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US and TX Constitution Exam

Total questions: 40

Worksheet time: 1hrs 20mins

Name
Class
Date
1.

A Municipal Court is a function of the ___________ component of the Criminal Justice System.

a)

Police

b)

Courts

c)

Legislative

d)

Correctional system

2.

A man is arrested for murder in Killeen Texas. The Justice of the Peace sets the bond at 4 billion dollars. What section of the Texas Constitution was violated by the Justice of the Peace?

a)

Sec 10

b)

Sec 11

c)

Sec 12

d)

Sec 13

3.

A person who professes to be an atheist cannot be sworn in to testify in court.

a)

True

b)

False

4.

An eligible indigent defendant is entitled to have the trial court appoint an attorney for any appellate proceeding the court concludes that the interests of justice require representation.

a)

True

b)

False

5.

Any person who is accused in this state of a felony or an offense involving family violence, who is released on bail pending trial, and whose bail is subsequently revoked or forfeited for a violation of a condition of release may be denied bail pending trial if a judge or magistrate in this state determines by a _____________ at a subsequent hearing that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.

a)

Probable cause

b)

Preponderance of evidence

c)

clear and convincing evidence

d)

proof beyond a reasonable doubt

6.

Article 1 Sec. 19 Deprivation of Life, Liberty, or property without due process of law, from the Texas Constitution mirrors what amendment to the U.S. Constitution?

a)

10th Amendment and 14th Amendment

b)

5th Amendment and 14th Amendment

c)

9th Amendment & 16th Amendment

d)

None of the other answers

7.

Decriminalizing acts is ____.

a)

Pardon

b)

Ex-post facto law

c)

Legalizing

d)

None of the other answers

8.

Divorces are handled through _____ court.

a)

The people’s court

b)

District

c)

County

d)

Justice of the peace

9.

How long does an appointed counsel have to prepare for a proceeding?

a)

5 days

b)

10 days

c)

15 days

d)

20 days

10.

If a person is arrested and charged with a Class B driving while intoxicated, which of the following courts would preside over the case?

a)

City

b)

District

c)

Both City and District Courts

d)

County

11.

If an illegal alien gives birth to a child in the United States, the child is _____.

a)

A citizen of the United States

b)

A citizen of the country her mother is from

c)

Also an illegal alien

d)

None of the other answers

12.

If an indigent is arrested in a county other than the county that issued the warrant has not been appointed counsel by the issuing county, how long before arresting county must appoint counsel?

a)

One day

b)

The end of the first working day the request is received

c)

Before the 11th day

d)

Two weeks

13.

If you are convicted of Treason in Texas, all of your property can be seized and forfeited to the state.

a)

True

b)

False

14.

It is against the law to confine an inmate in another state for a crime committed in Texas.

a)

True

b)

False

15.

Legally recognized private injury or wrong…

a)

Assault

b)

Torts

c)

Civil matter

d)

Personal injury

16.

Officer Johnson responds to a violent domestic disturbance. Officer Johnson had probable cause to arrest a juvenile involved for family violence. The local TV station arrives on scene and begins to film the arrest and the juvenile. Officer Johnson orders the press cameraman to give him the video tape because it has photos of the juvenile on it. What section in the Texas Code of Criminal Procedure applies?

a)

Art 1.16

b)

Art 2. 16

c)

Art 3. 16

d)

Art 4. 16

17.

On or after January 1, 2010, the legislature may enact a general, local, or special law granting the power of eminent domain to an entity only on a _____.

a)

Majority vote of the legislature.

b)

Majority vote of the subcommittee

c)

A two thirds vote of all members elected to each house

d)

A two thirds vote of all members elected to the Texas Senate

18.

The Court of Appeals has appellate jurisdiction capital offenses.

a)

True

b)

False

19.

The Texas Code of Criminal Procedure has an article that mirrors the U.S. Constitution’s 4th amendment

a)

True

b)

False

20.

The Texas Constitution does not require an indictment be used for a person being held on a crime unless the penalty is ____?

a)

Less than two years in jail

b)

Less than 1 year in jail

c)

Less than 6 months in jail

d)

Fine only

21.

The Texas Constitution guarantees freedom of worship in ___

a)

Sec 4

b)

Sec 5

c)

Sec 6

d)

Sec 7

22.

The ____ amendment guarantees the right to keep and bear arms.

a)

1st

b)

2nd

c)

3rd

d)

4th

23.

The privilege of Habeas Corpus cannot be suspended except for ______

a)

Rebellion

b)

Invasion

c)

War

d)

Both A and B

e)

Both A and C

24.

The protections offered by the 5th Amendment are offered in the Texas Code of Criminal Procedure

a)

True

b)

False

25.

The right to a trial by jury is inviolate.

a)

True

b)

False

26.

The right to petition the government for redress of grievance is protected under what Amendment?

a)

4th amendment

b)

5th amendment

c)

1st amendment

d)

10th amendment

27.

The structure of the criminal justice system is made up of what?

a)

The Police, Courts and Federal System

b)

The County, Municipal Courts and Civil System

c)

The Courts, Corrections, and Judicial System

d)

The Police, Courts, and Correctional System

28.

What amendment to the U.S. Constitution prevents the government from quartering troops in private residences without the owner’s consent?

a)

1st

b)

2nd

c)

3rd

d)

4th

29.

What is the role of the City Law Enforcement?

a)

Enforce state and county law including cities in the county

b)

Enforce state wide jurisdiction

c)

Enforce state and city laws, as well as assist citizens

d)

Enforce only city laws

30.

When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called a ____.

a)

Trial

b)

Hearing

c)

None of the other answers

d)

Examining court

31.

Which amendment requires a speedy and public trial?

a)

4th

b)

5th

c)

6th

d)

7th

32.

Which of the Amendments to the U.S. Constitution involves your rights in civil proceedings?

a)

6th Amendment

b)

7th Amendment

c)

8th Amendment

d)

9th Amendment

33.

Which of the following is provided for in the 9th Amendment to the Constitution?

a)

Right to an attorney in civil cases

b)

Freedom from excessive bail

c)

The right to a speedy and public trial

d)

The enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people (individual rights)

34.

Which section in the Texas Constitution prevents the government from depriving a person of life, liberty, property, privileges or immunities except by due course of the law?

a)

Art 1.04

b)

Art 1.05

c)

Art 1.06

d)

Art 1.07

35.

__________________ is the court that has concurrent jurisdiction with the justice of the peace courts for criminal cases arising under state law that are punishable by fine only.

a)

County

b)

Municipal

c)

State

d)

Federal

36.

Which of the following rights is not defined by the 8th Amendment to the Constitution?

a)

excessive bail

b)

The right to be free of cruel and unusual punishment

c)

Right to speedy trial

d)

Right to be free from excessive fines

37.

Which laws prevent someone from being charged twice for the same crime?

a)

US Constitution 5th Amendment, Sec 14 Texas Constitution

b)

US Constitution 5th Amendment, Sec 13 Texas Constitution

c)

US Constitution 7th Amendment, Sec 14 Texas Constitution

d)

US Constitution 8th Amendment, Sec 14 Texas Constitution

38.

Which amendment guarantees people the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizure?

a)

1st

b)

2nd

c)

3rd

d)

4th

39.

What are the requirements for a warrant?

a)

Based on probable cause

b)

Sworn to

c)

Describes the place to be searched

d)

All of the other answers

e)

None of the other answers

40.

The statutes covering Corruption of Blood and Outlawry in the Texas Constitution is also covered in the Texas Code of Criminal Procedure.

a)

True

b)

False