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2021 Fall Semester Practicum in Law Exam

Total questions: 125

Worksheet time: 1hrs 5mins

Name
Class
Date
1.

Mitigating Factor

a)

factor which supports a more serious charge and/or stiffer penalty

b)

classification for the most serious type of crimes

c)

factor which favors the accused and makes a lesser charge and/or sentence

d)

classification for a crime of medium gravity; more serious than infraction

2.

Aggravating Factor

a)

factor which favors the accused and makes a lesser charge and/or sentence

b)

Latin phrase meaning “bad in itself”; crime classification

c)

factor which supports a more serious charge and/or stiffer penalty

d)

harmful result; element of a crime

3.

Latin phrase meaning “bad in itself”; crime classification

a)

Actus Reus

b)

Mens Rea

c)

Mala In Se

d)

Mala Prohibita

4.

Latin phrase meaning “bad because prohibited”; crime classification

a)

Mala Prohibita

b)

Mens Rea

c)

Mala In Se

d)

Actus Reus

5.

simultaneous occurrence of criminal act and criminal intent; one of the essential elements of a crime

a)

Concurrence

b)

Causation

c)

Crime

d)

Infraction

6.

criminal intent; one of the essential elements of a crime

a)

Crime

b)

Actus Reus

c)

Men Rea

d)

Actus Reus

7.

criminal act; one of the essential elements of a crime

a)

Actus Reus

b)

Crime

c)

Mens Rea

d)

Mala Prohibita

8.

Problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished are

a)

Procedural Defense

b)

Defense

c)

Self-Defense

d)

Substantive Defense

9.

An action that hinders the administration of justice- a crime punishable by imprisonment.

a)

Contempt of Court

b)

Indictment

c)

Bail

d)

Immunity

10.

A court command to appear and testify in court or provide documents to the court

a)

Subponea

b)

Indictment

c)

Voir Dire

d)

Summons

11.

When an accused person agrees to plead guilty to a less serious crime in order to get a serious charge dropped

a)

Bargain

b)

Bail Bargain

c)

Plea Bargain

d)

Contempt of Court

12.

Duress, is a _______________ defense.

a)

Legality

b)

Punishment

c)

Actus Reas

d)

Mens Rea

13.

Physical transfer of an object from one person to another.

a)

Writ

b)

Claim

c)

Delivery

d)

Warrants

14.

Legal demand of an asset or right which one party owes another.

a)

Attachment

b)

Claim

c)

Garnishment

d)

Civil Law

15.

Used to collect a debt from a third party rather than directly from the defendant.

a)

Delivery

b)

Writ

c)

Garnishment

d)

Monetary Judgment

16.

Which of the following means the defendant accepts punishment without admitting guilt?

a)

Pleading guilty

b)

Pleading no contest

c)

Pleading not guilty

d)

Plea bargaining

17.

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?

a)

Presumptive defense

b)

Affirmative defense

c)

Explanatory defense

d)

Discretionary defense

18.

The ability to be depended upon to perform consistently well is the definition of:

a)

Integrity

b)

Reliability

c)

Competence

d)

Dependability

19.

The quality of being honest and adhering to ethical and moral principles is the definition of:

a)

Integrity

b)

Reliability

c)

Competence

d)

Dependability

20.

Interpersonal skills are abilities which _____________.

a)

Demonstrate moral principles

b)

Enable effective interaction with others

c)

Relate to technical work processes

d)

Promote professional development

21.

Which two attitudes best display a command presence?

a)

Authority and confidence

b)

Discipline and authority

c)

Confidence and confidentiality

d)

Confidentiality and discipline

22.

The Federal Courts of Appeal consist of how many courts?

a)

10

b)

12

c)

15

d)

20

23.

The attorney who is hired or appointed to represent the plaintiff’s interests is known as which of the following?

a)

Jury

b)

Prosecutor

c)

Defendant

d)

Bailiff

24.

Which courts decide more than 95 percent of the nation’s legal cases?

a)

Small Claims Court

b)

State Courts

c)

Supreme COurts

d)

District Courts

25.

