oregon.
ANS: geographical
REF:
57 OBJ: 1
5. State
and federal courts sometimes have jurisdiction (meaning they share some
judicial powers).
ANS: concurrent
REF:
57 OBJ: 1
6. _____________
of citizenship cases involve suits between citizens of different states or
between a U.S. citizen and a foreign country or citizen.
ANS: Diversity
REF:
66 OBJ: 4
7. A
writ of _____________ is issued by the U.S. Supreme Court to obtain and review
the proceedings of a lower court.
ANS: certiorari
REF:
72 OBJ: 4
8. Article
______ of the U.S. Constitution established the U.S. Supreme Court and gave
Congress the power to create lower courts.
ANS: III
REF:
62 OBJ: 3
9. A
prisoner _____________ is a civil lawsuit filed by an inmate alleging
violations of his or her rights.
ANS: petition
REF:
69 OBJ: 1 and 4
10.
Judicial bodies created by Congress under Article I are commonly
referred to as _____________ courts.
ANS: legislative
REF:
74 OBJ: 6
11.
The U.S. Supreme Court is made up of _________ justices,
including the chief justice.
ANS: 9
REF:
72 OBJ: 4
12.
The director of the _____________ of the U.S. Courts is
responsible for the day-to-day administrative tasks of the federal courts,
including lobbying Congress for more funds and judgeships.
ANS: Administrative Office
REF:
82 OBJ: 7
13.
_________ is the particular location or area in which a court
having geographical jurisdiction may hear a case.
ANS: Venue
REF:
57 OBJ: 1
14.
_____________ petitions are those in which inmates may
collaterally challenge their convictions (after exhausting all available state
remedies to do so) by arguing that their trial was constitutionally defective.
ANS: Habeas corpus
REF:
70 OBJ: 4
15.
A ____________ is a court order that temporarily suspends
activity in a case.
ANS: stay
REF:
73 OBJ: 4 and 5
16.
Captured terrorists have recently been declared
enemy____________ instead of prisoners of war.
ANS: combatants
REF: 75-76 OBJ:
6
17.
Judicial bodies established by Congress under Article III are
known as ____________ courts.
ANS: constitutional
REF: 74
OBJ: 3
18.
The ________________ has supervisory authority over the entire
federal judicial system.
ANS: chief justice
REF:
72 OBJ: 4
19.
The ______________ is a Supreme Court custom that allows a
minority of the Court to impose on the majority a question that the majority
does not think it appropriate to address.
ANS: rule of four
REF: 72-73 OBJ:
4
20.
Only _____________ can authorize additional federal judgeships.
ANS: Congress
REF:
83 OBJ: 8
ESSAY
1. Explain
why venue may be easily changed within the federal system and reasons why
changes in venue may be granted for federal cases. Include an example of a
federal case where a change of venue was granted.
ANS:
When a defendant is charged with a crime against the United
States (i.e., the federal government) his/her case may be heard by any federal
district court because all these courts hear cases for defendants who violate
federal laws. Most defendants charged with federal offenses
will have their cases tried in the federal district where they committed their
offenses. However, some defendants may have the location of their trial
(i.e., venue) changed. This may happen for one of two reasons.
First, the location of another federal district court may be more convenient
for the witnesses and parties involved in the case. Second, a change of
venue may be necessary to assure that the defendant has a fair trial.
Negative pretrial publicity, for example, may have prejudiced the local jury
pool. Thus, a federal court judge may transfer a case to another federal
district court where potential jurors know less about the case. This is
what happened in the Timothy McVeigh case. He was accused of bombing a
federal building in Oklahoma City. The bombing received extensive media
coverage in Oklahoma and many potential jurors knew people who died or were
injured. These factors combined to make it unlikely that McVeigh would
get a fair trial. Consequently, the case was transferred to Denver,
Colorado.
REF: 57-59
OBJ: 1
2. Explain
the historical evolution of the federal courts into their present structure and
operations, including the debate over states’ rights versus federalism.
ANS:
Anti-Federalists debated Federalists about whether there should
be a federal court system separate from the state systems. Advocates of
states’ rights, the Anti-Federalists, feared that a strong federal government
would threaten the power of state courts and, therefore, individual
liberties. Thus, they argued that the federal judiciary should only hear
appeals from state courts. The Federalists, in contrast, favored a robust
federal court system that could develop a uniform body of federal law.
The two groups reached a compromise at the Constitutional Convention in 1787
when they ratified Article III of the U.S. Constitution, which established the
U.S. Supreme Court and gave Congress the power to create lower courts.
The Judiciary Act of 1789 was passed shortly thereafter. The Act
established separate U.S. District Courts, which are the trial courts of
original jurisdiction in the federal system. While the
creation of these courts strengthened the federal judiciary, the Act also
allayed Anti-Federalists fears in several ways. Federal district courts
were given limited jurisdiction, U.S. district courts are “state
contained”—the boundaries of the district courts are drawn along state lines,
and federal district court judges must be residents of their districts.
A century later, the Courts of Appeals Act of 1891 created intermediate federal
appellate courts.
