America’s Courts and the Criminal Justice System 12th Edition by David W. Neubauer – Test Bank

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America’s Courts and the Criminal Justice System 12th Edition by David W. Neubauer – Test Bank

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Chapter 2

LAW AND CRIME

 

TEST BANK

 

MULTIPLE CHOICE

 

 

1. The key characteristics of common law include all of the following, except:
2. predominately judge-made                     c.     found in multiple sources
3. based on justice                                       d.     applies rules of law found in previous cases

 

ANS:   B         REF:    The Common Law Heritage   OBJ:    2          KEY: Bloom’s: Remember

 

 

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.	reasonable suspicion

 

ANS:   A         REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

 

3. Much of the Bill of Rights has been made applicable to the states through the:

a.	Fourth Amendment	c.	legislative process
b.	doctrine of precedent	d.	Fourteenth Amendment

 

ANS:   D         REF:    The Rights of the Accused     OBJ:    3          KEY: Bloom’s: Remember

 

 

4. The prosecution always bears the burden of persuading the trier-of-fact that the defendant:
5.  is guilty based on clear and convincing evidence.
6.  committed the majority of the elements of the crime(s) charged
7.    committed each and every element of the crime(s) charged
8. is guilty and deserves to be punished to the fullest extent of the law

 

ANS:   C         REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

 

5. In what type of plea bargain does the defendant plead guilty to a less serious offense than the one charged?

a.	sentence bargaining	c.	defense bargaining
b.	charge bargaining	d.	prosecution bargaining

 

ANS:   B         REF:    Effects of Criminal Law on the Courts          OBJ:    8          KEY: Bloom’s: Remember

 

 

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:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Remember

 

 

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:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Remember

 

 

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

a.	First Amendment	c.	Fifth Amendment
b.	Fourth Amendment	d.	Eighth Amendment

 

ANS:   B         REF:    The Rights of the Accused     OBJ:    4          KEY: Bloom’s: Remember

 

 

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

a.	Fifth and Sixth	c.	Fifth and Fourteenth
b.	Eighth and Tenth	d.	Eighth and Fourteenth

 

ANS:   C         REF:    The Rights of the Accused     OBJ:    4          KEY: Bloom’s: Remember

 

10. Victims of crime are increasingly resorting to:

a.	notifying law enforcement	c.	vigilantism
b.	criminal prosecution	d.	civil litigation

 

ANS:   D         REF:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

11. What is the name of rules and regulations adopted by administrative agencies that have the force of law?

a.	statutory regulations	c.	administrative regulations
b.	constitutional regulations	d.	due process regulations

 

ANS:   C         REF:    The Common Law Heritage   OBJ:    2          KEY: Bloom’s: Remember

 

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

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

 

ANS:   C         REF:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

 

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

a.	the credibility of eyewitnesses	c.	the defendant’s getaway vehicle
b.	the defendant’s character	d.	the amount of money or goods stolen

 

ANS:   D         REF:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Remember

 

14. The primary justification for providing constitutional safeguards in the criminal justice process is to ensure that:
15.  innocent persons are not harassed or wrongly convicted
16.   the guilty are punished
17.  society administers justice to the accused
18.   convictions are not overturned on appeal

 

ANS:   A         REF:    The Rights of the Accused     OBJ:    4          KEY: Bloom’s: Remember

 

 

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

a.	Clear and convincing evidence	c.	Probable cause
b.	Preponderance of evidence	d.	Proof beyond a reasonable doubt

 

ANS:   D         REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

16. What is the body of rules, other than criminal law, that governs private parties?

a.	inheritance law	c.	production law
b.	civil law	d.	attempt law

 

ANS:   B         REF:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

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

a.	writ of habeas corpus	c.	asset forfeiture
b.	mandatory minimum sentences	d.	declaratory damages

 

ANS:   C         REF:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

18. This Amendment to the U.S. Constitution guarantees the right to counsel.

a.	Fourth	c.	Sixth
b.	Fifth	d.	Eighth

 

ANS:   C         REF:    Criminal Law Overview         OBJ:    4          KEY: Bloom’s: Remember

 

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

a.	Appellant	c.	appellee
b.	Victim	d.	plaintiff

 

ANS:   D         REF:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

 

20. Laws created by federal and state legislatures are known as:
21.  ordinances                                               b.     administrative regulations
22. statutes                                                    c.     legislation

 

ANS:   B         REF:    The Common Law Heritage   OBJ:    2          KEY: Bloom’s: Remember

 

21. The guilty act, guilty intent, relationship between guilty act and guilty intent, attendant circumstances, and results combined make up what is known as…

a.	elements of juvenile delinquency
b.	elements of administrative law
c.	elements of civil law
d.	elements of a crime

 

ANS:   D         REF:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Remember

 

22. Infancy and insanity are known as:
23. substantive defenses                               c.     justification defenses
24. excuse defenses                                      d.     mental incapacity defenses

ANS:   B         REF:    Criminal Law Overview         OBJ:    7          KEY: Bloom’s: Remember

 

23. When legislatures increase the harshness of criminal penalties, how do courts often respond?

a.	the courts mitigate that harshness
b.	the courts support that harshness
c.	the courts implement that harshness
d.	the courts apply that harshness

 

ANS:   A         REF:    Effects of Criminal Law on the Courts          OBJ:    8          KEY: Bloom’s: Remember

 

24. Which of the following is not one of the five major areas of civil law?

a.	tort	c.	property
b.	contract	d.	all of these area major areas of civil law

 

ANS:   D         REF:    Overview of Civil Law           OBJ:    5          KEY: Bloom’s: Remember

 

25. What is the name of a crime that is generally punishable by a fine or up to a year in jail?
26.  felony crime                                           c.     delinquent crime
27.  misdemeanor       crime                           d.     property crime

 

ANS:   B         REF:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Remember

 

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:   B         REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

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

a.	The presumption of equality
b.	Pretrial detention of defendants
c.	The right to compensation for losses suffered
d.	The right to cross-examination

 

ANS:   D         REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

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

a.	The decision is in favor of the defendant.
b.	The case was a criminal case.
c.	The case is in volume 384 of the Supreme Court Reports.
d.	The case is found on page 1966.

