WorksheetsLaw & Order Unit 5-Civil and Criminal Cases
Total questions: 81
Worksheet time: 1hrs 21mins
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?
Stella Liebeck
McDonald's Restaurants
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.
True
False
The person who initially brings a case against another individual or party, accusing them of wrongdoing.
Plaintiff
Defendant
Complaint
Summons
Responsive Pleading
The person who is accused of wrongdoing in a civil case.
Plaintiff
Defendant
Complaint
Summons
Responsive Pleading
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.
Plaintiff
Defendant
Complaint
Summons
Responsive Pleading
A court issued document calling the person accused in a civil case to court.
Plaintiff
Defendant
Complaint
Summons
Responsive Pleading
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.
Plaintiff
Defendant
Complaint
Summons
Responsive Pleading
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.
Discovery
Deposition
Mediation
Settlement
Motion for Summary Evidence
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.
Discovery
Deposition
Mediation
Settlement
Motion for Summary Evidence
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.
Discovery
Deposition
Mediation
Settlement
Motion for Summary Evidence
Civil cases that are solved between both of the parties involved before a trial when they reach an agreement with each other.
Discovery
Deposition
Mediation
Settlement
Motion for Summary Evidence
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?
Discovery
Deposition
Mediation
Settlement
Motion for Summary Evidence
A civil case where the plaintiff and defendant present their evidence to a judge who weighs it to make a decision.
Bench Trial
Jury Trial
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.
Bench Trial
Jury Trial
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?
Damages
Motions
Appeal
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?
Damages
Motions
Appeal
When a decision or verdict is reached, the losing party has the right to challenge the ruling within a month. This is called an?
Damages
Motions
Appeal
The rate of homicides in the United States is seven times that of most other nations in the world.
True
False
Principles that are applicable to all crimes within a society, including complicity and liability for incomplete crimes.
General Criminal Law
Specific Criminal Law
Particular crimes that are specifically defined with what they entail. Ex: murder requires that someone was killed.
General Criminal Law
Specific Criminal Law
When someone is partner to any wrongdoing, this is called?
Complicity
Incomplete Crimes
When a crime is interrupted or fails, a person can still be held criminally accountable for the attempt. These are considered to be?
Complicity
Incomplete Crimes
Serious crimes that are punishable by a year or more in prison. Ex: murder, grand theft auto, etc.
Felonies
Misdemeanors
Violations
Moderate crimes that are punishable with less than a year in jail. Ex: public intoxication, petty theft, etc.
Felonies
Misdemeanors
Violations
Small infractions that usually are punished with fines. Ex: traffic violations like speeding.
Felonies
Misdemeanors
Violations
The actual act of committing a crime.
Ex: killing someone
actus reus
mens rea
Concurrence
Causation
Harm
The intent to commit a crime.
Ex: planning to kill someone
actus reus
mens rea
Concurrence
Causation
Harm
The act of making a harmful event occur.
Ex: Causing someone's death.
actus reus
mens rea
Concurrence
Causation
Harm
The physical or mental injury that results from a criminal act.
Ex: A person dying from your actions.
actus reus
mens rea
Concurrence
Causation
Harm
These types of crime require actus reus, mens rea, and concurrence for someone to be convicted of them.
Ex: Car theft
Crimes of Conduct
Complex Types of Crime
These types of crime require actus reus, mens rea, concurrence, causation, and harm for someone to be convicted of them.
Ex: Murder
Crimes of Conduct
Complex Types of Crime
These agents of the criminal justice system gather evidence, find and arrest offenders, and may be called as witnesses during a trial.
Police
Defendant
Victim
Defense Attorney
Prosecuting Attorney
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.
Police
Defendant
Victim
Defense Attorney
Prosecuting Attorney
The person directly responsible for the crime that plan and execute it.
Principal in the First Degree
Principal in the Second Degree
An offender that was present when a crime is committed, but didn't participate, like a get-away driver.
Principal in the First Degree
Principal in the Second Degree
A person that assists an offender after a crime is committed.
Accessory Before the Fact
Accessory After the Fact
A person that aids another in committing a crime before the crime is committed.
Accessory Before the Fact
Accessory After the Fact
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.
Police
Defendant
Victim
Defense Attorney
Prosecuting Attorney
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.
Police
Defendant
Victim
Defense Attorney
Prosecuting Attorney
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.
Police
Defendant
Victim
Defense Attorney
Prosecuting Attorney
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.
Witnesses
Defendant
Victim
Jury
Judge
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.
Witnesses
Defendant
Victim
Jury
Judge
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.
Witnesses
Defendant
Victim
Jury
Judge
After a crime is committed, this takes place as local authorities compile evidence, eyewitness testimony, and financial records related to the crime.
