America’s Courts and the Criminal Justice System 10th Edition by David W. Neubauer – Test Bank

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America’s Courts and the Criminal Justice System 10th Edition by David W. Neubauer – Test Bank

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Chapter 2

LAW AND CRIME

 

TEST BANK

 

 

MULTIPLE CHOICE

 

1.          Common law was:

a.	legislatively enacted	c.	found in only one source
b.	based on precedent	d.	first used in France

 

 

ANS: B                    REF:  29                  OBJ:  2

 

2.          The burden of proof required for a victory in a civil case is:

a.	preponderance of evidence	c.	probable cause
b.	beyond a reasonable doubt	d.	distinguished proof

 

 

ANS: A                   REF:  33                  OBJ:  5

 

3.          Much of the Bill of Rights is applicable to the states through the:

a.	4th Amendment	c.	declaratory judgment
b.	common law	d.	14th Amendment

 

 

ANS: D                   REF:  38                  OBJ:  4

 

4.          Wrongs against the public or state are tried under:

a.	civil law	c.	criminal law
b.	statutory law	d.	common law

 

 

ANS: C                    REF:  45                  OBJ:  8

 

5.          Corpus delicti is a Latin phrase meaning:

a.	guilty act	c.	guilty mind
b.	body of the crime	d.	bring the body

 

 

ANS: B                    REF:  46                  OBJ:  6

 

 

 

 

 

6.          Which of the following is not an element of a crime?

a.	Mens rea	c.	Attendant circumstances
b.	Actus reus	d.	Guilty conscience

 

 

ANS: D                   REF:  46-48             OBJ:  6

 

7.          Mens rea refers to the:

a.	guilty act	c.	scene of the crime
b.	body of the crime	d.	guilty mind

 

 

ANS: D                   REF:  47                  OBJ:  6

 

8.          Which Amendment to the U.S. Constitution prohibits unreasonable searches and seizures?

a.	1st Amendment	c.	5th Amendment
b.	4th Amendment	d.	8th Amendment

 

 

ANS: B                    REF:  38                  OBJ:  4

 

9.          Which two Amendments to the U.S. Constitution mention due process?

a.	5th and 6th	c.	5th and 14th
b.	8th and 10th	d.	8th and 14th

 

 

ANS: C                    REF:  38                  OBJ:  4

 

10.        Victims of crime are increasingly resorting to:

a.	law enforcement	c.	creationism
b.	criminal prosecution	d.	civil litigation

 

 

ANS: D                   REF:  42                  OBJ:  5

 

11.        Unlike all the other states, Louisiana derives its civil law from the:

a.	common law	c.	Spanish civic codes
b.	Nordic statutes	d.	Napoleonic Code

 

 

ANS: D                   REF:  29                  OBJ:  3

 

 

 

 

12.        A court order directing a specific action or lack of action is known as an:

a.	interdict	c.	injunction
b.	indictment	d.	interdiction

 

 

ANS: C                    REF:  42                  OBJ:  5

 

13.        An example of a legal attendant circumstance would be:

a.	the weather	c.	the defendant’s getaway vehicle
b.	the defendant’s education	d.	the amount of money or goods stolen

 

 

ANS: D                   REF:  47                  OBJ:  6

 

14.        Penalties for attempt are generally:

a.	more severe than a completed act	c.	the same as for a completed act
b.	less severe than a completed act	d.	not punished

 

 

ANS: B                    REF:  47                  OBJ:  6

 

15.        Which of the following is the highest burden of proof?

a.	Autoptic evidence	c.	Probable cause
b.	Preponderance of evidence	d.	Proof beyond a reasonable doubt

 

 

ANS: D                   REF:  33-35             OBJ:  3

 

16.        Most civil cases involve:

a.	a request for declaratory judgment	c.	a request for an injunction
b.	a request for monetary damages	d.	a request for confession of defense

 

 

ANS: B                    REF:  38                  OBJ:  5

 

17.        A common civil remedy used in drug cases is:

a.	habeas corpus	c.	asset forfeiture
b.	quo warranto	d.	declaratory damages

 

 

ANS: C                    REF:  44-45             OBJ:  5

 

 

 

 

18. The ____________________ Amendment to the U.S. Constitution grants a right

to counsel.

a.	4th	c.	6th
b.	5th	d.	8th

 

 

ANS: C                    REF:  32                  OBJ:  4

 

