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

1. a. b. 3. a. b. Original and appellate jurisdiction fall under what classification of jurisdiction? geographical jurisdiction c. hierarchical jurisdiction subject matter jurisdiction d. general jurisdiction Chapter 3 FEDERAL COURTS TEST BANK The United States has a dual court system consisting of: district and superior courts. c. criminal and civil courts. trial and appellate courts. d. state and federal courts. MULTIPLE CHOICE ANS: D REF: Basic Principles of Court Organization OBJ: 1 Remember KEY: Bloom’s: 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 ANS: C REF: Basic Principles of Court Organization OBJ: 2 Remember KEY: Bloom’s: KEY: Bloom’s: 4. a. b. What federal court has original jurisdiction over disputes between states? Legislative Court c. Court of Appeals District Court d. Supreme Court ANS: D REF: Remember Basic Principles of Court Organization OBJ: 1 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 Remember OBJ: 2 KEY: Bloom’s: 41 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 ANS: C 7. a. Article I b. Article II c. Article III d. Article IV History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember ANS: 9. a. 59 b. 78 D REF: U.S. Magistrate Judges OBJ: 4 The United States has how many U.S. District Courts? c. 94 KEY: Bloom’s: Remember KEY: Bloom’s: Remember ANS: C REF: d. 111 U.S. Magistrate Judges OBJ: 4 10. In 1968 Congress created what position to alleviate the workload of U.S. District Courts REF: History of the Federal Courts OBJ: 3 Which Article of the U.S. Constitution provides the basis for the federal judiciary? REF: 8. 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. Which of the following is not true of federal district court judges? 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 OBJ: 2 a. 1776. c. 1891. ANS: A REF: U.S. Magistrate Judges KEY: Bloom’s: Remember 12. Congress created the Courts of Appeals in 42 KEY: Bloom’s: Remember b. 1787. d. 1929. ANS: C REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember 13. a. b. In the federal system, which is generally the court of last resort for virtually all federal litigation? U.S. Supreme Court c. U.S. District Court U.S. Court of Appeals d. Federal Magistrate Court ANS: B REF: U.S. Courts of Appeals 14. 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 The “Rule of Four” refers to: 15. 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 The Prison Litigation Reform Act resulted in all of the following, except: OBJ: 4 KEY: Bloom’s: Remember 16. 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 Magistrate judges are 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. a. 14 The U.S. Courts of Appeals is made up of how many judgeships? c. 98 43 b. 50 d. 179 ANS: D REF: U.S. Courts of Appeals OBJ: 4 KEY: Bloom’s: Remember 19. a. b. What judges perform virtually all tasks carried out by district court judges, except trying 21. a. b. Heavy caseloads of the federal courts result in what problem(s)? burdens those who work in the courts c. burdens those who work in the courts and delays cases for litigants delay cases for litigants d. none of these answers is correct 22. a. 11 b. 21 ANS: Drug prosecutions account for approximately what percentage of all federal criminal cases? 23. a. b. article III Courts article II courts c. state courts d. Article I courts Caseloads in the Federal Courts OBJ: 6 KEY: Bloom’s: and sentencing felony defendants? Circuit justices c. Appellate court judges Magistrate judges d. Administrative judges ANS: B REF: U.S. Magistrate Judges OBJ: 4 20. 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 Most “federal question” cases present issues concerning: ANS: C REF: Caseloads in the Federal Courts OBJ: 8 KEY: Bloom’s: Remember c. d. B Which courts are tribunals created by Congress to handle specialized types of cases? ANS: D REF: Remember REF: U.S. Magistrate Judges OBJ: 4 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 Remember OBJ: 2 KEY: Bloom’s: 25. Appeals from criminal convictions in the U.S. District Courts constitute _____ of the workload of the U.S. Courts of Appeals. 