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quiz of chapters 10,11,12,13 and lectures
Celeste_Unwritten
Quiz by Celeste_Unwritten, updated more than 1 year ago
Celeste_Unwritten
Created by Celeste_Unwritten over 9 years ago
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Resource summary

Question 1

Question
Which of these are "non-traditional courts?"
Answer
  • Drug Courts
  • Communal Courts
  • Mental Health Courts

Question 2

Question
What is a Diversion Court?
Answer
  • Courts that prevent defendants from having a conviction record
  • The same as a deterrence court
  • A way of treating root causes. Criminogenic behavior

Question 3

Question
What is criminogenic behavior?
Answer
  • Mental health issues
  • Central executive issues
  • poor education
  • behaviors that could be the reason behind crime

Question 4

Question
What is the "Dual Court System"?
Answer
  • The combination of higher and lower courts within our judicial system
  • The combination of the Supreme court and municipal court
  • The combination of Felony courts and misdemeanor courts

Question 5

Question
List, in order from bottom to top, the structure of the general court system (State and Federal)
Answer
  • courts of limited jurisdiction, courts of general jurisdiction, Courts of appellate jurisdiction
  • Courts of appellate jurisdiction, courts of general jurisdiction, courts of limited jurisdiction
  • Courts of general jurisdiction, courts of limited jurisdiction, courts of appellate jurisdiction

Question 6

Question
Which is a part of the "Lower of Inferior Courts" of the State court system?
Answer
  • Magistrate's court
  • Justice of the Peace court
  • Municipal court
  • County court

Question 7

Question
What courts are a part of the "Major Trial Courts" in the State Court system?
Answer
  • Circuit Court
  • District Court
  • Superior Court
  • Municipal Court

Question 8

Question
What courts are a part of the "Intermediate Appellate Courts" in the state court system?
Answer
  • Appeals Court
  • Superior Court
  • Court of criminal appeals
  • U.S. courts of appeals

Question 9

Question
Name, in order from bottom to top, the structure of State Courts. Name the Federal Courts order
Answer
  • Lower or inferior courts, Major Trial Courts, Intermediate courts, Courts of last resort. U.S. magistrate's courts, U.S. district courts, U.S. courts of appeals, United States Supreme court.
  • U.S. Magistrate courts, Lower or inferior courts, major trial courts, U.S. district courts. U.S. district courts, U.S. courts of appeals, Intermediate appellate courts, U.S. supreme Court
  • Courts of Last resort, intermediate appellate courts, major trial courts, lower or inferior courts U.S. magistrate's courts, U.S. courts of appeals, U.S. district courts, U.S. supreme court

Question 10

Question
how many courts of limited jurisdiction are there in the United States?
Answer
  • more than 12,000
  • 11,000
  • more than 13,000
  • more than 24,000

Question 11

Question
What are some problems with lower courts?
Answer
  • neglect by bar associations, higher courts, and government agencies
  • the volume and nature of their caseloads
  • trial de novo system-the system of new trials
  • Too much funding

Question 12

Question
What can be problematic about electing judges?
Answer
  • They have to run on a political party
  • They may be bias
  • government coruption

Question 13

Question
Courts of general jurisdiction are authorized to try what type of cases?
Answer
  • criminal
  • civil
  • divorce

Question 14

Question
Name the steps in the criminal court process for Misdemeanors and Felonies in County court?
Answer
  • Arrest, Advisement, Preliminary hearing (for serious misdemeanors, optional for felonies), Arraignment, Pretrial conference/motions, trial, Sentencing
  • Advisement, hearing, motions, arraignment, trial, sentenching
  • Arrest, screening, probably cause hearing, grand jury, arraignment, bond action, pretrial hearing, trial, sentencing

Question 15

Question
Name the steps in the criminal court process for Felonies going to criminal court
Answer
  • Arrest, screening, probably cause hearing, grand jury, arraignment, bond action, pretrial hearing, trial, sentencing
  • advisement, hearing, arraignment, pretrial conference, trial, sentencing
  • arrest, advisement, hearing, arraignment, motions hearing, trial, sentencing

