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WorksheetsUnit 3 Test Judicial Systems
Total questions: 94
Worksheet time: 47mins
What is an Adjudicated Delinquent?
A juvenile that has been found guilty by a judge of committing a delinquent act.
A juvenile who is awaiting trial.
A juvenile who has been acquitted of charges.
A juvenile who has been sentenced to community service.
What does the Bail Reform Act of 1984 authorize?
Procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentence, and appeal.
The immediate release of all non-violent offenders.
The abolition of cash bail.
Mandatory detention for all accused persons.
What is a Bench Trial?
A trial with a jury.
A trial without a jury, in which the judge serves as the fact-finder.
A trial that is held outdoors.
A trial that involves multiple judges.
What is the purpose of a Challenge for Cause?
To exclude a potential juror for a stated reason that is allowed by law.
To challenge the verdict of a trial.
To request a new judge for the trial.
To appeal a court decision.
What is Circumstantial Evidence?
Evidence that requires an inference be made by the finder of fact.
Evidence that directly proves a fact.
Evidence that is inadmissible in court.
Evidence that is based on hearsay.
What is the Confrontation Clause?
A clause of the Sixth Amendment to the United States Constitution which provides that "in all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him."
A clause that allows for secret trials.
A clause that permits the use of anonymous witnesses.
A clause that allows for the exclusion of evidence.
What is a Delinquent?
A juvenile who has committed an act that would be called a "crime" if the actor was an adult.
A juvenile who has been acquitted of charges.
A juvenile who is awaiting trial.
A juvenile who has been sentenced to community service.
What is Direct Evidence?
Evidence that proves the truth of an assertion without the need for any inferences.
Evidence that requires an inference be made by the finder of fact.
Evidence that is inadmissible in court.
Evidence that is based on hearsay.
What is the role of a District Attorney (D.A.)?
The attorney, usually an elected official, tasked with prosecuting accused persons in the name of the state.
The attorney responsible for defending accused persons.
The attorney who oversees civil cases.
The attorney who provides legal advice to the government.
What is Double Jeopardy?
The unconstitutional practice of prosecuting a person twice for the same offense within the same jurisdiction.
The practice of trying a person in both civil and criminal court.
The practice of appealing a court decision.
The practice of retrying a case after a mistrial.
What is Exculpatory Evidence?
Evidence that tends to prove the innocence of the defendant in a criminal trial.
Evidence that proves the guilt of the defendant.
Evidence that is inadmissible in court.
Evidence that is based on hearsay.
What is a Foreperson?
The leader and spokesperson for a jury who is usually responsible for reading the jury's verdict in court.
The judge overseeing the trial.
The attorney representing the defendant.
The bailiff in charge of court security.
What is a Guilty Plea?
An admission of culpability (blameworthiness) for a crime.
A denial of culpability for a crime.
A request for a new trial.
A statement of innocence.
What is Hearsay?
Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else.
Evidence that directly proves a fact.
Evidence that is inadmissible in court.
Evidence that is based on direct observation.
What is a Hung Jury?
A jury unable to reach a decision as to the guilt of the defendant; results in a mistrial.
A jury that reaches a unanimous decision.
A jury that is dismissed before the trial concludes.
A jury that is sequestered during the trial.
What is an Indigent Defendant?
A person that cannot afford an attorney to defend them against a criminal accusation.
A person who chooses to represent themselves in court.
A person who has been acquitted of charges.
A person who is awaiting trial.
What is a Jury Nullification?
A finding of not guilty by a jury that believes the defendant does not deserve punishment.
A jury's decision to convict a defendant.
A jury's inability to reach a verdict.
A jury's request for more evidence.
What is a Motion to Suppress?
A formal request to a judge that certain evidence not be considered at trial.
A request for a new trial.
A request to dismiss the case entirely.
A request to change the venue of the trial.
What is a Nolle Prosequi?
A Latin legal phrase meaning "will no longer prosecute;" formal notice by a prosecutor that a case is being dropped.
