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Law & Order Unit 5-Civil and Criminal Cases

Total questions: 81

Worksheet time: 1hrs 21mins

Name
Class
Date
1.

In the Liebeck v. McDonald's Restaurants case, an elderly woman named Stella Liebeck ended up suing McDonald's because she spilled coffee in her lap and suffered third degree burns. Who ended up winning in the case?

a)

Stella Liebeck

b)

McDonald's Restaurants

2.

Although Stella Liebeck won her suit against McDonald's for their too hot coffee, the media and many Americans saw it as a frivolous lawsuit that illustrated how Americans would sue over common sense things.

a)

True

b)

False

3.

The person who initially brings a case against another individual or party, accusing them of wrongdoing.

a)

Plaintiff

b)

Defendant

c)

Complaint

d)

Summons

e)

Responsive Pleading

4.

The person who is accused of wrongdoing in a civil case.

a)

Plaintiff

b)

Defendant

c)

Complaint

d)

Summons

e)

Responsive Pleading

5.

A motion filed by a person or party against accusing another person or party of wrongdoing that contains facts and names of the accused person.

a)

Plaintiff

b)

Defendant

c)

Complaint

d)

Summons

e)

Responsive Pleading

6.

A court issued document calling the person accused in a civil case to court.

a)

Plaintiff

b)

Defendant

c)

Complaint

d)

Summons

e)

Responsive Pleading

7.

After being summoned by the court, the accused person can issue one of these that answers the plaintiff's claims by admitting to some (if any) of the claims and disputing any others.

a)

Plaintiff

b)

Defendant

c)

Complaint

d)

Summons

e)

Responsive Pleading

8.

In the pre-trial phase, this is the process where the two (or more) parties involved in a civil case gather information to prove their side of the case including: witnesses, written documents, and other pertinent information.

a)

Discovery

b)

Deposition

c)

Mediation

d)

Settlement

e)

Motion for Summary Evidence

9.

In the pre-trial phase, this process involves questioning witnesses under oath. Both sides may question the witnesses and the interviews are often taped or transcribed to be included in the trial.

a)

Discovery

b)

Deposition

c)

Mediation

d)

Settlement

e)

Motion for Summary Evidence

10.

Civil cases that are solved outside of a trial by using a court-appointed mediator to meet with both sides of the case and work on reaching an agreement.

a)

Discovery

b)

Deposition

c)

Mediation

d)

Settlement

e)

Motion for Summary Evidence

11.

Civil cases that are solved between both of the parties involved before a trial when they reach an agreement with each other.

a)

Discovery

b)

Deposition

c)

Mediation

d)

Settlement

e)

Motion for Summary Evidence

12.

In some civil cases, the evidence and legal theories of each side may be weighed and found insufficient to require a trial. These cases may be solved through written documents outside of a trial. This evaluation process is called?

a)

Discovery

b)

Deposition

c)

Mediation

d)

Settlement

e)

Motion for Summary Evidence

13.

A civil case where the plaintiff and defendant present their evidence to a judge who weighs it to make a decision.

a)

Bench Trial

b)

Jury Trial

14.

A civil case where the plaintiff and defendant make their case to a jury of impartial citizens who will determine the verdict. This can be requested by either side of the case.

a)

Bench Trial

b)

Jury Trial

15.

When a decision or verdict is reached in a civil case, the losing party will be asked to pay a certain amount of money to the winner of the trial. This court ordered payment is referred to as?

a)

Damages

b)

Motions

c)

Appeal

16.

When a decision or verdict is reached, individuals can make requests to have the verdict set aside or modified based on: errors in the legal procedure, insufficient evidence on issues, or errors in jury instruction. These requests are called?

a)

Damages

b)

Motions

c)

Appeal

17.

When a decision or verdict is reached, the losing party has the right to challenge the ruling within a month. This is called an?

a)

Damages

b)

Motions

c)

Appeal

18.

The rate of homicides in the United States is seven times that of most other nations in the world.

a)

True

b)

False

19.

Principles that are applicable to all crimes within a society, including complicity and liability for incomplete crimes.

a)

General Criminal Law

b)

Specific Criminal Law

20.

Particular crimes that are specifically defined with what they entail. Ex: murder requires that someone was killed.

a)

General Criminal Law

b)

Specific Criminal Law

21.

When someone is partner to any wrongdoing, this is called?

a)

Complicity

b)

Incomplete Crimes

22.

When a crime is interrupted or fails, a person can still be held criminally accountable for the attempt. These are considered to be?

a)

Complicity

b)

Incomplete Crimes

23.

