Deck 1: Introduction

Question 1

The burden of __________ is the burden on the prosecutor of moving a case forward through the presentation of evidence.

A) proof
B) production
C) persuasion
D) beyond a reasonable doubt

Answer 1

B

Question 2

Which of the following constitutes evidence?

A) Writings
B) Testimony
C) Material Objects
D) All of the above

Answer 2

D

Question 3

In Mapp v. Ohio (1961), the United States Supreme Court:

A) Established the exclusionary rule
B) Extended the exclusionary rule to defendants in state courts
C) Made all evidence seized without a warrant inadmissible in court
D) Defined the Fruit of the Poisonous Tree doctrine

Answer 3

B

Question 4

The prosecution's burden of proving the guilt of the defendant beyond a moral certainty is known as:

A) Burden of persuasion
B) Burden of production
C) Burden of proof
D) None of the above

Question 5

The predominant legal system in most of the world is:

A) Anglo-American common law
B) Civil law rooted in Roman law
C) Islamic law
D) Socialist law

Question 6

The origins of law in the United States can be traced to:

A) Ancient Babylonia
B) Rome
C) England
D) The Church

Question 7

The Court of Common Pleas:

A) Only heard cases that revolved around disputes that affected the community as a whole
B) Made decisions based on Roman law
C) Followed local customs in determining the outcome of disputes
D) Required people to travel far distances to have their disputes heard by a judge

Question 8

Historically, if an accused waived his or her right to a jury trial:

A) The accused would have to submit to "strong and continuing pain," which typically meant being crushed to death
B) The accused was then presumed guilty
C) The waiver was considered to be the equivalent of pleading guilty
D) All of the above

Question 9

As late as 1800, English law provided for the death penalty for _________ offenses.

A) 50
B) 100
C) 230
D) 350

Question 10

The jury, as the triers of fact, have difficult tasks, including:

A) Deciding which of two conflicting stories to believe
B) Avoiding being influenced by their own personal emotions or biases
C) Making rulings on complex issues of law
D) Both a and b

Question 11

In 1215, John was accused of committing a crime. Under the Magna Carta of 1215, John had all of the following rights except:

A) The right to a trial by jury
B) The right against self-incrimination
C) The right to an attorney
D) The right to limitations on his punishment

Question 12

Mary is asked by her high school teacher to discuss some key concepts of the United States Constitution. Mary's response should include all of the following, except:

A) The Constitution is powerful document, and it is the supreme law of the land
B) It created the powers of the executive, judicial, and legislative branches of the U.S. government
C) It provides for a representative democracy
D) It gave the people protection against the government in criminal proceedings

Question 13

In what case, decided in 1803, did the U.S. Supreme Court claim the authority to judicial review?

A) Marbury v. Madison
B) Cohens v. Virginia
C) Cooper v. Aaron
D) Martin v. Hunter's Lessee

Question 14

In 1958, the U.S. Supreme Court affirmed its authority of judicial review in:

A) Marbury v. Madison
B) Cohens v. Virginia
C) Cooper v. Aaron
D) Martin v. Hunter's Lessee

Question 15

Supreme Court judgments are binding on and must be followed by:

A) All judges in the state and federal judiciary systems
B) The president of the United States
C) Congress
D) All of the above

Question 16

John is seeking to appeal his case to the U.S. Supreme Court. He will begin the appeal process by first preparing _______________, requesting that the Court hear the case.

A) an appellate brief
B) a judgment from the lower court
C) writ of certiorari
D) none of the above

Question 17

A brief is a:

A) Written argument
B) A collateral attack
C) A short summary of the facts of a case
D) A short summary of the court's opinion

Question 18

If a person wants to submit written argument in the appeal process, he or she does so in the form of a(n):

A) Brief
B) Appeal
C) Writ of certiorari
D) Opinion

Question 19

If a person has been convicted and is incarcerated and has exhausted his or her state appeals, the individual can file:

A) A constitutional challenge
B) A collateral attack
C) A dissenting opinion
D) Only a and b

Question 20

How many of the Supreme Court justices must agree if they are to issue a majority opinion?

A) 4
B) 5
C) 6
D) 7

Question 21

In support of a statement that the U.S. Supreme Court hears a very limited number of cases each year, you could rely on the following information:

A) The Court has no jurisdiction of the majority of the cases it is asked to hear
B) The Court hears about 150 of the 7,000 cases it is asked to hear each year
C) The Constitution gives the Court the authority to only hear 50 cases each year
D) The Court can only hear cases that involve a Constitutional issue

Question 22

The two primary ways for a case to reach the Supreme Court are:

A) Original jurisdiction and writ of certiorari
B) Original jurisdiction and collateral attack
C) Supervisory authority and appellate authority
D) Original jurisdiction and supervisory authority.

Question 23

A _________________ opinion is one where four justices agree, and along with various opinions from other judges, they constitute a majority.

A) plurality
B) concurring
C) majority
D) dissenting

Question 24

Which of the following are opinions of the Court that indicate agreement with the majority opinion?

A) Concurring
B) Dissenting
C) Plurality
D) Only a and c

Question 25

The federal district court system was authorized by:

A) Article I, Section III of the U.S. Constitution
B) The Bill of Rights
C) The president
D) Article III, Section I of the U.S. Constitution

Question 26

In addition to at least one federal judicial district in each state, federal judicial districts can also be found in:

A) Puerto Rico
B) the Northern Mariana Islands.
C) Guam
D) All of the above

Question 27

Federal circuit court of appeals sit in ____-judge panels.

