Chapter 1 pt. 4

Question 1

Who serves as a referee who is responsible for enforcing court rules, instructing the jury on the law, and determining the law ?

Answer 1

Judge

Question 2

What judges have tremendous power to control a case?

Answer 2

Trial Judges

Question 3

There are three common methods of selecting judges
1.
2.
3.

Answer 3

1. Appointment
2. election
3. merit system

Question 4

Appointment by the chief executive of the jurisdiction is the oldest method of selecting judges

Answer 4

True

Question 5

What was the first state to implement judicial elections.

Answer 5

Georgia 1824

Question 6

What means aligned with a particular party?

Answer 6

Partisan

Question 7

What means no political affiliation is listed?

Answer 7

Non-partisan

Question 8

The merit system is sometimes referred to as ?

Answer 8

The Missouri Plan

Question 9

The merit system has how many parts?

Answer 9

3

Question 10

Private prosecution is no longer permitted in any state.

Answer 10

True

Question 11

A political appointee, is an administrator who sets prosecution priorities for deputy generals.

Answer 11

Attorney General

Question 12

Deputy attorney generals are appointed by the _____ and confirmed by the _____, and serve at the pleasure of the president.

Answer 12

President

Senate

Question 13

District attorneys have tremendous power to decide whether or not to prosecute. This is sometimes referred to as

Answer 13

Prosecutorial Discretion

Question 14

Attorneys selected and paid by the defendant?

Answer 14

Retained Counsel

Question 15

Hired by the state or county, but work for defendants who cannot afford to hire their own lawyer.

Answer 15

Public Defenders

Question 16

Private attorneys who are paid by the state on a case-by-case basis to represent indigent defendants.

Answer 16

Appointed Counsel

Question 17

The _______ serves as the changing document for the preliminary hearing.

Answer 17

Complaint

Question 18

Stating the facts relied upon to create what is called probable cause.

Answer 18

Affidavit

Question 19

Is a legal concept referring to the amount of proof a police officer must have in order to search or arrest someone.

Answer 19

Probable Cause

Question 20

An administrative procedure involving the entry into the police blotter of the suspect’s name, arrest time, offense charged, and the thing of fingerprints and photographs.

Answer 20

Booking

Question 21

The first court appearance.

Answer 21

Initial appearance

Question 22

the amount of money that is established for the sole purpose of ensuring the presence of the defendant at trial.

Answer 22

Bail

Question 23

Stack v. Boyle was a case on

Answer 23

Excessive Bail

Question 24

Supreme Court held that an amount that exceeds the sum necessary to ensure the presence of the defendant at trial

Answer 24

Excessive Bail

Question 25

The magistrate determines if there is probable cause to believe that an offense was committed and that it was the defendant who committed the crime.

Answer 25

Preliminary examination or Preliminary hearing

Question 26

The Supreme Court has defined the preliminary hearing as a “_____ _____” which means that the defendant has a right to have a lawyer present.

Answer 26

Critical Stage

Question 27

There are two ways charges may be filed against a defendant
1.
2.

Answer 27

Information

indictment

Question 28

Information is prepared and signed by the prosecutor.

Answer 28

True

Question 29

What is comprised of 23 people and proceedings are not open to the public.

Answer 29

Grand Jury

Question 30

The grand jury is compromised of how many people?

Answer 30

23

Question 31

What is it called when a grand jury returns an indictment?

Answer 31

True Bill

Question 32

If the grand jury refused to indict the defendant, it is referred to as a

Answer 32

No bill

Question 33

What is it called when you refuse to plead?

Answer 33

Standing Mute

Question 34

Possible Pleas include 
1.
2.
3.
4.

Answer 34

1. guilt
2. not guilty
3. no contest
4. standing mute

Question 35

A no contest plea is also referred to as?

Answer 35

nolo contendre

Question 36

What does it mean when the defendant accepts whatever punishment the court would impose on a guilty defendant but refuses to admit liability.

Answer 36

nolo contendre

Question 37

______ ______ _______ in _______ cases include a motion to compel discovery, motion to suppress evidence, motion for change of venue, and a motion for omnibus hearing.

Answer 37

Common pretrial motions

criminal

Question 38

Pretrial motions in criminal cases are usually made by who?

Answer 38

Defense

Question 39

Evidence that tens to suggest the defendant is innocent

Answer 39

exculpatory evidence

Question 40

The judge will rule on pretrial motions before the trial begins

Answer 40

True