19.        The party who initiates a civil suit is known as the:

a.	appellant	c.	appellee
b.	victim	d.	plaintiff

 

 

ANS: D                   REF:  41                  OBJ:  5

 

20.        A statute is a form of law created by:

a.	judges	c.	governors
b.	legislatures	d.	presidents

 

 

ANS: B                    REF:  31                  OBJ:  1

 

21.        Substantive law deals only with:

a.	criminal law
b.	civil law
c.	the procedural steps in court proceedings
d.	the content (rights and obligations) of law

 

 

ANS: D                   REF:  32                  OBJ:  3

 

22.        Law is defined as a set of rules:

a.	backed by the force of the state	c.	enacted by public officials
b.	enacted in a legitimate manner	d.	all of these choices

 

 

ANS: D                   REF:  28                  OBJ:  1

 

23.        When a plaintiff files a civil lawsuit they seek to obtain:

a.	a remedy such as monetary damages or an injunction
b.	public acknowledgement of some wrong committed against them
c.	a conviction against someone who committed a crime against them
d.	none of these choices

 

 

ANS: A                   REF:  42-43             OBJ:  5

 

24.        The two major adversary actors in the criminal justice system are:

a.	judges and defense attorneys	c.	prosecutors and defense attorneys
b.	judges and prosecutors	d.	defendants and judges

 

 

ANS: C                    REF:  32                  OBJ:  3

 

25.        What constitutes a legitimate tax deduction is determined by the Internal Revenue Service, consistent with the tax code.  This is an example of what kind of law?

a.	Administrative regulation	c.	Constitutional amendment
b.	Judicial decision	d.	Statutory amendment

 

 

ANS: A                   REF:  31                  OBJ:  1

 

26.        The United States operates under the adversary system of law, characterized by which of the following important principles?

a.	Accusations of criminal conduct would not be raised against a defendant unless there was some certainty of guilt
b.	That two parties approaching the facts from entirely different perspectives offers the best chance at uncovering the truth
c.	Obtaining the truth is paramount regardless of the methods employed in uncovering it
d.	That punishment should be swift and certain

 

 

ANS: C                    REF:  32                  OBJ:  3

 

27.        Which of the following is one example of a safeguard provided by the adversarial system?

a.	The presumption of innocence
b.	A  restraining order
c.	An award for monetary damages for a person’s injuries
d.	Asset forfeiture

 

 

ANS: A                   REF:  32-33             OBJ:  3

 

 

 

 

 

 

 

28.        From the case citation Miranda v. Arizona, 384 U.S. 436 (1966), the reader knows which of the following?

a.	The decision is from the United States Supreme Court.
b.	The case was decided in 1966.
c.	The case may be found in volume 384 of the Supreme Court Reports
d.	All of these choices

 

 

ANS: D                   REF:  30                  OBJ:  1

29.        In the civil action against O.J. Simpson, the jury awarded the plaintiffs:

a.	compensatory damages
b.	punitive damages
c.	declaratory judgment
d.	both compensatory and punitive damages

 

 

ANS: D                   REF:  35-36             OBJ:  5

 

30.        When government prosecutors file an in rem asset forfeiture proceeding, and the property at issue is seized, what must the owner of the property do to get his property back?

a.	The burden of proof is on the government so the owner does not legally have to do anything.
b.	The owner must show that the property was not used illegally.
c.	The owner must have a criminal conviction against him for his property to have been seized.
d.	These types of proceedings have been declared unconstitutional by the U.S. Supreme Court.

 

 

ANS: B                    REF:  44                  OBJ:  5

 

 

TRUE/FALSE

 

1.          The use of precedent promotes fairness and consistency.

 

ANS: T                    REF:  29                  OBJ:  2

 

2.          Offenders convicted of a misdemeanor are often sentenced to a year or more in prison.

 

ANS: F                    REF:  45                  OBJ:  8

 

3.          Legislatures did not become a principal source of law in the U.S. until the 20^th century.

 

ANS: T                    REF:  31                  OBJ:  2

 

4.          The law of contracts is an area of civil law governing agreements made between parties.

 

ANS: T                    REF:  39                  OBJ:  4

 

5.          Due process of law is not actually mentioned in the U.S. Constitution.

 

ANS: F                    REF:  32                  OBJ:  4

 

6.          Civil suits may only be filed by individual citizens.

 

ANS: F                    REF:  38                  OBJ:  5

 

7.          Incorporation refers to the application of certain provisions of the Bill of Rights to the states through the 14^th Amendment.