 

ANS:   C         REF:    The Common Law Heritage   OBJ:    2          KEY: Bloom’s: Remember

 

29. When a defendant bears the burden of persuasion to prove a defense, it is called a(n):
30.    alibi defense                                            c.     defense rebuttal
31. affirmative defense                                 d.     violation of due process

 

ANS:   B         REF:    The Adversary System            OBJ:    7          KEY: Bloom’s: Remember

 

30. What type of proof is necessary to arrest, conduct a search or seize evidence?

a.	probable cause
b.	reasonable suspicion
c.	beyond a reasonable doubt
d.	clear and convincing evidence

 

ANS:   A         REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

 

31. Criminal trials start with two presumptions: the presumption of innocence and the presumption of:
32. sanity c.     zealous representation
33. equality d.     judicial activism

 

ANS:   A         REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

32. What type of law in the United States places a heavy emphasis on protecting the rights of individuals?
33. procedural law c.     substantive law
34. inferential law d.     administrative law

 

ANS:   A         REF:    The Rights of the Accused     OBJ:    4          KEY: Bloom’s: Remember

 

33. Which of the following is not a major area of civil law?
34. personal injury c.     divorce and child custody
35. inheritance/probate d.     juvenile delinquency

 

ANS:  D          REF:    Civil Law Overview   OBJ:  5            KEY: Bloom’s: Remember

 

34. This doctrine requires a judge to decide a case by applying the rule of law found in previous cases, provided the facts are similar.
35. selective incorporation c.     precedent
36. judicial restraint                          d.     jurisprudence

 

ANS:  C          REF:    The Common Law Heritage   OBJ:  2            KEY: Bloom’s: Remember

 

35. The adversary system incorporates a series of checks and balances aimed at curbing political misuse of the criminal courts through:
36. incorporation of rights                 c.     prosecutorial discretion
37. diffusion of powers                         d.     judicial activism

 

ANS:  B          REF:    The Adversary System            OBJ:  3            KEY: Bloom’s: Remember

 

36. The mental state, or criminal intent, required for a crime to have been committed is referred to as…
37. actus reus c.     corpus delicti
38. mens rea d.     result

 

ANS:  C          REF:    Criminal Law Overview         OBJ: 6             KEY: Bloom’s: Remember

 

37. What is the legal doctrine whereby the Supreme Court ruled that the due process clause of the Fourteenth Amendment made some provisions of the Bill of Rights applicable to the states?
38. selective incorporation c.     precedent
39. stare decisis d.     remedy

 

ANS:  A          REF:    The Rights of the Accused     OBJ: 4             KEY: Bloom’s: Remember

 

 

38. The level of proof for an officer to conduct a brief, limited, investigative detention (“stop

and frisk”) is:

1. probable cause c.     clear and convincing evidence
2. mere suspicion d.     reasonable suspicion

 

ANS:  D          REF:    The Adversary System            OBJ: 3             KEY: Bloom’s: Remember

 

CRITICAL THINKING SCENARIOS

 

 

CASE 2.1

 

After confessing to racketeering, Nicky Cheeks’ (through his high-priced mob attorney) is now saying that his confession was coerced and that his waiver of Miranda rights was not valid, therefore his confession should not be admissible in court.

 

39. By what standard of proof is the prosecution now required to prove the validity of Nicky’s waiver of rights?
40. No standard, it is the responsibility of the defense to prove the waiver was not valid.
41. Probable cause
42. Preponderance of the evidence
43. Proof beyond a reasonable doubt

 

ANS:  C          REF:    The Adversary System            OBJ: 3             KEY: Bloom’s: Apply

 

40. Under the adversary system, it is the responsibility of the defense attorney to:
41. prove the defendant not guilty by a preponderance of the evidence.
42. argue for the client’s innocence and assert legal protections.
43. dispute all evidence presented by the prosecution.
44. present a defense that counters all claims made by the prosecution.

 

ANS:  B          REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Apply

 

 

CASE 2.2

 

Joe Smith suffers from paranoid schizophrenia.  He has been under a doctor’s care for ten years, but often stops taking his medication because he thinks he’s cured.  While off his medication, Joe steals a car to “escape from a CIA hit man,” accidentally running over and seriously injuring a pedestrian in the process.  Joe is arrested and charged with several felonies.  His public defender believes he is not guilty by reason of insanity.

 

41. Which of the following is true regarding the use of the insanity defense in this case?
42. In addition to the burden of proving the elements of the offense, the prosecution bears the additional burden of proving the defendant is not insane.
43. With increasing public awareness regarding mental illnesses, the insanity defense has         become more commonly presented and is often successful.
44. The defense bears the burden of proving the defendant’s insanity, often an expensive proposition.
45.  If acquitted, Joe will likely spend less time in a mental facility than in jail or prison.

 

ANS:  C          REF:    Criminal Law Overview         OBJ:    7          KEY: Bloom’s: Apply

 

 

 

 

 

 

 

 

CASE 2.3

 

Roberta picks her toddler up at the daycare after she gets off work. The child is asleep in her car seat and Roberta decides to stop off at the local pool hall for a beer and to talk to some friends for a little while. She leaves the child in the car while she goes inside. She winds up staying for a second beer and a couple of line dances. The temperature in the car reaches 120 degrees and the child dies of hyperthermia.  Roberta, though not very bright, would never intentionally harm her child.

 

42. Which of the following elements is apparently lacking in this scenario?

 

1. actus reus c.   mens rea
2. omission d.   criminal result

 

ANS:  C          REF:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Apply

 

43. Which of the followings statements regarding Roberta’s criminal liability is true?

 

1. Roberta is not guilty because this tragedy was an accident.
2. Roberta is not guilty because although she was negligent, she had no criminal intent to harm

her child.

1. Roberta is guilty because she intentionally left her child in the car and the same intent

applies to any harm that results.

1. Roberta is guilty because she had a legal duty to keep her child safe—her negligent

omission resulted in the child’s death.

 

ANS:  D          REF:    Criminal Law Overview OBJ:            6          KEY: Bloom’s: Apply

 

CASE 2.4

 

Uniformed officers are driving a marked car into an area known for heavy drug trafficking, intending to investigate drug activity and anticipating encountering drug customers and lookouts.  One officer sees the suspect standing next to a building and holding an opaque bag.  The suspect looks in the direction of the officers and flees.  The officers turn their car, watch the suspect run through an alley, and eventually corner him on the street.  One officer leaves the car, stops the defendant, and conducts a frisk of the defendant, discovering a concealed handgun.

