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WorksheetsJP Final Spring 2019
Total questions: 100
Worksheet time: 50mins
In the Uniform Crime Reports, major crimes such as homicide or robbery are part of a category of crimes referred to as:
first-degree crimes
index crimes
primary crimes
misdemeanors
Of crimes known to the police, what percentage results in an arrest.
10%
20%
30%
40%
When suspects are given formal notice of the charges by a judge the procedure is called:
indictment
information
initial appearance
booking
Suspects in what types of cases have no right to bail?
armed robbery
capital offenses
simple assault
rape
In theory, the purpose of bail is to:
insure the appearance of the accused at trial
keep the accused in jail until trial
punish the accused for the crime
maintain control of persons arrested but not arraigned
The American bail system is based on the defendant's access to:
a defense attorney
friends in the community
money
treatment centers
When a person is released based only on his or her promise to return for trial, it is called:
unsecured bail
conditional release
release on recognizance
third party custody
Which of the following helps to explain the amount of bail set by a judge?
a. seriousness of the crime
b. criminal record
c. victim's desires
a and b
Preventive detention is aimed at denying pretrial release to defendants who:
may not return for trial
are viewed as a threat to the community
have no links to the community
all of the above
The office of prosecutor is characterized by:
centralization
checks and balances
legal professionalism
decentralization
The prosecuting attorney is:
usually a locally elected official
appointed by the governor in most states
responsible to the state bar association
responsible to the state attorney general
A charging document includes the:
names of potential defense lawyers
description of the offense that was committed
sentencing guidelines for the alleged offense
the court fees associated with the crime
When comparing charging documents, the difference between a complaint and an information is:
an information is signed by the prosecutor
an information contains the age of the person charged
an information is handed up by a grand jury
none of the above
Prosecution in a misdemeanor case is usually initiated by:
indictment
information
complaint
arrest warrant
Which person is most influential in the charging decision?
prosecutor
judge
defense attorney
juror
Which of the following is designed as a check on unwarranted prosecution?
bail
initial appearance
preliminary hearing
arrest warrant
If the grand jury finds probable cause that a defendant committed a crime they return:
an indictment
an information
a complaint
nolle prosequi
At which stage of the criminal justice process does the right to counsel not apply?
grand jury
preliminary hearing
bail setting
police line-up
The principle that illegally seized evidence cannot be used against the defendant at trial is known as the:
exclusionary rule
Fifth Amendment
protection against self-incrimination
presumption of innocence
In which landmark decision did the Supreme Court rule that defendants must be informed of their right to have their attorneys present during interrogation?
Mapp v. Ohio
Miranda v. Arizona
Gideon v. Wainwright
Baker v. Carr
The courtroom work group concept focuses on:
cooperation between judge, prosecutor and defense attorney
conflicts between judge, prosecutor and defense attorney
law on the books
the conduct of the trial
The concept of the courtroom work group emphasizes:
conflict
cooperation
insufficient resources
too many cases
Which of the following is not a member of the courtroom workgroup:
defendant
defense attorney
judge
prosecutor
If a defendant pleads guilty to two of four charges, this is termed:
charge bargaining
sentence bargaining
count bargaining
implicit bargaining
When a defendant is convicted of two crimes and the judge stipulates that the sentences will be served all at one time, it is said that the defendant is serving the sentence:
on double time
consecutively
concurrently
on parole
The most common similarity regarding plea bargaining procedure is the importance of:
pretrial defendant interviews
the seriousness of the offense
the possibility of rehabilitation
the size of the court docket
Which of the following is most likely to influence whether a case goes to trial?
a. seriousness of the crime
b. severity of the penalty on conviction
c. strength of the prosecutor's case
b and c only
The type of case most likely to go to trial is:
burglary
theft
forgery
robbery
Compared to a guilty plea, a conviction by a jury frequently results in a sentence which is:
longer
shorter
about the same
impossible to predict
A plea of guilty which does not constitute an admission of guilt is called:
nolle prosequi
charge bargaining
nolo contendere
implicit bargaining
Civil libertarians are concerned that plea bargaining:
a. undercuts individuals constitutional protections
b. is inherently coercive
c. is a result of prosecutorial abuse
a and b
Sentencing structure is defined by which of the following
legislators
judges
parole boards
all of the above
Reducing the inmate's prison term as a reward for good behavior in prison is known as awarding:
executive clemency
probation
good time
pardon
The majority of persons under some form of correctional supervisions are:
in jail
in prison
on probation
on parole
An individual placed on probation:
has not been found guilty of a crime
is released into the community under the supervision of the court
is awaiting transfer to prison
has been released from prison and is under supervision
Which of the following items appear to be most important in a judge's decision to incarcerate: or grant probation?
nature of the victim
prior criminal record
drug or alcohol problems
steady employment
Over the past decade, the number of people in prison has:
risen dramatically
remained about the same
declined
fluctuated greatly
Many prison reforms have come about as a result of which Constitutional Amendment?