 

ANS: T                    REF:  38                  OBJ:  4

 

8.          Violations of civil law may be punished by more than one year in prison.

 

ANS: F                    REF:  44-45             OBJ:  5

 

9.          A person may be prosecuted criminally and sued in a civil case for the same act.

 

ANS: T                    REF:  45                  OBJ:  5

 

10.        Duress is not a defense recognized by law.

 

ANS: F                    REF:  49                  OBJ:  7

 

11.        All crimes require the same level of intent.

 

ANS: F                    REF:  47                  OBJ:  6

 

12.        To be criminal, an act must be voluntary.

 

ANS: T                    REF:  46                  OBJ:  6

 

13.        Common law was developed in England for application to the lower class (commoners).

 

ANS: F                    REF:  29                  OBJ:  2

 

14.        The standard of proof for the government prosecutor under the adversary system is beyond a reasonable doubt.

 

ANS: T                    REF:  35                  OBJ:  3

 

15.        An example of a procedural safeguard in the trial process is contained in the Sixth Amendment’s Confrontation Clause.

 

ANS: T                    REF:  32                  OBJ:  3

 

16.        A prison guard may not be sued by a prison inmate.

 

ANS: F                    REF:  42-44             OBJ:  5

 

17.        Compensatory damages in a tort case represent the actual losses suffered by the plaintiff.

 

ANS: T                    REF:  39, 41            OBJ:  5

 

18.        Punitive damages in a tort case represent the actual losses suffered by the plaintiff and are frequently awarded by juries.

 

ANS: F                    REF:  41                  OBJ:  5

 

19.        Law is enacted by public officials in a legitimate manner.

 

ANS: T                    REF:  28                  OBJ:  1

 

20.        The Constitutional right to counsel applies at both criminal prosecutions and civil hearings.

 

ANS: F                    REF:  46                  OBJ:  8

 

 

COMPLETION

 

1.          Common law developed into a system of law made primarily by ____________________.

 

ANS: judges

 

REF:  29                  OBJ:  2

 

2.          A ruling in a previous case that serves as a guide in subsequent cases is known as a ____________________.

 

ANS: precedent

 

REF:  29                  OBJ:  2

 

 

 

3.          The __________________________ is the supreme and fundamental law of

the land.

 

ANS: U.S. Constitution

 

REF:  31                  OBJ:  1

 

4.          The ____________________ is the collective name for the first ten Amendments of the United States Constitution.

 

ANS: Bill of Rights

 

REF:  31                  OBJ:  1

 

5.          The protection of 4^th, 5^th, and 14^th Amendment rights during a legal proceeding is commonly referred to as _____________________.

 

ANS: due process

 

REF:  38                  OBJ:  4

 

6.          The doctrine of using precedent is also known as ____________________ .

 

ANS: stare decisis

 

REF:  29                  OBJ:  2

 

7.          Court decisions as law are often referred to as ____________________ law.

 

ANS: case

 

REF:  32                  OBJ:  1

 

8.          The burden of the state to prove guilt beyond a reasonable doubt would indicate a presumption of ____________________.

 

ANS: innocence

 

REF:  35                  OBJ:  1

 

9.          The doctrine of applying the Bill of Rights to the states through the 14^th Amendment is known as ____________________.

 

ANS: incorporation

 

REF:  38                  OBJ:  4

10.        The ____________________of a crime provide the technical definition of a crime.

 

ANS: elements

 

REF:  46                  OBJ:  6

 

11.        The defense of being unlawfully pressured into committing an act is known as ____________________.

 

ANS: duress

 

REF:  49                  OBJ:  7

 

12.        The conditions surrounding a criminal act are known as ______________________.

 

ANS: attendant circumstances

 

REF:  47                  OBJ:  6

 

13.        Courts are required to utilize a set of rules during the processing of both civil and criminal cases, this is referred to as ____________________ law.

 

ANS: procedural

 

REF:  32                  OBJ:  8

 

14.        Laws or statutes passed by local government are commonly known as municipal____________________.

 

ANS: ordinances

 

REF:  31                  OBJ:  1

 

15.        ____________________law involves a type of lawsuit filed by a person when they are injured by another person.

