Study guide

Question 1

Civil law and criminal law are two broad and separate entities of law with separate sets of laws and punishments. True or False?

Answer 1

True

Question 2

In the case of crimes, the main object of the law is to punish the wrongdoer and ______.
a. give criminals a strong inducement not to commit the same or similar crimes.
b. to reform him if possible.
c. to satisty the public sense that wrongdoing ought to meet with retribution
d. All the Above

Answer 2

d. All of the above

Question 3

Civil Law maintains the stability of the state and society by punishing offenders and deterring them and others from offending. True or False

Answer 3

False

Question 4

The Burden of Proof in Criminal Law is the defendant is innocent until proven guilty. True or False

Answer 4

True

Question 5

What is the standard proof in Criminal Law?
a. Preponderance of evidence.
b. Innocent until proven guilty.
c. Beyond a reasonable doubt.
d. The Judge decides this.

Answer 5

C. Beyond a reasonable doubt.

Question 6

Punitive damage is _______?
a. The amount of loss determined by the judge
b. A criminal litigation
c. Damage done by the prosecution
d. The defendant can be found liable or not liable

Answer 6

A. The amount of loss determined by the judge

Question 7

Having a possible sentence of more than one year incarceration is a criminal case is a ______?
a. Plaintiff
b. Misdemeanor
c. Felony
d. 11/29

Answer 7

C. Felony

Question 8

In a civil case, the party complaining is called the ____?
a. Defendant
b. Prosecution
c. Complaint
d. Plaintiff

Answer 8

d. Plaintiff

Question 9

In a criminal case the party responding is called the defendant and the process is called litigation. True or False

Answer 9

False

Question 10

An individual can never file criminal charges against another person. True or False

Answer 10

True

Question 11

In hot pursuit, the officer may
a. Follow you into your home.
b. Give you a warrant to search your home.
c. Seize any evidence or contraband in plain view.
d. Both A and C

Answer 11

d. Both A and C

Question 12

In order for a warrant to be issued, affidavit must include____
a. States probable cause for a warrant
b. Complete address of the place to be searched
c. All outbuildings on the same property that will be searched.
d. All the above

Answer 12

d. all the above

Question 13

A judge may choose to issue a “John Doe” or “Jane Doe” warrant. If so, it must include an address of the person for whom the police are searching. True or False

Answer 13

False

Question 14

The _________ determines whether probable cause does exist, and that none of your rights have been violated.
a. The Jury
b. The prosecution
c.The Grand Jury
d.The Judge

Answer 14

c. The grand Jury

Question 15

Amendment V is the right to a speedy trial. True or False

Answer 15

False

Question 16

The 1st Amendment guarantees Americans freedom of religion, freedom of speech, and the right of peaceable Assembly. True or False

Answer 16

True

Question 17

The 7th Amendments give us the right to _______
a. You cannot be tried twice for the same offense.
b. You cannot be forced to be a witness against yourself.
c. You cannot be arrested, convicted, or executed without due process of law.
d. None of the above

Answer 17

d. None of the above

Question 18

What are made by either party in court that contests the legality of the other side’s questions?
a. Petition
b. Judgement
c. Motion
d. Objection

Answer 18

d. Objection

Question 19

What objection do you use when the attorney asks the witness on the stand who is a banker if they agree with the evaluation of your client done by a psychologist?
a. Opinion Testimony by Non-Experts
b. Assuming Facts Not in Evidence
c. Hearsay
d. Invoke the Rule

Answer 19

a. Opinion Testimony by Non-Experts

Question 20

After spending some time with your client, you conclude that your client has some psychological issues that could keep him from being found guilty. What motion will you file?
a. Motion for Mental Examination
b. Motion for a Continuance
c. Motion for Character
d. None of the above

Answer 20

a. Motion for Mental Examination

Question 21

Attorneys can request that hearings or the trial be delayed for various reasons, including providing more time to prepare for the trial or gather witnesses. What Motion can be filed?
a. Motion to Dismiss or Quash
b. Motion for Change of Venue
c. Motion to Suppress
d. Motion for a Continuance

Answer 21

d. Motion for a Continuance

Question 22

The defendant’s second appearance before a judge where the court determines if probable cause exists to believe the accused committed the crime is called the ____________.
a. Bail Hearing
b. Initial Hearing
c. Preliminary Hearing
d. Adjudication Hearing

Answer 22

c. Preliminary Hearing

Question 23

The defendant must see the judge within 24 to 48 hours after their initial hearing. True or False

Answer 23

False

Question 24

Booking consists of obtaining
a. Date of Birth
b. Address
c. Mug shot
d. All the above

Answer 24

d. All the above

Question 25

Double jeopardy, as it applies to the 5th Amendment, means that a person cannot be tried for the same type of case or the same type of criminal charge more than once. True or False

Answer 25

False