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Worksheets2021 Fall Semester Practicum in Law Exam
Total questions: 125
Worksheet time: 1hrs 5mins
Mitigating Factor
factor which supports a more serious charge and/or stiffer penalty
classification for the most serious type of crimes
factor which favors the accused and makes a lesser charge and/or sentence
classification for a crime of medium gravity; more serious than infraction
Aggravating Factor
factor which favors the accused and makes a lesser charge and/or sentence
Latin phrase meaning “bad in itself”; crime classification
factor which supports a more serious charge and/or stiffer penalty
harmful result; element of a crime
Latin phrase meaning “bad in itself”; crime classification
Actus Reus
Mens Rea
Mala In Se
Mala Prohibita
Latin phrase meaning “bad because prohibited”; crime classification
Mala Prohibita
Mens Rea
Mala In Se
Actus Reus
simultaneous occurrence of criminal act and criminal intent; one of the essential elements of a crime
Concurrence
Causation
Crime
Infraction
criminal intent; one of the essential elements of a crime
Crime
Actus Reus
Men Rea
Actus Reus
criminal act; one of the essential elements of a crime
Actus Reus
Crime
Mens Rea
Mala Prohibita
Problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished are
Procedural Defense
Defense
Self-Defense
Substantive Defense
An action that hinders the administration of justice- a crime punishable by imprisonment.
Contempt of Court
Indictment
Bail
Immunity
A court command to appear and testify in court or provide documents to the court
Subponea
Indictment
Voir Dire
Summons
When an accused person agrees to plead guilty to a less serious crime in order to get a serious charge dropped
Bargain
Bail Bargain
Plea Bargain
Contempt of Court
Duress, is a _______________ defense.
Legality
Punishment
Actus Reas
Mens Rea
Physical transfer of an object from one person to another.
Writ
Claim
Delivery
Warrants
Legal demand of an asset or right which one party owes another.
Attachment
Claim
Garnishment
Civil Law
Used to collect a debt from a third party rather than directly from the defendant.
Delivery
Writ
Garnishment
Monetary Judgment
Which of the following means the defendant accepts punishment without admitting guilt?
Pleading guilty
Pleading no contest
Pleading not guilty
Plea bargaining
Which of the following is the term used to describe a defense which claims the defendant committed the crime, but due to circumstances, should not be found guilty?
Presumptive defense
Affirmative defense
Explanatory defense
Discretionary defense
The ability to be depended upon to perform consistently well is the definition of:
Integrity
Reliability
Competence
Dependability
The quality of being honest and adhering to ethical and moral principles is the definition of:
Integrity
Reliability
Competence
Dependability
Interpersonal skills are abilities which _____________.
Demonstrate moral principles
Enable effective interaction with others
Relate to technical work processes
Promote professional development
Which two attitudes best display a command presence?
Authority and confidence
Discipline and authority
Confidence and confidentiality
Confidentiality and discipline
The Federal Courts of Appeal consist of how many courts?
10
12
15
20
The attorney who is hired or appointed to represent the plaintiff’s interests is known as which of the following?
Jury
Prosecutor
Defendant
Bailiff
Which courts decide more than 95 percent of the nation’s legal cases?
Small Claims Court
State Courts
Supreme COurts
District Courts
Which courts serve areas consisting of three to nine states known as circuits?
Court of Appeals
District courts
Small claims courts
State courts
The U.S. Supreme Court consists of the Chief Justice and how many associate judges?
5
6
8
10
If a court has control or authority over something or someone, it is said to have which of the following?
Appeal
Jurisdiction
Patent
Pleading
The highest level of the U.S. Court System is which of the following?
Federal District Court
U.S. Supreme Court
Federal Courts of Appeal
Small Claims Court
The jury’s final decision is referred to as which of the following?
Appeal
Pleading
Verdict
Trial
The _________ Amendment provides the right to counsel.
4th
5th
6th
7th
How many district courts are there?
100
94
12
1
Who is the Chief Justice of the Supreme Court?
Stephan Breyer
Clarence Thomas
Antonin Scalia
John Roberts
The power of the Supreme Court to rule acts of Congress and the President unconstitutional is known as?
Final Appeal
Court Prerogative
Judicial Review
Judicial Independence
This ruling held that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" must be excluded from criminal prosecutions in state courts, as well as federal courts.