Which courts serve areas consisting of three to nine states known as circuits?

a)

Court of Appeals

b)

District courts

c)

Small claims courts

d)

State courts

26.

The U.S. Supreme Court consists of the Chief Justice and how many associate judges?

a)

5

b)

6

c)

8

d)

10

27.

If a court has control or authority over something or someone, it is said to have which of the following?

a)

Appeal

b)

Jurisdiction

c)

Patent

d)

Pleading

28.

The highest level of the U.S. Court System is which of the following?

a)

Federal District Court

b)

U.S. Supreme Court

c)

Federal Courts of Appeal

d)

Small Claims Court

29.

The jury’s final decision is referred to as which of the following?

a)

Appeal

b)

Pleading

c)

Verdict

d)

Trial

30.

The _________ Amendment provides the right to counsel.

a)

4th

b)

5th

c)

6th

d)

7th

31.

How many district courts are there?

a)

100

b)

94

c)

12

d)

1

32.

Who is the Chief Justice of the Supreme Court?

a)

Stephan Breyer

b)

Clarence Thomas

c)

Antonin Scalia

d)

John Roberts

33.

The power of the Supreme Court to rule acts of Congress and the President unconstitutional is known as?

a)

Final Appeal

b)

Court Prerogative

c)

Judicial Review

d)

Judicial Independence

34.

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.

a)

Marbury v. Madison, 1803

b)

Mapp v. Ohio, 1961

c)

McCulloch v. Maryland, 1819

d)

Miranda v. Arizona, 1966

35.

The United States is divided into 12 regions, each one with ____________.

a)

district courts

b)

concurrent courts

c)

United States Tax Courts

d)

U.S. Court of Federal Claims

36.

Texas is in which district of the federal court circuit?

a)

3rd

b)

5th

c)

9th

d)

12th

37.

After a verdict is delivered in a civil case, the Court will impose a sentence. True or False

a)

True

b)

False

38.

An order by a higher court to have the records from a lower court sent up for review.

a)

Amicus Brief

b)

Writ of Certiorari

c)

Stare Decisis

d)

Writ of Mandamus

39.

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__________?

a)

Gideon v. Wainright

b)

Mapp v. Ohio

c)

Betts v. Brady

d)

Miranda v. Arizona

40.

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.

a)

Weeks v. United States

b)

United States v. Nixon

c)

Terry v. Ohio

d)

Miranda v. Arizona

41.

___________ means to send the judgment back to the lower court?

a)

Retrieve

b)

Remand

c)

Reverse

d)

Replace

42.

___________ is the process of choosing potential jurors by disqualifying biased people who cannot be neutral or fair; voir dire?

a)

Jury Duty

b)

Jury of your Peers

c)

Jury Tampering

d)

Jury Selection

43.

_____________ 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?

a)

Judgement of priors

b)

Summary Judgement

c)

Summation of Facts

d)

Fact Finding

44.

To be acquitted means to be released from criminal charges. True or False

a)

True

b)

False

45.

__________________ 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

a)

Arraignment

b)

Judicial Error

c)

Jury Selection

d)

Egregious

46.

A ____________ is a request made by the appellate court to reexamine the case?

a)

Appeal by Right

b)

Appeal due to Error

c)

Error of Distinction

d)

You can't handle the truth

47.

A person against whom a crime has been committed is known as the defendant? True or False

a)

True

b)

False

48.

To _________ means to keep the decision of the lower court in effect?

a)

Affirm

b)

Answer

c)

Adequate

d)

Appeal

49.

Supreme court case ruled a person charged with a crime is entitled to a court-appointed attorney under the 6th & 14th amendments.

a)

Gideon v. Wainwright

b)

Miranda v. Arizona

c)

Betts v. Brady

d)

Mapp v. Ohio

50.

Supreme court case ruled the government must provide the defense with favorable evidence discovered during the investigation ________________________.

a)

Betts v. Brady

b)

Brady v. Maryland

c)

Tinker v. Des Moines

d)

Tennessee v. Garner

51.

Exculpatory evidence is evidence that is unfavorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.

a)

True

b)

False

52.