 

44. Which of the following statements is true regarding the legality of the “stop and frisk”?

 

1. The stop was illegal. The officers did not have specific, articulable facts to justify the stop.
2. The stop was legal. A brief investigative stop can be justified by the circumstances.
3. The stop was legal. The gun provided probable cause to justify the stop, a standard of proof higher than reasonable suspicion.
4. The stop was illegal. The officers didn’t find any drugs on the suspect.

 

ANS:  B          REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Apply

 

45. Which of the following facts cannot be used to provide justification for the stop?
46. It was an area known for heavy drug trafficking.
47. The suspect was standing next to a building holding an opaque bag.
48. The suspect’s unprovoked flight upon seeing the officers.
49. Discovery of the concealed handgun.

 

ANS:  D          REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Apply

 

TRUE/FALSE

 

1. The use of precedent promotes fairness and consistency.

 

ANS:   T          REF:    The Common Law Heritage   OBJ:    2          KEY: Bloom’s: Remember

 

 

2. “Beyond a reasonable doubt” means over 95% certainty of guilt.

 

ANS:   F          REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

 

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

 

ANS:   T          REF:    The Common Law Heritage   OBJ:    2          KEY: Bloom’s: Remember

 

 

4. Tort law includes any wrong, hurt, or damage done to a person’s rights, body, reputation, or property.

 

ANS:   T          REF:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

 

5. The most obvious way criminal law affects the operation of the criminal courts is in sentencing.

 

ANS:   T          REF:    Effects of Criminal Law on the Courts          OBJ:    8          KEY: Bloom’s: Remember

 

 

6. Variations in the definitions of crimes make the criminal courts fertile ground for plea bargaining.

 

ANS:   F          REF:    Effects of Criminal Law on the Courts          OBJ:    8          KEY: Bloom’s: Remember

 

 

7. Selective incorporation refers to the application of certain provisions of the Bill of Rights to the states through the Fourteenth Amendment.

 

ANS:   T          REF:    The Rights of the Accused     OBJ:    4          KEY: Bloom’s: Remember

 

 

8. Democratic governments derive their powers from the law.

 

ANS:   F          REF:    The Rights of the Accused     OBJ:    4          KEY: Bloom’s: Remember

 

 

9. The most controversial defense of justification is insanity.

 

ANS:   F                      REF:    Criminal Law Overview         OBJ:    7          KEY: Bloom’s: Remember

 

10. Necessity is not a defense recognized by law.

 

ANS:   F          REF:    Criminal Law Overview         OBJ:    7          KEY: Bloom’s: Remember

 

11. The mental state required for a crime to have been committed is referred to as the actus reus.

 

ANS:   F          REF:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Remember

 

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

 

ANS:   T          REF:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Remember

 

13. One of the five major areas of civil law is domestic relations law.

 

ANS:   T          REF:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

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

 

ANS:   T          REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

 

15. An example of a procedural safeguard in the trial process is contained in the Sixth Amendment’s right to confront witnesses.

 

ANS:   T          REF:    The Adversary System           OBJ:    4          KEY: Bloom’s: Remember

 

16. The Fourth Amendment guarantees freedom from search and seizure.

 

ANS:   F          REF:    The Rights of the Accused     OBJ:    4          KEY: Bloom’s: Remember

 

17. A failure to act when there is a legal duty to act can also qualify as “actus reus.”

 

ANS:   T          REF:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Remember

 

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

 

ANS:   F          REF:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

19. The burden of persuasion is the obligation of a party to prove a fact to a certain level.

 

ANS:   T          REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

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

 

ANS:   F          REF:    Criminal Law Overview         OBJ:    4          KEY: Bloom’s: Remember

 

21. Law is a body of rules enacted by public officials in a legitimate manner and back by the force of the state.

 

ANS:  F           REF:    The Basis of Law        OBJ:  1            KEY: Bloom’s: Remember

 

22. Administrative regulations are the newest, fastest growing, and least understood source of law.

 

ANS:  T           REF:    The Common Law Heritage   OBJ:  2            KEY: Bloom’s: Remember

 

23. Due process requires that no law or government procedure should be arbitrary or capricious.

 

ANS:  T           REF:    The Rights of the Accused     OBJ:  4            KEY: Bloom’s: Remember

 

24. The doctrine of stare decisis (“let the decision stand”) precludes judges from overturning previous decisions.

 

ANS:  F           REF:    The Common Law Heritage   OBJ:  2            KEY: Bloom’s: Remember

 

 

25. The right to cross-examination is guaranteed by the Sixth Amendment.

 

ANS:  T           REF:    The Adversary System            OBJ:  4            KEY: Bloom’s: Remember

 

 

COMPLETION

 

1. The basis of law can be summarized in two words: _____  conflict.

 

ANS:   human

 

REF:    The Basis of Law        OBJ:    1          KEY: Bloom’s: Remember

 

2. A ruling in a previous case that serves as a guide in deciding subsequent cases with similar circumstances is known as a _____.

 

ANS:   precedent

 

REF:    The Common Law Heritage   OBJ:    2          KEY: Bloom’s: Remember

 

3. In every criminal case the prosecution must prove what is known as _____, a Latin phrase meaning “body of the crime.”

 

ANS:   corpus delicti

 

REF:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Remember

 

4. The _____ is the name for the first ten Amendments of the U. S. Constitution.

 

ANS:   Bill of Rights

 

REF:    The Common Law Heritage   OBJ:    1          KEY: Bloom’s: Remember

 

5. Law is both substantive and _____.

 

ANS:   procedural

 

REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

6. _____ are conclusions or deductions that can be made based on the facts that have been established by the evidence.

 

ANS:   Inferences

 

REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

7. _____ is independently verifiable factual information that supports the conclusion that there is a “fair probability” that a crime occurred or that a particular person was involved in a crime.

 

ANS:   Probable cause

 

REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

8. One of the most fundamental protections recognized in the American criminal justice process is the presumption of _____.

 

ANS:   innocence

 

REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

9. The doctrine of applying the Bill of Rights to the states through the Fourteenth Amendment is known as _____.

 

ANS:   selective incorporation

 

REF:    The Rights of the Accused     OBJ:    4          KEY: Bloom’s: Remember

 

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

 

ANS:   elements

 

REF:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Remember

 

11. Family disputes fall into the _____ category of civil law.

 

ANS:   domestic relations

 

REF:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

12. In a limited number of criminal offenses, the _____  of the illegal act plays a critical part in defining the crime.

 

ANS:   result

 

REF:    Criminal Law Overview         OBJ:    6          KEY: Bloom’s: Remember

 

13. A successful mistake of fact defense negates the _____ of the crime with which the defendant is charged.

 

ANS:   mens rea

 

REF:    Criminal Law Overview         OBJ:    7          KEY: Bloom’s: Remember

 

14. _____ are the best known aspects of procedural law.