Marbury v. Madison, 1803
Mapp v. Ohio, 1961
McCulloch v. Maryland, 1819
Miranda v. Arizona, 1966
The United States is divided into 12 regions, each one with ____________.
district courts
concurrent courts
United States Tax Courts
U.S. Court of Federal Claims
Texas is in which district of the federal court circuit?
3rd
5th
9th
12th
After a verdict is delivered in a civil case, the Court will impose a sentence. True or False
True
False
An order by a higher court to have the records from a lower court sent up for review.
Amicus Brief
Writ of Certiorari
Stare Decisis
Writ of Mandamus
1942 Supreme Court Case that is famous for determining the 6th amendment right to counsel did NOT apply to indigent criminal defendants in a felony case is__________?
Gideon v. Wainright
Mapp v. Ohio
Betts v. Brady
Miranda v. Arizona
Known as the "first application" of what is now known as the "Exclusionary Rule." This Supreme Court case stated that items obtained without a search warrant could not be used against the defendant and was a violation of a person's 4th amendment rights.
Weeks v. United States
United States v. Nixon
Terry v. Ohio
Miranda v. Arizona
___________ means to send the judgment back to the lower court?
Retrieve
Remand
Reverse
Replace
___________ is the process of choosing potential jurors by disqualifying biased people who cannot be neutral or fair; voir dire?
Jury Duty
Jury of your Peers
Jury Tampering
Jury Selection
_____________ is the final ruling by the judge based on the evidence presented in the discovery, often requested by the defendant to avoid going to trial?
Judgement of priors
Summary Judgement
Summation of Facts
Fact Finding
To be acquitted means to be released from criminal charges. True or False
True
False
__________________ is the first official court appearance for the defendant; used to inform defendant of official criminal charges, take defendants plea, negotiate bail if necessary and set up dates for further proceedings
Arraignment
Judicial Error
Jury Selection
Egregious
A ____________ is a request made by the appellate court to reexamine the case?
Appeal by Right
Appeal due to Error
Error of Distinction
You can't handle the truth
A person against whom a crime has been committed is known as the defendant? True or False
True
False
To _________ means to keep the decision of the lower court in effect?
Affirm
Answer
Adequate
Appeal
Supreme court case ruled a person charged with a crime is entitled to a court-appointed attorney under the 6th & 14th amendments.
Gideon v. Wainwright
Miranda v. Arizona
Betts v. Brady
Mapp v. Ohio
Supreme court case ruled the government must provide the defense with favorable evidence discovered during the investigation ________________________.
Betts v. Brady
Brady v. Maryland
Tinker v. Des Moines
Tennessee v. Garner
Exculpatory evidence is evidence that is unfavorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.
True
False
The Supreme Court case ruling that determined statements obtained from suspects during interrogation are inadmissible in court if the suspect is not informed of their right to an attorney and right against self-incrimination is ____________________________.
Gideon v. Wainwright
Miranda v. Arizona
Brady v. Maryland
Mapp v. Ohio
The Supreme Court case ruling that stated the 4th Amendment right to privacy protects people from all types of intrusions in all locations a reasonable person would expect privacy is ____________________________?
Terry v. Ohio
Katz v. United States
Tennessee v. Garner
Mapp v. Ohio
The Supreme Court case ruling that determined an officer may search a suspect to protect his or her own safety while investigating and allows police to legally detain based on reasonable suspicion on a crime occurring or is about to occur is ____________________________________?
Terry v. Ohio
Tennessee v. Garner
Miranda v. Arizona
Gideon v. Wainwright
The Supreme Court case ruling that determined evidence seized on the basis of a mistakenly issued search warrant is admissible in court and allows for a “good faith” exception on an ultimately invalid warrant.
Tennessee v. Garner
United States v. Leon
Leon v. United Emirates
Mapp v. Ohio
The Supreme Court case ruling that forces police officers to determine if a suspect is an active, violent threat before using deadly force is _________________________.
Tennessee v. Garner
United States v. Leon
Heller v. United States
Brady v. Maryland
An order to produce an arrested person before a judge is called _____________________________; literal translation (latin)- "produce the body."
Habeas Corpus
Helvetica
Subpoena
Writ of Certiorari
the legal definition of ____________________ means it is "said to have taken place, but not proven."
Alleged
Definite
Verdict
Citation
_________________ defines conduct prohibited by the government?
Civil Law
Criminal Law
Business Law
Contract law
Paying careful attention to what is said and how it is said.
Active listening
Passive listening
Listening
Speaking
An arrest that occurs with the use of physical force
Presumed Arrest
Actual Arrest
Seized
Aggravated Arrest
Assault of a person by another with a deadly weapon or instrument or by any other means of force likely to produce great bodily injury.