Fourth
Fifth
Sixth
Eighth
For a death penalty law to be constitutional, the Supreme Court ruled it must provide for:
proportionality review
stochastic process
bifurcated process
retribution process
Sentencing guidelines are designed to:
impose stricter sentences
reduce corruption and bribery
increase judicial discretion
provide certainty and consistency
Increasing the severity of the punishment tends to:
decrease the crime rate
decrease its application
decrease court costs
increase the number of convictions
The following exists only when a claim is rejected:
dispute
grievance
mediation
lawsuit
Hiring a lawyer often shows:
a presence of legal realities
the seriousness of the individual in continuing the case
a need by the client to better understand legal rules
all of the above
Which statement(s) best describe the work of most lawyers:
lawyers encourage lawsuits in order to create business for themselves
lawyers try to keep clients out of court
lawyers file lawsuits even if the claim is unreasonable
none of the above
Which of the following best describes the lawyer's function within the legal system?
snakes in the sand
utilized only for criminal cases
serve as gatekeepers
encourage every client to go to court
Most disputes do not end up in court because:
the plaintiff "lumps" it
the party filing a claim is satisfied with a settlement
the parties have difficulty finding lawyers
all of the above
Studies on civil court caseloads per thousand population indicate that they have:
increased steadily in the 20th century
decreased in the 20th century
remained relatively stable in the 20th century
fluctuated widely in the 20th century
Studies on the kinds of civil cases coming to court in this century find:
property cases have increased
personal injury cases have increased
market related cases have increased
the kinds of cases have remained the same
Studies of Americans "suing" behavior indicate:
a. they sue more than any other Western democracy
b. they are not necessarily quick to sue
c. community norms seem to shape suing behavior
both b and c
During the last decade tort filings in many states have been:
decreasing rapidly
increasing rapidly
staying relatively constant
fluctuating widely
The median verdict in automobile tort cases is around:
$15,000
$25,000
$55,000
more than $100,000
Medical malpractice lawsuits are an example of:
no-win torts
low stakes litigation
high stakes litigation
guaranteed lawyer fees
Mass tort litigation involves:
the problem of causation
the absence of lawyers
the small number of parties
an inability to mobilize litigants
Limits on punitive damages are an example of:
stare decisis
common law evolution
policy litigation
tort reform
Which statement best describes community mediation programs?
a. Arbitration is the dominate mode of dispute resolution
b. the focus is on minor disputes
c. many programs have close links to the courts
both a and b
Critics charge that community courts
are too formal
are too informal
result in lengthy delays
make work for too many lawyers
Court-annexed compulsory arbitration is designed to:
increase the geographic jurisdiction of a court
increase the caseload for annexation courts
provide a speedier, less expensive alternative to courts
provide criminal suspects with an additional appeal
Hiring a lawyer automatically means a dispute will result in a lawsuit.
true
false
Tort reform has traditionally been a state legal matter.
True
False
The Congress is active in establishing tort reform at the national level.
True
False
Few people support Alternative Dispute Resolution.
True
False
Stella Liebeck's jury verdict against McDonald's was substantially reduced by the courts.
True
False
In Bleak House, Charles Dickens provides a strong attack on the English legal system. Many of these problems were associated with the system being:
loose and flexible
rigid and formal
focused on pretrial conference
too concerned about sentencing
The process of making formal written statements about each side of a civil case is known as:
discovery
motions
pleadings
pretrial
A civil suit begins with the filing of a:
indictment
information
complaint
motion
The person who brings a civil suit is called:
plaintiff
defendant
appellant
respondent
A complaint includes a:
description of the courts' jurisdiction
statement of the facts
cause of action and remedy
all of the above
If a defendant refuses to provide an answer the judge in the case may issue a:
restraining order
lively judgment
default judgment
certain judgment
Which stage of the process is intended to eliminate surprises in civil cases?
service
pleadings
answer
discovery
Which of the following is not a tool of discovery?
