The American Criminal Court System Ch1 Full Test Bank

CHAPTER 1 TEST BANK

MULTIPLE CHOICE

1. Sources of law include

a. judge-made law.

b. legislative law.

c. post hoc law.

d. both a and b

2. Statutes are often written

a. narrowly.

b. broadly.

c. specifically.

d. both a and c

3. The two most common primary sources of law are

a. judge-made law and common law.

b. common law and legislation.

c. judicial law and common law.

d. statutes and bills.

4. Administrative regulations are developed by which of the following?

a. judges

b. legislators

c. governmental agencies

d. the president

5. The Constitution is primarily concerned with setting forth the

a. duties of the states.

b. rights of the individuals.

c. powers of the federal government.

d. judicial branch and the legislative branch.

6. The Bill of Rights is the primary source of

a. states’ rights.

b. governmental rights.

c. individual rights.

d. executive branch rights.

7. Supporters of a strong centralized government were called

a. states’ rights supporters.

b. federalists.

c. nationalists.

d. socialists.

8. How many amendments are in the Bill of Rights?

a. five

b. eight

c. ten

d. fifteen

9. The Fourth Amendment forbids unreasonable searches and seizures and requires the existence of ___________________ before warrants may be issued or a search or seizure may take place.

a. reasonable suspicion

b. probable cause

c. reasonable doubt

d. preponderance of the evidence

10. Which constitutional amendment guarantees the right of people to peacefully assemble?

a. First Amendment

b. Second Amendment

c. Third Amendment

d. Fourth Amendment

11. Which constitutional amendment guarantees the right to petition the government for a redress of grievances?

a. First Amendment

b. Second Amendment

c. Third Amendment

d. Fourth Amendment

12. Which of the following actions is protected by the First Amendment?

a. being obscene

b. committing slander

c. burning a flag

d. uttering fighting words

13. Which constitutional amendment grants the right of the people to keep and bear arms?

a. First Amendment

b. Second Amendment

c. Third Amendment

d. Fourth Amendment

14. Which constitutional amendment prohibits the government from quartering troops in the homes of people without the consent of the property owners?

a. Second Amendment

b. Third Amendment

c. Fourth Amendment

d. Fifth Amendment

15. Which constitutional amendment states that no warrant shall be issued unless probable cause for the warrant is established?

a. Second Amendment

b. Third Amendment

c. Fourth Amendment

d. Fifth Amendment

16. Which constitutional amendment prohibits double jeopardy?

a. Third Amendment

b. Fourth Amendment

c. Fifth Amendment

d. Sixth Amendment

17. Which constitutional amendment prohibits a person from having to testify in court against his or her will?

a. Third Amendment

b. Fourth Amendment

c. Fifth Amendment

d. Sixth Amendment

18. Which constitutional amendment guarantees the right to a speedy and public trial?

a. Third Amendment

b. Fourth Amendment

c. Fifth Amendment

d. Sixth Amendment

19. Which constitutional amendment guarantees the right to face one’s accuser?

a. Third Amendment

b. Fourth Amendment

c. Fifth Amendment

d. Sixth Amendment

20. Which constitutional amendment guarantees that a person has an impartial jury?

a. Third Amendment

b. Fourth Amendment

c. Fifth Amendment

d. Sixth Amendment

21. Which constitutional amendment prohibits cruel and unusual punishment?

a. Seventh Amendment

b. Eighth Amendment

c. Ninth Amendment

d. Tenth Amendment

22. Which constitutional amendment prohibits excessive bail?

a. Seventh Amendment

b. Eighth Amendment

c. Ninth Amendment

d. Tenth Amendment

23. Which constitutional amendment states that the listing of all rights in the U.S. Constitution is not a complete list of rights of each person?

a. Seventh Amendment

b. Eighth Amendment

c. Ninth Amendment

d. Tenth Amendment

24. Which constitutional amendment is often known as protecting the rights of the individual states?

a. Seventh Amendment

b. Eighth Amendment

c. Ninth Amendment

d. Tenth Amendment

25. Which constitutional amendment has been used to incorporate the Bill of Rights to the individual states?

a. Seventh Amendment

b. Ninth Amendment

c. Tenth Amendment

d. Fourteenth Amendment

26. The Fifth Amendment includes

a. freedom from double jeopardy.

b. a speedy trial.

c. a public trial.

d. notification of charges.

27. The Supreme Court has determined that the right to counsel means that indigent persons who cannot afford to hire a lawyer must be provided a lawyer at the state's expense. This is known as

a. retained counsel.

b. public defenders.

c. appointed counsel.

d. public prosecutors.