Investigation
Warrant
Miranda Rights
Bail
Pre-Trial Diversion
A legal document that allows police to arrest someone, search a premises, and seize related evidence.
Investigation
Warrant
Miranda Rights
Bail
Pre-Trial Diversion
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.
Investigation
Warrant
Miranda Rights
Bail
Pre-Trial Diversion
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.
Investigation
Warrant
Miranda Rights
Bail
Pre-Trial Diversion
For minor offenses, judges may determine this outcome instead of jail time which can include community service or another type of program like rehabilitation.
Investigation
Warrant
Miranda Rights
Bail
Pre-Trial Diversion
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.
Guilty
Not Guilty
No Contest
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.
Guilty
Not Guilty
No Contest
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.
Guilty
Not Guilty
No Contest
Preliminary hearings where probable cause is determined by a jury instead of a judge.
Grand Jury
Plea Bargain
Agreements made between defendants and the prosecution where the defendant agrees to plead guilty in exchange for a lighter sentence.
Grand Jury
Plea Bargain
The first step of a criminal trial where each side briefly explains their case and what they will prove during the trial.
Opening Statements
Case-in-Chief
Closing Arguments
Instructions to the Jury
Verdict
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.
Opening Statements
Case-in-Chief
Closing Arguments
Instructions to the Jury
Verdict
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.
Opening Statements
Case-in-Chief
Closing Arguments
Instructions to the Jury
Verdict
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.
Opening Statements
Case-in-Chief
Closing Arguments
Instructions to the Jury
Verdict
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.
Opening Statements
Case-in-Chief
Closing Arguments
Instructions to the Jury
Verdict
A collection of facts that prove (or disprove) a particular point for one side of the case.
Evidence
Direct Evidence
Circumstantial Evidence
Facts that directly prove or disprove a side of the case where no explanation is needed (they speak for themselves.)
Evidence
Direct Evidence
Circumstantial Evidence
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.
Evidence
Direct Evidence
Circumstantial Evidence
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.
Evidence
Direct Evidence
Circumstantial Evidence
Involves searing a suspect's residence and confiscating evidence, which often requires a warrant due to the protections provided by the Fourth Amendment.
Search and Seizure
Stop and Frisk
Exclusionary Rule
"Fruit of the Poisonous Tree" Doctrine
Beyond a Reasonable Doubt
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.
Search and Seizure
Stop and Frisk
Exclusionary Rule
"Fruit of the Poisonous Tree" Doctrine
Beyond a Reasonable Doubt
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?
Search and Seizure
Stop and Frisk
Exclusionary Rule
"Fruit of the Poisonous Tree" Doctrine
Beyond a Reasonable Doubt
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?
Search and Seizure
Stop and Frisk
Exclusionary Rule
"Fruit of the Poisonous Tree" Doctrine
Beyond a Reasonable Doubt
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 ____________________.
Search and Seizure
Stop and Frisk
Exclusionary Rule
"Fruit of the Poisonous Tree" Doctrine
Beyond a Reasonable Doubt
If a defendant cannot afford an attorney, they may be assigned one of these publicly assigned lawyers who are responsible for defending them.
Public Defenders
Assembly Line Justice
Judicial Discretion
Appeals
Corrections
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?
Public Defenders
Assembly Line Justice
Judicial Discretion
Appeals
Corrections
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?
Public Defenders
Assembly Line Justice
Judicial Discretion
Appeals
Corrections
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.
Public Defenders
Assembly Line Justice
Judicial Discretion
Appeals
Corrections
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?
Public Defenders
Assembly Line Justice
Judicial Discretion
Appeals
Corrections
The initial step in the criminal case process where evidence is gathered and a suspect is detained.
Investigation & Arrest
Initial or Preliminary Hearing
Arraignment
Criminal Trial
Post Trial
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.
Investigation & Arrest
Initial or Preliminary Hearing
Arraignment
Criminal Trial
Post Trial
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.
Investigation & Arrest
Initial or Preliminary Hearing
Arraignment
Criminal Trial
Post Trial
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.
Investigation & Arrest
Initial or Preliminary Hearing
Arraignment
Criminal Trial
Post Trial
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.
Investigation & Arrest
Initial or Preliminary Hearing
Arraignment
Criminal Trial
Post Trial
Plea bargains can be reached at any point in the criminal case process.
True
False
What Amendment in the Bill of Rights protects US citizens from illegal search and seizures by requiring warrants in most circumstances.
Fourth Amendment
Fifth Amendment
Sixth Amendment
What Amendment in the Bill of Rights protects US citizens from having to incriminate themselves?
Fourth Amendment
Fifth Amendment
Sixth Amendment
What Amendment in the Bill of Rights protects US citizens right to a fair and speedy trial?
Fourth Amendment
Fifth Amendment
Sixth Amendment
