Test Bank For America’s Courts and the Criminal Justice System, International Edition 11th Edition by David W. Neubauer

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Test Bank For America’s Courts and the Criminal Justice System, International Edition 11th Edition by David W. Neubauer

Chapter 3 FEDERAL COURTS TEST BANK

MULTIPLE CHOICE

1.The United States has a dual court system consisting of:

a.

district and superior courts.

c.

criminal and civil courts.

b.

trial and appellate courts.

d.

state and federal courts.

ANS: D REF: 57 OBJ: 1

2. Which of the following is true of appellate courts?

a.

The function of an appellate court is to carefully review the facts that were presented at a defendant’s criminal trial.

b.

Appellate court decisions are always made by a group of judges; decisions are never made by a single judge.

c.

Appellate courts, like trial courts, may hear testimony from witnesses, conduct trials, or use juries.

d.

Appellate court decisions must be unanimous.

ANS: B REF: 61 OBJ: 2

3. Original and appellate jurisdiction fall under what classification of jurisdiction?

a.

geographical jurisdiction

c.

hierarchical jurisdiction

b.

subject matter jurisdiction

d.

general jurisdiction

ANS: C REF: 60-61 OBJ: 2

4. What federal court has original jurisdiction over disputes between states?

a.

Legislative Court

c.

Court of Appeals

b.

District Court

d.

Supreme Court

ANS: D REF: 61 OBJ: 1

5. The political dynamics surrounding the role of the federal government in the criminal justice system is based on the imbalance between federal official’s need to be seen as doing something about the crime problem and:

a.     their limited jurisdiction to do anything.

b.     lack of support from states to partner in addressing crime rates.

c.     fear of increased litigation arising from jurisdictional issues.

d.     double jeopardy issues related to parallel state and federal and federal prosecutions.

ANS: A REF: 84-85 OBJ: 8

6. During the Constitutional Convention, Anti-Federalists maintained the belief that a strong national government would:

a.     provide political and economic unity.

b.     weaken individual liberties.

c.     abolish state courts.

  d.     create a uniform body of federal law.

ANS: B REF: 61-62 OBJ: 3

7.Which Article of the U.S. Constitution provides the basis for the federal judiciary?

a.

Article I

c.

Article III

b.

Article II

d.

Article IV

ANS: C REF: 62 OBJ: 3

8.Which of the following is not true of federal district court judges?

a.

They are nominated by the President.

b.

They must be confirmed by the U.S. Senate.

c.

They must reside in their district.

d.

They are appointed for eight year terms..

ANS: D REF: 65-66 OBJ: 3

9.There are ________ U.S. District Courts, with each state having at least one.

a.

59

c.

94

b.

78

d.

111

ANS: C REF: 65 OBJ: 3

10. In 1968 Congress created this position to alleviate the workload of U.S. District Courts and to replace the former position of U.S. commissioner.

a.

U.S. magistrate judges

c.

U.S. bankruptcy judges

b.

U.S. attorneys

d.

U.S. circuit justices

ANS: A REF: 65 OBJ: 3 and 4

11. Which of the examples below does not constitute a federal question, for purposes of review by an Article III court?

a.

Whether or not a state supreme court misinterpreted the state’s divorce law in an action for marital dissolution.

b.

Whether or not a disabled person has the right to sue a restaurant for failure to provide access by a wheel chair.

c.

Whether or not a federally insured bank may manipulate the prime interest rate or collaborate with other banks to set rates.

d.

Whether or not a person was denied a job because of their race.

ANS: A REF: 67 OBJ: 5

12. Congress created the Courts of Appeals in

a.

1776.

c.

1891.

b.

1787.

d.

1929.

ANS: C REF: 70 OBJ: 3

13. In the federal system, which is generally the court of last resort for virtually all federal litigation?

a.

U.S. Supreme Court

c.

U.S. District Court

b.

U.S. Court of Appeals

d.