 

ANS:   Trials

 

REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

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

 

ANS:   Tort

 

REF:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

16. _____ are agreements between two or more persons involving a promise supported by mutual obligation.

 

ANS: Contracts

 

REF:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

17. The three key characteristics of common law are: judge-made law, precedent, and _____  sources of law.

 

ANS:   multiple

 

REF:    The Common Law Heritage   OBJ:    2          KEY: Bloom’s: Remember

 

18. Brief, limited investigative detentions (“stop and frisk”) are also known as _____ stops as a result of the landmark Supreme Court decision authorizing them.

 

ANS:   Terry

 

REF:    The Adversary System            OBJ:    3          KEY: Bloom’s: Remember

 

19. 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:    Civil Law Overview   OBJ:    5          KEY: Bloom’s: Remember

 

20. _____ is the most obvious way criminal law affects the operations of the criminal courts.

 

ANS:   Sentencing

 

REF:    Effects of Criminal Law on Courts    OBJ:    8          KEY: Bloom’s: Remember

 

 

ESSAY

 

1. Contrast civil and criminal law proceedings.

 

ANS:

A crime is public wrong, codified in law, prosecuted by the state, must be proven beyond a

reasonable doubt, and consequences can range from fines or imprisonment to the death penalty.

A tort is a civil wrong against an individual and it is up to the individual to bring legal action.

Torts only require a showing of a preponderance of the evidence and the consequences are not

considered to be as severe, usually limited to injunctions or financial awards to compensate the

victim.  An act can be both a tort and a crime, and failure to prove guilt in a criminal case does

not preclude a victory in civil court, an example being the O.J. Simpson case.

 

REF:    Civil Law Overview, Criminal Law Overview                       OBJ:    5, 6      KEY: Bloom’s: Understand

 

 

 

 

 

 

 

 

 

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

 

ANS:

The Fourth Amendment provides protection against unreasonable searches and seizures and outlines warrant requirements.  The Fifth Amendment provides the right against self-incrimination and against double jeopardy.  The Sixth Amendment provides the right to counsel, a speedy and public trial by jury, the right to confront and cross-examine witnesses, and the right to compel witnesses to appear and testify.  The Eighth Amendment prohibits cruel and unusual punishments and excessive bail and fines.  These rights are the basis for the protection of defendants’ due process rights in criminal procedure.  All of these Amendments in the Bill of Rights (the first ten Amendments to the Constitution) have been incorporated to apply to state criminal proceedings through the Fourteenth Amendment.

 

REF:    The Rights of the Accused                 OBJ:    4          KEY: Bloom’s: Understand

 

 

3. Identify and explain the importance of the three key characteristics of the common law.

 

ANS:

The three key characteristics of common law are: judge-made law, precedent, and multiple sources of law. Until the late 19^th century, no important body of statutory law existed in either England or the United States. Rather, judges organized social relationships through law. Although legislation bodies, not the courts, now define crimes, contemporary statutory definitions often reflect their common law heritage. The doctrine of precedent requires a judge to decide a case by applying the rule of law found in previous cases, provided the facts in the current case are similar to the facts in the previous cases. By following previous court decisions, the legal system promotes the twin goals of fairness and consistency. Multiple sources of law means that it is not sufficient to look only at the legislative act when defining a crime. It is also necessary to know how the courts have interpreted the statute. Depending on the issue, the applicable rules of law may be found in constitutions, statutes, state administrative regulations, or court decisions.

 

REF:    The Common Law Heritage               OBJ:    2          KEY: Bloom’s: Understand

 

 

4. Discuss why legislatures have become the principal source of law beginning in the early 20^th century to the present.

 

ANS:

In the early 20^th century, the rapidly industrializing society was faced with new types of problems, such as how to protect the interests of workers and consumers.  The cautious approach to problem solving of the common law courts would not work when dealing with questions of such a broad scope.  The increasing complexity of society required legislators to enact broad rules of law with the precision and detail needed to address immediate problems.

 

The large number of governmental bureaucracies that exist today are authorized by federal, state, and local governments to issue rules and regulations consistent with principles specified in a statute or municipal ordinance.  Administrative regulations are the newest, fastest-growing, and least understood source of law.  The federal government alone issues thousands of pages of new rules and policies each year.

 

REF:    The Common Law heritage                OBJ:    2          KEY: Bloom’s: Understand

 

 

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 five 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:    Criminal Law Overview                     OBJ:    6, 7      KEY: Bloom’s: Understand

 

6. Although law is used in everyday language, the definition used by scholars is important. Neubauer and Meinhold (2013) define law as a body of rule enacted by public officials, in a legitimate manner and backed by the force of the state. Break down this definition into its four elements and explain the importance of each element.

 

ANS:  The first element – law is a body of rules – is self-evident. What is not obvious, but is important, is the variety of sources of law including statutes, constitutions, court decisions, and administrative regulations. The second element – law is enacted by public officials – is of critical importance. Rules and regulations are only law under our definition if they are recognized by public officials. The third element – law is enacted in a legitimate manner – means that it must be agreed upon ahead of time how the rules will be changed including methods for passing, applying, and interpreting new laws. The fourth and final element – law is backed by the force of the state – says that these rule and regulations would be largely meaningless without sanctions. The consequences are what set law apart from other social rules.

 

REF:   The Basis of Law                    OBJ:   1           KEY: Bloom’s: Understand

 

7. Criminal law affects the courts in many ways, one of which revolves around sentencing

of offenders.  Describe the connection between the public, legislature and courts relating to criminal sentences.