Aggravated Assault
Assault and Battery
Aggravated Battery
Assault
Evidence based on circumstances instead of on direct observation of an event.
Circumstantial Evidence
Actual Evidence
Physical Evidence
Real Evidence
A fire that involves wood, paper, plastics, and other solid combustible materials.
Class A Fire
Class B Fire
Class C Fire
Class D Fire
A fire that involves burning flammable liquids, such as gasoline, oil, grease, or acetone.
Class A Fire
Class B Fire
Class C Fire
Class D Fire
A fire that involves electricity; becomes a class A or B fire when power source is shut off.
Class A Fire
Class B Fire
Class C Fire
Class D Fire
The ability of a security officer to prevent crime by mere presence in uniform.
Command Presence
Firm But Fair
Disheveled Presence
Presence
Force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.
Use of Force
Deadly Force
Minor Force
Temperamental Force
A “pat-down” search of a suspect designed to discover weapons, not to recover contraband; not a full-scale search of the person.
Frisk
Search
Visual Inspection
Seizure
Argument between the two parties regarding the events which took place & caused the lawsuit to arise?
Issue of Fact
Judge
Breach of Contract
Circuit Riders
A trial before a Judge without a jury is called?
Felonious malfeasance
Bench Trial
Habeas Corpus
Trial of Errors
The power to hear a court case for the first time is known as what type of jurisdiction
School
Appellate
Augmented
Original
The legal requirement that a State must respect all legal rights that are owed to a person is know as?
Xiphoid Process
Lincoln's Process
Habeas Process
Due Process
A trial in which the guilt or innocence of a person accused of a crime is decided is called a ________________ trial?
Civil
Criminal
Judicial Decision
Judge & Jury
The ___________________ records the official record of the trial; the word-for-word transcripts, created by this person, are used in appeals?
Court Bailiff
Court Reporter
Court Jester
Court of Public Opinion
__________ occurs when the judge determines there is no issue of fact or law, effectively ending the case.
Prejudicial Error
Issue of Fact
Judgement on Pleadings
Objection of Facts
Change or addition to a motion, bill or other legal document.
Liability
Amendment
Citation
Article
National legislative body of the United States, which consists of the Senate, upper house and the House of Representatives.
Congress
Caucus
Grand Jury
Political Panels
Principles and regulations established by the legislature.
Legalese
Law
Lessons
Legitimate answers
First draft of legislature in the process of publishing a statute.
Slip Laws
Session Laws
Codified Laws
Federal Statutes
Second draft of legislature in the process of publishing a statute.
Slip Laws
Session Laws
Codified Laws
Federal Statutes
Third and final draft in the process of publishing a statute.
Slip Laws
Session Laws
Codified Laws
Public Law
Any law, regulation or statute which applies to everyone in a state or nation.
Slip Laws
Session Laws
Codified Laws
Public Law
Crimes against a person or property which are motivated by a personal bias or prejudice.
Major Offense
Minor Crimes
Hate Crimes
Infraction
Unlawful action of two or more individuals conspiring to injure, oppress, threaten or intimidate an individual because they chose to exercise their constitutional rights.
Deprivation of Rights
Federally Protected Activities
Conspiracy Against Rights
Religious Protection
When a government employee willingly and knowingly deprives a criminal of their Constitutional Rights, privileges or immunities.
Deprivation of Rights
Federally Protected Activities
Conspiracy Against Rights
Religious Protection
Set of laws which provides remedies to individuals who have been injured by the wrongful acts of others.
Civil Law
Tort Law
Writ
Defendant
When a person acts with intent to cause harm or injury.
Intentional Tort
Negligence
Plaintiff
Contract Law
Court order which awards a plaintiff a sum of money.
Monetary Judgment
Warrants
Garnishment
Claim
Used in civil cases for matters of repossessing property or monetary judgement.
Delivery
Attachment
Warrants
Tort
When someone has a strict duty to ensure something is safe.
Tort Law
Civil Procedure
Strict Liability
Writ
When a person acts with reckless disregard of another person without intent to cause harm.
Strict Liability
Intentional Tort
Process Server
Negligence
Official order requiring someone to attend court.
Writ of Summons
Warrant
Delivery
Claim
Written command from the court to act or abstain from acting in some way.
Civil Procedure
Writ
Attachment
Delivery
"Process" issued in a civil lawsuit is _____________?
