Judicial Processes Exam 1

Two reasons why a party might seek a change of venue for a case are I Because pre-trial publicity may have prejudiced the potential jurors 2 Because the parties and witnesses mostly live in a different place and it would be more convenient to try the case "closer to home" 3 Because the defendant is greatly disliked by people in the place where the trial was set originally 4 Because the prosecutor thinks a different judge is more likely to impose the death penalty if the defendant is found guilty A) 1, 2, and 3 B) 1, 2, and 4 C) 2, 3, and 4 D) 1, 2, 3, and 4

A) 1, 2, and 3

Match the order on the right with the steps in the criminal judicial process on the left. 1. Arraignment 2. Preliminary Hearing 3. Trial 4. Initial Appearance A) 4, 1, 2, 3 B) 1, 3, 4, 2 C) 3, 4, 2, 1 D) 4, 2, 3, 1

A) 4, 1, 2, 3

What is the core principle underlying an adversarial system of justice? A) The method of having two parties or advocates presenting the facts from entirely different viewpoints offers the best chance of enabling the fact-finder to determine the truth. B) Accusations of criminal conduct cannot be lodged against a defendant unless there is certainty of guilt. C) Efficiency is best served when opposing parties present their own evidence. D) Getting to the truth is the most important thing, regardless of the methods required to find it.

A) The method of having two parties or advocates presenting the facts from entirely different viewpoints offers the best chance of enabling the fact-finder to determine the truth.

A woman is driving down a busy street in Birmingham when she suddenly has a heart attack that makes her lose consciousness. The car crashes into a building, causing significant property damages and killing two people who were on the sidewalk. The women recovers and is relieved to learn that she is not going to be charged with vehicular homicide. What is the best explanation for why the woman was not charged with having committed a crime? A) There was not a concurrence of the actus reus and the mens rea. B) A crime requires a voluntary act; she could not be charged with committing a voluntary act when she was unconscious at the time of the accident. C) Her actions were merely mala prohibita, not mala in se. D) She lacked the specific intent or purpose kill the victims.

B) A crime requires a voluntary act; she could not be charged with committing a voluntary act when she was unconscious at the time of the accident.

Which of the following is true of appellate courts? A) Appellate courts may hear testimony from witnesses about the facts of a case as well as hearing legal arguments from counsel B) Appellate court decisions are typically made by a panel of judges, not by a single judge. C) Appellate courts can conduct a new trial, re-trying the case that was tried in the court of original jurisdiction D) Appellate decisions must be unanimous

B) Appellate court decisions are typically made by a panel of judges, not by a single judge.

Which of the following is NOT a characteristic of the common law? A) It depends on the use of precedent in analyzing how a particular statute or rule applies in specific cases. B) It must be set out in a statute, approved by the legislative branch, before it can be enforced. C) It is generally made through the court system, rather than through legislative enactments. D) It seeks to adapt core rules and principles to changing conditions, such as deciding how to apply the Fourth Amendment protection against unreasonable searches to information on an arrestee's cell phone.

B) It must be set out in a statute, approved by the legislative branch, before it can be enforced.

The defendant is charged with first degree homicide because he intentionally killed his neighbor. He claims that he acted in self-defense. What type of defense is he asserting? A) Failure of the State to prove its case beyond a reasonable doubt B) Affirmative defense of excuse C) Affirmative defense of justification D) Alibi defense

C) Affirmative defense of justification

Federal District Courts have subject matter jurisdiction over which of the following types of cases? A) Cases involving questions of federal law B) Cases between citizens of different states, if the minimum amount in controversy is met C) Cases involving questions of federal law AND cases between citizens of different states if the minimum amount in controversy is met D) Cases between citizens of the same state, regardless of how much money is at stake E) Cases dealing with state constitutional issues

C) Cases involving questions of federal law AND cases between citizens of different states if the minimum amount in controversy is met

Which of the following is NOT a true statement about our judicial system? A) It is a part of the common law tradition that began centuries ago in England when the king wanted to establish a uniform set of laws to govern the entire country. B) Our judicial system can be understood as seeking balance between the crime control model and the due process model. C) It uses an inquisitorial method for deciding whether a criminal defendant is guilty and what the punishment should be. D) It is often called a "dual system," because we have both a federal judiciary and a state judiciary in each state.

C) It uses an inquisitorial method for deciding whether a criminal defendant is guilty and what the punishment should be.

