Deck 1: The Basics of Criminal Law

Question 1

What happens when an appellate court reverses a lower court's decision?

A)The case is sent back to the trial level for further action consistent with the appellate decision.
B)The reversal nullifies or sets aside a trial verdict.
C)The reversal sets the defendant free.
D)None of the above.

Answer 1

B

Question 2

Which applies to courts of limited jurisdiction?

A)Courts of limited jurisdiction try all criminal cases.
B)Courts of limited jurisdiction hear appeals.
C)Courts of limited jurisdiction hear only traffic cases.
D) None of the above

Answer 2

D

Question 3

What does that mean when an appellate court agrees with a lower court's decision?

A)The appellate court affirms the decision.
B)The appellate court reverses the decision.
C)The appellate court vacates the decision.
D)The appellate court remands the decision.

Answer 3

A

Question 4

What do some consider to be the only goal of the criminal law?

A)Retribution
B)Punishment
C)Rehabilitation
D)None of the above

Question 5

At the state level, what reference is used when referring to trial courts?

A)Courts of limited jurisdiction
B)Courts of general jurisdiction
C)District courts
D)None of the above

Question 6

What is the action brought forth by victims for the purpose of gaining financial compensation for injuries or losses suffered because of wrongful actions from another?

A)Criminal procedure
B)Tort
C)Criminal tort
D)None of the above

Question 7

Which Amendment states: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation?"

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 8

Which of the following is a relevant constitutional amendment in criminal procedure?

A)The Fourth Amendment
B)The Fifth Amendment
C)The Fourteenth Amendment
D)All of the above

Question 9

How many federal district courts are there in the U.S.?

A)10
B)89
C)92
D)94

Question 10

One of the goals of the criminal law is community protection, which stems from what type of perspective?

A)Totalitarian
B)Incapacitation
C)Utilitarian
D)None of the above

Question 11

What protection is provided by the Fourth Amendment?

A)Self-incrimination
B)Due process violations
C)Unreasonable searches and seizures
D)Cruel and unusual punishments

Question 12

What major government document announces important limitations on government authority with respect to the investigation and prosecution of crime?

A)Criminal statutes
B)Common law
C)Bill of Rights
D)Penal code

Question 13

Which of the following apply to the Fifth Amendment?

A)Speedy trials
B)Compulsory process
C)Public trials
D)All of the above

Question 14

What protection is provided by the Fifth Amendment?

A)Double jeopardy
B)Self-incrimination
C)Due process violations
D)All of the above

Question 15

At the federal level, what reference is used when referring to trial courts?

A)Courts of limited jurisdiction
B)Courts of general jurisdiction
C)District courts
D)None of the above

Question 16

What is the process whereby all the parties with a state in a particular offense come together to resolve, collectively, how to deal with the aftermath of the offense and its implications for the future?

A)Rehabilitation
B)Retaliation
C)Corrective action
D)Restoration

Question 17

Regarding appellate courts, which statement is true?

A)Appellate courts can overrule their prior precedent.
B)Appellate courts engage in rule-making.
C)Appellate courts can reverse lower courts' factual decisions only for clear error.
D) All the above

Question 18

What protects offenders by ensuring proportionate and non-arbitrary punishment?

A)Criminal law
B)Criminal action
C)Criminal rights
D)Criminal activists

Question 19

What is a "planned intervention that is intended to change offenders for the better"?

A)Rehabilitation
B)Retaliation
C)Restoration
D)Regulation

Question 20

Which of the following appellate decisions most closely resembles a reversal?

A)Remand
B)Affirm
C)Vacate
D)None of the above

Question 21

A case brief includes answers to which of the following questions?

A)What is procedural history?
B)What is the holding, decision, or disposition?
C)What is the essence of the dissent, if there is one?
D)All of the above

Question 22

When studying court opinions, a majority opinion that is odds with the minority opinion is known as dissent.

Question 23

Stare decisis is synonymous with distinguishing cases.

Question 24

In criminal prosecution, what falls first on the government as the responsibility to provide evidence that a person committed a crime?

A)Probable cause
B)Evidentiary action
C)Burden of proof
D)Presentation to the jury

Question 25

A concurring opinion disagrees with the court's decision.

Question 26

If a case involves federal law, it will be tried in federal court.

Question 27

The lowest courts at the state level are courts of general jurisdiction.

Question 28

Remand in the appeals context, is what happens when an appellate court sends a case forward to the Supreme Court for review and affirmation.

Question 29

The prosecutor is the official who charges the defendant and is tasked with representing the government in court.

Question 30

A jury that cannot reach a verdict and becomes hopelessly deadlocked is known as a hung jury.

Question 31

The two main verdicts that can be reached in a trial, guilty and not guilty, do not speak to factual guilt or innocence.

Question 32

Criminal procedure consists of a vast set of rules and guidelines describing how suspected and accused criminals are to be handled and processed by the justice system.

Question 33

What promotes argument, debate, and openness within the court system of the United States?

A)Adversarialism
B)Controversialism
C)Controlism
D)Argumentarism

Question 34

The U.S. has a three-tiered court structure.

Question 35

What is the jury practice of either ignoring or misapplying the law in a certain situation that is opposite of what would be expected by tradition, process, or law?