41 31 44 KEY: Bloom’s: Remember 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. a. b. In 1950, Congress extended significant new due process rights in courts-martial by adopting the: Military Justice Act c. Uniform Code of Military Justice 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. a. b. What article of the U.S. Constitution established the U.S. Supreme Court and gave congress the power to create lower courts? Article I c. Article II The U.S. Constitution did not establish d. Article III the U.S. Supreme Court ANS: D REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember 28. a. b. What cases involve suits between citizens of different states or between a U.S. citizen and a foreign country or citizen? diversity of citizenship cases c. en banc cases mandamus cases d. venue cases ANS: A REF: U.S. Magistrate Judges OBJ: 5 KEY: Bloom’s: Remember 29. a. b. The administrative policymaking organization of the federal judicial system, comprised of 26 federal judges, is the: Judicial Conference of the U.S. c. Federal Judicial Center Administrative Office of the Courts d. U.S. Sentencing Commission ANS: A REF: Federal Judicial Administration OBJ: 7 KEY: Bloom’s: Remember 30. What is the name given to the particular location or area in which a court having geographic jurisdiction may hear a case? a. venue b. stay c. venire d. federal question ANS: A REF: Basic Principles of Court Organization OBJ: 1 Remember KEY: Bloom’s: 31. Habeas corpus, motions to vacate sentence, mandamus, and Section 1983 and Bivens Civil Rights Actions are all examples of what type of petitions? 45 a. prisoner petitions b. jurisdiction petitions c. bankruptcy petitions d. extradition petitions ANS: A REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember 32. Who is the presiding office of the U.S. Supreme Court? a. the President b. the Attorney General c. the Senate Majority Leader d. The Chief Justice ANS: D REF: Federal Judicial Administration Remember OBJ: 7 KEY: Bloom’s: 33. One of the principal activities of this organization is the education and training of federal judicial personnel, including judges, probation officers, clerks of court, and pretrial service officers. a. Federal Judicial Center b. Administrative Office of the Courts c. FBI Judicial Academy at Quantico d. Judicial Personnel and Training Section of the Judicial Conference ANS: A REF: Federal Judicial Administration OBJ: 7 KEY: Bloom’s: Remember 34. The Foreign Intelligence Surveillance Court of Review’s only function is to: a. hear appeals regarding constitutional violations of individual privacy rights. b. review warrant applications related to national security investigations. c. act as arbitrator between intelligence officials and foreign governments. d. review denials by the Foreign Intelligence Surveillance Court of applications for electronic surveillance warrants. ANS: D REF: Federalized Specialized OBJ: 6 KEY: Bloom’s: Remember 35. What is the major problem facing the federal courts? a. heavy caseloads b. reduced jurisdiction c. legislative cooperation d. excess funds ANS: A REF: Consequences of Federal Involvement in the Criminal Justice System OBJ: 8 KEY: Bloom’s: Remember 36. Which Congressional action gave the U.S. Supreme Court control over its’ docket? a. Court of Appeals Act of 1891 46 b. Judges Bill of 1925 c. Judiciary Act of 1789 d. Federal Court Improvement Act of 1982 ANS: B REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember 37. a. b. This type of prisoner petition seeks a court order to compel a public entity or official to do something that is owed to the plaintiff as a matter of constitutional or statutory right. mandamus habeas corpus c. motion to compel d. Section 1983 action ANS: A REF: U.S. Magistrate Judges OBJ: 5 KEY: Bloom’s: Remember 38. In U.S. v. Georgia (2006), the U.S. Supreme Court held that states and municipalities can be held civilly liable for failing to: a. abolish height and weight requirements for criminal justice agencies. b. maintain correctional facilities that accommodate the special needs of disabled prisoners. c. create exemptions for bona fide occupational qualifications in hiring and promotion. d. provide special training for employees on the requirements of the Americans with Disabilities Act. ANS: B REF: U.S. Magistrate Judges OBJ: 5 KEY: Bloom’s: Remember 39. a. b. The basic administrative unit of a circuit, which has authority to make all necessary and appropriate orders for the effective and expeditious administration of justice within its circuit, is called the: Administrative Office of the District c. Federal Judicial Administration Administrative Oversight Commission d. Judicial Council ANS: D REF: Federal Judicial Administration OBJ: 7 KEY: Bloom’s: Remember 40. What agency’s original purpose was to develop the federal sentencing guidelines? a. The Federal Judicial Center b. The U.S. Sentencing Commission c. The Judicial Council d. Administrative Office of the U.S. Courts ANS: B REF: Federal Judicial Administration Remember OBJ: 7 KEY: Bloom’s: 41. Although the role of federal government in the criminal justice system raises a lot