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