vocabualry
1. Criminal law is the branch of law that is concerned with which of the following?
A. conduct of individuals
B. conflicts between private parties
C. confirming candidates for judgeship
D. deciding on the amount of damages that should be paid
A. conduct of individuals
This picture shows a group of people at a Florida criminal trial. What is the purpose of this group?
A. to decide if there is enough evidence to charge the suspect with a serious crime
B. to listen to a case and agree that the plaintiff did what they were accused of doing
C. to decide if the defendant owes money to the plaintiff by a preponderance of the evidence
D. to listen to a case and come to a unanimous decision about the defendant’s guilt or innocence
D. to listen to a case and come to a unanimous decision about the defendant’s guilt or innocence
When people lose their court case, they have the right to appeal to a higher court. In order for higher courts to listen to this case, what must they issue to the lower court?
A. writ of certiorari
B. majority opinion
C. writ of mandamus
D. dissenting opinion
A. writ of certiorari
Which principle from Hammurabi’s code describes the legal tradition in the United States, that the burden to prove that someone has committed a crime is the responsibility of the prosecutor?
A. an eye for an eye
B. all are treated according to their position in society
C. innocent until proven guilty
D. presumed guilty until proven innocent
C. innocent until proven guilty
What was the impact of the decision in Dred Scott v. Sanford?
A. Slavery was prohibited in states that were north of the Mason-Dixon line.
B. The territories were allowed to decide on the question of slavery for themselves.
C. Enslaved people were ruled to be property, not citizens of the United States.
D. Slave catchers were allowed to go into free states to recover fugitives.
C. Enslaved people were ruled to be property, not citizens of the United States.
What is a jury?
A group of citizens who determine the verdict of a case
How can Americans ensure fair trials for those accused of crimes?
A. vote on election day
B. serve on a criminal jury
C. write their representative
D. volunteer with the investigation
B. serve on a criminal jury
Which type of case is heard in both state and federal courts?
A. Traffic Violations
B. Inheritance issues
C. Matters involving the U.S. Constitution
D. Disputes involving citizens of a different country
C. Matters involving the U.S. Constitution
Which type of law contains a universal set of principles that comes from people’s basic sense of right and wrong?
A. common law
B. natural law
C. statutory law
D. case law
B. natural law
At age 19, Suzanne is arrested for stealing an expensive car that she claims belongs to her friend. The police inform Suzanne that she must answer their questions. They interview her for hours until she confesses that she stole the car.
Why are police unable to use Suzanne's confession in court?
A. Miranda v. Arizona established that suspects must be told they do not have to answer questions.
B. Gideon v. Wainwright established that people cannot be interviewed by police unless an attorney is with them.
C. In re Gault established that parents be informed when their child is arrested.
D. Hazelwood School District v. Kuhlmeier established that criminal defendants do not have First Amendment rights.
A. Miranda v. Arizona established that suspects must be told they do not have to answer questions.
In which scenario would a judge issue a summary judgment?
A. The judge accepts the request of the plaintiff to waive a jury trial.
B. The judge believes the case lacks enough evidence to go to trial.
C. The judge has already determined the guilt or innocence of the defendant
D. The judge determines whether the accused should be held in jail without bail.
B. The judge believes the case lacks enough evidence to go to trial.
The passage below contains a fictional scenario.
The defendant in a criminal case will have his trial within one month. The defendant’s mother was called for jury duty and is chosen to serve on the jury for his case.
What part of the Sixth Amendment has been violated in this scenario?
A. public trial
B. impartial jury
C. witness confrontation
D. assistance of counsel
B. impartial jury
- for extra points define impartial
Mr. Johnson paid for Tallahassee Mechanic Shop to fix the brakes on his truck. Later, Mr. Johnson hit another car and injured the other driver. Mr. Johnson was charged with the crime of vehicular assault. He stated that his brakes did not work properly, and the shop was at fault. The trial jury did not find his evidence compelling, and he was declared guilty.
If Mr. Johnson wants to continue to push his case forward, what can he do?
A. He can request that his case be heard by the U.S. Supreme Court.
B. He can request that his case be heard by the Florida Supreme Court.
C. He can request that his case be heard by a U.S. Court of Appeals.
D. He can request his case be heard by a Florida District Court of Appeal.
D. He can request his case be heard by a Florida District Court of Appeal.
Which of the following situations would fall under constitutional law?