28. Fundamental rights are those freedoms essential to the concept of ordered liberty, rights without which neither liberty nor justice would exist. Examples include

a. the Bill of Rights.

b. the Fourteenth Amendment.

c. the Twenty-Fifth Amendment.

d. both a and b

29. The essence of the Fourteenth Amendment was to bar __________ from infringing on individual rights.

a. the federal government

b. city municipalities

c. state governments

d. both a and c

30. The Constitution, drawn up at the Constitutional Convention in 1787, created a federal government with three branches. These branches are the

a. legislative, executive, and judicial.

b. legislative and judicial.

c. presidential, legislative, and judicial.

d. legislative, executive, and state supreme court.

31. Rights that “are of such a nature that they are included in the conception of due process” became known as

a. fundamental rights.

b. ordered liberty.

c. unquestionable guarantees.

d. both a and b

32. The power of the court to examine a law and determine whether the law is constitutional is called

a. strict scrutiny.

b. judicial review.

c. ex post facto.

d. stare decisis.

33. Evidence law is the set of rules that governs what the jury can __________ during a trial.

a. smell and taste

b. hear and feel

c. hear and see

d. both a and b

34. A court’s jurisdiction is conferred by

a. the president or the legislature.

b. the people through direct election.

c. tradition and the common law.

d. statutory or constitutional law.

35. Personal jurisdiction involves the power of the court

a. to review the decision of a lower court.

b. to retry a case.

c. over a person.

d. to engage in judicial review.

36. Which type of jurisdiction is also known as “venue”?

a. personal jurisdiction

b. subject matter jurisdiction

c. geographic jurisdiction

d. hierarchical jurisdiction

37. What type of jurisdiction must a court have to hear many different types of cases?

a. general

b. limited

c. original

d. appellate

38. What type of jurisdiction does a juvenile court have?

a. general

b. hierarchical

c. limited

d. appellate

39. What type of jurisdiction allows a court to review the decisions of other courts?

a. general

b. limited

c. original

d. appellate

40. What type of jurisdiction does the United States Supreme Court have when a suit between two states is initiated?

a. general

b. limited

c. original

d. appellate

TRUE/FALSE

1. ____ All societies have developed methods of resolving disputes.

2. ____ Laws are created by legislatures.

3. ____ Evidence law applies only to criminal cases.

4. ____ A constitution does not create a government.

5. ____ Criminal law is sometimes referred to as the “penal code.”

6. ____ Supporters of a weak central government were known as Federalists.

7. ____ The Articles of Confederation could raise an army but could not tax.

8. ____ The freedom to worship is absolute.

9. ____ The freedom of speech is absolute.

10. ____ The Fifth Amendment involves rights associated with criminal trials.

11. ____ The Eighth Amendment prohibits excessive bail and cruel and unusual punishment.

12. ____ States cannot treat people differently.

13. ____ One supporter of total incorporation was Justice Hugo Black.

14. ____ “Judicial review” simply means the power of the court, specifically judges, to examine a law and to determine whether the law is constitutional.

15. ____ Judicial review is specifically provided for in the Constitution.

16. ____ Marbury v. Madison is perhaps the most important case ever decided by the Supreme Court.

17. ____ Relevant evidence is evidence that is in a form a jury is permitted to hear or see.

18. ____ Competent evidence is evidence that pertains to the matter at hand.

19. ____ The United States follows what is often referred to as the “common law system.”

20. ____ All states have adopted the Federal Rules of Evidence (FRE).

21. ____ One of the functions of courts is making public policy decisions.

22. ____ Jurisdiction is conferred by statutory or constitutional law.

23. ____ Personal jurisdiction involves jurisdiction over the offense.

24. ____ “Geographic jurisdiction” refers to the authority of courts to hear cases that occur within specific boundaries.

25. ____ Criminal law involves disputes between two private parties.

26. ____ “Appellate jurisdiction” means the power of a court to review a decision of a lower court.

27. ____ Appellate courts conduct retrials.

28. ____ Courts created under the authority of Article III of the Constitution are sometimes referred to as “federal district courts.”

29. ____ Every state has at least one U.S. district court.

30. ____ Federal district courts have original jurisdiction only in criminal cases involving federal statutes.

31. ____ Until recently, much of the federal court docket comprised civil cases.

32. ____ Federal district courts are courts of general jurisdiction.

33. ____ The federal court of appeals is occasionally referred to as “circuit court.”

34. ____ The Supreme Court is considered the “court of last resort.”

35. ____ The bulk of the Supreme Court’s docket is composed of cases taken on appeal from either the federal courts of appeal or state supreme courts.

SHORT ANSWERS

1. Why does the law exist?

2. What is evidence law?

3. What were supporters of a strong centralized government called? And what were supporters of a weak centralized government called?

4. The Fifth Amendment prohibits placing someone in double jeopardy. What does this concept mean?

5. What is the difference between a true bill and a no bill?

If the grand jury returns an indictment, it is referred to as a true bill. If the grand jury refuses to indict the defendant, it is referred to as a no bill.