Chapters 1,3,4,5 Flashcards

1
Q
The judicial power of the federal government is created in article \_\_\_\_ of the us constitution 
I
II
III
IV
A

III

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q
The ban on cruel and unusual punishment and excessive fines and bail is found in the \_\_\_\_ amendment. 
First 
Fourth
Eighth
Ninth
A

Eighth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The rights to speedy public and jury trials and to confront adverse witness are found in the _____ amendment

A

Sixth
Seventh
Eighth
Ninth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q
The protection against double jeopardy is found in the \_\_\_\_\_\_ amendment 
First 
Fourth 
Fifth 
Sixth
A

Fifth amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

The concept of venue refers to:

Which court has jurisdiction
The location where the case will be tried
Which judge will try the case
The decision as to whether there will be a bench or jury trial

A

The location where the case will be tried

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The court of the last resort in the most states for both civil and criminal cases is called the:

Court of criminal appeals
Supreme Court
District court
Court of appeals

A

Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Stare decisis is the principle that:
A case should be tried where the crime was committed
A case can be tried in a star and a federal court
New cases should be decided in w fashion consistent with the law established in prior cases
A court must have a jurisdiction to try a case

A

New cases should be decided in a fashion consistent with the law established in prior cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q
The is Supreme Court has \_\_\_\_\_\_ members 
Five 
Seven 
Nine 
Eleven
A

Nine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q
The number of justices that must agree in order to be heard on its merits by the us Supreme Court is 
Four 
Five 
Six 
Seven
A

Four

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q
The protection against self incrimination is found in the \_\_\_\_\_ amendment 
First 
Fourth
Fifth 
Sixth
A

Fifth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q
How many justices of the us Supreme Court must agree to hear this fred case
Nine 
Seven 
Four
Five
A

Four

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q
Which of the following does not require probable cause 
Conviction
Arrest 
Search or arrest warrant 
Stop and frisk
A

Stop and frisk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q
A trial courts determination of probable cause can be reviewed by a \_\_\_\_\_\_\_\_\_\_ court if the case is appealed
Appellate 
Alternate
Exclusionary 
Nine of these
A

Appellate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q
When a officer seeks to obtain a warrant from magistrate, it is important that all the information necessary to establish probable cause be included in the 
License
Application
Affidavit 
Statement
A

Affidavit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q
What level of proof is required for an officer to conduct a stop and frisk 
A mere suspicion or hunch 
A reasonable suspicion 
Probable cause 
Proof by a preponderance of the evidence
A

A reasonable suspicion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q
Which of the following types of informants are considered reliable 
An ordinary citizen 
A known criminal 
An ex felon 
Children
A

An ordinary citizen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

If there is one legal term with which police officers must be thoroughly familiar it is :
Preponderance of the evidence
Probable cause
Proof

A

Probable cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q
Probable cause and reasonable suspicion differ in degree of:
Knowledge 
Difficulty
Certainty 
Evidence
A

Certainty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q
In establishing probable cause officers may rely on their 
Intuition 
Experience 
Standard operating procedures 
Experiences of others
A

Experience

20
Q
The legal definition of probable cause states that it is more than 
Clear and convincing evidence 
Reasonable suspicion 
Bare suspicion 
Circumstantial evidence
A

Reasonable suspicion

21
Q
In order for a person to invoke the exclusionary rule they must have 
Standing 
Jurisdiction 
Venue 
Comity
A

Standing

22
Q
Which of the following is not currently an exception to the exclusionary rule 
Good faith 
Inevitable discovery 
Independent source 
Silver platter
A

Silver platter

23
Q

In mapp v Ohio the us Supreme Court
Abandoned the silver platter doctorine
Required federal courts to utilize the exclusionary rule
Created the fruit of the poisonous tree doctrine
Made the exclusionary rule applicable against states

A

Made the exclusionary rule applicable against states

24
Q
Which of the following is one of the four general exceptions to the exclusionary rule 
Harmless error 
Silver platter doctorine 
Good faith 
Arrest
A