 

ANS: Tort

 

REF:  39                  OBJ:  5

 

16.        Alimony and child support are examples of issues raised in the law of

____________________ .

 

ANS: domestic relations

 

REF:  41                  OBJ:  5

17.        Guilty intent or guilty mind is also known as ____________________.

 

ANS: mens rea

 

REF:  47                  OBJ:  6

 

18.        The prior case with similar facts and issues that guides the decision of a new case is called ____________________.

 

ANS: precedent

 

REF:  29                  OBJ:  2

 

19.        Judges and prosecutors may have to rectify ____________________ in sentencing offenders because criminal codes are often changed piecemeal creating contradictions.

 

ANS: inconsistencies

 

REF:  49-51             OBJ:  8

 

20.        Civil asset forfeiture is termed a(n) ____________________ proceeding because the action is against the thing, not the person who owns the thing.

 

ANS: in rem

 

REF:  44                  OBJ:  5

 

21.        ____________________ is the most obvious way criminal law affects the operations of the criminal courts.

 

ANS: Sentencing

 

REF:  51                  OBJ:  8

 

 

ESSAY

 

1.          Discuss, compare and contrast civil and criminal law proceedings.  Provide examples.

 

ANS:

Who has been harmed, prosecution, penalties, and procedural differences (burden of proof). Civil law remedies private wrongs. The criminal law punishes wrongs against society.

 

REF:  38-46                                              OBJ:  5, 6

 

 

2.          Which amendments from the Bill of Rights are pertinent to criminal procedure? Describe what rights they affect or provide for defendants.

 

ANS:

Fourth Amendment: protection from unreasonable searches and seizures, Fifth Amendment: protection against self-incrimination, Sixth Amendment: right to counsel and trial by jury, and Eighth Amendment: prohibition against cruel and unusual punishment. These rights are the basis for the protection of defendants’ due process rights in criminal procedures.

 

REF:  38                                                   OBJ:  4

 

 

3.          A battered woman requests the Court enter a TRO.  A man whose gas tank exploded without any warning and severely burned him filed a complaint against the car manufacturer.  Explain what the civil remedies are in the examples above, including why civil remedies may be used to combat criminal acts. Also, provide additional examples.

 

ANS:

A temporary restraining order is a form of equitable relief that a court can give basically ordering someone or something to stop doing something. In the example above, the court may order the man to stay away from the woman until there is a preliminary hearing on the matter.  At a preliminary hearing the woman must show irreparable harm in order for the court to order a permanent injunction.  The injured man may file a complaint for both compensatory and punitive damages against the car company.  Civil cases go after a defendant’s money and the reduced standard of proof is easier to meet.  Civil asset forfeiture is a potent remedy for obtaining the goods used or obtained as a result of the illegal action.

 

REF:  41-44                                              OBJ:  5

 

 

4.          Read and brief Malloy v. Hogan (1964).  Explain the Court’s decision to incorporate the privilege against self-incrimination.

 

ANS:

Students should prepare a brief of the U.S. Supreme Court’s decision in the case (see attachment for edited case).  Discussion of the case should revolve around the concept of incorporation and the rights secured by the 4^th, 5^th & 6^th Amendments discussed in the Court’s opinion.  Students should also identify the role of incorporation in the dual court system, analyzing how incorporation affects the rights of states.

 

REF:  38-39                                              OBJ:  4

 

 

5.          In order for a defendant to be convicted of a crime the prosecution must successfully offer proof beyond a reasonable doubt of each element of the crime charged.  List the 5 elements of crime.  Do you believe it is fair that a person might not be held responsible for a crime if there is an element missing? For example, a person who does the actus reus (sells drugs to a neighbor) but who lacks the mens rea (sold the drugs because of death threats from their roommate if they didn’t complete the drug deal).

 

ANS:

Five elements of crime (corpus delicti = body of the crime) include: the guilty act (actus reus), guilty intent (mens rea), relationship between (fusion of) the guilty act and intent, attendant circumstances, and result.  Students should wrestle with the question of various defenses like duress, insanity, and self defense acknowledging that the law protects people whose actions are unlawful, but whose intentions provide a justification or excuse.

 

REF:  46-48                                              OBJ:  6, 7

`

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

 

 

ANS: D                   REF:  106                OBJ:  6

 

2.          The overwhelming majority of lower court cases consist of

a.	civil cases.	c.	ordinance violations.
b.	public order cases.	d.	traffic offenses.