Question 16

Question
what are the U.S. district courts?
Answer
  • The trial courts of the federal system and the District of Columbia
  • Lower courts
  • diversion courts

Question 17

Question
How many U.S. courts of Appeals are there?
Answer
  • 10
  • 11
  • 12
  • 13

Question 18

Question
What states are in Texas' judiciary Circuit (5)?
Answer
  • Texas
  • Louisiana
  • Mississippi
  • Alabama

Question 19

Question
What did Marbury v. Madison establish?
Answer
  • The supreme court claimed, exercised, and justified its authority to review and nullify acts of Congress that it found to conflict with the constitution
  • Established presidential patronage

Question 20

Question
What is a writ of mandamus?
Answer
  • a command to perform a certain duty
  • A request for a warrant
  • A latin word that doesn't mean anything.

Question 21

Question
How does the U.S. Supreme court review cases?
Answer
  • When a federal court has held an act of congress to be unconstitutional
  • when a U.S. court of appeals has found a state statute to be unconstitutional
  • When a state's highest court of appeals has ruled a federal law to be invalid
  • When an individual's challenge to a state statute on federal constitutional grounds has been upheld y a state supreme court

Question 22

Question
What is a writ of certiorari?
Answer
  • When the supreme court decides which cases it will hear
  • a writ of review issued by the court ordering a lower court to "forward up the record" of a case it has tried

Question 23

Question
What is the Rule of Four?
Answer
  • When for or more justices feel that a case merits consideration by the full court
  • A square will always have four sides

Question 24

Question
Some nontraditional courts according to the book?
Answer
  • Drug courts
  • Spring Break courts
  • Stadium Courts
  • College courts

Question 25

Question
What is the Missouri plan?
Answer
  • A hybrid plan advocated by the American Bar Association that implements appointment and election for judges. First a judge is appointed, then when the next election comes up, the people decided to keep the judge.
  • The compromise that some states can appoint judges while others would have to elect them.

Question 26

Question
What are the responsibilities of prosecutors?
Answer
  • Enforcing the law
  • Representing the government in matters of law
  • Representing the government and the people in matters of legislation and criminal justice reform.

Question 27

Question
What are the responsibilities of appeals judges?
Answer
  • determining whether the proper procedures were followed in the presentation of the appeal
  • examining the written brief, the trail record, or other materials that may have been filed
  • Presiding over any oral arguments
  • weighing the facts of the case and the nature of the appeal in order to arrive at a decision
  • negotiating a decision through vote, persuasion, or compromise in cases in which more than one judge hears the appeal
  • Preparing a written opinion that details the logic and reasons for the decision

Question 28

Question
What is nolle prosequi?
Answer
  • a formal statement of unwillingness to proceed further in a particular case
  • allowing defendants to plead guilty to a reduced charge or charges
  • A written or oral debate

Question 29

Question
What happened in United States v. Cowen?
Answer
  • Two aspects of prosecutorial discretion were involved: the nol. pros. and plea negotiation
  • Miranda rights
  • The right to an attorney

Question 30

Question
What happened in Brady v. United States?
Answer
  • Formally acknowledged the practice of plea negotiation
  • Gave defendants the right to an attorney
  • Expanded the scope of search warrants

Question 31

Question
What is a motion?
Answer
  • an application made to the court of the judge requesting an order or ruling in favor of the applicant
  • movement to adjourn

Question 32

Question
What is an expert witness?
Answer
  • called into court to provide technical information and opinions about matters of which the judge or jury may have no knowledge
  • a citizen bystander that witnessed everything
  • an arresting officer who has some knowledge of the acts of the case

Question 33

Question
Powell v. Alabama did what?
Answer
  • Extended the sixth amendment; right to counsel, but only to defendants who were indigent, who were facing the death penalty, illiterate, or other handicap
  • Expanded search and seizure procedures
  • Established firm 8th amendment protocols

