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The Appellate Process MCQ

Is intermediate appellate courts state courts found in many states that are the first to hear appeals from lower state courts. Intermediate appellate courts must hear the appeal and render a decision before either side can appeal to the state court of last resort?

True

False

Answer

Correct Answer: True

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_____ is known as an appeal filed prior to adjudication of a criminal case. This type of appeal focuses on critical constitutional questions that have no bearing on the defendant’s guilt (or lack of).

Venue

Interlocutory appeals

All of these

Substantive law

Answer

Correct Answer: Interlocutory appeals

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_____ is defined as rule that states that an error that would not have altered the outcome of the case (i.e., a harmless error) does not require the appellate court to overrule the offender’s conviction or sentence.

Harmless error rule

All of these

Credible

Bill of rights

Answer

Correct Answer: Harmless error rule

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_____ is limits the timing of an appeal until after the court hands down its final judgment as to the defendant’s guilt.

Information

Final judgment

Prosecutor

None of these

Answer

Correct Answer: Final judgment

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Is double jeopardy clause clause in the Fifth Amendment that prevents the state or federal government from prosecuting an individual for the same crime more than once?

True

False

Answer

Correct Answer: True

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Habeas corpus is what kind of appeal?

Direct

Indirect

Federal

State

Answer

Correct Answer: Indirect

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What information is included in the appellate court record?

The trial transcript

Documents introduced at trial

Evidence introduced at trial

All of these

Answer

Correct Answer: All of these

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If the defense chooses to appeal, which court must an offender convicted in a state court appeal to first?

U.S. Supreme Court

State Supreme Court

The next highest court in the federal system

The next highest court in the state

Answer

Correct Answer: The next highest court in the state

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What is one of the reasons the U.S. Supreme Court may choose to hear a case?

To resolve a dispute between federal circuit courts

To address a disputed criminal matter

To address a disputed civil matter

To address a disputed factual matter

Answer

Correct Answer: To resolve a dispute between federal circuit courts

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When an appeal is heard, the appellate court will either affirm or ______ the lower court’s decision to convict the defendant.

Overturn

Dissent

Reverse

Concur

Answer

Correct Answer: Reverse

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It is standard practice to hear witnesses during an appeals case.

True

False

Answer

Correct Answer: False

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The U.S. Supreme Court has never held that appeals are constitutionally required.

True

False

Answer

Correct Answer: True

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The U.S. Supreme Court consists of nine justices.

True

False

Answer

Correct Answer: True

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IN most jurisdictions, defendants who plead guilty waive their right to appeal on issues other than those that relate to the guilty plea process.

True

False

Answer

Correct Answer: False

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If the appellate court rules in favor of the defendant appealing his sentence, the court has no choice but to completely eliminate his sentence, essentially setting the defendant free.

True

False

Answer

Correct Answer: False

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Appeals filed prior to announcement of the final judgment in the case are known as final appeals.

True

False

Answer

Correct Answer: False

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If a case is sent back to the lower court for retrial, the prosecution has the option of simply dropping the case altogether.

True

False

Answer

Correct Answer: True

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Only the defense can appeal a verdict.

True

False

Answer

Correct Answer: True

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The defense can file interlocutory appeals, but only in very limited circumstances.

True

False

Answer

Correct Answer: True

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Appeals filed after adjudication are subject to few restrictions.

True

False

Answer

Correct Answer: True

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