A) two
B) three
C) five
D) nine

Question 28

If a case is heard en banc, the case is:

A) Heard without written briefs
B) Decided without the parties having to appear before the court
C) Heard by all of the judges in the circuit
D) Heard by only one judge

Question 29

A state Supreme Court has final word on all of the following except:

A) Local ordinances
B) State statutes
C) State constitution
D) Federal laws that impact state residents

Question 30

All of the following are true about a state's intermediate appellate court except:

A) They typically sit in panels of two to three judges
B) They do not hear witness testimony
C) They consider new evidence
D) They usually decide the case based on the transcript of the trial that was conducted in the lower court

Question 31

A court may distinguish the facts of a case that it is deciding from facts in a case that constitutes precedent in an effort to:

A) Create new law
B) Point out flaws in the precedent-setting case
C) Avoid overturning precedent
D) None of the above

Question 32

Constitutionalization (or naturalization) of the Bill of Rights involved interpretation of:

A) The States' Rights provision of the Constitution
B) The Due Process Clause of the 14th Amendment
C) Stare decisis
D) A case of first impression

Question 33

The holding that the "Constitution was ordained and established by the people of the United States for themselves for their own government, and not for the government of the individual states":

A) Addressed the issue of whether the Constitution applied to state government
B) Addressed the issue of whether the Bill of Rights applied to the states
C) Addressed the issue of whether slaves should have the right to citizenship
D) Addressed the issue of whether the U.S. Supreme Court could hear cases that originated in a state court

Question 34

Two approaches employed by the Supreme Court in response to the argument that the 14th Amendment, which applied to the states, included various provisions of the Bill of Rights to the U.S. Constitution are:

A) Fundamental Fairness and Total Incorporation.
B) Total Incorporation and Selective Incorporation.
C) Selective Incorporation and Discretionary Incorporation.
D) both a and b are correct.

Question 35

In Hurtado v. California, Hurtado challenged his conviction based on the argument that:

A) He was denied due process after being charged using an information
B) He had a constitutional right to be charged through and indictment by a grand jury
C) Being denied an attorney violated his constitutional rights
D) Only a and b

Question 36

In Dempsey v. Moore, the Supreme Court, using the "totality of the circumstances" test, relied on which of the following when deciding that the murder convictions of five of the defendants in the case violated due process?

A) African Americans were excluded from the juries.
B) The judges rushed through the trials.
C) Threatening mobs surrounded the courthouse during the trials.
D) All of the above

Question 37

What important constitutional right was brought into question following the trial and conviction of the "Scottsboro Boys"?

A) The right to an attorney
B) The right to a trial by a jury of their peers
C) The right to cross-examine witnesses against them
D) The right to not have to testify against themselves

Question 38

The Federal Rules of Evidence:

A) Were originally drafted in the 1960s
B) Apply to trial and appellate proceedings in federal courts
C) Attempted to combine common law with recent developments in law
D) All of the above are true

Question 39

Which of the following is a true statement?

A) All states have adopted the Federal Rules of Evidence.
B) All state are bound by the Federal Rules of Evidence.
C) The majority of state have adopted the Federal Rules of Evidence.
D) A minority of states have adopted the Federal Rules of Evidence.

Question 40

If a state does not adopt the Federal Rules of Evidence:

A) The state is in violation of federal law.
B) State defendants cannot seek remedy in the federal court system.
C) The state can look to federal court decisions in interpreting their own evidentiary codes.
D) All of the above are false.

Question 41

In a criminal trial, the defendant has a legal obligation to present a defense.

Question 42

In a criminal trial, the judge is always the law giver and not the fact finder.

Question 43

The common method of questioning used to obtain information from a witness during direct examination is the use of leading questions.

Question 44

In 1292, judges created an apprentice legal program at the Inns of Court.

Question 45

Following the Church's prohibition on trial by ordeal in 1215, judges established a system where a defendant's guilt or innocence was determined by 12 fair and impartial jurors.

Question 46

Representatives from only 12 of the 13 original colonies met in Philadelphia to draft the United States Constitution.

Question 47

The United States Constitution provides a system of checks and balances to ensure that no branch of government will become all powerful.

Question 48

The United State Supreme Court is the chief interpreter of the meaning of the U.S. Constitution.

Question 49

Judgments by the U.S. Supreme Court are not binding on the President of the United States.

Question 50

The authority of judicial review was granted to the U.S. Supreme Court by the U.S. Constitution.

Question 51

In order for a case to be heard by the U.S. Supreme Court, at least five of the justices must agree to hear the case.

Question 52

The most common way for a case to reach the U.S. Supreme Court is through original jurisdiction.

Question 53

There are 10 justices on the U.S. Supreme Court.

Question 54

There is a federal judicial circuit in Puerto Rico.

Question 55

The President of the United States appoints U.S. Supreme Court justices after his selection is approved by Congress.

Question 56

In an intermediate appellate court, the matter is usually decided on the written record of the trial from the lower court.

Question 57

A state Supreme Court decision is binding on all courts within its jurisdiction.

Question 58

Judges look forward to overturning precedent so they can make an important contribution to the law.

Question 59

Briefly explain "reasonable doubt."

Question 60

Explain the shifting of burdens associated with the introduction of an affirmative defense.

Question 61

Today there are two principle legal systems. What are they?

Question 62

Explain the U.S. Supreme Court's authority of judicial review, as claimed by the Court in Marbury v. Madison.

Question 63

Discuss the role William the Conqueror played in establishing a system of using precedent to decide legal disputes arising between citizens.

Question 64

Discuss why the trial of Quakers William Penn and William Mead in 1670 is considered an historical turning point in the development of a trial by jury.

Question 65

The U.S. Supreme Court cannot possibly hear all of the cases it is asked to hear each year. Discuss what types of issues are raised in the cases the Court tends to select for hearing and the impact their limited ability to hear cases has on criminal procedure in cases decided by the lower courts.