of debate at the national level, crime remains primarily the responsibility of what entity? a. state government c. national government b. local government ANS: D REF: OBJ: 8 d. state and local government Consequences of Federal Involvement in the Criminal Justice System KEY: Bloom’s: Remember 47 42. a. b. If a circuit justice thinks that there is merit in a case such that the full Supreme court should have an opportunity to decide whether to hear the case, the justice will grant: a temporary writ of certiorari. an injunction. c. a stay. d. a preliminary review. OBJ: 4 KEY: Bloom’s: Remember ANS: C REF: U.S. Supreme Court CRITICAL THINKING SCENARIOS CASE 3.1 The founding fathers engaged in a vigorous debate over whether there should be a federal court system separate from the state systems. Those who supported a strong federal judiciary ultimately prevailed. Subsequent expansion of the federal courts has created a contemporary controversy over how to alleviate the problem of rising caseloads within the federal court system. 43. Which of the following statements regarding proposals to reduce federal caseloads is true? a. Reducing the jurisdiction of federal courts would nearly double the caseload of state courts and states would certainly oppose such an action. b. Creating additional courts and judgeships would require additional funding of the federal judiciary, which already comprises a sizeable portion of the federal budget. c. It is unlikely that Congress will ever have the filibuster-proof majority needed to authorize additional federal judgeships. d. The antagonistic relationship between Congress and the federal judiciary is unlikely to result in any significant reforms. ANS: D REF: Caseloads in the Federal Courts OBJ: 8 KEY: Bloom’s: Apply 44. Which of the following proposals would our Federalist founding fathers most likely support? a. Abolish federal diversity jurisdiction except in certain cases. b. Abolish concurrent jurisdiction on crimes punishable by both state and federal law. c. Creation of several new Article I legislative courts. d. Limit ability of prisoners to file civil rights lawsuits. ANS: C REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Apply 45. Which of the following proposals would due process advocates least likely support? a. Abolish federal diversity jurisdiction except in certain cases. b. Abolish concurrent jurisdiction on crimes punishable by both state and federal law. c. Creation of several new Article I legislative courts. d. Limit ability of prisoners to file civil rights lawsuits. ANS: D REF: Basic Principles of Court Organization OBJ: 1 KEY: Bloom’s: Apply 48 TRUE/FALSE 1. The United States has one national court system plus separate court systems in each of the 50 states and the District of Columbia. ANS: T REF: Basic Principles of Court Organization OBJ: 1 Remember 2. Appellate courts are considered finders of fact. KEY: Bloom’s: ANS: F REF: Basic Principles of Court Organization OBJ: 2 KEY: Bloom’s: Remember 3. When cases are appealed, appellate court judges may call on witnesses to testify. ANS: F REF: Basic Principles of Court Organization OBJ: 2 KEY: Bloom’s: Remember 4. Extradition is the automatic return of an individual accused of a crime in the United States who has fled the country and been found on foreign soil. ANS: F REF: Basic Principles of Court Organization OBJ: 1 KEY: Bloom’s: Remember 5. There may be as many as 28 judges who work together to make an appellate court decision. ANS: T REF: Basic Principles of Court Organization OBJ: 2 Remember 6. There are three primary types of jurisdiction. KEY: Bloom’s: ANS: F REF: Basic Principles of Court Organization OBJ: 1 KEY: Bloom’s: Remember 7. Trial courts are primarily concerned with considering evidence to resolve factual decisions within the bounds of the law. ANS: T REF: Basic Principles of Court Organization OBJ: 2 KEY: Bloom’s: Remember 8. Article II of the U.S. Constitution established the U.S. Supreme Court. ANS: F REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember 9. U.S. Magistrate Judges may try and sentence felony defendants. ANS: F REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember 10. U.S. magistrate judges assist U.S. District Judges by hearing felony cases. 