Test Bank & Solution Manual for Criminal
Evidence, 1st edition By Robert M. Donley
1
,Online Instructor’s Manual
and Test Bank
for
Criminal
Evidence
First Edition
Robert M. Donley
Boston Columbus Indianapolis New York San Francisco
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto
2
,Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
3
,Copyright © 2018 Pearson Education, Inc. or its affiliates. All rights reserved. Manufactured in the United States of
America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to
any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic,
mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please
submit a written request to Pearson Education, Inc., Permissions Department, 330 Hudson Street, New York, NY
10013
Many of the designations by manufacturers and seller to distinguish their products are claimed as trademarks. Where
those designations appear in this book, and the publisher was aware of a trademark claim, the designations have
been printed in initial caps or all caps.
10 9 8 7 6 5 4 3 2 1
ISBN-13: 978-0-13-289914-7
www.pearsonhighered.com ISBN-10: 0-13-289914-0
Chapter 1: The American Court System
4
,Chapter overview
This chapter introduces the student to the basic structure and functions of courts in the federal
and state systems. This understanding is required to provide context for the law of evidence.
The chapter begins with a general discussion of the four levels of court: minor courts, trial
courts, intermediate appellate courts, and courts of final appeal. It then focuses on federal courts,
explaining federal criminal jurisdiction and the structure of the federal District, Circuit, and
Supreme Courts. After a brief discussion of state courts and a resource identifying the specific
courts in each state, the chapter turns to the question of how federal and state jurisdiction
interact. This discussion addresses what happens when a single act violates both federal and
state laws, crosses state lines, and violates the laws of multiple state jurisdictions. The chapter
also looks at what happens when there is a conflict between federal and state criminal laws, and
concludes with a brief discussion of court rules and the Rules of Evidence.
Chapter objectives
1. Explain the general structure of state and federal court systems.
2. Identify the four main levels of courts and describe the functions of each.
3. Explain the path of appeal in the federal and state court systems
4. Distinguish between the criminal jurisdiction of federal and state court systems.
5. Describe the options open to an appellate court ruling on a trial judge’s decisions.
6. Explain the interplay between federal and state court jurisdiction.
7. Contrast the scope and purpose of federal/state and local rules of court.
8. Identify the keys subject areas of the Federal Rules of Evidence.
Lecture outline
● Introduction
5
, o Evidence law is procedural, not substantive
o The law of evidence only has meaning in proceedings before courts and other
tribunals
o To understand evidence law, students must understand how courts work.
● General Structure of Court Systems
o In general
o Two main levels of courts
▪ Federal
● Federal courts are separate from but not “superior” to state court
systems
● In criminal cases, federal courts apply federal criminal law only
● Federal courts have no power over how state laws are applied
● Federal courts have final say in interpreting the U.S. Constitution
● All state courts must comply with federal constitutional law
▪ State
● State courts hear cases involving violations of state criminal law
● Each state has its own criminal court system
● States hear many more criminal cases than federal courts
● Four levels of court within each system
o Minor courts
▪ Often called “magistrates” or “justices of the peace”
▪ Issue arrest and search warrants
6
, ▪ Conduct preliminary criminal proceedings (such as
preliminary arraignments)
▪ Conduct low-level criminal trials (i.e., summary
offenses)
▪ Federal magistrates are appointed by the President
and confirmed by Senate
▪ State minor court judges are usually elected by the
public
o Trial courts
▪ Conduct most criminal trials and sentencing
proceedings at federal and state level
▪ Actively involved in pre-trial processes
▪ Make rulings on the admissibility of evidence
before trial
▪ Most criminal proceedings happen before a trial
court
o Appellate courts
▪ Appellate courts provide opportunity to review trial
court decisions for errors in law
▪ Intermediate appellate courts
● In federal system and states that have them,
these courts hear appeals directly from trial
courts
7
, ● Defendants have an absolute right to an
appeal a conviction
● Prosecutors are generally not allowed to
appeal an acquittal
▪ Court of final appeal
● May hear appeals directly from trial court in
states with no intermediate appellate court
● Death penalty cases will be appealed
directly to this court in federal and state
jurisdictions.
● Where there is an intermediate appellate
court, appeal to a court of final appeal is a
matter of permission, not right.
