Question 1

A Petition for Writ of Habeas Corpus should be filed:

Accepted Answer

A)  with the court in jurisdiction where conviction was entered. 
B)  with the court in jurisdiction where person is currently confined. 
C)  with the appellate court in state where conviction was entered. 
D)  with the U. S. Supreme Court. 
A)  with the court in jurisdiction where conviction was entered. 
B)  with the court in jurisdiction where person is currently confined. 
C)  with the appellate court in state where conviction was entered. 
D)  with the U. S. Supreme Court. B

Question 2

Prosecutors do not have absolute immunity in Civil Rights Act cases if they maliciously file criminal charges against a person they know is innocent.

Accepted Answer

A) True 
 B)False  False

Question 3

In the United States, Double Jeopardy applies to cases that are reversed on appeal:

Accepted Answer

A)  case can never be filed again 
B)  case can be re-filed except when the conviction was reversed due to insufficient evidence 
C)  case can be filed again only if prosecutor has new evidence of defendant's guilt 
D)  refilling the criminal charges is solely within the discretion of the prosecutor 
A)  case can never be filed again 
B)  case can be re-filed except when the conviction was reversed due to insufficient evidence 
C)  case can be filed again only if prosecutor has new evidence of defendant's guilt 
D)  refilling the criminal charges is solely within the discretion of the prosecutor B

Question 4

Section 1983 allows a person to sue a local government employee in federal court for a violation of:

Accepted Answer

A)  Fourth Amendment. 
B)  Due Process. 
C)  Equal Protection. 
D)  All of these 
A)  Fourth Amendment. 
B)  Due Process. 
C)  Equal Protection. 
D)  All of these

Question 5

Earle is a state court judge in a small town in Kansas. The mayor is outraged by some of Earle's rulings. Earle does not like local politics so he has decided he would rather be a judge in a federal court. He thinks this may be difficult because Kansas only has one U. S. District Court. Earle wants to pursue his dream of being a U. S. District Court judge. Which of the following is most likely to help?

Accepted Answer

A)  Ask the Kansas State Judicial Council to nominate him 
B)  Ask one of the U. S. Senators from Kansas to submit his name to the president 
C)  Run ads on TV in Washington, D.C. 
D)  File appropriate papers to run for a judgeship in the U. S. District Court in Kansas at the next election 
A)  Ask the Kansas State Judicial Council to nominate him 
B)  Ask one of the U. S. Senators from Kansas to submit his name to the president 
C)  Run ads on TV in Washington, D.C. 
D)  File appropriate papers to run for a judgeship in the U. S. District Court in Kansas at the next election

Question 6

The plaintiff in a civil case establishes the case by a preponderance of the evidence he/she will win the case.

Accepted Answer

A) True 
 B)False

Question 7

An indigent defendant who has been convicted of a felony has the right to appointed counsel for:

Accepted Answer

A)  all appeals of the conviction. 
B)  all appeals of conviction in state court but not federal court. 
C)  only for first post-conviction appeal. 
D)  only for appeals filed by the prosecution. 
A)  all appeals of the conviction. 
B)  all appeals of conviction in state court but not federal court. 
C)  only for first post-conviction appeal. 
D)  only for appeals filed by the prosecution.

Question 8

Frank is a judge in the Los Angeles County Superior Court. He has been a judge for 10 years and has served in both civil and criminal courts. The governor has informed Frank that he is being appointed to the California Court of Appeals. He will be in the Second District which covers Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties. Frank has some questions about his new job. Is Frank required to vote to reverse a criminal case if constitutional errors occurred at trial?

Accepted Answer

A)  Yes, the defendant's constitutional rights must be protected. 
B)  He should vote to reverse only if he is convinced that error affected the outcome of the case. 
C)  He should not vote to reverse due to constitutional errors because only the federal appellate courts are allowed to consider constitutional issues. 
D)  He should not vote to reverse if the error occurred in a jury trial because appellate judges must respect the jury's determination of guilt. 
A)  Yes, the defendant's constitutional rights must be protected. 
B)  He should vote to reverse only if he is convinced that error affected the outcome of the case. 
C)  He should not vote to reverse due to constitutional errors because only the federal appellate courts are allowed to consider constitutional issues. 
D)  He should not vote to reverse if the error occurred in a jury trial because appellate judges must respect the jury's determination of guilt.

