CJL 3512 FIU COURTS MIDTERM 1

laws or statutes passed by local governments are known as administrative regulation

false

most courts in america are trial courts

true

corpus delicti refers to the essential elements of a crime

true

how many judgeships in u.s. court of appeals

179

uncodified

law found in many sources

substantive law

establishes the methods for enforcing legal obligations

preponderance of evidence

burden of proof in a civil case

article 3 in constitution provides an outline for the federal judiciary

true

The three main components of the American Criminal Justice System

courts, police, corrections

discovery

exchange of information prior to trial

Under the inquisitorial system of justice the burden falls on the prosecutor to prove the defendant guilty beyond a reasonable doubt

false

due process model of criminal justice emphasizes the protection of society

false

case law

court opinions expanding the common law and interpreting statutes or constitutions

a trial before a judge and without a jury is called a bar trial

false

self defense

an example of defenses of justification

anglo american law

american common law tradition

Full time U.S. Magistrate Judges are appointed to four year terms

false

judicial bodies created by congress under article 1 are commonly referred to as constitutional courts

false

most state court judges are appointed by the state supreme court

false

us sentencing commission is an agency under the executive branch of government

false

courthouse actors: law clerk belongs to

court personnel

seven months

length of time it took avg criminal case to be filed in federal courts in the 1970s

Which of the following is not an element of therapeutic jurisprudence?

centralized administration

what group depends on the defense attorney to pressure the defendant to plead guilty

judges and prosecutors

Which of the following is not a statutory responsibility of a U.S. attorney:

receive authorization from the solicitor general to review an appeal to a ruling

most trial courts of limited jurisdiction are funded and operated

locally

which of the following is not a characteristic of the court room work group

individual decision making

federal speedy trial laws are designed to protect

the interests of society

us attorneys fall under the supervision of

the attorney general

courthouse actors: bail agent belongs

the public

horizontal prosecution

employed by large prosecutors offices in big cities

Self-Representation

limited to those can show the trial judge that they have the ability to conduct the trial

researchers agree that the law on the books approach to court delays by issuing more and more rules and regulations are

ineffective in speeding up case dispositions

which of the following is not a court manager

sheriff

supreme court case giving juveniles the right to counsel

in re gault

which of the following is not a duty of the court clerk

writing opinions

"gambler" defense attorney

maintains hostile relationship with the prosecutors office

litigants may appeal from their state's court of last resort to the

us supreme court

Ross v. Moffitt (1974)

There is no right to counsel provided for the second, discretionary appeal or appeals to the supreme court

322

how many judges in florida country courts

12-14 million

people arrested each year

7

how many judges in florida supreme court

why do most lawyers avoid representing criminal defendants because

few chances of victory

94

how many districts in us court system

after the american revolution the power of state courts was drastically reduced and taken over by the federal judiciary

false

the prosecutor must show probable cause at the preliminary hearing in order to establish that the defendant was involved in the crime

true

courthouse actors: probation officer belongs to

corrections

solicitor generals office only generally requests supreme court review in:

-cases with a high degree of significance
-cases in which the government has a reasonable legal argument

solicitor general

the 3rd highest ranking official of the justice department

Original and appellate jurisdiction fall under the hierarchal jurisdiction classification of jurisdiction

true

due process model of criminal justice is usually associated with reactionary politics

false

The Rule of Four means that the majority of the U.S. Court Justices must approve a writ of certiorari petitioning the High Court to hear a case

false

The relationships between the components and agencies in the American Criminal Justice System are characterized by tension and conflict

true

The Defenses of Excuse permit defendants to argue that they were somewhere else at the time that the crime was committed

false

The most important goal of the crime Control Model of the Criminal Justice System is the reduction of prison population

false

A person contesting a traffic ticket would most likely appear in a court of general jurisdiction

false

To restrict minor disputes in federal court, in 1996 congress raised the amount in controversy in civil disputes to $ 75,000.

true

After a person is arrested and booked, then the next step will usually be an arraignment

false

a statute is law enacted by the legislature

true

Chief Justice Marshal created the power of judicial review in the case of Marbury v. Madison

true

U.S. District Court Judges are nominated by the President of the United States and do not require congress confirmation

false

The U.S. Constitution is a relatively long document with over 43,000 words

false

courthouse actors: bailiff belongs to

law enforcement

one us attorney covers both

guam and the mariana islands

5

how many district court of appeals in state of florida

most important member of courtroom work group

prosecutor

publice defenders

usually assigned permanently to a single courtroom and usually work every day with the same judges

An advantage to the public defender system is that

it likely provides more experienced counsel

Berger vs US (1935)

supreme court says "while a prosecutor may strike hard blows he is not at liberty to strike foul ones"

Which of the following is not a trial court of general jurisdiction?

justice of the peace court

Contract system are most often found in counties with populations of less than:

50k

County courts in the state of Florida consist of how many counties?

67

Congress created U.S. Magistrate Judges in 1968 to replace the former U.S. Circuits Court Judges of General Jurisdiction.

false

grand jury review is required in all federal felony cases

true

actus reus refers to a particular level of criminal intent

false

actus reus refers to the body of crime

false

The American Criminal Justice System and its components are both unitary and fragmented

false

The most common reason given for why criminal courts do not administer justice according to the textbook image is:

assembly line justice

105

How many intermediate court of appeal judges will you find in the state of California?

The protections of the 5th, 6th and 14th Amendments during a criminal proceeding deal specifically with civil procedure.

false

juries are never used in appellate court proceedings

true

Terrorists classified as military non-combatants are currently tried in military tribunals

true

critics of the assigned cancel system contended that

?????

Which of the following is not a finding of the National Center for State Courts?

CASE DELAY CAUSES DETERIORATION OF CASES OR PRESSURE PROSECUTOR TO OFFER LENIENT PLEA BARGAINS

which of the following is not a common element of community prosecution?

THE MOST EFFECTIVE RESULTS ARE OBTAINED BY FOCUSING ON INDIVIDUAL ARRESTS

Which of the following is a general principle of a unified court system?

centralized administration

A total of 3 to 5 person juries serve on a military court proceedings.

true

The U.S. District Court system is composed of 94 districts.

true

Most state court judges are appointed by the state Supreme Court

false

Which of the following states have two courts of last resort?

oklahoman and texas

Which of the following justices once remarked, 'The prosecutor has more control over life, liberty and reputation than any other person in America'?

robert jackson

the term dual court system refers to the fact that in america we have a civil and criminal court system

false

How many circuits in us court of appeal

11

there are over 11,880 trial courts of limited jurisdiction

true

the doctrine of using precedent is also known as in rem decisis

false

public defenders are usually assigned

permanently to a single courtroom and usually work everyday with the same judge

as discretion is concerned which is not of its major subcomponents

a governors pardon

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

limited to state felony prosecutions
does not apply for appealed cases

Brown v. Mississippi (1936)

Court ruled use of physical coercion to obtain confessions violates Due Process clause of 14th Amendment

Faretta v. California (1975)

Defendants have the right to refuse counsel and act as own counsel. May also request different appointed counsel but judges do not have to oblige