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Unit Test-American Legal System

Total questions: 60

Worksheet time: 30mins

Name
Class
Date
1.

Incarceration is also known as __________.

a)

imprisonment

b)

the death penalty

c)

parole

d)

probation

2.

Which of the following is NOT a possible verdict following jury deliberations?

a)

guilty

b)

not guilty

c)

delayed decision

d)

hung jury

3.

According to the fourth amendment, which of the following are the only ways in which someone can be legally arrested:


i) Warrant for arrest issued by a judge

(ii) Probable cause

(iii) Warrant for arrest issued by defense attorney

a)

i only

b)

i and ii only

c)

i and iii only

d)

i, ii, and iii

4.

Which of the following are true statements about civil law?


(i) It has four different types of legal wrongdoing: tort, contract, warranty, and family matters

(ii) Civil law cases have a plaintiff and defendant whose names both appear on the court title

(iii) The objective of a civil law case is to charge the defendant with a felony or misdemeanor offense

a)

i only

b)

i and ii only

c)

ii and iii only

d)

i, ii, and iii

5.

Half of states choose their judges through direct election. Which of the following BEST describes the direct election process?

a)

Judges are directly elected by the state legislature.

b)

Judges are directly elected by registered voters.

c)

Judges are directly elected by currently sitting state supreme court judges.

d)

Judges are directly elected by a committee of state mayors and the governor.

6.

Which of the following is not TRUE of federal courts?

a)

They primarily address cases involving state laws.

b)

Federal courts address traffic violations, which fall under local ordinances.

c)

They only hear cases that state courts are unable to handle.

d)

Federal courts seldom hear criminal and civil cases for the first time.

7.

Which of the following refers to appellate jurisdiction as applied to federal courts of appeals?

a)

the authority, as a federal court, to review cases involving state law

b)

the authority to review cases coming down from the Supreme Court

c)

the authority to review any and all cases of state and federal law

d)

the authority to review cases from lower courts

8.

Which of the following hypothetical court cases would a federal court of appeals most likely address?

a)

a case sent down from the US Supreme Court to the court of appeals to get a second opinion

b)

an initial trial for an alleged armed burglar in which witnesses will testify

c)

a case sent from a state supreme court in which the justices cannot resolve the legal issue with state law

d)

a case from a district court in which the defense attorney argues that the decision against his client should be appealed because the district court judge misinterpreted the law

9.

The Greeks were responsible for breaking away from the previously held idea that laws came directly from _____________ and contending that they were in fact a __________ institution.

a)

gods, human

b)

human, gods

c)

nature, gods

d)

human, natural

10.

The system of laws that had the greatest influence on modern American law is _______________.

a)

Roman law

b)

Hammurabi’s Code

c)

Greek law

d)

English Common law

11.

Cases dealing with international law are heard in which court?

a)

the International Court of Justice

b)

the United States Supreme Court

c)

the European Union Council

d)

the Court of International Unity

12.

Who is the defendant in a criminal court case?

a)

the person who has been accused of a crime

b)

the person who represents the government

c)

the person who helps to decide the verdict

d)

the person who makes sure the trial is fair

13.

Who is the plaintiff in a criminal court case?

a)

the defendant

b)

the government

c)

the judge

d)

the juror

14.

How many sides are there in a criminal court case?

a)

There is one side: the defendant’s.

b)

There are two sides: the defendant’s and the plaintiff’s.

c)

There are three sides: the defendant’s, the plaintiff’s, and the judge’s.

d)

There are four sides: the defendant’s, the plaintiff’s, the judge’s, and the jurors’.

15.

What happens during jury selection in a criminal court case?

a)

The lawyers summarize the facts and explain what they intend to prove.

b)

The judge and the lawyers ask questions to see if the jurors are impartial.

c)

The jurors discuss the case and decide if the defendant is guilty or not guilty.

d)

The judge decides the proper punishment based on the verdict from the trial.

16.