 

 

ANS: D                   REF:  96                  OBJ:  3

 

3.          Which of the following is not a common name for a trial court of general jurisdiction?

a.	magistrate’s court	c.	superior court
b.	district court	d.	circuit court

 

 

ANS: A                   REF:  95                  OBJ:  1

 

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.

 

 

ANS: B                    REF:  97                  OBJ:  2 and 3

 

5.          The highest court in a state is called the court of last

a.	appeal.	c.	resort.
b.	chance.	d.	consequence.

 

 

ANS: C                    REF:  99                  OBJ:  1

 

 

 

 

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.

 

 

ANS: A                   REF:  96                  OBJ:  2

 

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.

 

 

ANS: B                    REF:  100                OBJ:  4

 

8.          Which of the following is not a trial court of limited jurisdiction?

a.	magistrate’s court	c.	municipal court
b.	justice of the peace	d.	circuit court

 

 

ANS: D                   REF:  96                  OBJ:  1

 

9.          During which time period did the court system grow the most rapidly?

a.	after the American Revolution	c.	after World War I
b.	after the Civil War	d.	after World War II

 

 

ANS: B                    REF:  95                  OBJ:  1

 

10.        Which of the following is consistent with court unification?

a.	Judges may be temporarily assigned to other courts in other places throughout the state to alleviate backlogs and reduce delay.
b.	A centralized state office supervises the work of judicial and non-judicial personnel.
c.	Decisions about the allocation of funds are made at the state and not the local level.
d.	All of the above.

 

 

ANS: D                   REF:  101-104         OBJ:  5

 

 

 

 

11.        Although tort cases account for only eight percent of all filings in major trial courts, they are the most likely to

a.	go to trial.	c.	result in the imposition of a fine.
b.	end up in a settlement.	d.	be appealed.

 

 

ANS: A                   REF:  97                  OBJ:  3

 

12.        In Ewing v. California (2002), the U.S. Supreme Court upheld the State of California’s Three Strikes Law on what grounds?

a.	The punishment was not disproportionate to the crime committed.
b.	The punishment did not violate the Eight Amendment’s prohibition against cruel and unusual punishment.
c.	Offenders who repeatedly engage in serious or violent crime may be isolated from the rest of society.
d.	All of the above.

 

 

ANS: D                   REF:  105                OBJ:  1

 

13.        Domestic violence courts generally do which of the following?

a.	These courts coordinate with community partners that provide services for victims of domestic abuse.
b.	These courts stress the importance of adversarial adjudication, which is necessary in any court.
c.	Different judges handle criminal, family-related, and divorce cases that involve the same defendant.
d.	Defendants who participate in these courts are less likely to be rearrested.

 

 

ANS: A                   REF:  107                OBJ:  6

 

14. Which of the following statements is true about trial courts of limited jurisdiction?

a.	All states have at least one trial court of limited jurisdiction.
b.	Some states do not have any trial courts of limited jurisdiction.
c.	Circuit courts are considered trial courts of limited jurisdiction.
d.	These courts focus on felony case processing.

 

 

ANS: B                    REF:  95                  OBJ:  1 and 2

 

 

 

 

 

 

15.        Which of the following states does not have any trial courts of limited jurisdiction?

a.	Massachusetts	c.	Texas
b.	New York	d.	California

 

 

ANS: A                   REF:  95                  OBJ:  1 and 2

 

16.        State trial courts receive over _____________ times the number of filings received by federal district courts.

a.	20	c.	60
b.	50	d.	80

 

 

ANS: D                   REF:  97                  OBJ:  2 and 3

 

17.        Intermediate courts of appeals typically use _____________ panels for deciding cases.

a.	rotating three-judge	c.	nine-judge
b.	rotating five-judge	d.	single-judge

 

 

ANS: A                   REF:  99                  OBJ:  4

 

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 the above.

 

 

ANS: C                    REF:  99                  OBJ:  4

 

19.        Which of the following is not true of the highest state courts?

a.	The number of judges who sit on the court varies from state to state.
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.

