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

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Test Bank For America’s Courts and the Criminal Justice System 12th 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: Basic Principles of Court Organization OBJ: 1 KEY: Bloom’s: Remember

2. What does the Supreme Court issue when it agrees to hear a case on appeal? 

a.	a writ of extradition
b.	a writ of jurisdiction
c.	a writ of stay
d.	a writ of certiorari

ANS: D REF: U.S. Supreme Court OBJ: 4 KEY: Bloom’s: Remember 

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: Basic Principles of Court Organization OBJ: 2 KEY: Bloom’s: Remember

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: Basic Principles of Court Organization OBJ: 1 KEY: Bloom’s: Remember

5. What kind of jurisdiction gives a court the power to review cases that have already been decided by another court? 

a.     appellate jurisdiction

b.     concurrent jurisdiction

c.     personal jurisdiction

d.     subject matter jurisdiction

ANS: A REF: Basic Principles of Court Organization OBJ: 2 KEY: Bloom’s: Remember

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: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember

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: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember

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: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember

9.The United States has how many U.S. District Courts?

a.	59	c.	94
b.	78	d.	111

ANS: C REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember

10. In 1968 Congress created what 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: U.S. Magistrate Judges OBJ: 3/4 KEY: Bloom’s: Remember

11. Appellate courts primarily review the legal decisions made by trial courts. In doing so they serve dual purposes. The first is error correction, what is the second? 

a.	policy formation
b.	vacating sentences
c.	issuing stays
d.	issuing writs of certiorari

ANS: A REF: U.S. Magistrate Judges OBJ: 2 KEY: Bloom’s: Remember

12. Congress created the Courts of Appeals in

a.	1776.	c.	1891.
b.	1787.	d.	1929.

ANS: C REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember

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: U.S. Courts of Appeals OBJ: 4 KEY: Bloom’s: Remember

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: U.S. Supreme Court OBJ: 4 KEY: Bloom’s: Remember

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: U.S. Magistrate Judges OBJ: 5 KEY: Bloom’s: Remember

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: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember

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: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember

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: U.S. Courts of Appeals OBJ: 4 KEY: Bloom’s: Remember

19. What 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: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember

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: C REF: U.S. Magistrate Judges OBJ: 5 KEY: Bloom’s: Remember

21.Heavy caseloads of the federal courts result in what problem(s)? 

a.	burdens those who work in the courts	c.	burdens those who work in the courts and delays cases for litigants
b.	delay cases for litigants	d.	none of these answers is correct

ANS: C REF: Caseloads in the Federal Courts OBJ: 8 KEY: Bloom’s: Remember

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

a.	11	c.	41
b.	21	d.	31

ANS: B REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember

23. Which courts are tribunals created by Congress to handle specialized types of cases? 

a.	article III Courts	c.	state courts
b.	article II courts	d.	Article I courts

ANS: D REF: Caseloads in the Federal Courts OBJ: 6 KEY: Bloom’s: Remember

24.What is the name of a court that has original jurisdiction? 

a.	trial court
b.	appellate court
c.	legislative court
d.	traffic court

ANS: A REF: Basic Principles of Court Organization OBJ: 2 KEY: Bloom’s: Remember

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 21 percent	d.	over 50 percent

ANS: B REF: U.S. Courts of Appeals OBJ: 4 KEY: Bloom’s: Remember

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: Specialized Federal Courts OBJ: 6 KEY: Bloom’s: Remember

27. What article of the U.S. Constitution established the U.S. Supreme Court and gave congress the power to create lower courts? 

a.	Article I	c.	Article II
b.	The U.S. Constitution did not establish the U.S. Supreme Court	d.	Article III

ANS: D REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember

28. What cases involve suits between citizens of different states or between a U.S. citizen and a foreign country or citizen? 

a.	diversity of citizenship cases	c.	en banc cases
b.	mandamus cases	d.	venue cases

ANS: A REF: U.S. Magistrate Judges OBJ: 5 KEY: Bloom’s: Remember

29. The administrative policymaking organization of the federal judicial system, comprised of 26 federal judges, is the:

a.	Judicial Conference of the U.S.	c.	Federal Judicial Center
b.	Administrative Office of the Courts	d.	U.S. Sentencing Commission

ANS: A REF: Federal Judicial Administration OBJ: 7 KEY: Bloom’s: Remember