Good faith

25
Q
He primary purpose of the exclusionary rule is to deter misconduct by 
Defense attorneys 
Judges 
Police
Prosecutors
A

Police

26
Q
The case were the us Supreme Court first authorized stop and frisk was 
Minnesota v Dickerson 
Terry v Ohio 
Mapp v Ohio
Adams v Williams
A

Terry v Ohio

27
Q
When the police detain a person during a stop longer than is reasonable the stop becomes a 
Seizure 
Search
Station house detention
Arrest
A

Seizure

28
Q
The us Supreme Court case that established th principle review was 
Mapp v Ohio 
Marbury v. Madison
Maryland v garrions 
Tennessee v garner
A

Marbury vs Madison

29
Q

____ involves a study of legal standards governing the detection, investigation, and prosecution of crime

Substantive criminal law
Criminal procedure
Substantive criminal procedure
Law school

A

Criminal procedure

30
Q
The study of \_\_\_\_\_\_ involves the analysis of the definition of specific crimes and of the general principles that apply to all crimes 
Substantive criminal law
Criminal procedure
Substantive criminal procedure
Law school
A

Substantive criminal law

31
Q
Which of the following states that whens federal laws and state laws conflict federal law is superior 
Federal criminal code
Premption doctorine
Tenth amendment 
Model penal code
A

Preemption doctorine

32
Q
The sharing of power between the federal and state governments is termed 
Dual sovereignty
Independent power
Federal state relationship
Dual law
A

Dual sovereignty

33
Q
\_\_\_\_ crimes that are considered inheritly evil and would be evil if not prohibited by law 
Mala in se
Mala prohibita
Mens rea 
Moral crimes
A

Mala in se

34
Q
\_\_\_\_\_ offenses that are not inherently evil  and only considered wrong because they are prohibited by statute 
Mala in se
Mala prohibita
Mens rea 
Moral crimes
A

Malta prohibita

35
Q
\_\_\_\_\_ is a system of base on a constitution that limits the governments power 
Constitutional democracy 
Legal democracy 
Constitutional law
Criminal law
A

Constitutional democracy

36
Q
The rule of \_\_\_\_\_ has been characterized as the first principle of American criminal  jurisprudence
Judiciary 
Legality
Clarity 
Democracy
A

Legality

37
Q
The \_\_\_\_\_ to the us constitution provides that congress shall make no law abridging freedom of speech or press 
First amendment 
Fourth amendment 
Second amendment 
Ninth amendment
A

The first amendment

38
Q

Which amendment prohibits depriving individuals of life liberty or property without due process of the law is
Fifth
Fourteenth
Or both

A

Both

39
Q
\_\_\_\_ intent provides the individuals who are grossly and wanton fly wreck less are considered to intend the natural consequences of there actions 
General
Specific
Transferred 
Constructive
A

Constructive intent

40
Q
A \_\_\_\_ intent apples when an individual intends to attack one person and injured another
General 
Specific 
Transfered 
Constructive
A

Transferred intent

41
Q
A \_\_\_\_\_ intent is a mental determination to accomplish a certain result 
General 
Specific 
Transferred 
Constructive
A

Specific

42
Q
\_\_\_\_\_ means that an individual in Risky behavior that they know creates a risk of substantial and unjustifiable and yet do not expect the injury or harm will result
Carelessly 
Negligently 
Recklessly
Purposely
A

Recklessly

43
Q
An individual satisfies the \_\_\_\_\_ standard when he is aware that the circumstances exist or that a result is praciclly certain to result from his or her conduct
Carelessly 
Negligently 
Recklessly
Purposely
Knowingly
A

Knowingly

44
Q
\_\_\_\_\_ involves invading in harmfule and dangerous conduct while being unaware of the risk that reasonable person would appreciate
 Carelessly 
Negligently 
Recklessly
Purposely
A

Negligently

45
Q

A crime that doesn’t require men’s rea
Strict liability
Public welfare
Strict welfare

A

Strict liability