49 ANS: F REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember 11. The federal courts set the parameters for the operations of the criminal justice system. ANS: T REF: U.S. Magistrate Judges OBJ: 5 KEY: Bloom’s: Remember 12. Article III judges are nominated by the President and confirmed by the U.S. Senate. ANS: T REF: U.S. Magistrate Judges OBJ: 6 KEY: Bloom’s: Remember 13. Federal district court judges must be residents of the district in which they preside. ANS: T REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember 14. Prior to the Civil War, the U.S. Supreme Court was required to hear every case that was appealed to it. ANS: T REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember 15. In misdemeanor and petty offense cases, U.S. magistrate judges may preside over trials, accept pleas of guilty, and also impose sentences. ANS: T REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember 16. A U.S. attorney is nominated by the President, confirmed by the Senate, and serves during “good behavior.” ANS: F REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember 17. Civil lawsuits consume more of the federal courts’ time than criminal cases. ANS: T REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember 18. The Judicial Conference of the United States sets national administrative policy for the federal judiciary. ANS: T REF: Federal Judicial Administration OBJ: 7 KEY: Bloom’s: Remember 19. Federal courts apply state—not federal—law when adjudicating state claims in federal court under their diversity of citizenship jurisdiction. ANS: T REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember 20. The U.S. District Courts are the federal trial courts for all major violations of federal criminal law. 50 ANS: T REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember 21. The Americans with Disabilities Act applies to the ways in which police officers and correctional officials interact with people with disabilities. ANS: T REF: U.S. Magistrate Judges OBJ: 5 KEY: Bloom’s: Remember 22. When the U.S. Supreme Court fails to grant certiorari, they are stating that they unilaterally affirm the decision of the lower court. ANS: F REF: U.S. Supreme Court OBJ: 6 KEY: Bloom’s: Remember 23. Military justice applies not only to members of the armed services but also to those who commit crimes against military personnel on and off a military base. ANS: F REF: Specialized Federal Courts OBJ: 6 KEY: Bloom’s: Remember 24. The burden of proof necessary for conviction is less demanding in military courts. ANS: T REF: Specialized Federal Courts OBJ: 6 KEY: Bloom’s: Remember 25. The U.S. Constitution states that “no more than fifteen, nor less than seven justices shall be approved by Congress to serve on the Supreme Court.” ANS: F REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember COMPLETION 1. The United States has a _____ court system, which means that it has one national court system plus separate court systems in each of the 50 states and the District of Columbia. ANS: dual REF: Basic Principles of Court Organization OBJ: 1 KEY: Bloom’s: Remember 2. _____ jurisdiction means that a court has the authority to try a case and decide it. ANS: Original REF: Basic Principles of Court Organization OBJ: 1 KEY: Bloom’s: Remember 3. Appellate courts primarily review the legal decisions made by _____ courts. ANS: trial REF: Basic Principles of Court Organization OBJ: 2 KEY: Bloom’s: Remember 51 4. Today, the trial courts that primarily exercise original jurisdiction in the federal system are the United States _____ Courts. ANS: District REF: Basic Principles of Court Organization OBJ: 3 KEY: Bloom’s: Remember KEY: Bloom’s: Remember 5. Typically sitting in panels of three, _____ review the records in cases appealed from district courts. ANS: circuit REF: U.S. Courts of Appeals OBJ: 4 KEY: Bloom’s: Remember 6. _____ of citizenship cases involve suits between citizens of different states or between a U.S. citizen and a foreign country or citizen. ANS: Diversity REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Remember 7. A writ of _____ is issued by the U.S. Supreme Court to obtain and review the proceedings of a lower court. ANS: certiorari REF: U.S. Supreme Court OBJ: 4 KEY: Bloom’s: Remember KEY: Bloom’s: Remember 8. Article _____ of the U.S. Constitution established the U.S. Supreme Court and gave Congress the power to create lower courts. ANS: III REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Remember 9. A prisoner _____ is a civil lawsuit filed by an inmate alleging violations of his or her rights. ANS: petition REF: U.S. Magistrate Judges OBJ: 5 KEY: Bloom’s: Remember 10. The Federal _____ Center provides orientation and continuing education judges and personnel of courts. ANS: judicial REF: Federal Judicial Administration OBJ: 7 KEY: Bloom’s: Remember 11. The major problem facing the federal courts is _____ caseloads. 