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 ____________________________.

a)

Gideon v. Wainwright

b)

Miranda v. Arizona

c)

Brady v. Maryland

d)

Mapp v. Ohio

53.

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 ____________________________?

a)

Terry v. Ohio

b)

Katz v. United States

c)

Tennessee v. Garner

d)

Mapp v. Ohio

54.

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 ____________________________________?

a)

Terry v. Ohio

b)

Tennessee v. Garner

c)

Miranda v. Arizona

d)

Gideon v. Wainwright

55.

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.

a)

Tennessee v. Garner

b)

United States v. Leon

c)

Leon v. United Emirates

d)

Mapp v. Ohio

56.

The Supreme Court case ruling that forces police officers to determine if a suspect is an active, violent threat before using deadly force is _________________________.

a)

Tennessee v. Garner

b)

United States v. Leon

c)

Heller v. United States

d)

Brady v. Maryland

57.

An order to produce an arrested person before a judge is called _____________________________; literal translation (latin)- "produce the body."

a)

Habeas Corpus

b)

Helvetica

c)

Subpoena

d)

Writ of Certiorari

58.

the legal definition of ____________________ means it is "said to have taken place, but not proven."

a)

Alleged

b)

Definite

c)

Verdict

d)

Citation

59.

_________________ defines conduct prohibited by the government?

a)

Civil Law

b)

Criminal Law

c)

Business Law

d)

Contract law

60.

Paying careful attention to what is said and how it is said.

a)

Active listening

b)

Passive listening

c)

Listening

d)

Speaking

61.

An arrest that occurs with the use of physical force

a)

Presumed Arrest

b)

Actual Arrest

c)

Seized

d)

Aggravated Arrest

62.

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.

a)

Aggravated Assault

b)

Assault and Battery

c)

Aggravated Battery

d)

Assault

63.

Evidence based on circumstances instead of on direct observation of an event.

a)

Circumstantial Evidence

b)

Actual Evidence

c)

Physical Evidence

d)

Real Evidence

64.

A fire that involves wood, paper, plastics, and other solid combustible materials.

a)

Class A Fire

b)

Class B Fire

c)

Class C Fire

d)

Class D Fire

65.

A fire that involves burning flammable liquids, such as gasoline, oil, grease, or acetone.

a)

Class A Fire

b)

Class B Fire

c)

Class C Fire

d)

Class D Fire

66.

A fire that involves electricity; becomes a class A or B fire when power source is shut off.

a)

Class A Fire

b)

Class B Fire

c)

Class C Fire

d)

Class D Fire

67.

The ability of a security officer to prevent crime by mere presence in uniform.

a)

Command Presence

b)

Firm But Fair

c)

Disheveled Presence

d)

Presence

68.

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.

a)

Use of Force

b)

Deadly Force

c)

Minor Force

d)

Temperamental Force

69.

A “pat-down” search of a suspect designed to discover weapons, not to recover contraband; not a full-scale search of the person.

a)

Frisk

b)

Search

c)

Visual Inspection

d)

Seizure

70.

Argument between the two parties regarding the events which took place & caused the lawsuit to arise?

a)

Issue of Fact

b)

Judge

c)

Breach of Contract

d)

Circuit Riders

71.

A trial before a Judge without a jury is called?

a)

Felonious malfeasance

b)

Bench Trial

c)

Habeas Corpus

d)

Trial of Errors

72.

The power to hear a court case for the first time is known as what type of jurisdiction

a)

School

b)

Appellate

c)

Augmented

d)

Original

73.

The legal requirement that a State must respect all legal rights that are owed to a person is know as?

a)

Xiphoid Process

b)

Lincoln's Process

c)

Habeas Process

d)

Due Process

74.

A trial in which the guilt or innocence of a person accused of a crime is decided is called a ________________ trial?

a)

Civil

b)

Criminal

c)

Judicial Decision

d)

Judge & Jury

75.

The ___________________ records the official record of the trial; the word-for-word transcripts, created by this person, are used in appeals?

a)

Court Bailiff

b)

Court Reporter

c)

Court Jester

d)

Court of Public Opinion

76.

