Exam 1

Question 0

Executive Branch

Answer 0

Carries out Laws

President

Question 1

Legislative Branch

Answer 1

Makes Laws

Senate
House of Representatives

Question 2

Judicial Branch

Answer 2

Interprets the Law

Supreme Court

Question 3

Which congress votes to pass a law, the law does not take effect until it is signed by the president, is an example of :

Answer 3

Checks and Balances

Question 4

Which of the following are true:

The dec. of ind. was the first law to take effect in US or each state has it’s own constitution:

Answer 4

Each state has it’s own constitution

Question 5

Every State and Federal statue begins as:

Answer 5

Statutes begin as a Bill

Question 6

The supreme law of the United States is:

Answer 6

The U.S constitution

Question 7

To pass a law in the U.S Congress or in a State Legislature, a “yes” vote requires:

Answer 7

A majority of the members (51% or more) to approve

Question 8

Laws created by the US Congress or by a State Legislature are called-

Answer 8

Statutes

Question 9

A law created by a judge when he or she decides a case is called:

Answer 9

Common Law or Case Law

Question 10

A courts legal authority to hear and decide a case is referred to as it’s:

Answer 10

Jurisdiction

Authority to decisions and judgement

Question 11

A lawsuit begins when a person or entity serves another party with a:

Answer 11

Complaint

Question 12

For a defendant to be found “guilty” in a criminal trial, how many of the jurors must vote “guilty”?

Answer 12

12 out of 12 for criminal 100%

Question 13

In a civil lawsuit, a complaint and an answer are called:

Answer 13

Pleadings

Question 14

The US Constitution provides protection from the wrongful actions of the government to:

Answer 14

US citizens and non-citizens who are in the US who are in the US legally or illegal.
EVERYONE IN THE COUNTRY IS PROTECTED

Question 15

Face-to-face verbal questioning of a witness under oath conducted prior to a trial is known as a:

Answer 15

Deposition

Question 16

Before a trial starts, both parties to a lawsuit receive relevant information from each other in a process called

Answer 16

Discovery

Question 17

The burden of proof in a CIVIL case is on:

Answer 17

The plaintiff to present a preponderance of evidence proving that the defendant is liable to plaintiff

Question 18

Every trial begins with an opening statement by the attorney for each side. Which attorney gives the statement first?

Answer 18

Plaintiffs attorney gives statement first.

Question 19

To decide an appeal, the appellate court:

Answer 19

Reviews the record if the trial court proceeding

Question 20

A judge May award a default judgement to a plaintiff if the defendant fails to serve the plaintiff with:

Answer 20

An answer to the plaintiffs complaint

Question 21

The burden of Proof in a criminal trial is on/:

Answer 21

The People to present evidence that proves beyond a reasonable doubt that the defendant is guilty.

Question 22

The amount of money that the plaintiff is suing the defendant for in civil lawsuit is referred as:

Answer 22

The Damages

Question 23

A defendant who loses a civil case may be ordered by the judge to pay ___ if the defendant is found ___ by the jury

Answer 23

Damages ; Liable

Question 24

The purpose of the voir dire process is to provide the attorneys for each party an opportunity to:

Answer 24

Question potential jurors to determine if the juror would be able to decide the case without bias.

Question 25

In which court could a witness be asked to testify during the trial?

Answer 25

Trial Courts only

Question 26

A defendant can sue a plaintiff if the defendant includes in his/ her answer a :

Answer 26

Counterclaim

Question 27

What is least likely to violate the constitution:

Answer 27

A private colleges code of conduct that prohibits it’s students from booing opposing teams during home sporting events

Question 28

Which of the following is true?

Answer 28

A juror in a civil case needs to be at least 51% sure that the defendant is at fault before voting in favor of the plaintiff.

Question 29

Who has burden of proof in a civil case?

Answer 29

plaintiff always has burden of proof

Question 30

Who has priority over all federal and state laws including state constitutions?

Answer 30

The Constitution!

Question 31

Which of the following is true?
Felony jail sentence longer than 1 yr
Juror in crim case must be 100%
Us system is derived from Rome

Answer 31

A jail sentence for a felony crime can be longer than 1 year

Question 32

In 2005, US Sup. Ct decided Roger vs Simmons. A majority if Cy. Judges in that case found it unconstitutional for a state to impose death pen. On a person who was guilty of a serious crime but not 18 yrs old yet. The decision of the Supreme Court was most likely:

Answer 32

5:4

Question 33

Determining whether a witness who is testifying in court is telling the truth is an ex of:

Answer 33

Question of fact to be decided by the jury

Question 34

Case of Victor:(hit Fran’s car) car damages but she was ok.Damages 50k
The title of the case against victor for the charge of reckless driving will be:

Answer 34

The People vs. Victor Jones

Question 35

Case of Victor:(hit Fran’s car) car damages but she was ok.Damages 50k
B4 criminal case ended, Fran sued for damages suffered. If victor found “not guilty” of reckless driving, the civil case brought by Fran will:

Answer 35

Continue because the civil case has a lesser burden of proof than the criminal case

Question 36

Case of Victor:(hit Fran’s car) car damages but she was ok.Damages 50k
If victor lived in NYS and Fran in Vermont, Fran’s civil case against Vic would:

Answer 36

Qualify for federal court jurisdiction based on diversity of citizenship