Strict Liability
Civil Procedure
Intentional Tort
Defendant
Laws which deal with property owned by a person or entity.
Contract Law
Tort Law
Property Law
Civil Law
Branch of civil law which deals with issues affecting families.
Criminal Law
Property Law
Writ
Family Law
Which of the following best describes negligence?
Unintentional wrongdoing
Intentional wrongdoing
Strict duty to ensure something is safe
When a person intentionally harms another
Civil Procedure includes which of the following_______?
Pleasing
Surviving
Discovery
All of the above
None of the Above
_____________ is any deception, lie, or dishonest statement made to cheat someone or induce him or her to agree to a contract?
Attachment
Fraud
Claim
Delivery
_________________ property is property that can be moved (cars, clothing, and appliances).
Personal
Corporate
Fair
Yellow
_______________ is the standard of proof for civil law that requires more than 50% of the weight of the evidence to be in the plaintiff's favor.
Preponderance of the evidence
Beyond a reasonable doubt
Clear and convincing
Admission of guilt
_____________ damages are amounts of money awarded to the plaintiff to punish the defendant for malicious, willful, or outrageous acts.
Punitive
Real
Vehicle
Pro forma
_________________ property is any property owned by either spouse before the marriage & remains the property of that person throughout the marriage.
Personal
Corporate
Fair
Separate
_______________ is an agreement reached between the victim and the wrongdoer to compensate the injured person.
Settlement
Order of Protection
Breakfast
Simple service
Exculpatory evidence is evidence that is unfavorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.
True
False
The 2014 Supreme Court case ruling that allows police to search a property without a warrant as long as the tenants whom are present consent to the search at the time of the search is __________________________________?
Fernandez v. California
Fernandez v. Texas
Fernandez v. United States
Fernandez v. Johnson
The 4 elements of a crime include all of the following except:
Criminal Act
Criminal Intent
Congruence
Causation
All of the above are included in the 4 Elements of a Crime
In criminal law _____________________ law dictates the process for case proceedings.
Procedural
Substantive
Criminal
Civil
Offenses committed in the business world are called...
Blue Collar Crimes
White Collar Crimes
Business Crimes
Computer Crimes
A reasonable ground for belief is
Intent
Probable Cause
Self-Defense
Defense
The freedom from prosecution even when one as committed the crime charged is called..
Immunity
Arraignment
Contempt of Court
Indictment
Evidence against the defendant is presented to the court to determine whether the case is sufficient to be taken to trail is during the
Arraignment
Preliminary Hearing
Bail Hearing
Indictment
__________ percent of cases end in plea bargains.
About 50
Between 60 and 70
About 75
More than 90
Which of the following is the term used to describe a claim or evidence to show the defendant could not have committed the crime based on when and where it occurred?
Reasonable doubt
Presumption
Intent
Alibi
The insanity defense has been abolished in how many states?
Two
Four
Six
Eight
To claim a defense of duress, the danger threatened must be:
Imminent, and involve physical harm to the party or others connected to hem
Serious enough to cause embarassment or public shame
Enough to outweigh the potential criminal penalties
One of a personal nature.
The defense of "duress" may also be referred to as _____________________ or compulsion.
complexity
coercion
consuming
criminal
An oral contract to pay another's debt:
is enforceable
is not enforceable
is valid
is executed
An oral promise to pay your own debt is:
enforceable
not enforceable
illegal
none of these
Mary agreed to work for Martin. Is their oral contract valid?
Yes, employment contracts don't have to be written, even though they could be harder to prove
No, employment contracts are always written
No, oral contracts are never valid
Yes, but the contract must have at least 3 witnesses
Dave told Linda during gym class, "I'll give you 50 bucks if you climb those ropes?" Is this a contract?
Yes, it has all of the elements of a contract
Yes, but it must be oral
No, it is probably in jest
none of these is correct
Matt hated his old car! In a fit of rage, he announced that he would give it to anyone who would pay even $50 for this "old heap of junk." Is this contract enforceable?
Yes, it has all of the elements
No, Matt was in a state of distress when he made the contract
Nancy told Sally she would pay her $20 if she would take her puppy inside in the afternoon between 1-3 pm so that her baby could nap with no interruptions. Sally agreed. Is this a valid contract?
No, no consideration
No, no legality
Yes, it is valid and legal
Yes, but it must be in writing
Which of the following occurs when one party intentionally or unintentionally does not fulfill their contractual obligations?
Counter Offer
Acceptance
Breach of Contract
Consideration