__________ occurs when the judge determines there is no issue of fact or law, effectively ending the case.

a)

Prejudicial Error

b)

Issue of Fact

c)

Judgement on Pleadings

d)

Objection of Facts

77.

Change or addition to a motion, bill or other legal document.

a)

Liability

b)

Amendment

c)

Citation

d)

Article

78.

National legislative body of the United States, which consists of the Senate, upper house and the House of Representatives.

a)

Congress

b)

Caucus

c)

Grand Jury

d)

Political Panels

79.

Principles and regulations established by the legislature.

a)

Legalese

b)

Law

c)

Lessons

d)

Legitimate answers

80.

First draft of legislature in the process of publishing a statute.

a)

Slip Laws

b)

Session Laws

c)

Codified Laws

d)

Federal Statutes

81.

Second draft of legislature in the process of publishing a statute.

a)

Slip Laws

b)

Session Laws

c)

Codified Laws

d)

Federal Statutes

82.

Third and final draft in the process of publishing a statute.

a)

Slip Laws

b)

Session Laws

c)

Codified Laws

d)

Public Law

83.

Any law, regulation or statute which applies to everyone in a state or nation.

a)

Slip Laws

b)

Session Laws

c)

Codified Laws

d)

Public Law

84.

Crimes against a person or property which are motivated by a personal bias or prejudice.

a)

Major Offense

b)

Minor Crimes

c)

Hate Crimes

d)

Infraction

85.

Unlawful action of two or more individuals conspiring to injure, oppress, threaten or intimidate an individual because they chose to exercise their constitutional rights.

a)

Deprivation of Rights

b)

Federally Protected Activities

c)

Conspiracy Against Rights

d)

Religious Protection

86.

When a government employee willingly and knowingly deprives a criminal of their Constitutional Rights, privileges or immunities.

a)

Deprivation of Rights

b)

Federally Protected Activities

c)

Conspiracy Against Rights

d)

Religious Protection

87.

Set of laws which provides remedies to individuals who have been injured by the wrongful acts of others.

a)

Civil Law

b)

Tort Law

c)

Writ

d)

Defendant

88.

When a person acts with intent to cause harm or injury.

a)

Intentional Tort

b)

Negligence

c)

Plaintiff

d)

Contract Law

89.

Court order which awards a plaintiff a sum of money.

a)

Monetary Judgment

b)

Warrants

c)

Garnishment

d)

Claim

90.

Used in civil cases for matters of repossessing property or monetary judgement.

a)

Delivery

b)

Attachment

c)

Warrants

d)

Tort

91.

When someone has a strict duty to ensure something is safe.

a)

Tort Law

b)

Civil Procedure

c)

Strict Liability

d)

Writ

92.

When a person acts with reckless disregard of another person without intent to cause harm.

a)

Strict Liability

b)

Intentional Tort

c)

Process Server

d)

Negligence

93.

Official order requiring someone to attend court.

a)

Writ of Summons

b)

Warrant

c)

Delivery

d)

Claim

94.

Written command from the court to act or abstain from acting in some way.

a)

Civil Procedure

b)

Writ

c)

Attachment

d)

Delivery

95.

"Process" issued in a civil lawsuit is _____________?

a)

Strict Liability

b)

Civil Procedure

c)

Intentional Tort

d)

Defendant

96.

Laws which deal with property owned by a person or entity.

a)

Contract Law

b)

Tort Law

c)

Property Law

d)

Civil Law

97.

Branch of civil law which deals with issues affecting families.

a)

Criminal Law

b)

Property Law

c)

Writ

d)

Family Law

98.

Which of the following best describes negligence?

a)

Unintentional wrongdoing

b)

Intentional wrongdoing

c)

Strict duty to ensure something is safe

d)

When a person intentionally harms another

99.

Civil Procedure includes which of the following_______?

a)

Pleasing

b)

Surviving

c)

Discovery

d)

All of the above

e)

None of the Above

100.

_____________ is any deception, lie, or dishonest statement made to cheat someone or induce him or her to agree to a contract?

a)

Attachment

b)

Fraud

c)

Claim

d)

Delivery

101.