A)Jury notification
B)Jury criminalization
C)Jury nullification
D)Jury inaction

Question 36

The U.S. Courts of appeals can be found in 11 judicial circuits.

Question 37

A dual system of state and federal court systems exists today.

Question 38

When an appellate court finds that the decision of a lower court is incorrect, the appellate court overrules the lower court's decision.

Question 39

What evidence seeks to demonstrate a certain point, such as drawings, diagrams, illustrations, and computer simulations that are used to help jurors understand how a crime was likely committed?

A)Demonstrative evidence
B)Circumstantial evidence
C)Real evidence
D)Material evidence

Question 40

Courts of general jurisdiction are trial courts.

Question 41

List all of the court levels in the United States and discuss the jurisdiction and responsibilities of each. Which court is the highest court in the land?

Question 42

_____________________ is the act of removing an individual from society so that person can no longer offend.

Question 43

__________________ is a planned intervention that is intended to change offenders for the better.

Question 44

_________________________are courts that have jurisdiction over relatively minor offenses and infractions. A traffic court fits in this category.

Question 45

The prosecutor is often described as the trier of law (or finder of law), meaning that he or she is generally tasked with resolving any legal matter that comes before the court.

Question 46

The _____________________ has mandatory jurisdiction in capital criminal and disciplinary cases and considered the Court of Last Resort.

Question 47

Inquisitorial justice is often likened to justice from the past, such as in medieval England, and particularly at the hands of the early Christian church.

Question 48

A _________ opinion agrees with the majority decision but for different reasons.

Question 49

The _____________________ is the official who charges the defendant and is tasked with representing the government in court.

Question 50

A law enforcement officer sees a man come out of a local convenience store. The man looks fervently in all directions; looks down at an object in his hands; and then begins running around the side of the store. The temperature of the night is fairly cool, but above freezing. The officer believes that the man has exhibited actions that make the officer believe that he has either stolen something from the store or committed a robbery. The officer approaches the suspect, who stopped running when the officer commanded him to stop. As the officer approaches the suspect, the man turns with his hands in the pockets of his coat. The officer orders the man to remove his hands from his pockets. The suspect simply stands, facing the officer, with his hands still in his coat pockets. The officer notices movement of the suspect's right hand in the coat pocket. Thinking that the man may have a weapon hidden in the coat pocket, the officer draws his weapon; points the weapon at the suspect; and orders the suspect to comply with his order to show his hands. Immediately, the suspect pulls his hands from his pockets and points an object at the officer. Because of the darkness of the night and the sudden action of the suspect the officer assumes the object to be a pistol and fires his weapon in perceived self-defense. The officer, based on training, fires the weapon with the intent to only to stop the assault. The suspect is struck in the leg and drops to the ground. The officer approaches the fallen suspect and observes that the object thought to be a weapon is actually a candy bar. The officer contacts dispatch for emergency assistance from Life Care. The suspect is transported to the hospital. Further investigation reveals that the suspect had indeed stolen the candy bar along with numerous other items from the convenience store. During his trial, the suspect's attorney files a motion to dismiss the case based on unlawful use of force based on the fact that the defendant was proven to have no weapon in his possession. The motion is denied. The defendant appeals the case. What should the appellate court consider during the review of this case? What decision should the appellate court develop?

Question 51

An ________________ is the rationale for an appellate court's decision subscribed to by the majority of judges or justices, usually authored by one judge or justice.

Question 52

_______________________specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, and what defenses can be invoked by individuals who break it.

Question 53

Describe how cases move about in the state and federal court systems. How do cases arrive at the U.S. Supreme Court?

Question 54

An appellant court may develop one of four decisions or any multiples of the four when reviewing a case. Discuss each form of decision and the influence of that decision on the case.

Question 55

_______________ is the assumption that when would-be offenders see a criminal held accountable, they opt to abide by the law for fear of suffering the same fate.

Question 56

_____________________, In terms of criminal law, is the notion that the criminal law should maximize the net happiness of society.

Question 57

_____________ is a private wrong or injury, for which a court will provide a remedy in the form of an "action," or a lawsuit, between the two parties.

Question 58

Should Americans enjoy a right to privacy, even though no such right is listed in the Constitution? Why?

Question 59

___________________ is a system of justice that pits two parties against each other in pursuit of the truth.

Question 60

A local fire department is dispatched to a single-wide trailer fire in the outskirts of the county. After extinguishing the flames, the firefighters discover the remains of a female lying in the burnt remnants of the bed in the master bedroom. The body had suffered such intense heat the chest cavity had burst open. The body remains were transported to the local coroner who performs an autopsy to confirm the reason for death and discovers a spent bullet lodged in the ribcage of the body. The coroner notifies the county sheriff's office of the discovery and suggests that the scene of the fire should be treated as a crime scene. The coroner transports the spent bullet to the sheriff's office along with a forensic report containing information that confirms the bullet was discovered in the body of the female victim. Subsequent investigation provides evidence that the victim's husband had hired another man to kill the victim in a manner that would make the crime appear to be an accident. Both suspects are tried and convicted of First Degree murder. The husband's attorney files for an appeal based on illegal search and seizure, alleging that the bullet discovered in the body was seized without a warrant and subsequent to the initial investigation. What decision should the appellate court develop? Does any existing case law substantiate your decision?