Chapter 8 Knowledge Check

Chapter 8

Quiz yourself using the following chapter review questions to check how well you can recall the material.

Review Questions

1. True or false: The legal system in Colonial America was heavily influenced by English common law, but due to the scarcity of legal professionals, court procedures were often simplified, and punishments were designed to serve as both penalties and public deterrents.
2. What was one major impact of the post-Civil War era on the American court system?
   1. The abolition of federal courts in favor of state courts
   2. The establishment of specialized courts to address labor, business, and corporate issues
   3. A decrease in federal authority and judicial oversight
   4. The elimination of overlapping jurisdictions in state courts
3. The U.S. legal system follows an adversarial model, in which two opposing parties present their cases before an impartial judge or jury. A fundamental principle of this system is the ________ , which places the burden of proving guilt beyond a reasonable doubt on the prosecutor. Additionally, both sides have the right to cross-examine witnesses, allowing for a thorough examination of evidence and arguments. While trials are a common image associated with the court system, most criminal cases in the U.S. are resolved through plea bargaining, a process in which the defense and prosecution negotiate an agreement that must be approved by a judge acting as a neutral arbitrator.
4. Which type of jurisdiction refers to a court’s authority over the parties involved in a legal dispute, based on their connection to the state in which the court operates?
   1. Subject matter jurisdiction
   2. Geographical jurisdiction
   3. Personal jurisdiction
   4. Hierarchical jurisdiction
5. True or false: The U.S. Courts of Appeals review cases only from the district courts within their specific geographic circuit, and the interpretation of laws may vary across different circuits.
6. Although they rarely make headlines, the courts responsible for handling the majority of the caseloads in the legal system, particularly for relatively minor offenses, are known as ________.
7. Which of the following is true regarding appellate court procedures?
   1. Appellate courts conduct new trials and accept new evidence.
   2. Appellate courts typically have a panel of three judges reviewing trial court records to ensure procedural fairness.
   3. Appellate courts adjudicate cases without any judges involved.
   4. Appellate courts focus solely on the facts presented during the trial, without any review of legal procedures.
8. A judge’s responsibilities in a courtroom include maintaining order, ensuring fairness, interpreting the law, ruling on legal issues, guiding the jury, sentencing in criminal cases, and upholding due process. They also manage pre-trial and post-trial matters, supervise settlement and plea bargaining, and issue writs and orders. Judges must remain __________, base decisions on law and evidence, and ensure that justice is served fairly for all parties involved.
9. Which judicial appointment method involves judges being elected by voters with party affiliation listed on the ballot?
   1. Partisan Election
   2. Nonpartisan Election
   3. Merit Selection
   4. Direct Appointment by Legislature
10. True or false: Prosecutors are responsible for investigating and bringing criminal charges against individuals, presenting evidence in court, making sentencing recommendations, and ensuring justice is served by advocating for both legal outcomes and the rights of victims.
11. The functions and responsibilities of a defense attorney include representing individuals accused of crimes, ensuring that their legal rights are protected throughout the criminal justice process. This includes advising clients on legal options, advocating on their behalf during __________, and negotiating plea deals when appropriate.
12. True or false: The functions and responsibilities of the jury include determining the facts of the case, evaluating the credibility of witnesses, and making sentencing decisions based on the severity of the crime.
13. Which of the following best highlights the significance of gender discrimination in jury selection practices, as recognized by the U.S. Supreme Court?
    1. Gender discrimination was eliminated when the Supreme Court ruled in favor of equal participation in jury duty for both men and women.
    2. The U.S. Supreme Court recognized gender discrimination in jury selection only after men were subjected to the same discriminatory practices.
    3. The Court ruled that gender discrimination in jury selection was unconstitutional after the first instance of female jurors being excluded from jury duty.
    4. The Court ruled that gender discrimination in jury selection was unconstitutional in the Taylor v. Louisiana case, without addressing the long-standing sexist practices.
14. The determination of whether sentences should be served concurrently or consecutively depends on various factors, such as the severity of the offenses, aggravating or mitigating circumstances, and public safety concerns. When sentences are served concurrently, the offender serves all sentences at the same time, potentially reducing the overall time in prison. On the other hand, consecutive sentences mean the offender must serve each sentence one after another, resulting in a longer total time served. This decision is ultimately made by the _________, who has the discretion to tailor the sentence based on the specifics of the case. This distinction is important as it directly influences the length of incarceration and can have significant implications for both the offender and society.
15. True or false: Mandatory minimum sentencing laws and three strikes laws have been criticized for leading to disproportionately harsh sentences, overcrowding in prisons, and limiting judicial discretion, often resulting in unjust outcomes for certain offenders.

