WorksheetsCPLAW Review - Midterm
Total questions: 50
Worksheet time: 25mins
What is the 4th amendment?
Protects against unreasonable searches and seizures
Guarantees freedom of speech and religion
Grants the right to bear arms
Prohibits cruel and unusual punishment
What is the 6th amendment?
Right to a speedy and public trial
Freedom from self-incrimination
Right to due process in civil cases
Protection against double jeopardy
What are Trial Courts?
First courts to hear cases
Courts that primarily make laws for states
Highest courts that set national policy
Agencies that enforce administrative rules
What are Appellate Courts?
Higher courts that review decisions made by trial courts
Courts that hear cases first and decide facts
Special courts that handle only juvenile cases
Local courts that issue search warrants
What is the Supreme Courts?
Highest court in the system
Intermediate courts that accept most appeals
Local courts with limited jurisdiction
Administrative hearing boards
What is a felony?
More severe crime punishable by over one year in prison
Any offense resulting only in a fine
Less serious crime punishable by under one year in jail
A civil wrong requiring monetary payment only
What is a misdemeanor?
Less serious crime punishable by under one year in jail
Most serious crime punishable by life in prison
A non-criminal civil dispute
Any offense requiring mandatory probation
What are the 4 sources of law?
Constitutional, Statutory Law, Case Law, Administrative law
Municipal, Military, Canon, International law
Executive orders, Treaties, Customs, Equity only
Natural, Moral, Contract, Corporate law
What is the greatest good principle?
Aim to maximize overall happiness for the most people
Always follow rules regardless of outcomes
Protect individual rights above all else
Distribute benefits strictly equally in all cases
What are the 3 branches of government?
Executive, Legislative, Judicial
Federal, State, Local
Civil, Criminal, Administrative
House, Senate, Cabinet
How does a bill become a law?
Passed by both houses of Congress and signed by the President
Proposed by the President and automatically enacted in 30 days
Approved by the Supreme Court and sent to agencies
Voted on by the public in a national referendum
What is substantive law?
Defines crimes and rights of individuals (what the law is)
Outlines courtroom procedures and filing rules
Guides how agencies implement statutes
Explains appellate review standards only
What is procedural law?
Describes the steps and processes of legal proceedings
Defines the elements of crimes and defenses
Creates agencies and grants them authority
Sets ethical duties for attorneys only
What is criminal law?
Deals with crimes and public wrongdoings that can result in imprisonment
Resolves private disputes seeking monetary relief
Sets internal rules for government agencies only
Addresses nonbinding moral obligations
What is civil law?
Deals with private individuals seeking monetary payment
Punishes offenses against the public with incarceration
Governs military conduct exclusively
Creates constitutional amendments
On what date did 9/11 occur?
September 11, 2001
July 4, 2001
September 1, 2011
October 31, 2000
How many required jurors are there for criminal cases?
12
6
9
15
What is an appellate court?
A court that reviews decisions made by lower courts
A court that hears cases first and decides facts
A court that issues warrants but holds no trials
A court that mediates disputes without judgments
What is the highest court in the US?
Supreme Court
Court of Appeals
District Court
State Supreme Court
What is jurisdiction?
Authority for a court to hear cases
The process of selecting a jury
The written decision of an appellate court
A plea agreement between parties
What is the purpose and role of a lawyer?
Provide legal services and representation
Enact statutes for the legislature
Serve as neutral judges in trials
Enforce laws through police powers
What is ADR?
Alternative Dispute Resolution such as mediation, negotiation, and arbitration
Administrative Decision Review of agency orders
Adversarial Defense Rights during trial
American Due process Reform in courts
What was the outcome of the Supreme Court case Roper v. Simmons?
The death penalty for minors was ruled unconstitutional
Mandatory life without parole for minors was required
Juveniles could be tried only in juvenile courts
The death penalty was extended to all federal crimes
What is harassment?
Sending messages or contacting someone despite being told no
A single accidental interaction with a stranger
Any criticism of a public official
Lawful service of legal documents by a process server
What is stalking?
Constant following and showing up uninvited
Posting a single comment online
Requesting a meeting through official channels
Observing public behavior from a distance once
What constitutes a physical assault charge?
A threat of harm that places someone in apprehension
Only causing serious physical injury
Any rude comment made in public
Property damage without any threats
What constitutes a battery charge?