Serious crimes that are punishable by a year or more in prison. Ex: murder, grand theft auto, etc.

a)

Felonies

b)

Misdemeanors

c)

Violations

24.

Moderate crimes that are punishable with less than a year in jail. Ex: public intoxication, petty theft, etc.

a)

Felonies

b)

Misdemeanors

c)

Violations

25.

Small infractions that usually are punished with fines. Ex: traffic violations like speeding.

a)

Felonies

b)

Misdemeanors

c)

Violations

26.

The actual act of committing a crime.

Ex: killing someone

a)

actus reus

b)

mens rea

c)

Concurrence

d)

Causation

e)

Harm

27.

The intent to commit a crime.

Ex: planning to kill someone

a)

actus reus

b)

mens rea

c)

Concurrence

d)

Causation

e)

Harm

28.

The act of making a harmful event occur.

Ex: Causing someone's death.

a)

actus reus

b)

mens rea

c)

Concurrence

d)

Causation

e)

Harm

29.

The physical or mental injury that results from a criminal act.

Ex: A person dying from your actions.

a)

actus reus

b)

mens rea

c)

Concurrence

d)

Causation

e)

Harm

30.

These types of crime require actus reus, mens rea, and concurrence for someone to be convicted of them.

Ex: Car theft

a)

Crimes of Conduct

b)

Complex Types of Crime

31.

These types of crime require actus reus, mens rea, concurrence, causation, and harm for someone to be convicted of them.

Ex: Murder

a)

Crimes of Conduct

b)

Complex Types of Crime

32.

These agents of the criminal justice system gather evidence, find and arrest offenders, and may be called as witnesses during a trial.

a)

Police

b)

Defendant

c)

Victim

d)

Defense Attorney

e)

Prosecuting Attorney

33.

A person accused of violating the law. They have the right to remain silent about their potential involvement in a crime and will need to work with their attorney to achieve the best possible outcome for themselves.

a)

Police

b)

Defendant

c)

Victim

d)

Defense Attorney

e)

Prosecuting Attorney

34.

The person directly responsible for the crime that plan and execute it.

a)

Principal in the First Degree

b)

Principal in the Second Degree

35.

An offender that was present when a crime is committed, but didn't participate, like a get-away driver.

a)

Principal in the First Degree

b)

Principal in the Second Degree

36.

A person that assists an offender after a crime is committed.

a)

Accessory Before the Fact

b)

Accessory After the Fact

37.

A person that aids another in committing a crime before the crime is committed.

a)

Accessory Before the Fact

b)

Accessory After the Fact

38.

The person who the crime was committed against that has the right to be informed about the court proceedings, can attend the trial, and may testify in court against the defendant.

a)

Police

b)

Defendant

c)

Victim

d)

Defense Attorney

e)

Prosecuting Attorney

39.

The legal counsel that prepares the case for and assists the accused offender throughout the trial. They need to find witnesses and evidence to make the case for the defendant, study pertinent case law, and ensure the rights of the defendant are protected.

a)

Police

b)

Defendant

c)

Victim

d)

Defense Attorney

e)

Prosecuting Attorney

40.

The legal counsel for the government that argues on behalf of the victim in order to protect society from the accused offender. They are responsible for gathering witnesses and evidence to prove the offender is guilty beyond a reasonable doubt.

a)

Police

b)

Defendant

c)

Victim

d)

Defense Attorney

e)

Prosecuting Attorney

41.

People who are called to give testimony (a statement under oath) about what they saw or what they know about the crime. They may be called to support the case for either side and can be cross-examined by the other side.

a)

Witnesses

b)

Defendant

c)

Victim

d)

Jury

e)

Judge

42.

Twelve ordinary citizens given the task of deciding what actually happened based on the evidence and reaching a verdict on whether the defendant is guilty or not guilty.

a)

Witnesses

b)

Defendant

c)

Victim

d)

Jury

e)

Judge

43.

The head of the officers of the court that is the moderator for all the actions that occur during the trial. They ensure both sides of the case fall within the parameters of the legal code and outline necessary corrections if a guilty verdict is delivered by determining sentencing.

a)

Witnesses

b)

Defendant

c)

Victim

d)

Jury

e)

Judge

44.

After a crime is committed, this takes place as local authorities compile evidence, eyewitness testimony, and financial records related to the crime.

a)

Investigation

b)

Warrant

c)

Miranda Rights

d)

Bail

e)

Pre-Trial Diversion

45.

A legal document that allows police to arrest someone, search a premises, and seize related evidence.

a)

Investigation

b)

Warrant

c)

Miranda Rights

d)

Bail

e)

Pre-Trial Diversion

46.

