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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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