What happens during opening statements in a criminal court case?

a)

The lawyers summarize the facts and explain what they intend to prove.

b)

The judge and the lawyers ask questions to see if the jurors are impartial.

c)

The jurors discuss the case and decide if the defendant is guilty or not guilty.

d)

The judge decides the proper punishment based on the verdict from the trial.

17.

What happens during opening statements in a criminal court case?

a)

The lawyers summarize the facts and explain what they intend to prove.

b)

The judge and the lawyers ask questions to see if the jurors are impartial.

c)

The jurors discuss the case and decide if the defendant is guilty or not guilty.

d)

The judge decides the proper punishment based on the verdict from the trial.

18.

In a criminal trial, when do the lawyers explain what they intend to prove?

a)

during jury selection

b)

during jury deliberation

c)

during closing statements

d)

during opening statements

19.

In a criminal trial, when do the lawyers present final summaries of their cases?

a)

during jury selection

b)

during jury deliberation

c)

during closing statements

d)

during opening statements

20.

What happens during jury deliberation in a criminal court case?

a)

The lawyers summarize the facts and explain what they intend to prove.

b)

The judge and the lawyers ask questions to see if the jurors are impartial.

c)

The jurors discuss the case and decide if the defendant is guilty or not guilty.

d)

The judge decides the proper punishment based on the verdict from the trial.

21.

What is the definition of the verdict in a criminal court case?

a)

The verdict is a request for a decision to be reconsidered.

b)

The verdict is the decision about the proper punishment.

c)

The verdict is the decision that states “guilty” or “not guilty."

d)

The verdict is how a group is chosen to make a decision in a trial.

22.

In a criminal court case, a deadlocked jury results in

a)

an appeal.

b)

a mistrial.

c)

a sentence.

d)

a verdict.

23.

After a mistrial, a criminal court case often

a)

results in a second trial to reach a verdict.

b)

leads to a request for reconsideration

c)

results in a sentence from the judge

d)

leads to summaries from lawyers.

24.

What is the definition of an appeal in a criminal court case?

a)

An appeal is a request for the verdict to be reconsidered.

b)

An appeal is the decision about the proper punishment.

c)

An appeal is the decision that states “guilty” or “not guilty.”

d)

An appeal is a request for a new judge to oversee the trial.

25.

In a criminal court case, who recommends a sentence to the judge?

a)

the jury

b)

the plaintiff

c)

the defendant

d)

the government

26.

The only way a person may be arrested is by warrant from a judge.

a)

True

b)

False

27.

In American law, capital punishment for a minor offense would not be allowed, because the punishment does not fit the crime.

a)

True

b)

False

28.

At the arraignment, an attorney is to be provided for the defendant free of charge if necessary.

a)

True

b)

False

29.

In which stage of pre-trial procedures is the accused formally charged?

a)

arraignment

b)

grand jury

c)

pretrial motion

d)

booking

30.

Which of the following would be appropriate punishments for minor crimes:


(i) Probation

(ii) Fines

(iii) Capital punishment

a)

i only

b)

i and ii only

c)

ii only

d)

i and iii only

31.

According to formal language of American law, someone must be proven guilty _________________ in order to be sentenced.

a)

beyond a reasonable doubt

b)

with likely conviction

c)

with high plausibility

d)

beyond distinction

32.

Which of the following is NOT a type of prison?

a)

maximum security

b)

minimum security

c)

high-level security

d)

medium security

33.

During their divorce proceedings, John and Jane Smith hired someone (not a judge) to make decisions related to their divorce. This type of civil procedure is known as:

a)

arbitration

b)

small-claims court

c)

mediation

d)

agreement

34.

During the discovery phase of pre-trial procedures, a lawyer learns that evidence against his client was obtained without a warrant. During the pretrial motion, the lawyer may argue to ___________, a motion which, if granted, would disallow the evidence from trial.

a)

change venue

b)

continue

c)

exclude evidence

d)

discover the evidence

35.