 

 

ANS: A                   REF:  100                OBJ:  1

 

 

 

 

20.        Which of the following is consistent with court unification?

a.	centralized jury selection
b.	integration of federal and state judicial systems
c.	localized budgeting
d.	statewide financing

 

 

ANS: D                   REF:  104                OBJ:  5

 

21.        A _____________ court system has a coherent hierarchy with authority concentrated in the state capital.

a.	structured	c.	complex
b.	systematic	d.	unified

 

 

ANS: D                   REF:  101                OBJ:  5

 

22.        A key component of court unification includes which of the following?

a.	a complex court structure	c.	local financing
b.	decentralized administration	d.	none of the above

 

 

ANS: D                   REF:  101, 104        OBJ:  5

 

23.        _____________ courts are a prime example of courts based on the concept of therapeutic jurisprudence.

a.	Drug
b.	Domestic violence
c.	Mental health
d.	Drug, domestic violence, and mental health

 

 

ANS: D                   REF:  106                OBJ:  6

 

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.

 

 

ANS: B                    REF:  106                OBJ:  6

 

25.        Sophisticated evaluations of drug courts have generated some interesting findings.  Which of the following correctly summarizes the findings from recent examinations of drug courts?

a.	Offenders who participate in drug courts are less likely to be rearrested and are more likely to hold a job.
b.	Almost everyone who is eligible to participate decides to do so.
c.	The drug court model is also effective when applied to drunk drivers.
d.	The impact of drug courts is very similar from jurisdiction to jurisdiction.

 

 

ANS: A                   REF:  106                OBJ:  6

 

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.

 

 

ANS: A                   REF:  106                OBJ:  6

 

27.        Which of the following statements correctly summarizes research findings about the effectiveness of domestic violence courts?

a.	Rates of rearrest increase among defendants adjudicated in these courts.
b.	Rates of conviction are higher in these courts.
c.	Victims and their families do not receive more services.
d.	Victims, but not defendants, are more satisfied with the court process.

 

 

ANS: A                   REF:  107                OBJ:  6

 

28.        Which of the following statements is true regarding mentally ill offenders?

a.	Researchers estimate that anywhere from 7 to 16 percent of those in jail suffer from serious mental illness.
b.	The rate of mental illness among offenders in the criminal justice system is four times that of the general adult population.
c.	The Los Angeles County Jail and New York’s Rikers Island held more people with mental illness than the largest psychiatric hospital inpatient facilities in the United States.
d.	All of the above.

 

 

ANS: D                   REF:  107                OBJ:  6

 

 

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.	There is little oversight and this produces an environment ripe for corruption.

 

 

ANS: D                   REF:  108-109         OBJ:  7

30.        The _____________ court system provides a safety valve for checking the most flagrant abuses of local justice.

a.	dual	c.	unified
b.	appellate	d.	problem-solving

 

 

ANS: A                   REF:  109                OBJ:  7

 

 

TRUE/FALSE

 

1.          Some states have no trial courts of limited jurisdiction.

 

ANS: T                    REF:  95                  OBJ:  1

 

2.          A justice of the peace court provides an example of a trial court of general jurisdiction.

 

ANS: T                    REF:  95                  OBJ:  1

 

3.          Most trial courts of limited jurisdiction are created, funded, and operated by the state.

 

ANS: F                    REF:  95-96             OBJ:  1

 

4.          County courts stood at the heart of American colonial government.

 

ANS: T                    REF:  94                  OBJ:  1

 

5.          Citizens are more likely to have contact with a trial court of limited jurisdiction than with any other type of court.

 

ANS: T                    REF:  96                  OBJ:  2

 

6.          The majority of lawsuits in trial courts of general jurisdiction are criminal matters.

 

ANS: F                    REF:  96                  OBJ:  3

 

7.          Tort cases, especially those involving automobile accidents, have steadily increased over time.

 

ANS: F                    REF:  97                  OBJ:  3

 

8.          A unified court system takes into account the different working environments of courts in densely populated cities and those in sparsely inhabited rural areas.