 

ANS:  The most obvious way criminal law affects the operations of the criminal courts is in sentencing. The legislature establishes sentencing options from which judges must choose. Because of the public’s concern about crime, pressures are strong to increase penalties. As a result, legislatures increase the harshness of sentencing, and the courts mitigate that harshness. Legislative action and courthouse reactions follow a predictable pattern:

• Step I. Laws calling for severe punishments are passed by legislatures on the assumption that fear of great pain will terrorize the citizenry into conformity.
• Step II. Criminal justice personnel soften these severe penalties for most offenders (a) in the interests of justice, (b) in the interests of bureaucracy, and (c) in the interests of gaining acquiescence.
• Step III. The few defendants who then insist on a trial and are found guilty, or who in other ways refuse to cooperate, are punished more severely than those who acquiesce.
• Step IV. Legislatures, noting that most criminals by acquiescing avoid “the punishment prescribed by law,” (a) increase the prescribed punishments and (b) try to limit the range of discretionary decision making used to soften the harsh penalties.
• Step V. The more severe punishments introduced in the preceding step are again softened for most offenders, as in Step II, with the result that the defendants who do not acquiesce are punished even more severely than they were at Step III.

 

 

REF:    Effects of Criminal Law on the Courts                                  OBJ:   8           KEY: Bloom’s: Understand

 

8. Describe the five major areas of civil law.

ANS:  The five major areas of civil law are tort, contract, property, domestic relations, and inheritance/probate.  Tort law involves the legal wrong done to another person.  Tort injuries include any wrong, hurt, or damage done to a person’s rights, body, reputation, or property.  Contracts are agreements between two or more persons involving a promise supported by mutual obligations.  Property law regulates three types of property:  real, personal and intellectual.  Domestic relations law involves divorce and related issues such as child custody, child support, and alimony. Property received from a person who has died is governed by laws on inheritance. When someone dies without a will, the civil law of intestacy determines how possessions should be distributed by a court in probate proceedings.

REF:    Civil Law Overview                           OBJ:  5            KEY: Bloom’s: Understand

 

 

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:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

2. How many layers exist in a typical court system?

a.	Two	c.	four
b.	Three	d.	five

 

ANS:   C         REF:    Chapter Introduction  OBJ:    1          KEY: Bloom’s: Remember

 

3. What is another name for a trial court of limited jurisdiction?

a.	inferior court	c.	superior court
b.	district court	d.	circuit court

 

ANS:   A         REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    5          KEY: Bloom’s: Remember

 

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:    Trial Courts of General Jurisdiction: Major Trial Courts        OBJ:    5          KEY: Bloom’s: Remember

 

5. Which of the following is not a problem confronting lower courts?

a.	inadequate financing	c.	inadequate facilities
b.	unbalanced caseloads	d.	strict court procedures

 

ANS:   D         REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    4          KEY: Bloom’s: Remember

 

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:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

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:    State High Courts of Last Resort       OBJ:    6          KEY: Bloom’s: Remember

 

8. Lower courts handle what stages of felony cases?

a.	the final stages	c.	the appeal stages
b.	the intermediate stages	d.	the preliminary stages

 

 

ANS:   D         REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

9. What type of cases do major trial courts decide?

a.	misdemeanors	c.	traffic tickets
b.	violations	d.	felonies

 

ANS:   D         REF:    Trial Courts of General Jurisdiction: Major Trial Courts        OBJ:    5          KEY: Bloom’s: Remember

 

10. What is the principal objective of a unified court system?

a.	centralized management
b.	local control
c.	reduced caseloads
d.	independent judges

 

ANS:   A         REF:    Court Unification        OBJ:    7          KEY: Bloom’s: Remember

 

11. What is the name of courts that use therapeutic jurisprudence?

a.	problem-solving courts	c.	supreme courts
b.	intermediate appellate courts	d.	lower courts

 

ANS:   A         REF:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

12. In Ewing v. California (2002), the U.S. Supreme Court what State of California law?

a.	capital punishment
b.	civil commitment for sex offenders
c.	legalized medical marijuana
d.	three strikes

 

ANS:   D         REF:    Court Unification        OBJ:    7          KEY: Bloom’s: Remember

 

13. The state court systems are most often structured in what way?

a.	locally
b.	centrally
c.	logically
d.	evenly

 

ANS:   A         REF:    Consequences of Court Organization OBJ:    9          KEY: Bloom’s: Remember

 

14. What event following the Civil War produced fundamental changes in the structure of the American Judiciary?

a.	decreases in population
b.	rapid industrialization
c.	lower volumes of litigation
d.	decreases in urban populations

 

ANS:   B         REF:    History of State Courts           OBJ:    1          KEY: Bloom’s: Remember

 

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

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

 

ANS:   A         REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

16. What judges typically authorize search warrants?

a.	lower court judges	c.	appellate court judges
b.	major trial court judges	d.	supreme court judges

 

ANS:   A         REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

17. What type of panels are typically used by intermediate courts of appeals?

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

 

ANS:   A         REF:    Intermediate Courts of Appeals         OBJ:    6          KEY: Bloom’s: Remember

 

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 these answers are correct.

 

ANS:   C         REF:    Intermediate Courts of Appeals         OBJ:    6          KEY: Bloom’s: Remember

 

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

a.	All of these answers are true.
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:    State High Courts of Last Resort       OBJ:    1          KEY: Bloom’s: Remember

 

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:    Court Unification        OBJ:    7          KEY: Bloom’s: Remember

 

21. What kind of court system has a coherent hierarchy with authority concentrated in the state capital?

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

 

ANS:   D         REF:    Court Unification        OBJ:    1, 7      KEY: Bloom’s: Remember

 

22. What are the urban counterparts of the justice of the peace courts?

a.	major trial	c.	appellate courts
b.	supreme courts	d.	municipal courts

 

ANS:   D         REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    3          KEY: Bloom’s: Remember

 

23. Which of the following courts embody the concept of therapeutic jurisprudence?

a.	drug courts
b.	domestic violence courts
c.	mental health courts
d.	drug, domestic violence, and mental health courts

 

ANS:   D         REF:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

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:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

25. What is a form of settling disputes, such as unruly children annoying neighbors, through less adversarial means than the traditional court system designed to deal with issues?

a.	alternative dispute resolution
b.	domestic court
c.	drug court
d.	civil court

 

ANS:   A         REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

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:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

27. What is the emphasis in domestic violence courts?

a.	integration
b.	separation
c.	segregation
d.	punishment

 

ANS:   A         REF:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

28. In states without intermediate appellate courts, state courts of last resort

a.	must hear all criminal appeals.
b.	have discretion to hear only the cases they decide are the most important.
c.	hear only the most notorious cases.
d.	None of these answers is correct.

 

ANS:   A         REF:    State High Courts of Last Resort       OBJ:    6          KEY: Bloom’s: Remember

 

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.	Local control has been an incubator of corruption and injustice.

