Test Bank For America’s Courts and the Criminal Justice System 10th Edition by David W. Neubauer
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ISBN-13: 978-0495809906 ISBN-10: 049580990X
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Test Bank For America’s Courts and the Criminal Justice System 10th Edition by David W. Neubauer
Chapter 3 FEDERAL COURTS TEST BANK
MULTIPLE CHOICE
1.The United States has a dual court system. This means that there are
|
a. |
county courts and district courts. |
c. |
criminal courts and civil courts. |
|
b. |
trial courts and appellate courts. |
d. |
state courts and federal courts. |
ANS: D REF: 59 OBJ: 1
2.Which of the following is true of appellate courts?
|
a. |
The function of an appellate court is to carefully review the facts that were presented at a defendant’s criminal trial. |
|
b. |
Appellate court decisions are always made by a group of judges; decisions are never made by a single judge. |
|
c. |
Appellate courts, like trial courts, may hear testimony from witnesses, conduct trials, or use juries. |
|
d. |
All of the above are true. |
ANS: B REF: 63 OBJ: 2
3.Original and appellate jurisdiction fall under what classification of jurisdiction?
|
a. |
geographical jurisdiction |
c. |
hierarchical jurisdiction |
|
b. |
subject matter jurisdiction |
d. |
general jurisdiction |
ANS: C REF: 62 OBJ: 2
4.What federal court has original jurisdiction over disputes between states?
|
a. |
Non-Article III Court |
c. |
Court of Appeals |
|
b. |
District Court |
d. |
Supreme Court |
ANS: D REF: 62 OBJ: 1
5.An example of a court with subject matter jurisdiction is
|
a. |
traffic court. |
c. |
small claims court. |
|
b. |
juvenile court. |
d. |
all of the above. |
ANS: D REF: 61 OBJ: 1
6.During the late 1700s advocates of states’ rights were known as
|
a. |
Anti-Federalists. |
c. |
Statesmen. |
|
b. |
Federalists. |
d. |
Nationalists. |
ANS: A REF: 65 OBJ: 3
7.Which Article of the U.S. Constitution provides the basis for the federal judiciary?
|
a. |
Article I |
c. |
Article III |
|
b. |
Article II |
d. |
Article IV |
ANS: C REF: 65 OBJ: 3
8.Which of the following is not true of federal district judges?
|
a. |
They are nominated by the president. |
|
b. |
They must be confirmed by the U.S. Senate. |
|
c. |
They must reside in their district. |
|
d. |
There is only one judge per district. |
ANS: D REF: 65 OBJ: 3
9.There are _____________ District Courts in the federal system.
|
a. |
50 |
c. |
94 |
|
b. |
64 |
d. |
114 |
ANS: C REF: 69 OBJ: 3
10.In 1968 Congress created U.S. magistrate judges to replace the position of
|
a. |
U.S. commissioners. |
c. |
bankruptcy judges. |
|
b. |
U.S. attorneys. |
d. |
the U.S. Sentencing Commission. |
ANS: A REF: 66 OBJ: 3 and 4
11.Which of the examples below does not constitute a federal question, for purposes of review by an Article III court?
|
a. |
Whether or not a state supreme court misinterpreted the state’s divorce law in an action for marital dissolution. |
|
b. |
Whether or not a disabled person has the right to sue a restaurant for failure to provide access by a wheel chair. |
|
c. |
Whether or not a federally insured bank may manipulate the prime interest rate or collaborate with other banks to set rates. |
|
d. |
Whether or not a person was denied a job because of their race. |
ANS: A REF: 71 OBJ: 4
12.Congress created the Courts of Appeals in
|
a. |
1776. |
c. |
1891. |
|
b. |
1787. |
d. |
1929. |
ANS: C REF: 66 OBJ: 3
13.In the federal system, which is generally the court of last resort for virtually all federal litigation?
|
a. |
U.S. Supreme Court |
c. |
U.S. District Court |
|
b. |
U.S. Court of Appeals |
d. |
Federal Magistrate Court |
ANS: B REF: 76 OBJ: 4
14.In deciding whether to grant certiorari to hear a case, the U.S. Supreme Court utilizes
|
a. |
the rule of three. |
|
b. |
the rule of four. |
|
c. |
a recommendation from a U.S. Attorney. |
|
d. |
a majority vote. |
ANS: B REF: 76 OBJ: 4
15.The U.S. Supreme Court decides (and writes full opinions about) approximately how many cases each year?
|
a. |
20 |
c. |
150 |
|
b. |
80 |
d. |
300 |
ANS: B REF: 77 OBJ: 4
16.Magistrate judges are
|
a. |
nominated by the President and confirmed by the Senate. |
|
b. |
elected. |
|
c. |
selected by the U.S. Supreme Court. |
|
d. |
selected by U.S. district court judges. |
ANS: D REF: 66 OBJ: 4
17.Which of the following gave the U.S. Supreme Court the power to declare an act of Congress unconstitutional?
|
a. |
Marbury v. Madison |
|
b. |
The U.S. Constitution |
|
c. |
The Judiciary Act of 1789 |
|
d. |
The Judicial Conference of the United States |
ANS: A REF: 65, 67 OBJ: 4
18.The U.S. Courts of Appeals is made up of how many judgeships?
|
a. |
14 |
c. |
98 |
|
b. |
50 |
d. |
179 |
ANS: D REF: 75 OBJ: 4
19.Full-time U.S. Magistrates serve
|
a. |
4 year terms. |
c. |
14 years terms. |
|
b. |
8 year terms. |
d. |
life terms. |
ANS: B REF: 66 OBJ: 4
20.There are how many U.S. Attorneys in each federal district?
|
a. |
1 |
c. |
23 |
|
b. |
3 |
d. |
94 |
ANS: A REF: 69 OBJ: 4
21.The recent upsurge of federal criminal cases is largely attributable to the increase in
|
a. |
diversity jurisdiction cases. |
c. |
prosecutions for violent crimes. |
|
b. |
prosecutions for gun crimes. |
d. |
drug cases. |
ANS: D REF: 69 OBJ: 4
22.Drug prosecutions account for approximately what percentage of all federal criminal cases?
|
a. |
10 |
c. |
50 |
|
b. |
30 |
d. |
65 |
ANS: B REF: 69 OBJ: 4
23.Prisoners are permitted to file several types of civil lawsuits in federal courts. These may include
|
a. |
habeas corpus petitions. |
c. |
Bivens actions. |
|
b. |
mandamus petitions. |
d. |
all of the above. |
ANS: D REF: 72-73 OBJ: 4
24.A habeas corpus petition may include which of the following?
|
a. |
A challenge of a criminal conviction based on the argument the trial was constitutionally defective. |
|
b. |
A federal prisoner’s request to get their sentence set aside or corrected because the punishment was harsher than that allowed by law. |
|
c. |
Allegations that prison officials do not allow inmates to practice their religion behind bars. |
|
d. |
All of the above. |
ANS: A REF: 72 OBJ: 4
25.Appeals from criminal convictions in the U.S. District Courts constitute _____________ of the workload of the U.S. Courts of Appeals.
|
a. |
less than 10 percent |
c. |
slightly more than a third |
|
b. |
almost 25 percent |
d. |
close to half |
ANS: B REF: 76 OBJ: 4
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