A plea of "no contest."
A request for a new trial.
A statement of innocence.
What is a Peremptory Challenge?
A court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason.
A challenge to the verdict of a trial.
A request for a new judge for the trial.
A request to appeal a court decision.
What is a Petition in juvenile court?
A document filed in juvenile court alleging that a juvenile is a delinquent and asking that the court assume jurisdiction.
A request for a new trial.
A plea of "no contest."
A statement of innocence.
What is Pro Bono Publico?
A Latin legal phrase meaning "for the public good"; often used to describe attorneys representing indigent clients free of charge.
A plea of "no contest."
A request for a new trial.
A statement of innocence.
What is Release on Recognizance (ROR)?
A release from custody based strictly on the defendant’s promise to return to court for further proceedings.
A request for a new trial.
A plea of "no contest."
A statement of innocence.
What is a Status Offense?
An act that is prohibited because of the age of the actor, and which would not be a crime if committed by an adult.
An act that is always considered a crime.
An act that is only a crime if committed by an adult.
An act that is not punishable by law.
What is Testimonial Evidence?
An oral or written assertion offered into evidence as proof of a fact.
Evidence that requires an inference be made by the finder of fact.
Evidence that is inadmissible in court.
Evidence that is based on hearsay.
The Adjudicatory Hearing is similar to an adult trial.
True
False
The Bifurcated Hearing is a two-part juvenile court proceeding.
True
False
The Coffin v. U.S. (1895) decision established the presumption of innocence in American criminal law.
True
False
The Criminal Justice Act (CJA) was enacted in 1964.
True
False
The Disposition Hearing is the phase of a juvenile delinquency proceeding when the judge decides what form of training and treatment will be in the best interest of the child.
True
False
The Faretta v. California (1975) ruling established the precedent that people have a right to self-representation in criminal cases.
True
False
The Federal Rules of Evidence were established by the Congress.
True
False
A Not Guilty Plea means that the defendant denies culpability for the alleged criminal act.
True
False
The U.S. v. Salerno (1987) decision ruled that the pretrial detention of a dangerous defendant was not a due process violation so long as the dangerousness was proven.
True
False
What is the primary purpose of Procedural Criminal Law?
To establish procedures for arrests, searches, and conducting trials.
To define which acts are considered crimes and their punishments.
To explain the differences between civil and criminal law.
To determine the power dynamics in federalism.
Which of the following is a principle of Common Law that states courts should decide cases consistent with previous decisions?
Supremacy Clause
Mens Rea
Stare Decisis
Case Law
What is the dual court system in the United States?
A system with separate courts for criminal and civil cases.
A system with both federal and state courts.
A system that separates juveniles and adult cases.
A system involving two levels of appeal in the court system.
What does the term 'Mala in se' refer to in criminal law?
Offenses that are inherently evil.
Offenses that are not morally wrong.
Acts of negligence causing harm.
Minor criminal offenses.
What is an example of a strict liability offense?
Murder
Burglary
Assault
Speeding
Which defense requires the defendant to show a reasonable belief of imminent danger?
Necessity
Duress
Self-defense
Entrapment
In legal terms, what does 'Actus Reus' refer to?
Guilty act
Guilty mind
Legal obligation
Court's decision
What is the primary difference between substantive criminal law and procedural criminal law?
Substantive law deals with the enforcement of rights; procedural law deals with the protection of rights.
Substantive law specifies prohibited acts and related punishments; procedural law establishes the process to handle criminal cases.
Substantive law defines civil rights; procedural law defines criminal procedures.
Substantive law is created by judges; procedural law is created by legislatures.
What is a feature of civil court proceedings?
Burden of proof is beyond a reasonable doubt.
Defendant has a right to an attorney.
State prosecutes the alleged offender.
Private wrongs are addressed, and the burden of proof is preponderance of the evidence.
Which case established the principle of judicial review in the United States?