 

ANS:   D         REF:    Consequences of State Court Organization    OBJ:    9          KEY: Bloom’s: Remember

 

30. What 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:    Consequences of Court Organization OBJ:    9          KEY: Bloom’s: Remember

 

31. The key components of court unification do not include

a.	simplified court structure	c.	centralized rule making
b.	decentralized administration	d.	centralized judicial budgeting

 

ANS:   B         REF:    Court Unification        OBJ:    7          KEY: Bloom’s: Remember

 

32. Courts of therapeutic jurisdiction do not include which of the following?

a.	drug courts	c.	domestic violence courts
b.	courts of last resort	d.	elder court

 

ANS:   B         REF:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

33. The organization of courts in the United States impacts the processing of cases in which of the following ways?

a.	decentralization of justice	c.	unification
b.	appeals	d.	problem-solving

 

ANS:   A         REF:    Consequences of Court Organization OBJ:    9          KEY: Bloom’s: Remember

 

34. After the American Revolution, the functions of state courts

a.	changed	c.	stagnated
b.	stabilized	d.	was primary to international security

 

ANS:   A         REF:    History of State Courts           OBJ:    1          KEY: Bloom’s: Remember

 

35. What courts are at the first level of state courts?

a.	trial courts of limited jurisdiction	c.	municipal courts
b.	justice of the peace courts	d.	problem-solving courts

 

ANS:   A         REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

36. Misdemeanors are handled by which courts?

a.	lower courts	c.	justice of the peace courts
b.	supreme courts	d.	problem-solving courts

 

ANS:   A         REF:    Trials Courts of Limited Jurisdiction: Lower Courts  OBJ:    2          KEY: Bloom’s: Remember

 

37. Which of the following occurs with the imposition of tougher laws?

a.	police do not necessarily make more arrests	c.	prosecutors are pressured to plea bargain
b.	juries are reluctant to convict	d.	all of these occur with the imposition of tougher laws

 

ANS:   D         REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

38. What are courts collectively called in most rural areas?

a.	lower courts	c.	justice of the peace courts
b.	supreme courts	d.	problem-solving courts

 

ANS:   C         REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    3          KEY: Bloom’s: Remember

 

39. What courts were created as a response to a significant growth in appellate cases that threatened to overwhelm the state supreme court?

a.	lower courts	c.	justice of the peace courts
b.	intermediate courts of appeals	d.	problem-solving courts

 

 

ANS:   B         REF:    Intermediate Courts of Appeals         OBJ:    6          KEY: Bloom’s: Remember

 

 

 

 

CRITICAL THINKING SCENARIOS

 

CASE 4.1

 

Just as American law borrowed heavily from English common law, the organization of American courts reflects their English heritage. But the colonists and later the citizens of the fledgling new nation that called itself the United States of America adapted this English heritage to the realities of the emerging nation. Issues such as the clash of opposing economic interests, the debate over state versus national power, and outright partisanship have shaped America’s 50 diverse state court systems.

 

40. Which of the following is true of the early colonial courts?

a.	they were rather simple	c.	they were rather complex
b.	they replicated English courts completely	d.	they replicated English courts in substance but not in form

 

 

ANS:   A         REF:    History of State Courts           OBJ:    1          KEY: Bloom’s: Remember

 

41. In the colonial courts, each colony modified its court system according to what?

a.	local customs	c.	different religious practices
b.	patterns of commercial trade	d.	each colony modified its court system in all of these ways

 

ANS:   D         REF:    History of State Courts           OBJ:    1          KEY: Bloom’s: Remember

 

CASE 4.2

 

At the second level of state courts are the trial courts of general jurisdiction, usually referred to as major trial courts. An estimated 3,200 major trial courts in the 50 states and the District of Columbia are staffed by more than 11,000 judges (LaFountain et al. 2008). The term general jurisdiction means that these courts have the legal authority to decide all matters not specifically delegated to lower courts.

 

42. Which of the following is not one of the most common names for trial courts of general jurisdiction?

a.	district court	c.	circuit court
b.	superior court	d.	supreme court

 

ANS:   D         REF:    Trial Courts of General Jurisdiction: Major Trial Courts        OBJ:    1          KEY: Bloom’s: Apply

 

43. Most of the nation’s judicial business takes place at what level?

a.	City	c.	county
b.	State	d.	federal

 

ANS:   B         REF:    Trial Courts of General Jurisdiction: Major Trial Courts        OBJ:    1          KEY: Bloom’s: Apply

 

44. What kind of crimes do state courts primarily decide?

a.	major drug distribution	c.	white-collar crimes
b.	terrorist crimes	d.	street crimes

 

ANS:   D         REF:    Trial Courts of General Jurisdiction: Major Trial Courts        OBJ:    5          KEY: Bloom’s: Apply

 

45. Between 1997 and 2012, criminal cases filed in general jurisdiction courts (primarily felonies) increased how much?

a.	25%	c.	35%
b.	45%	d.	55%

 

ANS:   A         REF:    Trial Courts of General Jurisdiction: Major Trial Courts        OBJ:    5          KEY: Bloom’s: Apply

 

TRUE/FALSE

 

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

 

ANS:   T          REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

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

 

ANS:   F          REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

3. There are five layers in a typical state court system.

 

ANS:   F          REF:    Chapter Introduction  OBJ:    1          KEY: Bloom’s: Remember

 

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

 

ANS:   T          REF:    History of State Courts           OBJ:    1          KEY: Bloom’s: Remember

 

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:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

6. Initial evaluations of early drug courts found favorable rates of success.

ANS:   T          REF:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

7. One of the problems facing lower courts is inadequate financing.

 

ANS:   T          REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    4          KEY: Bloom’s: Remember

 

8. Therapeutic drug courts operate in all 50 states.

 

ANS:   T          REF:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

9. The major trial courts decided felony cases.

 

ANS:   T          REF:    Trial Courts of General Jurisdiction: Major Trial Courts        OBJ:    5          KEY: Bloom’s: Remember

 

10. Most of the nation’s judicial business takes place at the state level.

 

ANS:   T          REF:    Trial Courts of General Jurisdiction: Major Trial Courts        OBJ:    5          KEY: Bloom’s: Remember

 

11. In states without intermediate appellate courts the supreme courts has discretion regarding the cases it hears.

 

