Assignment

DAA6

1. Which of the following is NOT one of the three primary sources of U.S. laws?

a. statutes b. case law c. the Constitution d. common law

2. Which of the following is NOT one of the three basic levels within the U.S. federal court system?

a. United States District Courts b. United States Superior Courts c. United States Court of Appeals d. United States Supreme Court

3. There are four amendments to the U.S. Constitution that, more than the others, pertain specifically to providing and guaranteeing the rights of persons accused of crimes. Which of the following is NOT one of these four?

a. Sixth Amendment b. Fourth Amendment c. First Amendment d. Fifth Amendment

4. A Writ of Certiorari is used to __________.

a. ask the U.S. Supreme Court to hear an appeal of a case decided at a lower level b. publish a decision made by the U.S. Supreme Court c. overrule a decision of the U.S. Supreme Court d .declare a law to be unconstitutional 5. Your reading material lists and explains four specific exceptions to the exclusionary rule. Which of the following is NOT one of these?

a. good faith exception b. impeachment exception c. inevitable discovery d. gravity of the matter

6. There is/are __________ Circuit Court of Appeals.

a. 1 b. 6 c. 13 d. 50

7. The term "double jeopardy" refers to __________.

a. charging a person repeatedly for the same crime b. including more than one count of crime in a single charge c. forcing a suspect to speak with police without a lawyer present d. an unsatisfactory delay in bringing a case to trial

8. Examine the following citation and then answer the question: Smith v. McDonough, 701 F. Supp. 347 (D.R.I. 1996) In the preceding citation the volume number is __________ and the page number is __________.

a. 347, 1996 b. 701, 1996 c. 347, 701 d. 701, 347 9. In order to be valid under the Constitution, all search warrants must __________. a. identify specifically the property to be seized b. name or describe with particularity the person or place to be searched c. bothaandb d. none of the above

10. The part of a brief that outlines the specific underlying facts of a case and how it arrived before the court is called __________.

a. Facts and Background b. Facts and Travel c. Background d. Background and Citation

11. An ineffective assistance claim must show that __________.

a. counsel's performance was deficient b. the deficiency performance prejudiced the defendants c. bothaandb d. none of the above

12. The purpose of the section of a brief called the Analysis and Holding is to __________.

a. provide a "map" of the route that the court followed to arrive at its ultimate conclusion b. predict how the decision may be applied to similar issues in the future c. provide a legal framework for how the case will ultimately be decided d. all of the above

13. The issues of excessive bail or cruel and unusual punishment are addressed in the __________ Amendment to the U.S. Constitution.

a. Second b. Fourth c. Sixth d. Eighth 14. The legal term "venue" refers to __________. a. the facts of a case b. a legal opinion c. a location d. an issue

15. The federal and state volumes that catalogue court decisions and opinions are called __________.

a. journals b. transcripts c. reporters d. reviews

16. Which of the following is a FALSE statement?

a. The majority of criminal laws in the United States are enacted by states. b. Most criminal trials take place in state courts. c. All violations and trials find their roots in the U.S. Constitution. d. all of the above are False

17. The rule of "a year and a day" applies to __________.

a. a time limit for arraignments and trials b. suspended sentences c. limits of appeal d. maximum duration of trials

18. The U.S. Constitution was ratified in __________.

a. 1776 b. 1788 c. 1792 d. 1796 19. The Miranda warning must include which of the following statements. a. anything you say may be held against you b. you have the right to remain silent c. you have the right to contact a lawyer d. all of the above

20. There have been __________ amendments to the U.S. Constitution, including the Bill of Rights.

a. 10 b. 21 c. 27 d. 36