America’s Courts and the Criminal Justice System 10th Edition by David W. Neubauer – Test Bank
To Purchase this Complete Test Bank with Answers Click the link Below
If face any problem or
Further information contact us At tbzuiqe@gmail.com
Sample Test
Chapter 3
FEDERAL COURTS
TEST BANK
MULTIPLE CHOICE
1.
The United States has a dual court system. This means that there are
|
a. |
county courts and district courts. |
c. |
criminal courts and civil courts. |
|
b. |
trial courts and appellate courts. |
d. |
state courts and federal courts. |
ANS:
D
REF:
59
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. |
All of the above are true. |
ANS:
B
REF:
63
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: 62
OBJ: 2
4.
What federal court has original jurisdiction over disputes between states?
|
a. |
Non-Article III Court |
c. |
Court of Appeals |
|
b. |
District Court |
d. |
Supreme Court |
ANS:
D
REF: 62
OBJ: 1
5.
An example of a court with subject matter jurisdiction is
|
a. |
traffic court. |
c. |
small claims court. |
|
b. |
juvenile court. |
d. |
all of the above. |
ANS:
D
REF:
61
OBJ: 1
6.
During the late 1700s advocates of states’ rights were known as
|
a. |
Anti-Federalists. |
c. |
Statesmen. |
|
b. |
Federalists. |
d. |
Nationalists. |
ANS:
A
REF:
65
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:
65
OBJ: 3
8.
Which of the following is not true of federal district 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. |
There is only one judge per district. |
ANS:
D
REF:
65
OBJ: 3
9.
There are _____________ District Courts in the federal system.
|
a. |
50 |
c. |
94 |
|
b. |
64 |
d. |
114 |
ANS:
C
REF:
69
OBJ: 3
10.
In 1968 Congress created
U.S. magistrate judges to replace the position of
|
a. |
U.S. commissioners. |
c. |
bankruptcy judges. |
|
b. |
U.S. attorneys. |
d. |
the U.S. Sentencing Commission. |
ANS:
A
REF:
66
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:
71
OBJ: 4
12.
Congress created the Courts
of Appeals in
|
a. |
1776. |
c. |
1891. |
|
b. |
1787. |
d. |
1929. |
ANS:
C
REF:
66
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:
76
OBJ: 4
14.
In deciding whether to
grant certiorari to hear a case, the U.S. Supreme Court utilizes
|
a. |
the rule of three. |
|
b. |
the rule of four. |
|
c. |
a recommendation from a U.S. Attorney. |
|
d. |
a majority vote. |
ANS:
B
REF: 76
OBJ: 4
15.
The U.S. Supreme Court
decides (and writes full opinions about) approximately how many cases each
year?
|
a. |
20 |
c. |
150 |
|
b. |
80 |
d. |
300 |
ANS:
B
REF:
77
OBJ: 4
16.
Magistrate judges are
|
a. |
nominated by the President and
confirmed by the Senate. |
|
b. |
elected. |
|
c. |
selected by the U.S. Supreme Court. |
|
d. |
selected by U.S. district court judges. |
ANS:
D
REF:
66
OBJ: 4
17.
Which of the following gave
the U.S. Supreme Court the power to declare an act of Congress
unconstitutional?
|
a. |
Marbury v. Madison |
|
b. |
The U.S. Constitution |
|
c. |
The Judiciary Act of 1789 |
|
d. |
The Judicial Conference of the United
States |
ANS: A
REF: 65,
67 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:
75
OBJ: 4
19.
Full-time U.S. Magistrates
serve
|
a. |
4 year terms. |
c. |
14 years terms. |
|
b. |
8 year terms. |
d. |
life terms. |
ANS:
B
REF:
66
OBJ: 4
20.
There are how many U.S.
Attorneys in each federal district?
|
a. |
1 |
c. |
23 |
|
b. |
3 |
d. |
94 |
ANS:
A
REF:
69
OBJ: 4
21.
The recent upsurge of
federal criminal cases is largely attributable to the increase in
|
a. |
diversity jurisdiction cases. |
c. |
prosecutions for violent crimes. |
|
b. |
prosecutions for gun crimes. |
d. |
drug cases. |
ANS:
D
REF:
69
OBJ: 4
22.
Drug prosecutions account
for approximately what percentage of all federal criminal cases?
|
a. |
10 |
c. |
50 |
|
b. |
30 |
d. |
65 |
ANS: B
REF:
69
OBJ: 4
23.
Prisoners are permitted to
file several types of civil lawsuits in federal courts. These may include
|
a. |
habeas corpus petitions. |
c. |
Bivens actions. |
|
b. |
mandamus petitions. |
d. |
all of the above. |
ANS:
D
REF:
72-73
OBJ: 4
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. |
All of the above. |
ANS:
A
REF:
72
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. |
slightly more than a third |
|
b. |
almost 25 percent |
d. |
close to half |
ANS:
B
REF:
76
OBJ: 4
26.
