CJC 250 Intro to Courts Final Exam -
Cumulative Questions and Actual
Verified Answers.
Collateral attacks on criminal convictions are civil proceedings. - Answer True
The bulk of trial court filing is never appealed because the case is settled without a trial. -
Answer True
When a not guilty verdict is returned, the prosecutor cannot __________ the acquittal. - Answer
Appeal
An appellate court's written decision and explanation is called a(n) __________. - Answer
Opinion
The written legal arguments filed with the appellate court are called __________. - Answer
Briefs
A court that has a choice as to whether or not to hear the appeal is said to have what kind of
appellate jurisdiction? - Answer Discretionary
The judge who disagrees with the majority opinion in an appeal may write a dissenting opinion.
- Answer True
CASE 15.2
Criminal appeals are generally routine because they seldom raise meritorious issues (Primus,
2007; Wold & Caldeira, 1980). Current standards of effective assistance of counsel often force
lawyers to appeal, no matter how slight the odds of appellate court reversal. As a result, a
significant number of criminal appeals lack substantial merit. For example, of the roughly 10,000
written dispositions in criminal appeals filed by defendants in the California Court of Appeals
between 2013 and 2014, the court reversed only about 880 (9 percent) convictions (Judicial
Council of California, 2015). Why do criminal appeals rarely succeed? First, the appellate
standards of review applicable to most decision-making during criminal trials are highly
deferential to trial court outcomes (Primus, 2007). Second, appellate courts often find that no
reversible error was committed during the trial court proceedings.
Given the i - Answer The rules of appeals are designed not to disturb the results of a criminal
, After a "not guilty" verdict is returned, the prosecutor cannot appeal the acquittal, even if the
original trial was littered with serious mistakes. - Answer True
The most common type of postconviction relief is mandamus - Answer False
Scholars refer to Court eras according to the chief justice. - Answer True
The party who initiates or files the first appeal is called the __________. - Answer Appellant
How do postconviction remedies differ from appeals? - Answer -They may be filed only by
those actually in custody
-Post conviction petitions may bring up issues not raised during trial.
-Many state courts allow unlimited post conviction remedies
-ALL OF THE ABOVE
Oral arguments involve face-to-face contact between __________. - Answer appellate judges
and lawyers
The party who lost in the lower court and files the first appeal is called the __________. -
Answer appellant
Unlike trial courts, appellate courts do not hear __________ at trials. - Answer evidence
The Fifth Amendment ban on __________ generally prohibits retrial of a person who has
already been convicted of the same crime. - Answer double jeopardy
A court that must hear an appeal has what kind of appellate jurisdiction of that appeal? -
Answer mandatory
The two primary functions of appeals are error correction and policy formation. - Answer true
During trials, attorneys must make timely objections to judge's rulings on points of law, or the
Cumulative Questions and Actual
Verified Answers.
Collateral attacks on criminal convictions are civil proceedings. - Answer True
The bulk of trial court filing is never appealed because the case is settled without a trial. -
Answer True
When a not guilty verdict is returned, the prosecutor cannot __________ the acquittal. - Answer
Appeal
An appellate court's written decision and explanation is called a(n) __________. - Answer
Opinion
The written legal arguments filed with the appellate court are called __________. - Answer
Briefs
A court that has a choice as to whether or not to hear the appeal is said to have what kind of
appellate jurisdiction? - Answer Discretionary
The judge who disagrees with the majority opinion in an appeal may write a dissenting opinion.
- Answer True
CASE 15.2
Criminal appeals are generally routine because they seldom raise meritorious issues (Primus,
2007; Wold & Caldeira, 1980). Current standards of effective assistance of counsel often force
lawyers to appeal, no matter how slight the odds of appellate court reversal. As a result, a
significant number of criminal appeals lack substantial merit. For example, of the roughly 10,000
written dispositions in criminal appeals filed by defendants in the California Court of Appeals
between 2013 and 2014, the court reversed only about 880 (9 percent) convictions (Judicial
Council of California, 2015). Why do criminal appeals rarely succeed? First, the appellate
standards of review applicable to most decision-making during criminal trials are highly
deferential to trial court outcomes (Primus, 2007). Second, appellate courts often find that no
reversible error was committed during the trial court proceedings.
Given the i - Answer The rules of appeals are designed not to disturb the results of a criminal
, After a "not guilty" verdict is returned, the prosecutor cannot appeal the acquittal, even if the
original trial was littered with serious mistakes. - Answer True
The most common type of postconviction relief is mandamus - Answer False
Scholars refer to Court eras according to the chief justice. - Answer True
The party who initiates or files the first appeal is called the __________. - Answer Appellant
How do postconviction remedies differ from appeals? - Answer -They may be filed only by
those actually in custody
-Post conviction petitions may bring up issues not raised during trial.
-Many state courts allow unlimited post conviction remedies
-ALL OF THE ABOVE
Oral arguments involve face-to-face contact between __________. - Answer appellate judges
and lawyers
The party who lost in the lower court and files the first appeal is called the __________. -
Answer appellant
Unlike trial courts, appellate courts do not hear __________ at trials. - Answer evidence
The Fifth Amendment ban on __________ generally prohibits retrial of a person who has
already been convicted of the same crime. - Answer double jeopardy
A court that must hear an appeal has what kind of appellate jurisdiction of that appeal? -
Answer mandatory
The two primary functions of appeals are error correction and policy formation. - Answer true
During trials, attorneys must make timely objections to judge's rulings on points of law, or the
