Chapter 1:
Section 1:
Please
indicate which answers below are true and which are false:
1. A civil
suit can be brought over the same issues involved in a criminal case:
2. A civil
lawsuit and a criminal case involving the same issues proceed independently of
one another.
3. In a
criminal trial, the government is permitted to call the defendant to the stand
to ask him any questions, or to make any negative inference from the
defendant's failure to take the stand.
4. The
result in a civil case is a finding of liability, not guilt
5. A felony
is a crime punishable by more than one year in custody.
6. A
misdemeanor is a crime punishable by more than ten years in custody
7. The
prosecutor is a representative of the judicial branch
8. Common
law crimes are no longer legal in any state
9. The
burden of proof in a criminal case is beyond a shadow of a doubt.
10.
The burden of proof in a civil case is
preponderance of the evidence
Please indicate the
correct answer for the following questions:
1. Which of
the following is not true about the distinction between civil and criminal law?
a. The purpose of civil law is to compensate victims who have been injured by
the actions of others
b. The purpose of criminal law is to discourage behavior that society has
deemed to be undesirable
c. The purpose of civil law is to imprison wrongdoers
d. Criminal cases are brought by the state
2. A court
of record is one that:
a. maintains a comprehensive file system
b. keeps records of the actions and dispositions in cases
c. is responsible for hearing traffic citations
d. does not exist, except on the federal level
3. "Separation
of powers" is a clause of the U.S. Constitution that provides:
a. the actions of each branch will be reviewed by the other branches
b. the duties and obligations of one branch cannot be infringed upon by another
branch
c. the Executive branch can only exercise its powers in limited situations
d. Only two out of three branches of government have actual power
4. All of
the following are branches of the government, except:
a. executive branch
b. judicial branch
c. legislative branch
d. administrative branch
5. The
burden of proof in a criminal case is:
a. beyond all doubt
b. beyond a show of a doubt
c. beyond a reasonable doubt
d. to a mathematical certainty
6. The
burden of proof in a civil case is:
a. beyond a reasonable doubt
b. beyond a mere doubt
c. preponderance of the evidence
d. preponderance of persuasion
7. Most
crimes fall under the jurisdiction of:
a. state law
b. federal
c. administrative law
d. none of the above
8. A person
can be sued civilly
a. only after any criminal case based on the same facts has been disposed of
b. before a criminal case is brought
c. after a criminal case is brought
d. both b and c
9. The power of a court to make rulings and
enter judgments in specific categories of cases.
a. Venue
b. Jurisprudence
c. Jurisdiction
d. Ordinance
10.
When the
President vetoes legislation proposed by Congress, this is an example of:
a. Separation of Powers
b. Judicial function
c. Checks and balances
d. Separation of Church and state