Intentional physical contact that causes actual harm or injury
Threatening words without any physical contact
Taking someone’s property without permission
Playing loud music that disturbs neighbors
What is the Bill of Rights?
The first ten amendments to the U.S. Constitution that protect individual freedoms from government interference
A list of powers granted to Congress to regulate commerce
State laws that define criminal offenses and penalties
A federal code that sets tax obligations for citizens
What constitutes a disturbing the peace charge?
Unreasonable noise or fighting that disrupts public order, such as loud music at night
Secretly recording a private conversation with consent
Reading quietly in a public park during posted hours
Driving under the speed limit on a highway
What are statutes?
Laws enacted by a legislature such as Congress or a state assembly
Decisions issued by judges interpreting prior cases
Rules created by executive agencies to implement laws
Local customs followed by communities without legal force
What does precedent mean?
A past judicial decision used as a guide for deciding future cases with similar facts
A law proposed but not yet passed by the legislature
A written agreement between two private parties
A temporary court order that expires after 24 hours
Who are ordinances passed by?
Local governments or agencies such as cities and counties
The United States Congress
The U.S. Supreme Court
Private nonprofit organizations
What is the purpose of a legal brief?
To summarize the facts and explain how the law applies to support a party’s position
To record witness testimony verbatim during a trial
To present a jury’s final verdict to the judge
To list court dates and filing fees for the clerk
Who is the defendant?
The person accused of a crime or sued in a civil case
The government lawyer bringing charges
The judge overseeing the case
A neutral expert witness
What does committing perjury mean?
Knowingly lying under oath during official proceedings
Refusing to answer any questions in court
Accidentally misstating a date without intent
Discussing a case with the media
What is a pro bono case?
Legal services provided by lawyers for free to the client
A plea agreement that reduces charges
A case dismissed due to lack of evidence
A lawsuit filed by multiple plaintiffs together
What is a plea deal?
An agreement where a defendant pleads guilty to receive a lesser charge or sentence
A jury’s unanimous decision after deliberation
A prosecutor’s formal accusation filed with the court
A judge’s order excluding certain evidence
What is double jeopardy?
The constitutional protection against being tried twice for the same offense
Charging both a felony and a misdemeanor for unrelated conduct
Allowing two prosecutors to try one case together
Imposing both a fine and community service for one conviction
What cases go to Family Court?
Matters such as child custody, divorce, or name changes
Felony assault cases involving serious injuries
Traffic infractions like speeding or parking tickets
Disputes over federal income taxes
What cases go to Juvenile Court?
Cases involving individuals under 18 accused of delinquent acts, such as theft
Civil lawsuits between businesses over patents
Bankruptcy filings by insolvent corporations
Appeals from federal district courts
What cases go to Probate Court?
Matters dealing with estates and wills when people die
Criminal prosecutions for drug offenses
Zoning disputes over building permits
Divorce and child support hearings
What cases go to Municipal Court?
Local matters such as traffic violations or city ordinance disputes, including some landlord-tenant issues
Federal antitrust lawsuits involving national markets
Felony trials for homicide
Patent infringement cases
What cases go to County Court?
Small contract disputes under about $1,000 (small-claims matters)
Felony trials requiring lengthy prison sentences
Appeals from state supreme courts
International treaty disputes
Who is the prosecution?
The government’s attorney who brings criminal charges on behalf of the state or people
The accused person defending against the charges
A neutral mediator assisting settlement
The jury responsible for deciding damages
What are the three levels of crime?
Infraction, misdemeanor, felony
Tort, breach, liability
Complaint, indictment, verdict
Citation, appeal, retrial
Who is the plaintiff?
The person who files a lawsuit in a civil case
The government representative prosecuting crimes
The witness who testifies for the defense
The officer who serves court papers
What does negligence mean?
Failure to exercise reasonable care in doing something, resulting in harm
A deliberate plan to cause injury
A lawful excuse that justifies the act
The complete absence of any duty owed to others
In what type of cases must a party prove a burden of proof described as beyond a reasonable doubt?
Criminal cases
Family law cases
Probate cases
Municipal ordinance appeals
In what type of cases is a party found liable or not liable rather than guilty or not guilty?
Civil cases
Criminal cases
Juvenile delinquency cases
Military court-martial cases
Match the four elements of a crime with their definitions.
Actus Reus
The guilty act or prohibited conduct
Causation
The requirement that the behavior must cause the harm
Mens Rea
The guilty mind or intent
Concurrence
The coexistence of the act and the intent together