ANS:   F          REF:    Intermediate Courts of Appeals         OBJ:    6          KEY: Bloom’s: Remember

 

12. The organization of courts in the United States impacts case processing.

 

ANS:   T          REF:    Consequences of Court Organization OBJ:    9          KEY: Bloom’s: Remember

 

13. Most criminal cases do not go to trial.

 

ANS:   T          REF:    Trial Courts of General Jurisdiction: Major Trial Courts        OBJ:    5          KEY: Bloom’s: Remember

 

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

 

ANS:   F          REF:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

15. Corrupt local officials are often prosecuted by their peers.

 

ANS:   F          REF:    Consequences of Court Organization OBJ:    9          KEY: Bloom’s: Remember

 

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

 

ANS:   T          REF:    Intermediate Courts of Appeals         OBJ:    6          KEY: Bloom’s: Remember

 

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

 

ANS:   T          REF:    Intermediate Courts of Appeals         OBJ:    6          KEY: Bloom’s: Remember

 

18. A decision made by a state’s intermediate appellate court is appealed to the U.S. Supreme Court for most cases.

 

ANS:   F          REF:    Intermediate Appellate Courts of Appeals     OBJ:    6          KEY: Bloom’s: Remember

 

19. One of the key components of court unification is diversified administration.

 

ANS:   F          REF:    Court Unification        OBJ:    7          KEY: Bloom’s: Remember

 

20. Empirical research has always found positive outcomes for drug courts.

 

ANS:   F          REF:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

21. The principal objective of a unified court system is to shift judicial administration from local control to centralized management.

 

ANS:   T          REF:    Court Unification        OBJ:    7          KEY: Bloom’s: Remember

 

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

 

ANS:   T          REF:    State High Courts of Last Resort       OBJ:    6          KEY: Bloom’s: Remember

 

23. One of the four major problems confronting the lower courts is unbalanced caseloads.

 

ANS:   T          REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    4          KEY: Bloom’s: Remember

 

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:    Intermediate Courts of Appeals         OBJ:    6          KEY: Bloom’s: Remember

 

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

 

ANS:   T          REF:    State High Courts of Last Resort       OBJ:    6          KEY: Bloom’s: Remember

 

COMPLETION

 

1. One type of problem-solving court is the _____  violence court.

 

ANS:   domestic

 

REF:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

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

 

ANS:   limited

 

REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

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

 

ANS:   unified

 

REF:    Court Unification        OBJ:    7          KEY: Bloom’s: Remember

 

4. Landlord-tenant disputes involving unpaid rent are likely to end up in small-_____ court.

 

ANS:   claims

 

REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

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:    State High Courts of Last Resort       OBJ:    6          KEY: Bloom’s: Remember

 

6. How the courts are organized and administered has a profound effect on the way cases are processed and on the type of _____ that results.

 

ANS:   justice

 

REF:    Consequences of Court Organization OBJ:    9          KEY: Bloom’s: Remember

 

7. Local control of justice has often been an incubator of corruption and _____.

 

ANS:   injustice

 

REF:    Consequences of Court Organization OBJ:    9          KEY: Bloom’s: Remember

 

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:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    2          KEY: Bloom’s: Remember

 

9. The major trial courts decide _____ case and civil cases including domestic relations, estate, personal injury, and contract cases.

 

ANS:   felony

 

REF:    Trial Courts of General Jurisdiction: Major Trial Courts        OBJ:    5          KEY: Bloom’s: Remember

 

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

 

ANS:   general

 

REF:    Trial Courts of General Jurisdiction: Major Trial Courts        OBJ:    5          KEY: Bloom’s: Remember

 

11. A court system includes lower courts, major trial courts, _____ appellate courts, and a court of last resort.

 

ANS:   intermediate

 

REF:    Chapter Introduction  OBJ:    1          KEY: Bloom’s: Remember

 

12. In states without intermediate appellate courts, state courts of last resort _____ hear all criminal appeals.

 

ANS:   must

 

REF:    Intermediate Courts of Appeals         OBJ:    6          KEY: Bloom’s: Remember

 

13. Both justice of the peace courts and _____  courts are considered lower courts.

 

ANS:   municipal

 

REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    3          KEY: Bloom’s: Remember

 

14. One of the key components of court unification is _____ administration.

 

ANS:   centralized

 

REF:    Court Unification        OBJ:    7          KEY: Bloom’s: Remember

 

15. The modern agenda of court reform includes topics such as reducing _____  court delay.

 

ANS:   trial

 

REF:    Problem-Solving Courts          OBJ:    7          KEY: Bloom’s: Remember

 

16. Technology is shaping the future of courts through _____ communications.

 

ANS:   electronic

 

REF:    Technology Shapes the Courtrooms of the Future     OBJ:    9          KEY: Bloom’s: Remember

 

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

 

ANS:   integration

 

REF:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

18. Judicial reformers would like to abolish the _____  system altogether.

 

ANS:   Justice of the Peace or JP

 

REF:    Trial Courts of Limited Jurisdiction: Lower Courts   OBJ:    3          KEY: Bloom’s: Remember

 

19. Courts using therapeutic jurisprudence have _____ essential elements.

 

ANS:   five

 

REF:    Problem-Solving Courts          OBJ:    8          KEY: Bloom’s: Remember

 

20. The _____ of courts in the United States impacts the processing of cases in several ways.

 

ANS:   organization

 

REF:    Consequences of Court Organization OBJ:    9          KEY: Bloom’s: Remember

 

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:    Chapter Introduction                          OBJ:    1          KEY: Bloom’s: Understand

 

2. Unified court systems and 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. Contemporary court reform is often identified with problem-solving courts (Wolf 2007).

 

REF:    Court Unification and Problem-Solving Courts                                 OBJ:    7/8       KEY: Bloom’s: Understand

 

 

 

 

 

 

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 pants 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 Eighth 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:    Court Unification                                OBJ:    7          KEY: Bloom’s: Understand

 

4. Explain why intermediate courts of appeals (ICAs) were created? How are ICAs structured differently? How is the court system different in states with and without ICA’s?

 

ANS:

Intermediate courts of appeals were created to help the state courts of last resort deal with a significant growth in appellate cases. ICAs may be structured on a statewide or regional basis. In states without ICAs the state high court of last resort must hear all properly filed criminal appeals. State high courts of last resort with ICAs are able to choose their cases based on broad legal and policy significance, making them important policy-making bodies.