Congress adopted the
Uniform Code Military Justice in
|
a. |
1791. |
c. |
1950. |
|
b. |
1891. |
d. |
1965. |
ANS: C
REF:
79
OBJ: 6
27.
Military justice differs
from state and federal justice in which of the following ways?
|
a. |
The burden of proof is less demanding. |
c. |
The jurors are military personnel. |
|
b. |
Three- and five-person jurors are used. |
d. |
All of the above. |
ANS:
C
REF:
75
OBJ: 6
28.
A 2008
_______________________ decision declared that the President of the United
States was not allowed to imprison suspected terrorists indefinitely.
|
a. |
U.S. District Court |
c. |
U.S. Supreme Court |
|
b. |
International Court of Justice |
d. |
military tribunal |
ANS:
D
REF:
79-80
OBJ: 6
29.
The _____________ is the administrative
policymaking organization of the federal judicial system. It is comprised of 26
members that include the chief justice, the chief judges of each of the courts
of appeals, one district judge from each circuit, and the chief judge of the
Court of International Trade.
|
a. |
Judicial Conference of the U.S. |
c. |
Federal Judicial Center |
|
b. |
Administrative Office of the U.S.
Courts |
d. |
U.S. Sentencing Commission |
ANS:
A
REF:
84
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. |
Training federal judicial personnel. |
|
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 he United States. |
ANS: A
REF:
85
OBJ: 7
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: 59
OBJ: 1
2.
Appellate courts are considered finders of fact.
ANS:
F
REF:
62
OBJ: 2
3.
When cases are appealed, appellate court judges may can on witnesses to
testify.
ANS: F
REF:
63
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: 61
OBJ: 1
5.
There may be as many as 28 judges who work together to make an appellate court
decision.
ANS:
T
REF:
63
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:
T
REF:
62-63
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:
82
OBJ: 4
8.
No U.S. District Court encompasses more than one state.
ANS:
T
REF:
69
OBJ: 3
9.
Federal magistrates may try and sentence felony defendants.
ANS:
F
REF:
68
OBJ: 4
10.
All federal judges serve
during “good behavior,” which for practical purposes means for life.
ANS:
F
REF: 69 and 76 OBJ: 4
11.
A major city life Chicago
or Los Angeles prosecutes more felons in a year than the entire federal
judiciary.
ANS:
T
REF:
88
OBJ: 4
12.
All states have the same
number of U.S. District Courts.
ANS:
F
REF:
69
OBJ: 3 and 4
13.
During the 1800s the
justices of the U.S. Supreme Court had to ride the circuit, literally on
horseback or in carriages, sometimes close to 3,000 miles per year to hear
cases.
ANS:
T
REF:
66
OBJ: 3
14.
Federal district court
judges must be residents of the district in which they preside.
ANS:
T
REF:
65
OBJ: 4
15.
Prior to the Civil War the
U.S. Supreme Court was required to hear every case that was appealed to it.
ANS:
T
REF:
66
OBJ: 4
16.
In misdemeanor and petty
offense cases, U.S. magistrates may preside over trials, accept pleas of
guilty, and also impose sentences.
ANS:
T
REF:
68-69
OBJ: 4
17.
U.S. magistrates preside
over the vast majority of all civil trials in federal courts.
ANS:
F
REF:
69
OBJ: 4
18.
There are U.S. district
courts in Guam, Puerto Rico, and the Virgin Islands.
ANS:
T
REF:
69
OBJ: 3
19.
Civil lawsuits consume more
of the federal courts’ time than criminal cases.
ANS:
T
REF: 69
OBJ: 4
20.
Drug prosecutions account
for almost 30 percent of all federal criminal cases.
ANS:
T
REF:
69
OBJ: 4
21.
Federal courts apply
state—not federal—law when adjudicating state claims in federal court under
their diversity of citizenship jurisdiction.
ANS:
T
REF:
70
OBJ: 4
22.
Most crimes are state
matters.
ANS:
T
REF: 71 and 86 OBJ: 4
23.
The Americans with
Disabilities Act applies to the ways in which police officers and correctional
officials interact with people with disabilities.
ANS:
T
REF:
72
OBJ: 4
24.
Prisoner petitions make up
about 20 percent of the federal civil caseload.
ANS:
T
REF:
72
OBJ: 4
25.
Each federal circuit has a
chief judge. As a rule, the judge who has served the longest and is under
65 years old is designated the chief judge.
ANS: T
REF:
75
OBJ: 4
26.