● Federal Court System
o In general
▪ The federal courts are divided into 13 jurisdictions called “Circuits”
▪ There are 11 regional circuits, plus the Federal Circuit and the District of
Columbia Circuit
▪ Regional circuits are divided into smaller jurisdictions called “Districts”
▪ Each state or territory has between one and four districts
o Federal jurisdiction
▪ Federal courts have jurisdiction over violations of the federal criminal law
8
Evidence, 1st edition By Robert M. Donley
1
,Online Instructor’s Manual
and Test Bank
for
Criminal
Evidence
First Edition
Robert M. Donley
Boston Columbus Indianapolis New York San Francisco
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto
2
,Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
3
,Copyright © 2018 Pearson Education, Inc. or its affiliates. All rights reserved. Manufactured in the United States of
America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to
any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic,
mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please
submit a written request to Pearson Education, Inc., Permissions Department, 330 Hudson Street, New York, NY
10013
Many of the designations by manufacturers and seller to distinguish their products are claimed as trademarks. Where
those designations appear in this book, and the publisher was aware of a trademark claim, the designations have
been printed in initial caps or all caps.
10 9 8 7 6 5 4 3 2 1
ISBN-13: 978-0-13-289914-7
www.pearsonhighered.com ISBN-10: 0-13-289914-0
Chapter 1: The American Court System
4
,Chapter overview
This chapter introduces the student to the basic structure and functions of courts in the federal
and state systems. This understanding is required to provide context for the law of evidence.
The chapter begins with a general discussion of the four levels of court: minor courts, trial
courts, intermediate appellate courts, and courts of final appeal. It then focuses on federal courts,
explaining federal criminal jurisdiction and the structure of the federal District, Circuit, and
Supreme Courts. After a brief discussion of state courts and a resource identifying the specific
courts in each state, the chapter turns to the question of how federal and state jurisdiction
interact. This discussion addresses what happens when a single act violates both federal and
state laws, crosses state lines, and violates the laws of multiple state jurisdictions. The chapter
also looks at what happens when there is a conflict between federal and state criminal laws, and
concludes with a brief discussion of court rules and the Rules of Evidence.
Chapter objectives
1. Explain the general structure of state and federal court systems.
2. Identify the four main levels of courts and describe the functions of each.
3. Explain the path of appeal in the federal and state court systems
4. Distinguish between the criminal jurisdiction of federal and state court systems.
5. Describe the options open to an appellate court ruling on a trial judge’s decisions.
6. Explain the interplay between federal and state court jurisdiction.
7. Contrast the scope and purpose of federal/state and local rules of court.
8. Identify the keys subject areas of the Federal Rules of Evidence.
Lecture outline
● Introduction
5
, o Evidence law is procedural, not substantive
o The law of evidence only has meaning in proceedings before courts and other
tribunals
o To understand evidence law, students must understand how courts work.
● General Structure of Court Systems
o In general
o Two main levels of courts
▪ Federal
● Federal courts are separate from but not “superior” to state court
systems
● In criminal cases, federal courts apply federal criminal law only
● Federal courts have no power over how state laws are applied
● Federal courts have final say in interpreting the U.S. Constitution
● All state courts must comply with federal constitutional law
▪ State
● State courts hear cases involving violations of state criminal law
● Each state has its own criminal court system
● States hear many more criminal cases than federal courts
● Four levels of court within each system
o Minor courts
▪ Often called “magistrates” or “justices of the peace”
▪ Issue arrest and search warrants
6
, ▪ Conduct preliminary criminal proceedings (such as
preliminary arraignments)
▪ Conduct low-level criminal trials (i.e., summary
offenses)
▪ Federal magistrates are appointed by the President
and confirmed by Senate
▪ State minor court judges are usually elected by the
public
o Trial courts
▪ Conduct most criminal trials and sentencing
proceedings at federal and state level
▪ Actively involved in pre-trial processes
▪ Make rulings on the admissibility of evidence
before trial
▪ Most criminal proceedings happen before a trial
court
o Appellate courts
▪ Appellate courts provide opportunity to review trial
court decisions for errors in law
▪ Intermediate appellate courts
● In federal system and states that have them,
these courts hear appeals directly from trial
courts
7
, ● Defendants have an absolute right to an
appeal a conviction
● Prosecutors are generally not allowed to
appeal an acquittal
▪ Court of final appeal
● May hear appeals directly from trial court in
states with no intermediate appellate court
● Death penalty cases will be appealed
directly to this court in federal and state
jurisdictions.
● Where there is an intermediate appellate
court, appeal to a court of final appeal is a
matter of permission, not right.
● Federal Court System
o In general
▪ The federal courts are divided into 13 jurisdictions called “Circuits”
▪ There are 11 regional circuits, plus the Federal Circuit and the District of
Columbia Circuit
▪ Regional circuits are divided into smaller jurisdictions called “Districts”
▪ Each state or territory has between one and four districts
o Federal jurisdiction
▪ Federal courts have jurisdiction over violations of the federal criminal law
8
