Deck 1: The American Criminal Court System

Question 1

Sources of law include

A) judge-made law.
B) legislative law.
C) post hoc law.
D) both a and b

Answer 1

D

Question 2

Statutes are often written

A) narrowly.
B) broadly.
C) specifically.
D) both a and c

Answer 2

B

Question 3

The two most common primary sources of law are

A) judge-made law and common law.
B) common law and legislation.
C) judicial law and common law.
D) statutes and bills.

Answer 3

B

Question 4

Administrative regulations are developed by which of the following?

A) judges
B) legislators
C) governmental agencies
D) the president

Question 5

The Constitution is primarily concerned with setting forth the

A) duties of the states.
B) rights of the individuals.
C) powers of the federal government.
D) judicial branch and the legislative branch.

Question 6

The Bill of Rights is the primary source of

A) states' rights.
B) governmental rights.
C) individual rights.
D) executive branch rights.

Question 7

Supporters of a strong centralized government were called

A) states' rights supporters.
B) federalists.
C) nationalists.
D) socialists.

Question 8

The Fourth Amendment forbids unreasonable searches and seizures and requires the existence of ___________________ before warrants may be issued or a search or seizure may take place.

A) reasonable suspicion
B) probable cause
C) reasonable doubt
D) preponderance of the evidence

Question 9

Which constitutional amendment guarantees the right of people to peacefully assemble?

A) First Amendment
B) Second Amendment
C) Third Amendment
D) Fourth Amendment

Question 10

Which constitutional amendment guarantees the right to petition the government for a redress of grievances?

A) First Amendment
B) Second Amendment
C) Third Amendment
D) Fourth Amendment

Question 11

Which of the following actions is protected by the First Amendment?

A) being obscene
B) committing slander
C) burning a flag
D) uttering fighting words

Question 12

Which constitutional amendment grants the right of the people to keep and bear arms?

A) First Amendment
B) Second Amendment
C) Third Amendment
D) Fourth Amendment

Question 13

Which constitutional amendment prohibits the government from quartering troops in the homes of people without the consent of the property owners?

A) Second Amendment
B) Third Amendment
C) Fourth Amendment
D) Fifth Amendment

Question 14

Which constitutional amendment states that no warrant shall be issued unless probable cause for the warrant is established?

A) Second Amendment
B) Third Amendment
C) Fourth Amendment
D) Fifth Amendment

Question 15

Which constitutional amendment prohibits double jeopardy?

A) Third Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment

Question 16

Which constitutional amendment prohibits a person from having to testify in court against his or her will?

A) Third Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment

Question 17

Which constitutional amendment guarantees the right to face one's accuser?

A) Third Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment

Question 18

Which constitutional amendment guarantees that a person has an impartial jury?

A) Third Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment

Question 19

Which constitutional amendment prohibits cruel and unusual punishment?

A) Seventh Amendment
B) Eighth Amendment
C) Ninth Amendment
D) Tenth Amendment

Question 20

Which constitutional amendment prohibits excessive bail?

A) Seventh Amendment
B) Eighth Amendment
C) Ninth Amendment
D) Tenth Amendment

Question 21

Which constitutional amendment states that the listing of all rights in the U.S. Constitution is not a complete list of rights of each person?

A) Seventh Amendment
B) Eighth Amendment
C) Ninth Amendment
D) Tenth Amendment

Question 22

Which constitutional amendment is often known as protecting the rights of the individual states?

A) Seventh Amendment
B) Eighth Amendment
C) Ninth Amendment
D) Tenth Amendment

Question 23

Which constitutional amendment has been used to incorporate the Bill of Rights to the individual states?

A) Seventh Amendment
B) Ninth Amendment
C) Tenth Amendment
D) Fourteenth Amendment

Question 24

The Fifth Amendment includes

A) freedom from double jeopardy.
B) a speedy trial.
C) a public trial.
D) notification of charges.

Question 25

The Supreme Court has determined that the right to counsel means that indigent persons who cannot afford to hire a lawyer must be provided a lawyer at the state's expense. This is known as

A) retained counsel.
B) public defenders.
C) appointed counsel.
D) public prosecutors.

Question 26

Fundamental rights are those freedoms essential to the concept of ordered liberty, rights without which neither liberty nor justice would exist. Examples include

A) the Bill of Rights.
B) the Fourteenth Amendment.
C) the Twenty-Fifth Amendment.
D) both a and b

Question 27

The essence of the Fourteenth Amendment was to bar __________ from infringing on individual rights.