 

ANS: F                    REF:  104                OBJ:  5

 

9.          Lower courts are typically controlled only by local governmental bodies that create and fund them.

 

ANS: T                    REF:  95-96             OBJ:  1 and 7

 

10.        The lion’s share of the nation’s judicial business takes place at the state, not the federal, level.

 

ANS: T                    REF:  97                  OBJ:  1

 

11.        State trial courts receive over 10 times the number of filings received by federal district courts.

 

ANS: T                    REF:  97                  OBJ:  2 and 3

 

12.        Over 90 percent of criminal violations involve nonviolent crimes, such as burglary and drug offenses.

 

ANS: T                    REF:  97                  OBJ:  2 and 3

 

13.        Most criminal cases do not go to trial.

 

ANS: T                    REF:  97                  OBJ:  2 and 3

 

14.        Criminal cases account for the majority of the courts’ time.

 

ANS: F                    REF:  96                  OBJ:  2 and 3

 

15.        Personal injury lawsuits constitute the majority of civil filings.

 

ANS: F                    REF:  97                  OBJ:  3

 

16.        A century ago, state courts systems included only a single appellate body—the state court of last resort.

 

ANS: T                    REF:  99                  OBJ:  1

17.        Intermediate courts of appeals must hear all properly filed appeals.

 

ANS: T                    REF:  99                  OBJ:  4

 

18.        A decision made by a state’s intermediate appellate court is the final one for most cases.

 

ANS: T                    REF:  99                  OBJ:  4

 

19.        Some states have separate courts of appeals for civil and criminal cases.

 

ANS: T                    REF:  99                  OBJ:  1

 

20.        Appellate courts often release defendants on legal technicalities.

 

ANS: F                    REF:  99                  OBJ:  4

 

21.        Only about one in sixteen criminal defendants achieves a major victory upon appeal.

 

ANS: T                    REF:  99                  OBJ:  4

 

22.        Some states have two courts of last resort—one for civil appeals and another for criminal appeals.

 

ANS: T                    REF:  100                OBJ:  1

 

23.        Every state has nine judges on its highest court.

 

ANS: F                    REF:  100                OBJ:  1

 

24.        Supreme courts in states without intermediate courts of appeals have no power to choose which cases will be placed on their dockets.

 

ANS: T                    REF:  100                OBJ:  4

 

25.        In most states with the death penalty, if the judge imposes capital punishment, then the case is automatically appealed to the state’s highest court, thus bypassing the intermediate courts of appeals.

 

ANS: T                    REF:  100-101         OBJ:  1 and 4

 

26.        The organization of the court system is nearly identical in every state.

 

ANS: F                    REF:  101                OBJ:  5

 

 

27.        Drug court participants are diverted into treatment.  The sentencing judge, rather than a probation officer, monitors an offender’s progress.

 

ANS: T                    REF:  106                OBJ:  6

 

28.        Therapeutic drug courts operate in all 50 states.

 

ANS: T                    REF:  106                OBJ:  6

 

29.        In domestic violence courts a single judge handles multiple criminal, family court, and divorce cases involving the same defendant.

 

ANS: T                    REF:  107                OBJ:  6

 

30.        Often, it is federal—not state or local—officials who prosecute corrupt local officials.

 

ANS: T                    REF:  109                OBJ:  7

 

 

 

COMPLETION

 

1.          Courts that hear a variety of cases related to families are termed ______________ relations courts.

 

ANS: domestic

 

REF:  97                  OBJ:  3

 

2.          Trial courts of _____________ jurisdiction are sometimes referred to as inferior courts or lower courts.

 

ANS: limited

 

REF:  95                  OBJ:  1

 

3.          The principal objective of a _____________ court system is a shift in judicial administration from local control to centralized management.

 

ANS: unified

 

REF:  101                OBJ:  5

 

 

 

 

4.          The most common type of civil case involves _____________ relations.

 

ANS: domestic

 

REF:  97                  OBJ:  3

 

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.

 

ANS: federal

 

REF:  101                OBJ:  1

 

6.          Negligence lawsuits, which may include automobile accidents, fall under _____________ injury law.

 

ANS: personal

 

REF:  97                  OBJ:  3

 

7.          State supreme courts are referred to as courts of last _____________.

 

ANS: resort

 

REF:  99                  OBJ:  1

 

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.

 

ANS: limited

 

REF:  96                  OBJ:  2

 

9.          _____________ courts constitute 85 percent of all judicial bodies in the United States.

 

ANS: Lower

 

REF:  95                  OBJ:  1

 

10.        Trial courts of ____________ jurisdiction are commonly referred to as major trial courts.

 

ANS: general

 

REF:  96                  OBJ:  1

 

 

11.        ____________ cases dominate the dockets of major trial courts.

 

ANS: Civil

 

REF:  97                  OBJ:  3

 

12.        _____________ cases arise when one party claims that another party has failed to live up to the terms of an agreement and asks for monetary damages as compensation.