Marbury v. Madison
Gibbons v. Ogden
Argersinger v. Hamlin
Faretta v. California
Is the Wedding Cake Model associated with understanding the layers of criminal cases, distinguishing celebrated cases from misdemeanors?
True
False
Does procedural criminal law dictate the process for interrogations and conducting trials?
True
False
Is common law primarily derived from written statutes rather than judicial decisions?
True
False
Does dual federalism imply that state and federal governments share powers in the United States?
True
False
In the criminal justice system, does 'actus reus' refer to a guilty mindset?
True
False
Is 'stare decisis' a principle that encourages courts to overturn previous decisions frequently?
True
False
In civil court proceedings, is the burden of proof beyond a reasonable doubt?
True
False
Is 'mens rea' essential for establishing a strict liability offense?
True
False
Does the concept of 'necessity' allow an individual to choose a lesser evil over harm prevented in a legal defense?
True
False
Is 'nolo contendere' a plea that has the same effect as 'guilty' in criminal trials but cannot influence civil cases?
True
False
What is Actual Possession?
Owning something without physical control
Having physical control or custody over something
The right to use something but not own it
Sharing ownership of an object with others
Which legal term refers to the act or omission that a statute seeks to prohibit?
Actus Reus
Mens Rea
Malice Aforethought
Concurrence
What is Administrative Law?
The law governing criminal actions and punishments
A set of legal precedents from past court decisions
The procedures for civil cases in court
The body of law regulating the activities and procedures of government agencies
What does Case Law refer to?
Law written in constitutions
Rules made by administrative agencies
Law established in previous court decisions
Statutory law made by legislators
In the context of criminal law, what does Causation mean?
An element requiring that the act caused the harm sought to be prohibited
A type of defense available to defendants
The intent behind committing a criminal act
A guideline for interpreting criminal statutes
What is Coercion in legal terms?
A voluntary agreement between parties
The use of force or threat to gain compliance
A legal principle for contractual agreements
The lawful exercise of authority
What are the Commentaries on the Laws of England?
Modern US textbooks on criminal law
Rules for interpreting statutory laws
A collection of court case summaries
A treatise by Sir William Blackstone influencing US law
What is Common Law?
Written laws enacted by legislatures
The legal system relying on historical judicial decisions
International treaties and agreements
Procedural guidelines for legal proceedings
What is the role of Concurrence in criminal law?
The official agreement of all parties in a trial
The requirement of a third-party witness
Linking criminal intent with the criminal act
The timeline of events leading to a crime
What defines Constructive Possession?
Legal possession without direct physical control
Joint ownership of a property
Temporary custody of an object
Ownership transferred through a will
What is a Cybercrime?
Crimes related to physical theft of assets
Criminal acts involving public disorder
The use of brute force for compliance
Crimes conducted over the internet or computer network
What is considered Deadly Force?
Force used to detain a suspect
Force likely to cause serious injury or death
Any physical contact during an arrest
Verbal threats of harm
What constitutes a Duress defense?
Claiming mental illness during the crime
Involuntary action due to external substances
Actions taken under threat of harm
Lack of awareness of the criminal act
What element of crime requires proof for conviction?
An extenuating circumstance
A popular opinion
A legal precedent
Elements of crimes
What is Embezzlement?
Theft of property by an employee
Fraud involving false representation
Stealing of intellectual property
Piracy on the internet
What is Entrapment in the context of legal defense?
Illegal enticement by non-police entities
Inducing a crime through police encouragement
A defense based on mental incapacity
A method of convincing a witness to testify
What does the term Excuse in legal defenses imply?
Complete innocence of the act
Mitigating factors for reducing sentence
Admitting act, citing non-blameworthy reasons
Justifying actions due to societal norms
What differentiates a Felony from other crimes?
It is a serious crime with over one year of prison time
It involves moral turpitude
It is always tried in federal court
It involves minor financial penalties
Which crime is characterized by motivation from prejudice?
White-collar crime
Organized crime
Cybercrime
Hate crime
What does the Insanity Defense argue?