On a military base,
military justice applies not only to members of the armed services but also to
civilian employees, and it covers acts committed by military personnel on and
off a military base.
ANS:
T
REF:
79
OBJ: 6
27.
The burden of proof necessary for conviction is less demanding
in military courts.
ANS:
T
REF:
79
OBJ: 6
28.
Like civilian courts,
twelve person juries are used for persons tried in military courts.
ANS:
F
REF:
79
OBJ: 6
29.
The U.S. Constitution does
not specify how many justices shall serve on the U.S. Supreme Court.
ANS:
T
REF:
76
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:
59
OBJ: 1
2.
_____________ jurisdiction means that a court has the authority to try a case
and decide it.
ANS: Original
REF:
62
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:
61
OBJ: 1
4.
A violation or dispute of _____________ jurisdiction if a California court were
to try a crime that happened in Oregon.
ANS: geographical
REF:
59
OBJ: 1
5.
The _____________ doctrine allows a defendant to be tried in both state and
federal courts.
ANS: dual sovereign
REF:
62-63
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:
70
OBJ: 4
7.
A writ of _____________ is issued by the U.S. Supreme Court to obtain and
reinforce the proceedings of a lower court.
ANS: certiorari
REF:
76
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:
65
OBJ: 3
9.
A prisoner _____________ is a civil lawsuit filed by an inmate alleging
violations of his or her rights.
ANS: petition
REF:
72
OBJ: 1 and 4
10.
Judicial bodies created by
Congress under Article I are commonly referred to as _____________ courts.
ANS: legislative
REF:
77
OBJ: 6
11.
The U.S. Supreme Court is
made up of _____________ justices.
ANS: 9
REF: 76
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:
84
OBJ: 7
13.
______________ petitions
have increased dramatically since 1960 and how constitute approximately 20
percent of the total civil filings in federal court.
ANS: Prisoner
REF: 73
OBJ: 4
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:
72
OBJ: 4
15.
A ____________ is a court
order that temporarily suspends activity in a case.
ANS: stay
REF:
77
OBJ: 4 and 5
16.
Captured terrorists have
recently been declared military _____________ instead of prisoners of war.
ANS: combatants
REF:
79
OBJ: 6
17.
The _____________ Court has
authority over electronic surveillance of foreign intelligence agents.
ANS: Foreign Intelligence Surveillance
REF:
80
OBJ: 6
18.
The standard of proof for
the FISA Court to issue a search warrant is _____________.
ANS: clear and convincing evidence
REF:
80
OBJ: 6
19.
One of the principal activities
of the _____________ is the education and training of federal judicial
personnel, including judges, probation officers, clerks or courts, and pretrial
service officers.
ANS: Federal Judicial Center
REF:
85
OBJ: 7
20.
Only _____________ can
authorize additional federal judgeships.
ANS: Congress
REF:
86
OBJ: 8
ESSAY
1.
A court must have jurisdiction to hear and decide a case. Venue is the
particular location or area in which a court with geographical jurisdiction may
hear a case. Explain why venue may be easily changed within the federal
system and reasons why changes in venue may be granted for federal cases.
In your answer provide 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:
59-61
OBJ: 1
2.
Explain the historical evolution of the federal courts into their present
structure and operations. In your answer be sure to touch upon debates of
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. As determined by the Act,
U.S. district courts are “state contained”—the boundaries of the district
courts are drawn along state lines. In addition, federal district court
judges must be residents of their districts. A century later, the Courts
of Appeals Act of 1891 created intermediary federal appellate courts.
REF:
63-66
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. Also noteworthy
is that only one judge presides over a case at trial. In contrast, more
than one judge participates when a case appears before an appellate court.
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:
59-63
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: 85-87 and 90
OBJ: 8
Chapter 5
THE DYNAMICS OF COURTHOUSE JUSTICE
TEST BANK
MULTIPLE CHOICE
1.
The _____________ is responsible for transporting detained defendants from the
jail to the courthouse.
|
a. |
bailiff |
c. |
sheriff’s deputy |
|
b. |
bail bondsman |
d. |
clerk of court |
ANS:
C
REF:
119
OBJ: 1
2.
Which of the following is not a
duty of the clerk of court?
|
a. |
overseeing jury selection |
|
b. |
creating a shorthand record of court
proceedings |
|
c. |
docketing cases |
|
d. |
collecting fees |
ANS:
B
REF:
121
OBJ: 1
3.
Which of the following is not a duty of a court administrator?
|
a. |
prepare written opinions for trial
cases |
c. |
prepare budgets |
|
b. |
summarize caseload data |
d. |
prepare annual reports |
ANS:
A
REF:
121
OBJ: 1
Comments
Post a Comment