This week a court official was found to be in contempt of court for refusing to comply with a ruling of the United States Supreme Court, because it conflicted with her personal beliefs. Which of the following statements about our judicial system best explains the judge's decision to hold her in contempt of court? A) We live in a constitutional democracy, but if a majority of the voters disagree with a requirement of the Constitution, the law allows them to violate the Constitution. B) We live in a perfect democracy; if the majority of people in her district agreed with her, she was right to refuse to enforce the law. C) Our judicial system is based on the rule of law; even if she disagreed with the Court, as a public official she is legally required to comply with the law as interpreted by the highest Court in the land. D) Our judicial system is an adversarial system, so everyone has the right to argue with the decisions of the Supreme Court rather than comply with them.

C) Our judicial system is based on the rule of law; even if she disagreed with the Court, as a public official she is legally required to comply with the law as interpreted by the highest Court in the land.

Castanata Industries, Inc., a company based in Jefferson County, Alabama, wants to file for bankruptcy under the federal bankruptcy laws. The CEO of the company wants to file the bankruptcy case in Jefferson County Circuit Court, the local court of original jurisdiction for the state court system. Why does Castanata's lawyer tell the CEO that the case cannot be filed in that court? A) The Jefferson County Circuit Court lacks personal jurisdiction over the company B) The caseload for the Jefferson County Circuit Court is so full that the Court is refusing to accept new cases. C) The Jefferson County Circuit Court lacks subject matter jurisdiction over the case, because it arises under federal bankruptcy law so must be filed in federal bankruptcy court D) The Jefferson County Circuit Court lacks geographic jurisdiction over the company

C) The Jefferson County Circuit Court lacks subject matter jurisdiction over the case, because it arises under federal bankruptcy law so must be filed in federal bankruptcy court

The United States Supreme Court is considering a case that raises a legal issue that was addressed only a few years earlier. In its decision, the Court explains that it is reluctant to change the law as announced in the earlier decision. What legal principle is the Court applying in refusing to make such a change? A) Constitutional due process B) persuasive precedent C) stare decisis D) binding precedent

C) stare decisis

Which of the following was NOT one of the compromises reached between the Federalists and the Anti-Federalists in the Judiciary Act of 1789? A) Federal judges were required to be residents of the district in which they were to serve B) Boundaries of federal judicial districts would be drawn along state lines C) The federal courts were given limited subject matter jurisdiction D) Federal district judges must be approved by the voters in their respective districts

D) Federal district judges must be approved by the voters in their respective districts

Which of the following is NOT true about the Supremacy Clause? A) It is part of the U.S. Constitution. B) No answer text provided. C) It provides that whenever there is a conflict between ad federal law and a state law, the federal law will control. D) It means that state law are always superior to federal laws. E) It means that if a law is not consistent with the U.S. Constitution, the Constitution will control.

D) It means that state law are always superior to federal laws.

What is the source of the "law" establishing the principle that the judicial branch has the authority to determine whether statutes adopted by the legislative branch are consistent with the United States Constitution? A) Article III of the U.S. Constitution B) The common law C) The Judiciary Act of 1789 D) The decision of the Supreme Court in Marbury v. Madison

D) The decision of the Supreme Court in Marbury v. Madison

The criminal law differs from the civil law in many ways, but is similar in many ways. Which of the following is a NOT a true statement about how these systems compare? A) The burden of proof differs, with the burden of proof being the highest in the criminal law. B) Criminal law is concerned with protecting the interests of the society, as reflected in the criminal law, while civil law is concerned with protecting the interests of private individuals or particular groups. C) Both civil and criminal cases use the same set of evidence rules, though some rules apply differently for criminal cases than for civil cases. D) The remedies that are available, including incarceration, are the same for the criminal and the civil law.

D) The remedies that are available, including incarceration, are the same for the criminal and the civil law.

Fundamental fairness is generally viewed as a core value in the concept of ____________________________, as guaranteed by the Fifth and Fourteenth Amendments.

Due Process

Criminal law (which is distinguished from the civil law) is concerned with protecting the interests of __________________.

Society

Civil law (which is distinguished from criminal law) is concerned with protecting the interests of _______________________.

The Individual

Johnny Sams has been indicted by a federal grand jury in Birmingham on a federal felony charge. The court that has original jurisdiction over his case is the _____________

United States District Court for the Northern District of Alabama