interrogatories
private investigations
deposition
subpoena
The most significant change in the Federal Rules of Civil Procedure related to:
complaint
service
answer
discovery
In a civil case, the pretrial procedure for obtaining information about the issues and facts of the case is:
remedy
discovery
complaint
summons
A court order compelling a person to appear in court is termed a:
voir dire
subpoena
injunction
brief
The following is an order by the court requiring a person to produce documents in their possession:
subpoena duces tecum
subpoena
interrogatory
deposition
The following are questions that a party in a case must answer in writing and under oath:
subpoena duces tecum
subpoena
interrogatory
deposition
A default judgment for the plaintiff may be granted against a defendant:
after a mistrial
if the defendant lost the case, but fails to pay the monetary damages awarded
if the defendant fails to do anything
if the defendant files a misleading answer
If a case involves no genuine issue of fact and the law is clear, the judge can issue a:
summary judgment
default judgment
preliminary injunction
directed verdict
Which of the following provides an important opportunity for lawyers to negotiate and settle cases?
discovery
jury selection
pretrial conference
bench conference
In what type of case is the plaintiff most likely to face a problem enforcing the judgment of the court?
tort
property
contract
small claims
Of all the lawsuits begun in the United States,
the overwhelming proportion end with a court judgment
only a few end without a court judgment
the overwhelming proportion are settled before a judgment is rendered
most as dismissed as insignificant
What area of the law has been marked by a major expansion in liability since World War II?
contract
property
tort
small claims
In a dispute over child custody, a judge is called upon to perform which of the following tasks?
routine administration
procedural adjudication
decisional adjudication
diagnostic adjudication
The Constitution's requirement of jury trials:
is uniform for federal and state governments, regardless of the kinds of cases
is different for civil and criminal cases
requires unanimous jury convictions in all cases
is set at a twelve‑person jury
In Baldwin v. New York (1970) the Supreme Court held that a defendant in a criminal case has the right to a jury trial:
if charged with treason
only if charged with a capital offense
is facing a prison sentence of six months or more
only if charged with a felony
Voir dire refers to:
cross examination of witnesses during trial.
questioning of potential jurors.
judge's instructions to the jury.
appellate review of the trial record
In a civil case the burden of proof required to convict is:
proof beyond a reasonable doubt
proof based on clear and convincing evidence
proof based on the preponderance of the evidence
proof drawn from the judge's instructions to the jury
In a civil trial:
the plaintiff presents its case first
the defense presents its case first
the clerk decides who will go first
the judge decides who will go first
The basic requirements for the admissibility of evidence during trial include:
relevance and hearsay
privilege and trustworthiness
materiality and hearsay
trustworthiness and relevance
Either the plaintiff or the defendant may appeal a decision to an appellate court in:
a. a criminal case
b. a civil case
both a and b
neither a nor b
The U.S. Constitution’s Fifth Amendment prohibition of double jeopardy means:
every party has the right to a jury trial
the losing party has the right to one appeal
a prosecutor cannot appeal a verdict of not guilty
a defendant is innocent until proven guilty
If a case is affirmed, it:
means the case cannot be appealed to a higher court
is sent back to the court that heard the case
means the decision of a lower court was accepted by the appellate court
will result in a new trial for the defendant
When an appellate court remands a case, it:
affirms the lower court's decision
reverses the lower court's decision
returns the case to the lower court
submits the case to a higher court
The writ of habeas corpus protects:
students who want to see their files
the right of association and petition
persons in confinement
criminal defendants whose trial is delayed
The prime example of the U.S. Supreme Court's original jurisdiction is:
suits between citizens of difference states
a state challenging the constitutionality of a federal law
suits between two or more states
disbarment of attorneys
The most common route by which cases come to the U.S. Supreme Court is by:
amicus curiae
certiorari
appeal
certification
Which statement best describes doctrines of access:
they are clearly defined and largely inflexible
they grant the Supreme Court flexibility in deciding which cases the federal courts will hear
they vary little depending on the justices sitting on the court
they are largely based on the Constitution and legislative acts
The requirement of standing means that to sue in federal court one must demonstrate that he or she:
has contacted all similarly situated potential plaintiffs
can prove their case beyond a reasonable doubt
has tried to resolve the issue through the other branches of government
has been involved in an actual dispute.
Who represents the federal government before the Supreme Court?
the attorney general
the solicitor general
the secretary of justice
the chief justice
If the Supreme Court decides to review a case, they issue:
a writ of certiorari
a writ of habeas corpus
a bill of attainder
a writ of jurisdiction
A writ of certiorari is issued by the Supreme Court only when:
a majority of justices vote for it
at least four justices vote for it
a unanimous Court supports it
the Solicitor General approves of it