Question 9

In a criminal case, the jurors are instructed that they must acquit if they have any doubt about the defendant's guilt.

Accepted Answer

A) True 
 B)False

Question 10

State court systems have a hierarchical organization .

Accepted Answer

A) True 
 B)False

Question 11

Earle is a state court judge in a small town in Kansas. The mayor is outraged by some of Earle's rulings. Earle does not like local politics so he has decided he would rather be a judge in a federal court. He thinks this may be difficult because Kansas only has one U. S. District Court. Which of the following would violate the principle of independent judiciary?

Accepted Answer

A)  Earle was voted out of office by the local population after the mayor ran a publicity campaign about Earle's most unpopular rulings. 
B)  Earle was impeached because he accepted a bribe. 
C)  Earle was removed from office by the governor at the request of the mayor. 
D)  Earle lost his judgeship because the court boundaries were changed to favor larger cities. 
A)  Earle was voted out of office by the local population after the mayor ran a publicity campaign about Earle's most unpopular rulings. 
B)  Earle was impeached because he accepted a bribe. 
C)  Earle was removed from office by the governor at the request of the mayor. 
D)  Earle lost his judgeship because the court boundaries were changed to favor larger cities.

Question 12

Geographical jurisdiction of a court in a criminal case is based on the location where the crime was committed.

Accepted Answer

A) True 
 B)False

Question 13

Frank is a judge in the Los Angeles County Superior Court. He has been a judge for 10 years and has served in both civil and criminal courts. The governor has informed Frank that he is being appointed to the California Court of Appeals. He will be in the Second District which covers Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties. Frank has some questions about his new job. Will Frank be hearing appeals from criminal cases?

Accepted Answer

A)  No, all appeals from trials in the state' trial courts go directly to the state's highest appellate court. 
B)  No, only the federal courts can reverse convictions from state trial courts. 
C)  Yes, if a defendant in a state criminal case who was not sentenced to death appeals, the state court of appeals reviews the record of what transpired at the trial court level. 
D)  Yes, but only for defendant convicted in state trial court who assert that there is newly discovered evidence. 
A)  No, all appeals from trials in the state' trial courts go directly to the state's highest appellate court. 
B)  No, only the federal courts can reverse convictions from state trial courts. 
C)  Yes, if a defendant in a state criminal case who was not sentenced to death appeals, the state court of appeals reviews the record of what transpired at the trial court level. 
D)  Yes, but only for defendant convicted in state trial court who assert that there is newly discovered evidence.

Question 14

An appellate court only considers issues raised by the parties in their briefs.

Accepted Answer

A) True 
 B)False

Question 15

If a defendant waits for 1 year after being convicted to file a direct appeal the appeal will be dismissed.

Accepted Answer

A) True 
 B)False

Question 16

Explain how the constitutional system of checks and balances impacts the criminal justice system.

Accepted Answer

Law enforcement and corrections are part

Question 17

The statute of limitations applies to the time elapsed between:

Accepted Answer

A)  commission of crime and filing criminal charges. 
B)  commission of crime and beginning of trial. 
C)  filing charges and beginning of trial. 
D)  conviction and final decision by appellate courts. 
A)  commission of crime and filing criminal charges. 
B)  commission of crime and beginning of trial. 
C)  filing charges and beginning of trial. 
D)  conviction and final decision by appellate courts.

Question 18

State court judges must follow all rulings of the U.S. Supreme Court.

Accepted Answer

A) True 
 B)False

Question 19

The largest portion of the workload of the trial courts is related to:

Accepted Answer

A)  processing warrants. 
B)  pre-trial events. 
C)  trials. 
D)  sentencing. 
A)  processing warrants. 
B)  pre-trial events. 
C)  trials. 
D)  sentencing.