Which of the following best defines the underlined word in the sentence below:


“ John was very upset when he received his summons in the mail.”

a)

a non-mandatory notice to answer a complaint

b)

a non-mandatory request for mediation

c)

a mandatory request for arbitration

d)

a mandatory notice to defend oneself against a complaint

36.

Which of the following is the primary advantage to a small claims court case?

a)

Small claims cases do not involve a judge.

b)

Small claims cases are affordable when compared to full-length trials.

c)

Small claims cases use a mediator to resolve the issues.

d)

Small claims cases use public attorneys that are free.

37.

Which of the following is NOT a crime for which the death penalty might be sought?

a)

murder

b)

treason

c)

terrorism

d)

assault

38.

Breach of contract lawsuits can occur ONLY when the problem exists between two parties, but no more.

a)

True

b)

False

39.

A police officer is dispatched to Union St. When he arrives to the home, it is reported to him by neighbors that a husband was abusing his wife. The wife confirms the story, and the husband is arrested shortly thereafter. Which of the following is TRUE about the case that would follow?

a)

When the husband is charged, the case would be a criminal case.

b)

The wife gets charged, and the case would be a civil case.

c)

When the husband is charged, the charge would be homicide.

d)

When the husband is charged, he would likely be charged under tort laws for negligence.

40.

Which of the following newspaper headlines is an example of white collar crime?

a)

"Man charged with aggravated assault and burglary"

b)

“Businessman charged with embezzling funds from corporate accounts”

c)

“Wealthy executive charged with child abuse”

d)

“Local Mob Boss charged with extortion, homicide, and grand larceny”

41.

Which of the following best defines the underlined word in the following sentence:“

Unsatisfied with their explanation, Technic Inc. sued Androchon Ltd. for breach of contract.”

a)

the act of failing to observe an agreement

b)

the act of following the terms of a contract

c)

the act of rewording a contract before it is signed by concerned parties

d)

the act of two parties agreeing to destroy a contract

42.

Which of the following is an example of organized crime?

a)

When two people conspire to break into the house of a wealthy neighbor.

b)

A group of individuals who obtain money from local businesses by using intimidation.

c)

One man creates a software program that steals money from his companies business transactions.

d)

A group of teenagers assaults a man in an alley and steals his wallet.

43.

In a civil lawsuit, the objective of the plaintiff is to acquire __________ for ___________.

a)

compensation, damages

b)

minor jail time, damages

c)

major jail time, felony conviction

d)

compensation, criminal offense

44.

George is assaulted late at night by a group of men. George survives and tells the police officer that he can remember the men shouting racial slurs at him during the assault. The latter is an example of ____________ crime.

a)

civil

b)

hate

c)

damage

d)

homicide

45.

Hanley Inc. includes a one-year guarantee on each one of its blenders that states that any defects that occur within the first year will result in a replacement of the product. Josh calls the company to say that his blender has broken two months into owning the product, but Hanley Inc. refuses to replace the blender.

a)

file a civil lawsuit against Hanley Inc. for not honoring their warranty

b)

file a criminal lawsuit against Hanley Inc. for not honoring their warranty

c)

file a civil lawsuit against Hanley Inc. for breach of contract

d)

file a criminal lawsuit against Haley Inc. for breach of contract

46.

In a criminal case, Josephine Lawler was the victim of an aggravated assault on an Arizona highway by John Doe. Which of the following would be the most probable name of the court case?

a)

Josephine Lawler v. John Doe

b)

John Doe v. Josephine Lawler

c)

The State of Arizona v. Josephine Lawler

d)

The State of Arizona v. John Doe

47.

Which of the following is not a true statement about criminal cases?

a)

In a criminal case, the victim must pay for their own attorney.

b)

The objective of a criminal case is punishment.

c)

A criminal can be charged with the following two types of offenses: misdemeanors or felonies.

d)

In naming a criminal case, it is always Society v. Defendant.