_________________ property is property that can be moved (cars, clothing, and appliances).

a)

Personal

b)

Corporate

c)

Fair

d)

Yellow

102.

_______________ 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.

a)

Preponderance of the evidence

b)

Beyond a reasonable doubt

c)

Clear and convincing

d)

Admission of guilt

103.

_____________ damages are amounts of money awarded to the plaintiff to punish the defendant for malicious, willful, or outrageous acts.

a)

Punitive

b)

Real

c)

Vehicle

d)

Pro forma

104.

_________________ property is any property owned by either spouse before the marriage & remains the property of that person throughout the marriage.

a)

Personal

b)

Corporate

c)

Fair

d)

Separate

105.

_______________ is an agreement reached between the victim and the wrongdoer to compensate the injured person.

a)

Settlement

b)

Order of Protection

c)

Breakfast

d)

Simple service

106.

Exculpatory evidence is evidence that is unfavorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.

a)

True

b)

False

107.

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 __________________________________?

a)

Fernandez v. California

b)

Fernandez v. Texas

c)

Fernandez v. United States

d)

Fernandez v. Johnson

108.

The 4 elements of a crime include all of the following except:

a)

Criminal Act

b)

Criminal Intent

c)

Congruence

d)

Causation

e)

All of the above are included in the 4 Elements of a Crime

109.

In criminal law _____________________ law dictates the process for case proceedings.

a)

Procedural

b)

Substantive

c)

Criminal

d)

Civil

110.

Offenses committed in the business world are called...

a)

Blue Collar Crimes

b)

White Collar Crimes

c)

Business Crimes

d)

Computer Crimes

111.

A reasonable ground for belief is

a)

Intent

b)

Probable Cause

c)

Self-Defense

d)

Defense

112.

The freedom from prosecution even when one as committed the crime charged is called..

a)

Immunity

b)

Arraignment

c)

Contempt of Court

d)

Indictment

113.

Evidence against the defendant is presented to the court to determine whether the case is sufficient to be taken to trail is during the

a)

Arraignment

b)

Preliminary Hearing

c)

Bail Hearing

d)

Indictment

114.

__________ percent of cases end in plea bargains.

a)

About 50

b)

Between 60 and 70

c)

About 75

d)

More than 90

115.

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?

a)

Reasonable doubt

b)

Presumption

c)

Intent

d)

Alibi

116.

The insanity defense has been abolished in how many states?

a)

Two

b)

Four

c)

Six

d)

Eight

117.

To claim a defense of duress, the danger threatened must be:

a)

Imminent, and involve physical harm to the party or others connected to hem

b)

Serious enough to cause embarassment or public shame

c)

Enough to outweigh the potential criminal penalties

d)

One of a personal nature.

118.

The defense of "duress" may also be referred to as _____________________ or compulsion.

a)

complexity

b)

coercion

c)

consuming

d)

criminal

119.

An oral contract to pay another's debt:

a)

is enforceable

b)

is not enforceable

c)

is valid

d)

is executed

120.

An oral promise to pay your own debt is:

a)

enforceable

b)

not enforceable

c)

illegal

d)

none of these

121.

Mary agreed to work for Martin. Is their oral contract valid?

a)

Yes, employment contracts don't have to be written, even though they could be harder to prove

b)

No, employment contracts are always written

c)

No, oral contracts are never valid

d)

Yes, but the contract must have at least 3 witnesses

122.

Dave told Linda during gym class, "I'll give you 50 bucks if you climb those ropes?" Is this a contract?

a)

Yes, it has all of the elements of a contract

b)

Yes, but it must be oral

c)

No, it is probably in jest

d)

none of these is correct

123.

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?

a)

Yes, it has all of the elements

b)

No, Matt was in a state of distress when he made the contract

124.

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?

a)

No, no consideration

b)

No, no legality

c)

Yes, it is valid and legal

d)

Yes, but it must be in writing

125.

Which of the following occurs when one party intentionally or unintentionally does not fulfill their contractual obligations?

a)

Counter Offer

b)

Acceptance

c)

Breach of Contract

d)

Consideration