REF: 61-63
OBJ: 3 and 6
3. Compare
and contrast the tasks of trial and appellate courts.
ANS:
Trial courts decide a defendant’s guilt or innocence. In
other words, they consider factual evidence as it is presented (e.g.,
witnesses, the cross examination of witnesses, and physical evidence).
This is why these courts are called fact-finding courts. Only one judge
presides over a case at trial. In contrast, several judges participate
when a case appears before an appellate court. No witnesses are called
and no evidence is presented. Appellate court judges review legal
decisions made by trial courts; their function is to correct legal errors made
by lower courts. In doing so, they make policy.
REF:
61
OBJ: 2
4. Evaluate
the major problems facing the federal courts and the strengths and weaknesses
of the major solutions that have been proposed to address these problems.
ANS:
Heavy caseloads are the major problem facing the federal courts.
Not only does the heavy workload burden those who work in the courts, but also
it affects litigants whose cases may be delayed because of backlog.
Adding more staff, especially more federal judges, could help, but is cost
prohibitive. Reducing the jurisdiction of the federal courts, especially
by eliminating diversity of citizenship jurisdiction, could also help, but has
not gained sufficient political support for Congress to have acted on the
proposal.
REF:
82-83
OBJ: 8
5. Analyze
the impact the federal courts have on the administration of criminal justice at
the state and local levels through their federal question jurisdiction.
ANS:
By interpreting the requirements of federal law—especially the
U.S. Constitution—the federal courts set the parameters for the operation of
the criminal justice system so that police, prosecutors, defense attorneys, and
judges honor the individual rights and liberties guaranteed in Constitution
throughout all phases of the criminal justice process from the initial
investigation by police to sentencing the offender.
The Supreme Court, in particular, has a profound impact on the
administration of criminal justice. In the 1960s, the Warren Court
focused on the rights of the accused and expanded procedural safeguards,
thereby limiting the power of law enforcement. As the court of last
resort which has the final say in matters that come before it, Supreme Court
decisions become “the law of the land” and state and local justice systems must
obey them.
REF:
68-69
OBJ: 5
6. Discuss
the constitutional struggle between the U.S. Supreme Court, Congress, and
former President George W. Bush regarding the status of “enemy combatants” and
fighting the “war on terror.”
ANS:
The Bush administration asserted that international law did not
require any legal process for enemy combatants. The president, as commander-in-chief,
could detain enemy combatants until the War on Terrorism was over. The
U.S. Supreme Court rejected this view in Rasul v. Bush (2004), ruling that
federal courts have jurisdiction to hear the detainees’ habeas corpus petitions
challenging their indefinite detentions. Soon after the Rasul decision, the
Department of Defense established Combatant Status Review Tribunals (CSRTs) to
review evidence in secret proceedings to determine whether a detainee had been
properly classified as an enemy combatant. Ultimately, the U.S. Supreme
Court rejected the legality of these military commissions, ruling in Hamdan v. Rumsfeld (2006)
that they had not been authorized by an act of Congress and that they violated
both the Uniform Code of Military Justice and the Geneva Conventions.
Congress responded to the Hamdan decision
by enacting the Military Commissions Act of 2006 (MCA), which authorized the
president to identify enemies, imprison them indefinitely, try them in military
commissions, and deprive the federal courts of jurisdiction to hear any habeas corpus cases
filed by detainees. The Supreme Court declared the MCA unconstitutional
in Boumediene v. Bush (2008).
As a result, a number of enemy combatants have been released by order of courts
reviewing their detention in Guantanamo Bay. Nearly three-quarters of the
cases reviewed by federal judges concluded that there was insufficient evidence
to hold the petitioners as enemy combatants and, therefore, ordered their
release.
REF: 75-77
OBJ: 8
7. Define
the four primary types of jurisdiction.
ANS:
Geographical jurisdiction limits the power of courts to
adjudicate disputes arising within certain geographic boundaries. Subject
matter jurisdiction concerns the types of cases a court may hear and decide.
Personal jurisdiction refers to a court’s power over a specific person or legal
entity (such as a partnership or corporation). Hierarchical jurisdiction
concerns whether the court has the power to originally decide a case or review
it on appeal.
REF:
57-61
OBJ: 1
8. Differentiate
the jurisdiction and functions of Article III courts from Article I courts and
other specialized federal courts.
ANS:
Article III courts are empowered to adjudicate “cases and
controversies” arising under the U.S. Constitution, federal law, and certain
cases between citizens of different states or different counties. Article I
courts are tribunals created by Congress to handle specialized types of cases,
especially those that arise under the regulatory law of federal agencies. The
decisions of Article I courts are generally reviewable in Article III courts.
Article III judges are nominated by the president and confirmed to office by
the U.S. Senate. Article I judges are not; they are appointed for fixed terms.
Article I judges enjoy two protections to foster their independence:
life-tenure (unless impeached) and a guarantee that their salaries can never be
decreased. Article I judges do not have these protections.
REF:
58
OBJ: 6
Chapter 5
THE DYNAMICS OF COURTHOUSE JUSTICE
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