Question
Court Processing- Question 1 - The key characteristics of common law include all of the following, except: predominately judge-made based on justice found in multiple
Court Processing-
Question 1 - The key characteristics of common law include all of the following, except:
predominately judge-made | |
based on justice | |
found in multiple sources | |
applies rules of law found in previous cases |
Question 2 - The burden of proof required for a victory in a civil case is:
preponderance of evidence | |
beyond a reasonable doubt | |
probable cause | |
reasonable suspicion |
Question 3 - Much of the Bill of Rights has been made applicable to the states through the:
Fourth Amendment | |
doctrine of precedent | |
legislative process | |
Fourteenth Amendment |
Question 4 - The prosecution always bears the burden of persuading the trier-of-fact that the defendant:
is guilty based on clear and convincing evidence. | |
committed the majority of the elements of the crime(s) charged | |
committed each and every element of the crime(s) charged | |
is guilty and deserves to be punished to the fullest extent of the law |
Question 5 - Corpus delicti is a Latin phrase meaning:
guilty act | |
body of the crime | |
guilty mind | |
body of the victim |
Question 6 - Which of the following is not an element of a crime?
Mens rea | |
Actus reus | |
Attendant circumstances | |
Guilty conscience |
Question 7 - Mens rea refers to the:
guilty act | |
body of the crime | |
scene of the crime | |
guilty mind |
Question 8 - Which Amendment to the U.S. Constitution prohibits unreasonable searches and seizures?
First Amendment | |
Fourth Amendment | |
Fifth Amendment | |
Eighth Amendment |
Question 9 - Which two Amendments to the U.S. Constitution mention due process?
Fifth and Sixth | |
Eighth and Tenth | |
Fifth and Fourteenth | |
Eighth and Fourteenth |
Question 10 - Victims of crime are increasingly resorting to:
notifying law enforcement | |
criminal prosecution | |
vigilantism | |
civil litigation |
Question 11 - Unlike all the other states, this state derives its civil law from the Napoleonic Code.
Alabama | |
Wisconsin | |
Louisiana | |
Florida |
Question 12 - A court order directing a specific action or lack of action is known as an:
interrogatory | |
indictment | |
injunction | |
interdiction |
Question 13 - An example of a legal attendant circumstance would be:
the credibility of eyewitnesses | |
the defendant's character | |
the defendant's getaway vehicle | |
the amount of money or goods stolen |
Question 14 - The primary justification for providing constitutional safeguards in the criminal justice process is to ensure that:
innocent persons are not harassed or wrongly convicted | |
the guilty are punished | |
society administers justice to the accused | |
convictions are not overturned on appeal |
Question 15 - Which of the following is the highest burden of proof?
Clear and convincing evidence | |
Preponderance of evidence | |
Probable cause | |
Proof beyond a reasonable doubt |
Question 16 - Most civil cases involve a request for:
declaratory judgment | |
monetary damages | |
an injunction | |
temporary restraining order |
Question 17 - A common civil remedy used in drug cases is:
writ of habeas corpus | |
mandatory minimum sentences | |
asset forfeiture | |
declaratory damages |
Question 18 - This Amendment to the U.S. Constitution guarantees the right to counsel.
Fourth | |
Fifth | |
Sixth | |
Eighth |
Question 19 - The party who initiates a civil suit is known as the:
Appellant | |
Victim | |
appellee | |
plaintiff |
Question 20 - Laws created by federal and state legislatures are known as:
ordinances | |
statutes | |
administrative regulations | |
legislation |
Question 21 - Substantive law creates:
only criminal law | |
only civil law | |
methods of enforcing legal obligations | |
legal obligations |
Question 22 - Infancy and insanity are known as:
substantive defenses | |
excuse defenses | |
justification defenses | |
mental incapacity defenses |
Question 23 - When a plaintiff files a civil lawsuit they seek to obtain:
a remedy such as monetary damages or an injunction. | |
public acknowledgement of some wrong committed against them. | |
a conviction against someone who committed a crime against them. | |
retribution through the justice criminal justice process. |
Question 24 - The two major adversary actors in the criminal justice system are:
police and criminals | |
courts and the media | |
prosecutors and defense attorneys | |
defendants and victims |
Question 25 - The obligation of a party to produce evidence to put facts in issue is called the burden of:
presumption | |
production | |
progression | |
persuasion |
Question 26 - The United States operates under the adversary system of law, characterized by which of the following important principles?
Accusations of criminal conduct would not be raised against a defendant unless there was some certainty of guilt. | |
That two parties approaching the facts from entirely different perspectives offers the best chance at uncovering the truth. | |
Obtaining the truth is paramount regardless of the methods employed in uncovering it. | |
That punishment should be swift and certain. |
Question 27 - Which of the following is one example of a safeguard provided by the adversarial system?
The presumption of equality | |
Pretrial detention of defendants | |
The right to compensation for losses suffered | |
The right to cross-examination |
Question 28 - From the case citation Miranda v. Arizona, 384 U.S. 436 (1966), the reader knows which of the following?
The decision is in favor of the defendant. | |
The case was a criminal case. | |
The case is in volume 384 of the Supreme Court Reports. | |
The case is found on page 1966. |
Question 29 - When a defendant bears the burden of persuasion to prove a defense, it is called a(n):
alibi defense | |
affirmative defense | |
defense rebuttal | |
violation of due process |
Question 30 - When government prosecutors file an in rem asset forfeiture proceeding, and the property at issue is seized, what must the owner of the property do to get his property back?
The burden of proof is on the government that the property is subject to forfeiture--the owner does not need to do anything. | |
The owner must show that the property was not used illegally. | |
File a countersuit alleging a Fourth Amendment violation of the right against unreasonable seizures | |
Nothing. These types of proceedings have been declared unconstitutional by the Supreme Court. |
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