 

REF:    State High Courts of Last Resort                               OBJ:    6          KEY: Bloom’s: Understand

 

 

 

 

 

5. Compare and contrast justice of the peace courts and municipal courts.

 

ANS:

Justice of the peace courts are found in rural areas. Many JPs are not trained lawyers and often fail to abide by the rules that are supposed to bind them (Mansfield 1999).  Critics argue that the JP system has outlived its purpose. It is out of step with the modern era and should be abolished. A major defect is that JP courts are controlled only by the local government bodies that create them and fund them and their activities are not subject to appellate scrutiny. When a defendant appeals, the appeal is heard by a trial court of general jurisdiction. Today, many of the JPs have been replaced with magistrates. Magistrates are more likely to be appointed than elected and tend to have better training than JPs. Overall, the issues facing rural courts are qualitatively different from those faced by urban courts (Baehler and Mahoney 2005). Compared to their big-city counterparts, rural courts exhibit three special features: lower caseload, lack of resources, and greater familiarity (Bartol 1996; see also, McKeon and Rice 2009). The urban counterparts of the justice of the peace courts are municipal courts. The overriding reality of municipal courts in the nation’s big cities is the press of cases.  Accordingly, “obstacles” to speedy disposition—constitutional rights, lawyers, trials—are neutralized. In a process some have labeled an assembly line, shortcuts are routinely taken to keep the docket moving. Defense attorneys constitute another potential obstacle to the speedy disposition of cases. The general absence of defense attorneys reinforces the informality of the lower courts and the lack of attention to legal rules and procedures. In municipal courts, the defendant’s initial appearance is usually the final one.  Realistically, a defendant charged with crimes such as public drunkenness and disorderly conduct probably cannot raise a valid legal defense. What has struck all observers of the lower courts is the speed with which the pleas are processed. Few trials are held in the lower courts. The courtroom work group often works together to keep cases moving quickly.  Some courts manipulate bail to pressure defendants into an immediate disposition. The routines of the lower courts are threatened, however, by uncooperative defendants.

 

REF:    Trial Courts of Limited Jurisdiction: Lower Courts                           OBJ:    3          KEY: Bloom’s: Understand

 

6. Describe the four problem areas facing the lower courts in the United States and explain why they represent problems for the judiciary.

 

ANS:

The four problem areas facing the lower courts in the United States are inadequate financing, inadequate facilities, lax procedures, and unbalanced caseloads. In general, lower courts are funded locally. Sparsely populated counties and small municipalities often lack funds to staff and equip their courts adequately. Lower-court courtrooms are often crowded and noisy, with 100 or more people forced to spend hours waiting for their minute before the judge. Some are makeshift, hastily created in the side of a store or the back of a garage. Courtroom conditions lack dignity and leave a bad impression, suggesting that the judiciary is more interested in collecting the fine for speeding than in bothering to do justice. Such inadequate facilities are detrimental to the attitudes of the defendant, prosecutor, judge, and all others involved in the justice process.  Many trial courts of limited jurisdiction do not have written rules for the conduct of cases. Conventional bookkeeping methods are often ignored. Many lower courts are characterized by moderate to heavy caseloads, but others appear to have little to do. Wide discrepancies exist in the quality of justice rendered.

REF:    Trial Courts of Limited Jurisdiction: Lower Courts                           OBJ:    4          KEY: Bloom’s: Understand

 

7. What are the key components of court unification? Why are these components important?

 

ANS:

The principal objective of a unified court system is to shift judicial administration from local control to centralized management. The loose network of independent judges and courts is replaced by a coherent hierarchy with authority concentrated in the state capital. Although court reformers differ about the exact details of a unified court system, their efforts reflect five general principles: a simplified court structure; centralized administration, rule making, and budgeting; and statewide financing (Berkson and Carbon 1978). Court reformers stress the need for a simplified, unified, court structure for the entire state. This would mean that variations between counties would be eliminated and replaced by a similar court structure throughout the state. Reformers envision centralized administration. A centralized state office would supervise the work of judicial and nonjudicial personnel. The state high courts of last resort would have the power to adopt uniform rules and judges could be temporarily assigned to other courts to alleviate backlogs and reduce delay. Centralized judicial budgeting would provide for a single budget for the entire state judiciary. Lower courts would be dependent on the state high court of last resort for their monetary needs and unable to lobby local representatives directly. Thus, decisions about allocating funds would be made at the state and not the local level. Along with centralized judicial budgeting, reformers argue for the adoption of statewide financing of the judiciary. State government has more money and could better support necessary court services.

 

REF:    Court Unification                                OBJ:    7          KEY: Bloom’s: Understand

 

8. Describe the impact of court organization and its consequences.

 

 

ANS:

 

How the courts are organized and administered has a profound effect on the way cases are processed and on the type of justice that results. Although people often talk about the American legal system, no such entity exists. Instead, America has 51 legal systems—the federal courts and separate courts in each of the 50 states. Lawyers sometimes try to maneuver cases so that they are heard in courts that are perceived to be favorable to their clients. For example, some criminal offenses violate both state and federal laws. As a general rule, federal officials prosecute major violations, leaving more minor prosecutions to state officials. The prosecution of the DC-area snipers illustrates the importance of the choice of courts. The 50 state court systems are in actuality often structured on a local basis. The officials who staff these courts are recruited from the local community they serve and thus reflect the sentiments of that community.

As a result, the U.S. system of justice has close ties to local communities and the application of “state” law often has a local flavor. Local control of justice has the obvious advantage of closely linking courts to the people they serve. But local control has also been an incubator of corruption and injustice. The locally administered criminal justice system has also been marked by pockets of injustice. The dual court system has provided a safety valve for checking the most flagrant abuses of local justice. Often, it is federal—not state or local—officials who prosecute corrupt local officials. The combination of court decentralization and local control of the judiciary results in uneven court financing.  In most states, courts are financed by a sometimes bewildering array of state taxes, local taxes, court fees and fines.  During nationwide financial crisis cutbacks in funding the courts have resulted in major reductions in services.

Economic downturns not only reduce court funding but also increase demands for court services. Beyond the immediate problems of trying to provide the same services with less funding, courts also face long term limitations in designing new programs to respond to changing social problems.  Citizen demands to create or expand problem solving courts like drug court, domestic violence court and mental health courts are stymied because of a lack of funding.

 

REF:    Consequences of Court Organization                         OBJ:    9          KEY: Bloom’s: Understand