Question 34

Question
What is in forma pauperis
Answer
  • in the form of a poor man; in the character of a poor person
  • A informal letter or paper

Question 35

Question
Argersinger v. Hamlin did what?
Answer
  • Supreme court ruled that the right to counsel applies not only to state defendants charged with felonies but in all trials of persons for offenses serious enough to warrant a jail sentence
  • Supreme court ruled that police officers can do a plain feel search

Question 36

Question
What does a withhold of adjudication mean?
Answer
  • If the court withholds the adjudication of guilt the court has not convicted you
  • You have waived your right to counsel

Question 37

Question
What does Bail mean?
Answer
  • a form of security guaranteeing that a defendant in a criminal proceeding will appear and be present in court at all times as required
  • When you flake out on plans

Question 38

Question
What is the term for a third party that posts bond of an accused person
Answer
  • surety
  • bondsperson

Question 39

Question
What did Stack v. Boyle do?
Answer
  • address issues of excessive bail
  • set a limit to the amount of bail that can be given to a person
  • Made it clear that the purpose of bail is to assure the defendant's attendance in court when his presence is required.

Question 40

Question
What way(s) can an individual meet bail?
Answer
  • The accused may post the full amount of the bond in cash
  • Many jurisdictions allow a defendant (or family and friends) to put up property as collateral)
  • Use the services of a bond agent
  • Issue a personal check

Question 41

Question
What are some criticisms of the Bail System?
Answer
  • Bail tends to discriminate against the poor
  • Bail setting is totally discretionary on the part of the judge
  • the court has little time to investigate the background of the accused and, hence, cannot adequately determine the degree of risk
  • As a means of protecting the community against offenders who are viewed as risks to social welfare and safety, bail is set so high that it can rarely be met

Question 42

Question
What is a bench warrant?
Answer
  • A capias
  • When the defendant fails to appear in court as required. A bench warrant is authorized for their arrest
  • When a judge needs a new bench

Question 43

Question
What is a ROR?
Answer
  • The fraternity that Mike and Sully wanted to get into in Monster's University
  • Release on recognizance; defendants are released in the custody of contacts without paying anything

Question 44

Question
is an information a document filed by the prosecutor that states the formal charges, the statutes that have been violated, and the evidence supporting the charges?
Answer
  • True
  • False

Question 45

Question
What is a presentment?
Answer
  • a formal charging document issued by a grand jury on the basis of evidence presented to it by the prosecutor
  • A written notice of accusation issued by the grand jury. Comes from the initiative of the grand jury, based on its own knowledge and observation.

Question 46

Question
Did Hurtado v. California rule that the grand jury was merely a form of procedure that the states could abolish at will?
Answer
  • True
  • False

Question 47

Question
United States v. Calandra address the role of the exclusionary rule in grand jury proceedings
Answer
  • True
  • False

Question 48

Question
What is transactional immunity?
Answer
  • a witness is granted immunity against prosecution in return for testifying
  • People from other countries that commit a crime in U.S. soil have immunity
  • A person is put into witness protection

Question 49

Question
"Use immunity" is a limited immunity that prohibits the government only from using the witness's compelled testimony in a subsequent criminal proceeding?
Answer
  • True
  • False

Question 50

Question
What does nolo contendere mean?
Answer
  • no contest
  • guilty plea
  • new contest

Question 51

Question
What is double jeopardy?
Answer
  • Two trials for one offense
  • A question on the hit tv show in which a contestant can earn more money than is usually afforded to that particular category/question

Question 52

Question
Which supreme court cases deal with double jeopardy?
Answer
  • Palko v. Connecticut
  • Benton v. Maryland
  • Downum v. United States
  • Malbury v. Madison

Question 53

Question
A bill of particulars is a written statement that specifies additional facts about the charges contained in the information or indictment
Answer
  • True
  • False