A. A city tries to prevent a newspaper from publishing a story about corruption.
B. A doctor cheated Medicare by making up false claims for visits that didn’t happen.
C. A soldier steals from another soldier’s footlocker.
D. A person sues a business for an injury she received on their property.
A. A city tries to prevent a newspaper from publishing a story about corruption.
The doctrine of separate but equal has no place. Separate educational facilities are inherently unequal.
Based on this excerpt, what long term impact did this case have on American society and government??
A. It established that segregation in public schools was unconstitutional.
B. It affirmed that education was a constitutional right.
C. It supported education as an obligation of the state.
D. It mandated funding for public schools.
A. It established that segregation in public schools was unconstitutional.
5. Which of the following BEST completes this sentence? Appeals courts have the authority to...
A. hear a case for the first time.
B. review decisions made in lower courts.
C. appoint judges to local, state, and federal courts.
D. make a final decision about the constitutionality of a law.
B. review decisions made in lower courts.
Why did the Framers emphasize the need for juries in the U.S. government?
A. Juries would determine rules for crimes and punishments.
B. Juries would distinguish between state and local crimes.
C. Juries would introduce lawsuits for the defendants.
D. Juries would support due process for the accused.
D. Juries would support due process for the accused.
This is an excerpt from the decision in the Supreme Court case, Marbury v. Madison (1803).
It is [the] duty of the judicial department to say what the law is… If two laws conflict with each other, the courts must decide on the operation of each.
What feature of the court system is being described in this excerpt?
A. equal protection
B. judicial review
C. writ of certiorari
D. due process
B. judicial review
Which type of case is almost always heard in federal courts?
A. military
B. criminal
C. civil
D. constitutional
D. constitutional
What did the Supreme Court decide about executive privilege, claimed by the president, in United States v. Nixon?
A. Executive privilege protects all confidential conversations.
B. Following the law was more important than executive privilege.
C. No president in the future would be able to claim executive privilege.
D. Nixon’s executive privilege protected him from criminal charges
B. Following the law was more important than executive privilege.
9. The Supreme Court's power of judicial review is important because it...
A. helps the judicial branch check on the other two branches.
B. prevents lower courts from overturning the Court's decisions.
C. is one of the main powers given to the judicial branch in the Constitution.
D. establishes the Court's authority to oversee cases involving foreign governments.
A. helps the judicial branch check on the other two branches.
The institution of the jury may be aristocratic or democratic, according to the class from which the jurors are taken; but it always preserves its republican character, in that it places the real direction of society in the hands of the governed, or of a portion of the governed, and not in that of the government.
Based on this quote, why are juries significant in the modern American legal system?
A. Juries ensure the government’s desired outcome in a trial.
B. Juries prevent the abuse of governmental power.
C. Juries limit the need for the appellate process.
D. Juries avoid the use of judicial review.
B. Juries prevent the abuse of governmental power.
The state of Oklahoma has sued the state of Maine over taxes Maine claims from Oklahoma citizens who work remotely for businesses in Maine.
In which of the following courts would the legal process begin?
A. Oklahoma district court
B. U.S. Supreme Court
C. Oklahoma state supreme court
D. Maine state supreme court
B. U.S. Supreme Court
How are historical law codes reflected in the United States today?
A. The United States has a written set of laws that favor elected officials.
B. The United States has a written set of laws that all citizens must follow.
C. Federal laws in the United States are directly based on historical law codes.
D. Courts in the United States generally rely on historical law codes when making decisions.
B. The United States has a written set of laws that all citizens must follow.
Accordingly, we conclude that the standard articulated in Tinker for determining when a school may punish student expression need not also be the standard for determining when a school may refuse to lend its name and resources to the dissemination of student expression. Instead, we hold that educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.
How did this decision impact students’ First Amendment rights?
A. Schools can exercise editorial control over student speech.
B. Schools do not have to endorse or support student speech.
C. Schools do not have editorial control over school publications.
D. Students do not have free speech rights because they are minors.
A. Schools can exercise editorial control over student speech.