A) the federal government
B) city municipalities
C) state governments
D) both a and c

Question 28

The Constitution, drawn up at the Constitutional Convention in 1787, created a federal government with three branches. These branches are the

A) legislative, executive, and judicial.
B) legislative and judicial.
C) presidential, legislative, and judicial.
D) legislative, executive, and state supreme court.

Question 29

Rights that "are of such a nature that they are included in the conception of due process" became known as

A) fundamental rights.
B) ordered liberty.
C) unquestionable guarantees.
D) both a and b

Question 30

The power of the court to examine a law and determine whether the law is constitutional is called

A) strict scrutiny.
B) judicial review.
C) ex post facto.
D) stare decisis.

Question 31

Evidence law is the set of rules that governs what the jury can __________ during a trial.

A) smell and taste
B) hear and feel
C) hear and see
D) both a and b

Question 32

A court's jurisdiction is conferred by

A) the president or the legislature.
B) the people through direct election.
C) tradition and the common law.
D) statutory or constitutional law.

Question 33

Personal jurisdiction involves the power of the court

A) to review the decision of a lower court.
B) to retry a case.
C) over a person.
D) to engage in judicial review.

Question 34

Which type of jurisdiction is also known as "venue"?

A) personal jurisdiction
B) subject matter jurisdiction
C) geographic jurisdiction
D) hierarchical jurisdiction

Question 35

What type of jurisdiction must a court have to hear many different types of cases?

A) general
B) limited
C) original
D) appellate

Question 36

What type of jurisdiction does a juvenile court have?

A) general
B) hierarchical
C) limited
D) appellate

Question 37

What type of jurisdiction allows a court to review the decisions of other courts?

A) general
B) limited
C) original
D) appellate

Question 38

What type of jurisdiction does the United States Supreme Court have when a suit between two states is initiated?

A) general
B) limited
C) original
D) appellate

Question 39

____ All societies have developed methods of resolving disputes.

Question 40

____ Laws are created by legislatures.

Question 41

____ Evidence law applies only to criminal cases.

Question 42

____ A constitution does not create a government.

Question 43

____ Criminal law is sometimes referred to as the "penal code."

Question 44

____ Supporters of a weak central government were known as Federalists.

Question 45

____ The Articles of Confederation could raise an army but could not tax.

Question 46

____ The freedom to worship is absolute.

Question 47

____ The Fifth Amendment involves rights associated with criminal trials.

Question 48

____ The Eighth Amendment prohibits excessive bail and cruel and unusual punishment.

Question 49

____ States cannot treat people differently.

Question 50

____ One supporter of total incorporation was Justice Hugo Black.

Question 51

____ "Judicial review" simply means the power of the court, specifically judges, to examine a law and to determine whether the law is constitutional.

Question 52

____ Judicial review is specifically provided for in the Constitution.

Question 53

____ Marbury v. Madison is perhaps the most important case ever decided by the Supreme Court.

Question 54

____ Relevant evidence is evidence that is in a form a jury is permitted to hear or see.

Question 55

____ Competent evidence is evidence that pertains to the matter at hand.

Question 56

____ The United States follows what is often referred to as the "common law system."

Question 57

____ One of the functions of courts is making public policy decisions.

Question 58

____ Jurisdiction is conferred by statutory or constitutional law.

Question 59

____ Personal jurisdiction involves jurisdiction over the offense.

Question 60

____ "Geographic jurisdiction" refers to the authority of courts to hear cases that occur within specific boundaries.

Question 61

____ Criminal law involves disputes between two private parties.

Question 62

____ "Appellate jurisdiction" means the power of a court to review a decision of a lower court.

Question 63

____ Appellate courts conduct retrials.

Question 64

____ Courts created under the authority of Article III of the Constitution are sometimes referred to as "federal district courts."

Question 65

____ Every state has at least one U.S. district court.

Question 66

____ Federal district courts have original jurisdiction only in criminal cases involving federal statutes.

Question 67

____ Until recently, much of the federal court docket comprised civil cases.

Question 68

____ Federal district courts are courts of general jurisdiction.

Question 69

____ The federal court of appeals is occasionally referred to as "circuit court."

Question 70

____ The bulk of the Supreme Court's docket is composed of cases taken on appeal from either the federal courts of appeal or state supreme courts.

Question 71

Why does the law exist?

Question 72

What is evidence law?

Question 73

What were supporters of a strong centralized government called? And what were supporters of a weak centralized government called?

Question 74

The Fifth Amendment prohibits placing someone in double jeopardy. What does this concept mean?

Question 75

What is the difference between a true bill and a no bill?