Liberty University – CJUS 330 Ch.15-Study Questions / CJUS 330 chapter 15 Study Questions/ CJUS 330 Questions

How much deference (or conversely, scrutiny) an appellate court will afford to the decisions of a judge, jury, or administrative agency in an appeal is referred to as the ____________.

                a. deferential standard 

                b. appellate standard    

                c. principle or review     

                d. standard of review

Which court is responsible for hearing cases for which there are automatic reviews?

                a. trial court       

                b. intermediate court of appeals              

                c. state court of last resort          

                d. federal circuit court   

If a defendant loses an appeal, what is the first step to take in order to file a subsequent appeal?

                a. File a notice of appeal.             

                b. File a petition for a writ of certiorari. 

                c. File a writ of habeas corpus.  

                d. File a motion for appeal.

Which of the following statements is true?

                a. Criminal appeals always involve questions of fact decided by a judge or jury. 

                b. In contrast to the highly deferential appellate review of factual issues, questions of law are reviewed without deference on appeal.   

                c. Appellate courts are willing to second-guess findings of fact made in lower courts.      

                d. Many appeals are “routine,” which means they have the likelihood of succeeding.

____________ errors are defects that seriously affect substantial rights.

                a. Substantial    

                b. Reversible     

                c. Plain 

                d. Grievous

If a defendant convicted in a U.S. circuit court files for an appeal, which type of court has jurisdiction?

                a. U.S. Supreme Court  

                b. intermediate courts of appeals            

                c. state courts of last resort        

                d. U.S. circuit courts

Which of the following are opinions written “by the court” without attribution to a specific judicial author?

                a. dissenting opinion     

                b. concurring opinion    

                c. plurality opinion          

                d. per curium opinion

During trial, attorneys must make timely objections to the judge’s rulings on points of law or the objections will be deemed waived. This is known as which of the following?

                a. mandatory objection rule       

                b. contemporaneous objection rule       

                c. appellate objection rule          

                d. interlocutory objection rule

The ____________ consists of the materials that advance to the appellate court.

                a. writ of certiorari          

                b. standards of review  

                c. appellate court record              

                d. notice of appeal

A defendant who makes a guilty plea on a felony charge, therefore accepting the sentence recommended by the prosecutor, subsequently requests an appeal. The appeal is based upon the failure of the court to inquire as to whether the plea was voluntary. In this example, the error is subject to which type of test?

                a. classic trial errors rule               

                b. reversible error rule 

                c. plain error rule             

                d. harmless error rule

Losing parties at trial have the discretion to file an appeal except in what type of cases?

                a. felony cases 

                b. civil cases       

                c. misdemeanor cases  

                d. capital punishment cases       

How does the role of the appellate court differ from the trial court?

                a. It retries cases sent from the lower court.      

                b. It focuses on the evidence and how it was obtained.

                c. It focuses on how decisions were made in the trial court.        

                d. It reexamines the facts presented during the trial.

The leading causes of ____________ include mistaken identifications, improper forensic evidence, false confessions, unreliable informants, tunnel vision and misconduct by justice professionals, and inadequate defense representation.

                a. appeals           

                b. wrongful convictions

                c. hung juries    

                d. postconviction reviews

Why do criminal appeals rarely succeed?

                a. The appellate court reversal often produces only minor victories for many criminal defendants.           

                b. If the appellate court reverses and remands the case to the lower court for a new trial, many defendants will be convicted a second time.             

                c. The appellate standards of review often find that no reversible error was committed during the trial court proceedings.     

                d. The appellate courts are reluctant to overturn decisions by the lower courts because of time and cost constraints.       

Which court is seen as more conservative with rulings that cut back on abortion rights, condoned mandatory drug testing, and permitted capital punishment for juveniles and developmentally impaired persons who were convicted of murder?

                a. the Warren Court       

                b. the Burger Court        

                c. the Rehnquist Court  

                d. the Roberts Court

What was the purpose of the Antiterrorism and Effective Death Penalty Act of 1996?

                a. It restricted the time periods and the number of habeas corpus petitions prisoners file.           

                b. It restricted courts from hearing habeas corpus petitions from convicted terrorists.   

                c. It restricted courts from pursuing all terrorism cases as death penalty cases.  

                d. It increased penalties for those convicted of domestic terrorism         

What does it mean when a case is reversed and remanded?

                a. The case is overturned and sent back to the lower court for further hearing. 

                b. The case is overturned and terminated.          

                c. The case is returned to the lower court for a retrial.   

                d. The case is affirmed and returned to the lower court for further hearing.

What are the two primary functions of appeal?

                a. judicial oversight and checks on prosecution 

                b. error correction and policy formation               

                c. error correction and process oversight             

                d. crime control philosophy enforcement and compliance

Which of the following is NOT one of the ways in which postconviction differs from appeals?

                a. They may be filed only by those actually in custody.   

                b. They may raise only constitutional defects, not technical ones.            

                c. They may be somewhat broader than appeals.            

                d. Many state court systems limit postconviction remedies.

The U.S. Supreme Court and most state high courts of last resort have largely ____________.

                a. discretionary appellate jurisdiction     

                b. mandatory appellate jurisdiction        

                c. limited appellate jurisdiction 

                d. constitutional appellate jurisdiction

Which of the following has led to an increase in the broader range of criminal cases being appealed?

                a. relaxation of appellate court rules      

                b. increase in the penalties for crimes   

                c. increase in meritorious issues of broader concern       

                d. public awareness of trial rules

How do state courts of last resort and the U.S. Supreme Court help set justice policy?

                a. By utilizing the political associations that come with the appointment of the judges.   

                b. By exercising caution as to how they word their opinions.       

                c. Through their exercise of their discretionary appellate jurisdiction.     

                d. Through their exercise of their experience in handling difficult questions of law.

Which of the following terms refers to the movement in the state supreme courts to reinvigorate state constitutions as sources of individual rights over and above the rights granted by the U.S. Constitution?

                a. new judicial federalism            

                b. rights-generous doctrine        

                c. state constitutional reformation          

                d. restorative representation    

Postconviction reviews are termed collateral attacks because they are attempts to ____________.

                a. avoid the effects of a prior court decision by bringing a different action in new court proceedings        

                b. overturn prior court decision by bringing in new evidence      

                c. affirm prior court decisions by bringing a different action in new court proceedings     

                d. change the way the process was handled in the lower court  

A defendant has been acquitted by a jury of charges filed against him by the state. The prosecution subsequently discovers incriminating evidence that was not presented during the trial. The prosecutor decides to recharge the individual with the crime. However, the court denies the motion for a new trial. Under what rules is the judge basing the denial?

                a. Fifth Amendment protection against double jeopardy              

                b. Fifth and Fourteenth Amendment violation of due process   

                c. Fourth Amendment protection against admissibility of illegally obtained evidence       

                d. Eighth Amendment protection against cruel and unusual punishment