Answer Key

1. True. Colonial America’s legal system was based on English common law but had to adapt to the lack of legal professionals, leading to simpler court procedures and harsh punishments as deterrents.
2. The establishment of specialized courts to address labor, business, and corporate issues. The post-Civil War era and the Industrial Revolution led to the creation of specialized courts to handle labor, business, and corporate disputes, reflecting the nation’s rapid economic and social changes.
3. Presumption of innocence. The presumption of innocence is a fundamental principle of the U.S. legal system, ensuring that defendants are considered innocent until proven guilty. This places the burden of proving guilt beyond a reasonable doubt on the prosecutor, distinguishing the adversarial model from other legal systems.
4. Personal jurisdiction. Personal jurisdiction pertains to a court’s authority over the individuals or entities involved in a case, based on their residence, actions, or other connections to the state in which the court operates.
5. True. The U.S. Courts of Appeals are responsible for reviewing cases from the district courts within their designated geographic circuit. Furthermore, legal interpretations can differ between circuits, as shown by contrasting rulings on issues like race in law enforcement stops and medical care for transgender inmates.
6. Courts of limited jurisdiction. The Courts of limited jurisdiction bear the majority of caseloads in the legal system, handling cases related to minor offenses and punishments, with decisions made by a judge. Defendants dissatisfied with the decision can request a trial de novo, which results in an entirely new trial, sometimes in a court of general jurisdiction.
7. Appellate courts typically have a panel of three judges reviewing trial court records to ensure procedural fairness. Appellate courts do not conduct new trials or accept new evidence; instead, they review the records from trial courts, including testimonies, evidence, and overall procedures, ensuring procedural fairness for the appellant. The number of judges on the panel can vary by state, but typically, three judges are involved in reviewing the case.
8. Impartial. A judge must remain impartial in all cases, meaning they must make decisions based on the law, facts, and evidence presented, without bias or favoritism. Impartiality ensures fairness and justice for all parties involved in a case.
9. Partisan Election. In a partisan election, judges are elected by voters, and their political party affiliation is listed on the ballot, which can influence voter choices. This is the key distinguishing feature of the partisan election method.
10. True. Prosecutors indeed play a key role in the criminal justice system by investigating and charging individuals with crimes, presenting evidence in court, making sentencing recommendations, and ensuring that justice is pursued for the public and victims.
11. Trial. The correct answer is trial because a defense attorney plays a crucial role in advocating for the defendant during court proceedings, ensuring their rights are upheld and presenting arguments in their defense.
12. False. The jury is responsible for determining the facts of the case and evaluating evidence, but sentencing decisions are made by the judge, not the jury.
13. The U.S. Supreme Court recognized gender discrimination in jury selection only after men were subjected to the same discriminatory practices. The U.S. Supreme Court acknowledged and addressed the gender-based discriminatory practices in jury selection in J.E.B. v. Alabama ex rel. T.B. (1994), after men were similarly targeted by peremptory challenges, which led to the Court ruling that such practices were unconstitutional.
14. Judge. Judges have the discretion to decide whether sentences for multiple offenses should be served concurrently or consecutively, based on various factors such as the severity of the offenses, aggravating or mitigating circumstances, and the need for public safety. Their decision is crucial in determining the overall length of an offender’s sentence, which can have significant implications for both the individual and society.
15. True. Mandatory minimum sentencing laws and three strikes laws have been criticized for imposing harsh, inflexible sentences that may not take into account individual circumstances. This can lead to overcrowded prisons and limit the ability of judges to tailor sentences based on the specifics of a case, potentially resulting in unjust outcomes for some offenders.