Question 54

Question
A motion for severance of charges requests that each specific charge not be tried as a separate case
Answer
  • True
  • False

Question 55

Question
The sixth amendment promises a speedy trial
Answer
  • True
  • False

Question 56

Question
Klopfer v. North Carolina made sure that states had to ensure a speedy trial. Before, it was only at a federal level.
Answer
  • True
  • False

Question 57

Question
The Speedy Trail Act of 1974 ensured what?
Answer
  • A reduction in delays in federal trials
  • A reduction in delays in state trials

Question 58

Question
Duncan v. Louisiana settled the discrepancy of the right to a trial by jury "in all criminal prosecutions". It hadn't been fully binding in state trials
Answer
  • True
  • False

Question 59

Question
Venire, or venire facias, is the writ that summons jurors.
Answer
  • True
  • False

Question 60

Question
What does voir dire mean?
Answer
  • To speak the truth
  • To not speak the truth
  • A type of food

Question 61

Question
Batson v. Kentucky did what?
Answer
  • Prevent juries from not having minorities. Provided a jury of one's peers.
  • Examined the 8th amendment.
  • The right to counsel was extended to minorities

Question 62

Question
J.E.B. v. Alabama ex rel T.B. made the exclusion of a certain gender in juries unconstitutional
Answer
  • True
  • False

Question 63

Question
What is a sequestration?
Answer
  • the removal of the jurors (and alternates, if any) from all possible outside influence.
  • Those people that ride horses
  • A discharging of the jury without a verdict

Question 64

Question
Evidence in chief is the first, or direct, examination of a witness
Answer
  • True
  • False

Question 65

Question
What is retribution?
Answer
  • An effort to make the punishment as analogous as possible to the nature of the crime. Punishment is proportional to the crime.
  • The desire to punish criminals because society gains some measure of satisfaction from seeing or knowing that they are punished

Question 66

Question
What is Victim impact evidence?
Answer
  • a statement of harm suffered by the victim or the victim's family as a result of the offender's actions
  • The removal of dangerous persons from the community

Question 67

Question
What is the difference between deterrence and rehabilitation?
Answer
  • Deterrence refers to the prevention of criminal acts by making examples of individuals convicted of a crime. Rehabilitation rests on the premise that people who commit crimes have identifiable reasons for doing so and that these can be discovered, addressed, and altered
  • There is no difference

Question 68

Question
Indeterminate sentencing are flat, fixed, or straight sentences, it has no set minimum or maximum but, rather, a fixed period of time.
Answer
  • True
  • False

Question 69

Question
Truth-in-sentencing law requires offenders to serve a substantial portion of their sentences.
Answer
  • True
  • False

Question 70

Question
Allocution is the right of a convicted offender to address the court personally prior to the imposition of sentence.
Answer
  • True
  • False

Question 71

Question
What was the first supreme court case that invalidated a criminal punishment on eighth amendment grounds?
Answer
  • Weems v. United States
  • Wainwright v. Illinois
  • Mapp v. Ohio

Question 72

Question
Witherspoon v. Illinois was the first indication that the death penalty might be in trouble
Answer
  • True
  • False

Question 73

Question
Furman v. Georgia found the death penalty to be unconstitutional
Answer
  • True
  • False

Question 74

Question
What was the issue in Gregg v. Georgia?
Answer
  • Georgia's new bifurcated trial structure
  • Racial prejudice in sentencing

Question 75

Question
Coker v. Georgia placed limitations on the imposition of capital sentences
Answer
  • True
  • False

Question 76

Question
In Lockhart v. McCree, the court asserted that even if juries that support the death penalty are "conviction prone" this in itself does not violate any constitutional provisions
Answer
  • True
  • False

Question 77

Question
In Tison v. Arizona, the Court held that a defendant who does not intend to commit murder and who does not actually commit murder may not be executed when he or she participated in a felony that leads to murder and is found to have exhibited "reckless indifference" for human life
Answer
  • True
  • False
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