 

ANS: Contract

 

REF:  97                  OBJ:  3

 

13.        In addition to hearing misdemeanor and traffic cases, trial courts of limited jurisdiction also conduct the preliminary stages of _____________ case processing.

 

ANS: felony

 

REF:  96                  OBJ:  2

 

14.        _____________ judicial budgeting and administration are two characteristics of court unification.

 

ANS: Centralized

 

REF:  104                OBJ:  5

 

15.        Contemporary court reform is often identified with _____________ courts.

 

ANS: problem-solving

 

REF:  104                OBJ:  6

 

16.        Arrests for _____________ crimes represent the largest single category of police activity—more than 1.5 million per year.

 

ANS: drug

 

REF:  106                OBJ:  6

 

17.        In domestic violence courts, the emphasis is on _____________.

 

ANS: integration

 

REF:  106                OBJ:  6

 

18.        In discussing court reform, reformers generally envision a _____________-tier system.

 

ANS: three

 

REF:  104                OBJ:  5

 

19.        Public officials may become _____________ when there is no oversight of local governments or local public officials.

 

ANS: corrupt

 

REF:  109                OBJ:  7

 

20.        The rate of mental illness among offenders in the criminal justice system is _____________ times that of the general adult population.

 

ANS: four

 

REF:  107                OBJ:  6

 

 

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:

Most state courts have the following four levels of courts:  trial courts of limited jurisdiction, trial courts of general jurisdiction, intermediate appellate courts, and a court of last resort.  State trial courts of limited jurisdiction hear misdemeanors and other small matters and may also conduct the preliminary stages of felony case processing (e.g., preliminary hearings).  State trial courts of general jurisdiction have the legal authority to decide all matters not specifically delegated to the lower courts.  Felony cases, for example, are heard in trial courts of general jurisdiction.  Courts of intermediate appeals usually must hear all properly filed appeals.  Decisions made at this level are often final for most cases.  Unlike their appellate counterparts, state courts of last resort usually exercise a great deal of discretion in deciding which appeals will be heard; very few appeals are accepted.

 

REF:  95-100                                            OBJ:  1, 2, and 3

 

 

 

 

 

2.          Unified court systems and specialty of 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?

 

ANS:

Those who advocate for a unified court system seek to create a more centralized court system, with authority concentrated in the state capital.  This would allow for centralized administration, rule making, and budgeting.  Under such a model, minor and specialized courts would be consolidated; variations between county courts would be eliminated and replaced by a similar court structure throughout the state.  Critics of such an approach argue that a unified court system does not allow for a consideration of the realities of the local courthouses or their unique offender populations.  These critics argue that court reform should focus on problem solving.  Thus, specialized courts at the local level have been created to deal with specific types of offenders.  Included among these courts are drug courts, domestic violence courts, and mental health courts, to name a few.  These specialized courts rely on therapeutic jurisprudence, and preliminary evaluations have been generally positive.  In short, while the idea of a unified court system has been debated, individual jurisdictions use specialty courts to meet their needs.

 

REF:  101-104                                          OBJ:  5 and 6

 

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:

California’s Three-Strikes Law was passed in response to citizen frustration with crimes committed by repeat offenders.  The California law allows for increased penalties for defendants convicted of a third felony; only one of these convictions must be for a violent crime.  Gary Ewing was prosecuted under the law for stealing three golf clubs that were hidden up his pant’s leg.  He had previously been convicted of two other felony offenses.  Ewing received a 25-year prison sentence.  In Ewing v. California (2002), the U.S. Supreme Court upheld California’s law by stating that the seemingly harsh punishment was not disproportionate to the crime committed and that it did not violate the Eight Amendment’s prohibition against cruel and unusual punishment.  The Court further noted that offenders who repeatedly engage in serious or violent crime may be isolated from the rest of society and, thus, California’s deliberate policy choice was justified.  Critics of the law, including Ewing’s attorneys, argued that 25-year prison sentence was grossly disproportionate to the offense committed.  Under normal circumstances Ewing would have been prosecuted for a misdemeanor offense, but his criminal record marked the case as unusual. Moreover, prosecutors routinely exercise discretion as to when the law will be applied, which gives them an advantage in forcing a guilty plea among defendants who may be facing a lengthy sentence connected to a third felony.

 

REF:  105                                                 OBJ:  3