52 ANS: heavy REF: Caseloads in the Federal Courts OBJ: 8 KEY: Bloom’s: Remember 12. The director of the _____ of the U.S. Courts is responsible for the day-to-day administrative tasks of the federal courts, including lobbying Congress for more funds and judgeships. ANS: Administrative Office REF: Federal Judicial Administration OBJ: 7 KEY: Bloom’s: Remember 13. The particular location or area in which a court having geographical jurisdiction may hear a case is _____. ANS: V enue REF: Basic Principles of Court Organization OBJ: 1 KEY: Bloom’s: Remember 14. _____ petitions are those in which inmates may collaterally challenge their convictions (after exhausting all available state remedies to do so) by arguing that their trial was constitutionally defective. ANS: Habeas corpus REF: U.S. Magistrate Judges OBJ: 5 KEY: Bloom’s: Remember 15. A _____ is a court order that temporarily suspends activity in a case. ANS: stay REF: U.S. Supreme Court OBJ: 4 KEY: Bloom’s: Remember 16. Captured terrorists have recently been declared enemy_____ instead of prisoners of war. ANS: combatants REF: Specialized Federal Courts OBJ: 6 KEY: Bloom’s: Remember 17. Judicial bodies established by Congress under Article III are known as _____ courts. ANS: constitutional REF: U.S. Supreme Court OBJ: 3 KEY: Bloom’s: Remember 18. The subcomponent of jurisdiction, which refers to differences in courts’ functions and responsibilities is _____ jurisdiction. ANS: hierarchical REF: Basic Principles of Court Organization OBJ: 1 KEY: Bloom’s: Remember 19. The _____ is a Supreme Court custom that allows a minority of the Court to impose on the majority a question that the majority does not think it appropriate to address. ANS: rule of four REF: U.S. Supreme Court OBJ: 4 KEY: Bloom’s: Remember 53 20. The onset of the _____ Revolution increased the caseload of the federal courts. ANS: Industrial REF: Caseloads in the Federal Courts OBJ: 8 KEY: Bloom’s: Remember ESSAY 1. Describe the different responsibilities and workloads of U.S. magistrate judges, district judges, circuit judges, and Supreme Court justices. ANS: U.S magistrate judges assist U.S. district judges by conducting pretrial criminal matters, supervising discovery in civil cases, and making reports and recommendations concerning the disposition of motions and prisoner petitions. District court judges preside over trials and write opinions adjudicating many types of civil disputes. Typically sitting in panels of three, circuit judges review the records in cases appealed from district courts and write opinions ruling on the merits of legal arguments raised in those appealed. REF: U.S. Magistrate Judges OBJ: 4 KEY: Bloom’s: Understand 2. Explain the historical evolution of the federal courts into their present structure and operations, including the debate over states’ rights versus federalism. ANS: Anti-Federalists debated Federalists about whether there should be a federal court system separate from the state systems. Advocates of states’ rights, the Anti-Federalists, feared that a strong federal government would threaten the power of state courts and, therefore, individual liberties. Thus, they argued that the federal judiciary should only hear appeals from state courts. The Federalists, in contrast, favored a robust federal court system that could develop a uniform body of federal law. The two groups reached a compromise at the Constitutional Convention in 1787 when they ratified Article III of the U.S. Constitution, which established the U.S. Supreme Court and gave Congress the power to create lower courts. The Judiciary Act of 1789 was passed shortly thereafter. The Act established separate U.S. District Courts, which are the trial courts of original jurisdiction in the federal system. While the creation of these courts strengthened the federal judiciary, the Act also allayed Anti-Federalists fears in several ways. Federal district courts were given limited jurisdiction, U.S. district courts are “state contained”— the boundaries of the district courts are drawn along state lines, and federal district court judges must be residents of their districts. A century later, the Courts of Appeals Act of 1891 created intermediate federal appellate courts. REF: History of the Federal Courts OBJ: 3 KEY: Bloom’s: Understand 3. Compare and contrast the tasks of trial and appellate courts. 