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Defense Attorneys MCQ

Is senatorial courtesy a process whereby the president defers to the wishes of a senator from the state where a vacancy is located in nominating a person for a district court judgeship?

Answer

Correct Answer: True

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_____ is known as judicial elections in which voters are asked whether the judge should be retained or not.

Answer

Correct Answer: Retention elections

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_____ is defined as candidates are selected by and affiliated with political parties.

Answer

Correct Answer: Partisan elections

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_____ is process wherein judges are selected according to their own attributes rather than on the basis of their political connections. Currently, more than a dozen states use nonpartisan elections as a means of judicial selection.

Answer

Correct Answer: Nonpartisan elections

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Is merit selection plans when a judicial vacancy arises, a bipartisan, broad-based commission (made up of lawyers and nonlawyers) interviews and evaluates candidates for judicial positions and recommends three candidates to the governor. The governor is then required to appoint one of the people recommended by the commission?

Answer

Correct Answer: True

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_____ is known as based on evaluations of how well a judge demonstrates a number of qualities expected of an excellent jurist submitted by individuals who have experience appearing before the judge. Importantly, they focus exclusively on items related to the judge’s behavior and not to case outcomes.

Answer

Correct Answer: Judicial performance evaluation

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_____ is defined as entails ensuring that judges are free to decide cases fairly and impartially based on the facts and the law without consideration of public, political, financial, or other outside pressure.

Answer

Correct Answer: Judicial independence

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_____ is a state-level commission that is usually made up of sitting or retired judges, lawyers, and laypersons and investigates complaints filed against judges. The commission can dismiss the complaint or admonish, censure, or remove the judge.

Answer

Correct Answer: Judicial disciplinary commission

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Is judicial accountability involves the ability of an entity to remove or discipline judges who do not perform their jobs in an acceptable manner?

Answer

Correct Answer: True

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_____ is known as involves holding judges answerable for judicial rulings. Were a judge to deliberately ignore the stated law and binding precedent, the judge should be held accountable.

Answer

Correct Answer: Decisional accountability

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_____ is defined as involves holding individual judges answerable for their conduct on the bench. Because judges are the human element of the justice system, conduct that reflects badly on the integrity and impartiality of the justice system is likely to decrease public trust in the judiciary and should be deterred.

Answer

Correct Answer: Behavioral accountability

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_____ is attorneys selected and paid by the defendant.

Answer

Correct Answer: Retained attorneys

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Is public defender program a method of providing counsel for indigent defendants. Lawyers who are employed by the jurisdiction (typically, the county or the state) represent the indigent defendants who are charged with crimes?

Answer

Correct Answer: True

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_____ is known as program in which a contracting lawyer or law firm agrees to accept an unknown number of cases within the contract period, normally 1 year, for a single flat fee.

Answer

Correct Answer: Fixed-price contract program

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_____ is defined as system under which the contract entered into by the attorney or law firm and the local government entity agrees to a specific number of cases to be handled for a fixed fee per case.

Answer

Correct Answer: Fixed-fee-per-case contract

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_____ is private attorneys who are paid by the state on a case-by-case basis to represent indigent defendants.

Answer

Correct Answer: Court-appointed counsel

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Is coordinated assigned counsel system under which attorneys apply to be included on a list of counsel to be appointed on an as-needed, rotational basis. As with the ad hoc appointment method, attorneys are paid on an hourly or per-case basis?

Answer

Correct Answer: True

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_____ is known as a method of providing counsel for indigent defendants. A group of private attorneys or a law firm enters into a contract with a jurisdiction and agrees to represent indigent defendants brought before the courts in that jurisdiction.

Answer

Correct Answer: Contract attorney programs

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_____ is defined as A method of providing counsel for indigent defendants. Private attorneys are appointed on a case-by-case basis.

Answer

Correct Answer: Assigned counsel programs

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_____ is program under which the appointment of counsel is generally made by the court on an ad hoc basis; that is, lawyers are appointed to represent defendants on a case-by-case basis when necessary.

Answer

Correct Answer: Ad hoc assigned counsel

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Which of the following is a type of contract attorney program?

Answer

Correct Answer: Fixed-price

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Once the right to counsel has attached, a defendant has the right to an attorney at what stage(s) in the court process?

Answer

Correct Answer: All critical stages

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In which court case did the Supreme Court did the U.S. Supreme Court address for the first time whether criminal defendants had a right to have an attorney provided to them at state expense?

Answer

Correct Answer: Powell v. Alabama

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Defendants make all of the following decisions, except ______.

Answer

Correct Answer: Whether to participate in a lineup

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The two-pronged test to assess for counsel ineffectiveness is known as the ______.

Answer

Correct Answer: Strickland Test

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Typically, prosecutors and public defenders are paid about the same, based on experience and jurisdiction.

Answer

Correct Answer: False

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The right to counsel continues even after a defendant’s conviction.

Answer

Correct Answer: True

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Most challenges of counsel effectiveness have been successful due to the counsel being so very poor.

Answer

Correct Answer: False

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Tactical decisions are made by defendants.

Answer

Correct Answer: False

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Courts typically require pro se defendants to use standby counsel as an advisor.

Answer

Correct Answer: True

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Private attorneys hired by a defendant spend more time, on average, with the defendant than a court-assigned attorney.

Answer

Correct Answer: True

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The use of fixed-price contracts has been condemned by the American Bar Association.

Answer

Correct Answer: True

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The right to defense counsel applies only to defendants charged with felonies.

Answer

Correct Answer: False

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Criminal defense attorneys have the same responsibilities to seek justice as do prosecutors.

Answer

Correct Answer: False

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