Legal rights that must be read to offenders when they are arrested that explain their right to remain silent and their right to an attorney.

a)

Investigation

b)

Warrant

c)

Miranda Rights

d)

Bail

e)

Pre-Trial Diversion

47.

An amount of money determined by a judge that can be paid to secure an accused offender's release until the date of their trial.

a)

Investigation

b)

Warrant

c)

Miranda Rights

d)

Bail

e)

Pre-Trial Diversion

48.

For minor offenses, judges may determine this outcome instead of jail time which can include community service or another type of program like rehabilitation.

a)

Investigation

b)

Warrant

c)

Miranda Rights

d)

Bail

e)

Pre-Trial Diversion

49.

A plea that a defendant enters admitting that they committed the crime that directly leads to sentencing and bypasses a trial. Defendants often choose this as part of a plea deal made with the prosecution.

a)

Guilty

b)

Not Guilty

c)

No Contest

50.

A plea that a defendant enters claiming they didn't commit the crime or that circumstances make them not responsible for a crime. This will lead to a courtroom trial.

a)

Guilty

b)

Not Guilty

c)

No Contest

51.

A plea that a defendant enters admitting to the facts of the crime, but not their guilt. This can avoid a trial if a defendant believes they cannot win the case, but allows the possibility of future appeals.

a)

Guilty

b)

Not Guilty

c)

No Contest

52.

Preliminary hearings where probable cause is determined by a jury instead of a judge.

a)

Grand Jury

b)

Plea Bargain

53.

Agreements made between defendants and the prosecution where the defendant agrees to plead guilty in exchange for a lighter sentence.

a)

Grand Jury

b)

Plea Bargain

54.

The first step of a criminal trial where each side briefly explains their case and what they will prove during the trial.

a)

Opening Statements

b)

Case-in-Chief

c)

Closing Arguments

d)

Instructions to the Jury

e)

Verdict

55.

The part of the case where both sides will present their witnesses and evidence and the other side will have a chance to cross-examine.

a)

Opening Statements

b)

Case-in-Chief

c)

Closing Arguments

d)

Instructions to the Jury

e)

Verdict

56.

The part of the case where each side wraps up their arguments, trying to impress on the jury or judge why their case was stronger than the opposition's.

a)

Opening Statements

b)

Case-in-Chief

c)

Closing Arguments

d)

Instructions to the Jury

e)

Verdict

57.

The part of the trial where a judge explains to the jury what their job is and the exact nature of the laws which they will determine a verdict for related to the case.

a)

Opening Statements

b)

Case-in-Chief

c)

Closing Arguments

d)

Instructions to the Jury

e)

Verdict

58.

The last part of a trial where, after deliberations, the jury or judge states the decision that they made on whether the defendant is guilty or not guilty. In criminal cases, this decision needs to be unanimous.

a)

Opening Statements

b)

Case-in-Chief

c)

Closing Arguments

d)

Instructions to the Jury

e)

Verdict

59.

A collection of facts that prove (or disprove) a particular point for one side of the case.

a)

Evidence

b)

Direct Evidence

c)

Circumstantial Evidence

60.

Facts that directly prove or disprove a side of the case where no explanation is needed (they speak for themselves.)

a)

Evidence

b)

Direct Evidence

c)

Circumstantial Evidence

61.

Information related to the arguments for a side of the case that requires a judge or jury to make an inference to consider it, like when a claim is made that a defendant was not home when the crime occurred, so they may have been committing the crime.

a)

Evidence

b)

Direct Evidence

c)

Circumstantial Evidence

62.

Information related to the arguments for a side of the case that requires a judge or jury to make an inference to consider it, like when a claim is made that a defendant was not home when the crime occurred, so they may have been committing the crime.

a)

Evidence

b)

Direct Evidence

c)

Circumstantial Evidence

63.

Involves searing a suspect's residence and confiscating evidence, which often requires a warrant due to the protections provided by the Fourth Amendment.

a)

Search and Seizure

b)

Stop and Frisk

c)

Exclusionary Rule

d)

"Fruit of the Poisonous Tree" Doctrine

e)

Beyond a Reasonable Doubt

64.

When a suspect is stopped for a search randomly. This policy has been challenged in some instances as a violation of the Fourth Amendment due to potential profiling.

a)

Search and Seizure

b)

Stop and Frisk

c)

Exclusionary Rule

d)

"Fruit of the Poisonous Tree" Doctrine

e)

Beyond a Reasonable Doubt

65.