A defendant is not culpable due to mental disease
The accused was under influence of drugs during the act
A lack of criminal intent during the crime
The act was an accident
What is the role of a prosecutor in a criminal trial?
Presents the government’s case against the defendant
Decides the verdict of the case
Defends the accused in court
Serves as an unbiased mediator
Which legal principle requires courts to follow previous case decisions?
Double Jeopardy
Stare Decisis
Adjudication
Prima Facie
In criminal law, what is 'mens rea'?
The physical act of the crime
The evidence presented in court
The mental state of intent to commit a crime
The jury’s decision
What does the 'Burden of Proof' mean in a criminal trial?
The obligation of the prosecution to prove the defendant’s guilt beyond a reasonable doubt
The duty of the defense to prove the innocence of the defendant
The requirement for jury members to provide evidence during deliberations
The responsibility of the judge to determine the outcome of the case
What is the 'Wedding Cake Model' in the context of the criminal justice system?
A model illustrating the layers of criminal cases, from high-profile cases to misdemeanors
A method for organizing judges and lawyers within a legal firm
A template for arranging courtroom seating during a trial
A diagram used to explain the appeals process
What is the difference between 'mala in se' and 'mala prohibita' crimes?
'Mala in se' refers to crimes against property, while 'mala prohibita' refers to crimes against persons
'Mala in se' refers to minor infractions, while 'mala prohibita' refers to serious crimes
'Mala in se' requires intent, while 'mala prohibita' does not
'Mala in se' are inherently evil offenses, while 'mala prohibita' are not morally wrong but prohibited by law
In a criminal trial, what does the 'voir dire' process refer to?
The first hearing of the case
The selection and questioning of potential jurors
The presentation of closing arguments
The process of submitting evidence
Which case is famous for establishing the principle of judicial review in the United States?
Gibbons v. Ogden
Brown v. Board of Education
Marbury v. Madison
Roe v. Wade
What does 'actus reus' mean in the context of criminal law?
The guilty act
The intent to commit a crime
The legal defense used in court
The punishment given for a crime
What is required to prove 'self-defense' in a legal case?
Proving the defendant had a weapon
Showing the victim had a criminal record
Proving the incident occurred at night
Demonstrating a reasonable belief of imminent danger and use of necessary force
Which law established the concept of dual federalism in the United States?
Gibbons v. Ogden
The Civil Rights Act
Marbury v. Madison
The Voting Rights Act
What does the 'Exclusionary Rule' prevent in criminal trials?
The introduction of new laws during a trial
The participation of witnesses with a criminal background
The use of illegally obtained evidence
The cross-examination of children
Which concept refers to the government's power to act as a parent to juvenile offenders?
Parens Patriae
In Loco Parentis
Res Judicata
Habeas Corpus
What principle is illustrated by the Gibbons v. Ogden case?
Separation of church and state
Federal law takes precedence over state law
Right to free speech
Protection against double jeopardy
Which test is used to determine a defendant's sanity in court?
Stare Decisis Test
Burden of Proof Test
M'Naghten Rule
Voir Dire Process
What does the term 'nolle prosequi' mean in legal terms?
A verdict of not guilty
A decision not to prosecute
An appeal to a higher court
A motion to suppress evidence
What role does a 'grand jury' play in the criminal process?
Determining if there is probable cause to proceed with charges
Deciding the final verdict in a trial
Providing legal defense to the accused
Overseeing the appeals process
What is the primary focus of 'statutory law'?
Clarifying constitutional law
Holding criminal laws passed by legislative bodies
Adjudicating civil disputes
Developing common law through judicial decisions
What distinguishes a 'felony' from a 'misdemeanor'?
Felonies are punishable by fines only
Misdemeanors are criminal offenses that cannot result in jail time
Felonies involve imprisonment for more than a year
Misdemeanors require a grand jury indictment
In what scenario would the defense of 'necessity' be applicable?
When no other defenses are available
When the defendant committed an act due to government persuasion
When the crime was committed in a public place
When choosing a lesser evil to prevent greater harm