Federal Magistrate Court

ANS: B REF: 72 OBJ: 4

14. The “Rule of Four” refers to:

a.     the number of justices required to vote in favor of granting certiorari to review a case.

b.     the number of justices required to uphold or overturn a lower court ruling.

c.     the maximum number of presenters allowed during oral arguments.

d.     the minimum number of justices required to publish a dissenting opinion.

ANS: A REF: 72-73 OBJ: 4

15. The Prison Litigation Reform Act resulted in all of the following, except:

a.     requiring inmates to pay certain fees from which they had previously been exempt.

b.     requiring inmates to exhaust all administrative remedies before filing.

c.     no longer allowing inmates to proceed pro se in civil rights actions.

d.     barring subsequent cases if previous cases had been dismissed as frivolous.

ANS: C REF: 69 OBJ: 5

16. Magistrate judges are

a.

nominated by the President and confirmed by the Senate.

b.

elected by voters in their district.

c.

selected by the U.S. Supreme Court.

d.

selected by U.S. district court judges.

ANS: D REF: 65 OBJ: 4

17. Which of the following gave the U.S. Supreme Court the authority to invalidate an act of Congress as unconstitutional?

a.

Marbury v. Madison (1803)

b.

Article III of the U.S. Constitution

c.

The Judiciary Act of 1789

d.

The Judiciary Act of 1801

ANS: A REF: 62 OBJ: 4

18.The U.S. Courts of Appeals is made up of how many judgeships?

a.

14

c.

98

b.

50

d.

179

ANS: D REF: 71 OBJ: 4

19. These judges perform virtually all tasks carried out by district court judges, except trying and sentencing felony defendants.

a.     Circuit justices c.     Appellate court judges

b.     Magistrate judges d.     Administrative judges    

ANS: B REF: 65 OBJ: 4

20.Most “federal question” cases present issues concerning:

a.     the interpretation or application of the U.S. Constitution.

b.     cases in which two or more states are parties.

c.     the application and interpretation of a statute enacted by Congress.

d.     securities and banking regulations relating to the housing market crash.

ANS: CREF:67OBJ:

21.The recent upsurge of federal criminal cases is largely attributable to the increase in

a.

diversity of jurisdiction cases.

c.

anti-terrorism initiatives.

b.

prosecutions for weapons offenses.

d.

prosecutions for drug offenses.

ANS: D REF: 66 OBJ: 4

22. Drug prosecutions account for approximately what percentage of all federal criminal cases?

a.

10

c.

40

b.

20

d.

65

ANS: B REF: 66 OBJ: 4

23. Prisoners are permitted to file several types of civil lawsuits in federal courts.  These include all of the following, except:

a.

habeas corpus petitions.

c.

Section 1983 and Bivens actions.

b.

mandamus petitions.

d.

motion to grant clemency.

ANS: D REF: 69 OBJ: 5

24.A habeas corpus petition may include which of the following?

a.

A challenge of a criminal conviction based on the argument the trial was constitutionally defective.

b.

A federal prisoner’s request to get their sentence set aside or corrected because the punishment was harsher than that allowed by law.

c.

Allegations that prison officials do not allow inmates to practice their religion behind bars.

d.

Allegations that an inmate’s constitutional rights were violated by a federal official acting under color of law.

ANS: A REF: 69-70 OBJ: 4

25. Appeals from criminal convictions in the U.S. District Courts constitute ______ of the workload of the U.S. Courts of Appeals.

a.

less than 10 percent

c.

43 percent

b.

about 29 percent

d.

over 50 percent

ANS: B REF: 72 OBJ: 4

26. In 1950, Congress extended significant new due process rights in courts-martial by adopting the:

a.

Military Justice Act

c.

Uniform Code of Military Justice

b.

U.S. Joint Service Committee Act

d.

Armed Forces Court of Appeals Act

ANS: C REF: 75 OBJ: 6

27. Which of the following is not one of the differences between military justice and state and federal justice?

a.

The burden of proof is less demanding.

c.

The jurors are military personnel.

b.

Three- and five-person juries are used.

d.

Decisions cannot be appealed.

ANS: D REF: 75 OBJ: 6

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