If evidence is collected without a warrant, a judge may rule it is inadmissible due to violations of the Fourth Amendment. This is referred to as the?

a)

Search and Seizure

b)

Stop and Frisk

c)

Exclusionary Rule

d)

"Fruit of the Poisonous Tree" Doctrine

e)

Beyond a Reasonable Doubt

66.

In 1920, the Silverthorne Lumber Co. v United States ruling mentioned that illegally collected evidence is tainted and can't be admitted into the case. This ruling has come to be referred to as the?

a)

Search and Seizure

b)

Stop and Frisk

c)

Exclusionary Rule

d)

"Fruit of the Poisonous Tree" Doctrine

e)

Beyond a Reasonable Doubt

67.

The prosecution has the burden of proof in criminal cases and must clearly prove to the jury that the defendant is guilty with the evidence. This is meant to ensure that the defendant is guilty. A jury or judge must rule that the defendant is guilty ____________________.

a)

Search and Seizure

b)

Stop and Frisk

c)

Exclusionary Rule

d)

"Fruit of the Poisonous Tree" Doctrine

e)

Beyond a Reasonable Doubt

68.

If a defendant cannot afford an attorney, they may be assigned one of these publicly assigned lawyers who are responsible for defending them.

a)

Public Defenders

b)

Assembly Line Justice

c)

Judicial Discretion

d)

Appeals

e)

Corrections

69.

Due to many defendants being assigned public defenders who have too large of case loads, many defendants may be ushered through the criminal justice system without having a proper defense. This may force them to take a plea bargain or for innocent people to be convicted due to improper defenses. This issue in our criminal justice system is sometimes referred to as?

a)

Public Defenders

b)

Assembly Line Justice

c)

Judicial Discretion

d)

Appeals

e)

Corrections

70.

On rare occasions, a judge may rule based on the facts in the case that counsel for the defense is inefficient. This is referred to as?

a)

Public Defenders

b)

Assembly Line Justice

c)

Judicial Discretion

d)

Appeals

e)

Corrections

71.

Once a verdict is given, if a defendant plead not guilty or no contest, they may attempt to have a review of their case if they argue that there was a legal error or misconduct in their original trial.

a)

Public Defenders

b)

Assembly Line Justice

c)

Judicial Discretion

d)

Appeals

e)

Corrections

72.

If a guilty verdict is reached, judges determine a sentence and the punishment that comes with that ruling. This sentence and the system that enforces it is referred to as?

a)

Public Defenders

b)

Assembly Line Justice

c)

Judicial Discretion

d)

Appeals

e)

Corrections

73.

The initial step in the criminal case process where evidence is gathered and a suspect is detained.

a)

Investigation & Arrest

b)

Initial or Preliminary Hearing

c)

Arraignment

d)

Criminal Trial

e)

Post Trial

74.

The step in the criminal case process where the prosecution brings evidence against the defendant to a judge or grand jury who determine if there is enough evidence against the defendant to proceed.

a)

Investigation & Arrest

b)

Initial or Preliminary Hearing

c)

Arraignment

d)

Criminal Trial

e)

Post Trial

75.

The step in the criminal case process after a defendant is indicted when the defendant will enter their plea. If it is a guilty plea, it will move towards sentencing. If it is a not guilty plea, it will proceed towards a trial.

a)

Investigation & Arrest

b)

Initial or Preliminary Hearing

c)

Arraignment

d)

Criminal Trial

e)

Post Trial

76.

The step in the criminal case process where both sides of the case make their arguments and present their evidence to a jury or judge in an attempt to win the case for their side.

a)

Investigation & Arrest

b)

Initial or Preliminary Hearing

c)

Arraignment

d)

Criminal Trial

e)

Post Trial

77.

The last step in a criminal case that has gone to trial where a defendant was found guilty. This step starts with a judge sentencing the convicted offender and could lead to future appeals.

a)

Investigation & Arrest

b)

Initial or Preliminary Hearing

c)

Arraignment

d)

Criminal Trial

e)

Post Trial

78.

Plea bargains can be reached at any point in the criminal case process.

a)

True

b)

False

79.

What Amendment in the Bill of Rights protects US citizens from illegal search and seizures by requiring warrants in most circumstances.

a)

Fourth Amendment

b)

Fifth Amendment

c)

Sixth Amendment

80.

What Amendment in the Bill of Rights protects US citizens from having to incriminate themselves?

a)

Fourth Amendment

b)

Fifth Amendment

c)

Sixth Amendment

81.

What Amendment in the Bill of Rights protects US citizens right to a fair and speedy trial?

a)

Fourth Amendment

b)

Fifth Amendment

c)

Sixth Amendment