54 ANS: Trial courts decide a defendant’s guilt or innocence. In other words, they consider factual evidence as it is presented (e.g., witnesses, the cross examination of witnesses, and physical evidence). This is why these courts are called fact-finding courts. Only one judge presides over a case at trial. In contrast, several judges participate when a case appears before an appellate court. No witnesses are called and no evidence is presented. Appellate court judges review legal decisions made by trial courts; their function is to correct legal errors made by lower courts. In doing so, they make policy. REF: Basic Principles of Court Organization OBJ: 2 KEY: Bloom’s: Understand 4. Evaluate the major problems facing the federal courts and the strengths and weaknesses of the major solutions that have been proposed to address these problems. ANS: Heavy caseloads are the major problem facing the federal courts. Not only does the heavy workload burden those who work in the courts, but also it affects litigants whose cases may be delayed because of backlog. Adding more staff, especially more federal judges, could help, but is cost prohibitive. Reducing the jurisdiction of the federal courts, especially by eliminating diversity of citizenship jurisdiction, could also help, but has not gained sufficient political support for Congress to have acted on the proposal. REF: Caseloads in the Federal Courts OBJ: 8 KEY: Bloom’s: Apply 5. Analyze the impact the federal courts have on the administration of criminal justice at the state and local levels through their federal question jurisdiction. ANS: By interpreting the requirements of federal law—especially the U.S. Constitution—the federal courts set the parameters for the operation of the criminal justice system so that police, prosecutors, defense attorneys, and judges honor the individual rights and liberties guaranteed in Constitution throughout all phases of the criminal justice process from the initial investigation by police to sentencing the offender. The Supreme Court, in particular, has a profound impact on the administration of criminal justice. In the 1960s, the Warren Court focused on the rights of the accused and expanded procedural safeguards, thereby limiting the power of law enforcement. As the court of last resort which has the final say in matters that come before it, Supreme Court decisions become “the law of the land” and state and local justice systems must obey them. REF: U.S. Magistrate Judges Understand OBJ: 5 KEY: Bloom’s: 55 6. How do the federal courts impact the administration of justice at the local and state levels through their federal question jurisdiction? ANS: By interpreting the requirements of federal law – especially the U.S. Constitution – the federal courts set the parameters for the operation of the criminal justice system so that police, prosecutors, defense attorneys, and judges honor the individual rights and liberties guaranteed in the Constitution. REF: U.S. Magistrate Judges OBJ: 8 KEY: Bloom’s: Understand 7. The different agencies involved in the administration of the federal court system include the Judicial Conference of the United State, the Administrative Office of the U.S. Courts, the Federal Judicial Center, and the U.S. Sentencing Commission. What are their responsibilities? How are these responsibilities hierarchical in nature? ANS: The Judicial Conference of the United States sets national administrative policy for the federal judiciary. Under the supervision of the Judicial Conference, the Administrative Office of the U.S. Courts provides administrative support to the courts. The Federal Judicial Center provides orientation and continuing education to judges and personnel of courts, as well as research support for courts and Judicial Conference committees. The U.S. Sentencing Commission promulgates sentencing guidelines and otherwise establishes federal sentencing policies as directed by the 1984 Sentencing Reform act. REF: Federal Judicial Administration OBJ: 7 KEY: Bloom’s: Understand 8. Differentiate the jurisdiction and functions of Article III courts from Article I courts and other specialized federal courts. ANS: Article III courts are empowered to adjudicate “cases and controversies” arising under the U.S. Constitution, federal law, and certain cases between citizens of different states or different counties. Article I courts are tribunals created by Congress to handle specialized types of cases, especially those that arise under the regulatory law of federal agencies. The decisions of Article I courts are generally reviewable in Article III courts. Article III judges are nominated by the president and confirmed to office by the U.S. Senate. Article I judges are not; they are appointed for fixed terms. Article I judges enjoy two protections to foster their independence: life-tenure (unless impeached) and a guarantee that their salaries can never be decreased. Article I judges do not have these protections. REF: 58 OBJ: 6 56 KEY: Bloom’s: Understand