Question 20

The document used to ask the U.S. Supreme Court to hear a case is called:

Accepted Answer

A)  Petition for Writ of Certiorari. 
B)  Petition to Proceed in Forma Pauperis. 
C)  Petition for Writ of Habeas Corpus. 
D)  Petition for Hearing. 
A)  Petition for Writ of Certiorari. 
B)  Petition to Proceed in Forma Pauperis. 
C)  Petition for Writ of Habeas Corpus. 
D)  Petition for Hearing.

A Petition for Writ of Habeas Corpus should be filed:

Prosecutors do not have absolute immunity in Civil Rights Act cases if they maliciously file criminal charges against a person they know is innocent.

In the United States, Double Jeopardy applies to cases that are reversed on appeal:

Section 1983 allows a person to sue a local government employee in federal court for a violation of:

The plaintiff in a civil case establishes the case by a preponderance of the evidence he/she will win the case.

An indigent defendant who has been convicted of a felony has the right to appointed counsel for:

In a criminal case, the jurors are instructed that they must acquit if they have any doubt about the defendant's guilt.

State court systems have a hierarchical organization .

Geographical jurisdiction of a court in a criminal case is based on the location where the crime was committed.

An appellate court only considers issues raised by the parties in their briefs.

If a defendant waits for 1 year after being convicted to file a direct appeal the appeal will be dismissed.

Explain how the constitutional system of checks and balances impacts the criminal justice system.

The statute of limitations applies to the time elapsed between:

State court judges must follow all rulings of the U.S. Supreme Court.

The largest portion of the workload of the trial courts is related to:

The document used to ask the U.S. Supreme Court to hear a case is called:

Introduction

The Adjudication Process

Types of Evidence

Direct and Circumstantial Evidence

Witnesses

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay and Its Exceptions

Privileged Communications

Developing Law of Search and Seizure

Field Interviews, Arrests and Jail Searches

Plain View, Consent, Vehicle, and Administrative Searches

USA Patriot Act, Foreign Intelligence, and Other Types of Electronic Surveillance Covered by Federal Law

Self-Incrimination

Identification Procedures

Preparing the Case for Court

Filters

Exam 2: The Role of the Courts

A Petition for Writ of Habeas Corpus should be filed:

Prosecutors do not have absolute immunity in Civil Rights Act cases if they maliciously file criminal charges against a person they know is innocent.

In the United States, Double Jeopardy applies to cases that are reversed on appeal:

Section 1983 allows a person to sue a local government employee in federal court for a violation of:

The plaintiff in a civil case establishes the case by a preponderance of the evidence he/she will win the case.

An indigent defendant who has been convicted of a felony has the right to appointed counsel for:

In a criminal case, the jurors are instructed that they must acquit if they have any doubt about the defendant's guilt.

State court systems have a hierarchical organization .

Geographical jurisdiction of a court in a criminal case is based on the location where the crime was committed.

An appellate court only considers issues raised by the parties in their briefs.

If a defendant waits for 1 year after being convicted to file a direct appeal the appeal will be dismissed.

Explain how the constitutional system of checks and balances impacts the criminal justice system.

The statute of limitations applies to the time elapsed between:

State court judges must follow all rulings of the U.S. Supreme Court.

The largest portion of the workload of the trial courts is related to:

The document used to ask the U.S. Supreme Court to hear a case is called:

Introduction

The Adjudication Process

Types of Evidence

Direct and Circumstantial Evidence

Witnesses

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay and Its Exceptions

Privileged Communications

Developing Law of Search and Seizure

Field Interviews, Arrests and Jail Searches

Plain View, Consent, Vehicle, and Administrative Searches

USA Patriot Act, Foreign Intelligence, and Other Types of Electronic Surveillance Covered by Federal Law

Self-Incrimination

Identification Procedures

Preparing the Case for Court

Filters