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 wi…
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