48.

All of the following would be classified as Courts of First Instance EXCEPT:

a)

Circuit Court

b)

District Court

c)

Superior Court

d)

Court of appeals

49.

The Missouri Plan can best be described as mix between the __________ and __________ processes used by other states.

a)

direct election . . . mayoral appointment

b)

gubernatorial appointment . . . direct election

c)

legislative appointment . . . mayoral appointment

d)

legislative appointment . . . gubernatorial appointment

50.

Which of the following accurately explains the distinction between jurisdiction and original jurisdiction?

a)

Original jurisdiction refers to legal territory, while jurisdiction simply means the area in which law enforcement may arrest someone.

b)

While jurisdiction refers to the legal territory in which a court may hear a case, original jurisdiction refers to the power of courts to hear a case for the first time.

c)

While jurisdiction refers to legal territory, original jurisdiction refers to the power of the Supreme Court to make the final decision.

d)

While original jurisdiction refers to the area in which law enforcement may arrest someone, jurisdiction usually refers to the legal territory in which a court may exert its authority.

51.

Which of the following BEST describes how a federal judge could be removed from his/her position?

a)

If a federal judge commits a crime, he/she must first go through regular court proceedings, and if they are found guilty, they are ousted from office.

b)

If the president does not agree with a decision on a case, he may remove the judge from office immediately.

c)

If a judge commits any high crimes or misdemeanors, Congress may remove the judge by impeaching him/her.

d)

If a majority in Congress disagrees with a judge’s decision, they may vote to impeach him/her.

52.

If any state tribunal decides a federal question and the litigant has no further remedy within the state court system, from which of the following remedies could the litigant possibly benefit?

a)

a hearing by a US district court

b)

a hearing by a federal court of appeals

c)

a hearing by the US Supreme Court

d)

a Congressional vote

53.

There are 12 __________ in the United States, which __________ from the district courts.

a)

Congressional districts . . . interview judges

b)

regional circuits . . . hear cases on appeal

c)

supreme courts . . . hear cases on appeal

d)

state supreme courts . . . draw their legal reasoning

54.

Over hundreds of years, Roman law became complicated, so Emperor __________ condensed the laws into one accessible code of law known as the _______________.

a)

Justinian, Corpus Juris Civilis

b)

Justinian, Juris Civile

c)

Caesar, Corpus Juris Civilis

d)

Caesar, Juris Civile

55.

Canon law preserved Roman laws and has its origins in _______________.

a)

the Anglican Church

b)

the Catholic Church

c)

Napoleonic France

d)

English Common Law

56.

Which of the following lists the sets of law codes in chronological order?

a)

Napoleonic (Civil) Code; Corpus Juris Civile; Hammurabi’s Code; The Constitution of the United States

b)

Hammurabi’s Code; Corpus Juris Civile; Napoleonic (Civil) Code; The Constitution of the United States

c)

Corpus Juris Civile; Hammurabi’s Code; Napoleonic (Civil) Code; The Constitution of the United States

d)

Hammurabi’s Code; Corpus Juris Civile; The Constitution of the United States; Napoleonic (Civil) Code

57.

Sha’rom comes from a time when people believed that laws were sent directly from the gods. Sha'rom most likely comes from which time period and location?

a)

Ancient Babylon

b)

Ancient Rome

c)

Modern America

d)

Napoleonic France

58.

Which of the following would be considered an ordinance?

a)

national tax laws

b)

international trade agreements

c)

local curfew laws

d)

human rights laws

59.

Statutory laws are created by __________________ at the local, state, and national levels.

a)

elected representatives

b)

appointed representatives

c)

councils of citizens

d)

average citizens

60.

The American legal system is based on common law. What do judges consider most important when making a ruling under this system?

a)

Rulings made by other judges in similar cases

b)

The language in the law as it is written

c)

How the law is likely to change in the future

d)

What the majority of the population would prefer a ruling to be