Evidence procured in an illegal search and seizure
Question 1
The material element of a crime is:
actus reus
deus rex
mens rea
stare decisis
Question 2
In the majority of states that have abolished the grand jury system, what is/are used to determine whether there is probable cause for the accused to be bound over for trial?
a preliminary hearing
a bill of attainder
a plea bargain
the rules of discovery
Question 3
What is a justification for a grand jury?
Because it is an option provided in the Constitution.
To ensure that the police are not using the courts to harass private citizens.
To ensure that all cases have enough evidence to go to trial.
To make sure that the D.A. has secured enough evidence to warrant the trouble and expense of a full-fledged trial.
Question 4
Each year in the United States, law enforcement officers make about how many million arrests (not counting traffic offenses)?
5
9.2
11
30
Question 5
When a crime is committed in the presence of a police officer or when an officer has probable cause to believe that someone has committed (or is about to commit) a crime, an arrest can occur without a/an ________.
bill of attainder
venire
warrant
arraignment
Question 6
Why may a defendant plead nolo contendere?
To pay a fine instead of risk jail time.
So the charges will not go on their permanent record.
To avoid being pressured into pleading guilty.
It may spare a defendant from certain civil penalties that might follow a guilty plea.
uestion 7
What is the essential mental element of a crime?
mens rea
nolo contendere
actus reus
nolle prosequi
Question 8
A magistrate determines if a suspect:
is mentally competent to stand trial.
can be released on bail
has enough evidence against them to stand trial.
should be sent to a grand jury.
Question 9
Which one of these happens during a trial in a civil case?
deposition
discovery
motion to quash
motion for a direct verdict
Question 10
Civil cases are primarily disputes between:
an individual and the government.
the government and an individual.
an individual and another individual.
a group against the government.
Question 11
Medical malpractice is a subfield of ____ law.
contract
family
property
tort
Question 12
Which of the following statements is not accurate?
Civil law pertains primarily to the duties of private citizens to each other.
In a civil case the court attempts to settle a particular dispute between the parties by determining their legal rights.
Criminal cases far outnumber civil cases in both the federal and state courts.
Major categories of civil law include contract, tort, property, and family law.
Question 13
Real property normally refers to
money and jewelry.
automobiles.
land and buildings.
furniture.
Question 14
Instead of going to trial, a subject may instead do what?
Use Alternate Dispute Resolution
Plea a case before a magistrate
File a motion for a direct verdict
Invoke the “lemon law”
Question 15
In many state court systems, probate courts
have jurisdiction to handle cases in which the money being sued for is not above a certain amount.
are often established to deal with such matters as divorce, child custody, and child support.
handle the settlement of estates and the contesting of wills.
are used by collection agencies as a relatively cheap and efficient way to collect small debts.
Question 16
In a jury trial, a group of people is summoned from a panel of potential jurors to appear in a given courtroom. This group is known as a
voir dire.
corpus juris.
venue.
venire.
Question 17
During a trial, what provides members of the jury with an outline of the major objectives of each side’s case, the evidence to be presented, the witnesses to be called, and what each side seeks to prove?
voir dire
opening statements
cross-examination
redirect examination
Question 18
About what percentage of all persons charged with felonies in the United States are convicted?
50
65
90
99
Question 19
Which Amendment to the U.S. Constitution declares that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.”
Fourth
Fifth
Sixth
Seventh
Question 20
The state and the defense can object to jurors with challenges for cause and with ____ challenges.
en banc
equity
peremptory
habeas corpus
Question 21
Which Amendment to the U.S. Constitution guarantees the right to an impartial jury.
Fifth
Sixth
Seventh
Eighth
Question 22
The accused is guaranteed an attorney if tried for any crime that may result in a prison term, and the government must provide the legal defense for an indigent defendant because of the result of a series of ____ decisions.
congressional
presidential
Justice Department
Supreme Court
Question 23
Potential jurors are questioned in open court about their general qualifications for jury service in a process known as
voir dire.
venire.
nolle prosequi.
certification.
Question 24
Which Amendment to the U.S. Constitution guarantees the accused the opportunity “to have the Assistance of Counsel for his defense”?
Fourth
Sixth
Seventh
Eighth
Question 25
The source of the exclusionary rule, which in effect means that evidence procured in an illegal search and seizure may not be used against the accused at trial, is the ____ Amendment to the U.S. Constitution.
Fourth
Fifth
Sixth
Seventh