FINAL EXAM

Question 1

Statutes are laws passed by legislatures T/F

Answer 1

TRUE

Question 2

Common Law is the Supreme Law of the Land T/F

Answer 2

FALSE

Question 3

The sentencing structure used in North Carolina is known as Fair Sentencing
T/F

Answer 3

FALSE

Question 4

A bench trial occurs when a jury finds the facts and a judge sentences if there is a conviction T/F

Answer 4

FALSE

Question 5

Reasonable suspicion is required for an arrest warrant to be allowed to be sworn out on a defendant / suspect
T/F

Answer 5

FALSE

Question 6

District and Superior Courts are the trial courts in North Carolina T/F

Answer 6

TRUE

Question 7

The N. C. Supreme Court is the highest court in the country T/F

Answer 7

FALSE

Question 8

In North Carolina felony cases begin in Superior Court T/F

Answer 8

TRUE

Question 9

If a prosecutor and a defendant / defense attorney agree to a plea bargain a judge must accept the plea bargain when presented in court T/F

Answer 9

FALSE

Question 10

Prosecutors in North Carolina are appointed by the governor T/F

Answer 10

FALSE

Question 11

Defendants who choose to represent themselves in a court case represent themselves pro se T/F

Answer 11

TRUE

Question 12

A Court Reporter is responsible for keeping up with the criminal case files and dispositions T/F

Answer 12

FALSE

Question 13

Judges are elected in North Carolina T/F

Answer 13

TRUE

Question 14

It is improper for members of the court room work group to associate with each other outside of the court house setting T/F

Answer 14

FALSE

Question 15

An indictment by a grand jury is necessary for a felony to be tried in Superior Court T/F

Answer 15

TRUE

Question 16

If a defendant requests a court appointed lawyer then the judge MUST appoint a lawyer for them regardless of their financial circumstance T/F

Answer 16

FALSE

Question 17

The operation of two separate and distinct court systems in the United States is referred to as:

Answer 17

a dual court system

Question 18

A ________________ listens to a case and decides the facts at trial and delivers a verdict: (12 people)

Answer 18

Petite Jury

Question 19

What court do all criminal cases originate in North Carolina

Answer 19

District Court

Question 20

What court is the primary trial court at the federal level?

Answer 20

U.S. District Court

Question 21

Which court is NOT an appellate court?

Answer 21

Superior Court

Question 22

The burden of proof required for a victory in a criminal is:

Answer 22

Beyond a reasonable doubt

Question 23

__________________________ best describes the mechanism an attorney general or prosecutor may use to circumvent enforcing laws passed by the legislature:

Answer 23

Discretion

Question 24

Which of the following is a type of court appointed attorney.

Answer 24

Public Defender

Question 25

In which case did the U.S. Supreme Court hold that indigent defendants charged with a felony are entitled to the services of a lawyer paid for by the government:

Answer 25

Gideon V. Wainwright

Question 26

Which amendment provides citizens the right to counsel:

Answer 26

6

Question 27

When a Grand Jury returns an indictment it returns________________________.

Answer 27

True Bill

Question 28

Juvenile Court and Superior Court are courts of ____________________________.

Answer 28

Record

Question 29

All except the following are examples of court personnel.

Answer 29

Witness

Question 30

Which of the following is a necessity to deal with a backlog of criminal cases?

Answer 30

Plea Bargain

Question 31

This court room actor determines which cases that will be heard on a court calendar

Answer 31

Prosecutor

Question 32

The key goal of the crime control model is:

Answer 32

Repression of criminal conduct

Question 33

This amendment guarantees that citizens are free from unreasonable search and seizure:

Answer 33

4

Question 34

A defendant charged with violation a federal statute will have their case heard in which court:

Answer 34

U.S. District Court

Question 35

Referee in the court room; makes the rules

Answer 35

judge

Question 36

Who represents the defendant

Answer 36

Defense attorney

Question 37

What are the three types of plea bargains

Answer 37

Charge, sentence and count

Question 38

What is the "large poll" called

Answer 38

Jury Vener

Question 39

Determines probable cause for the True Bill

Answer 39

Grand Jury

Question 40

What are the two types of evidence

Answer 40

direct and circumstantial evidence

Question 41

Which evidence is in favor to the defendant

Answer 41

Exculpatory evidence

Question 42

eyewitness testimony is______ evidence

Answer 42

Direct evidence

Question 43

Two amendments that make due process important to True Bill of Indictment

Answer 43

5 and 14

Question 44

Latin word for guilty mind

Answer 44

Mens Rea

Question 45

Latin word for crime/criminal

Answer 45

Actus Reus

Question 46

What is a trial without jury

Answer 46

Bench Trial

Question 47

which amendment provides right to a lawyer

Answer 47

6

Question 48

who represents the state bringing charges

Answer 48

prosecutor

Question 49

who keeps the records in a court room

Answer 49

court clerk

Question 50

who's responsible for recording courts of record

Answer 50

court reporter

Question 51

Term for offer or not to offer

Answer 51

Discretion

Question 52

what are the two trial courts in NC

Answer 52

District and Superior

Question 53

In North Carolina felony cases begin in which court

Answer 53

Superior

Question 54

In NC misdemeanor cases begin in which court

Answer 54

District

Question 55

what are the two Appeal courts

Answer 55

Appellate and Supreme Court

Question 56

what is the highest court in NC

Answer 56

Supreme Court

Question 57

what is the trial court at a federal level

Answer 57

federal district court

Question 58

how many justices are in a Supreme Court

Answer 58

9

Question 59

Who has to approve 60 votes

Answer 59

Senate

Question 60

Right to________once indictment is returned

Answer 60

Discovery

Question 61

No contest and________plea is the right to enter

Answer 61

Alford

Question 62

Does jury is made up by who

Answer 62

Citizens

Question 63

Does burden of proof have to prove innocent?

Answer 63

Yes, never goes to defendant

Question 64

The supreme law of land is made up by the

Answer 64

Constitution

Question 65

What is the most common law

Answer 65

Statutes

Question 66

Law that's been around for years over in Europe

Answer 66

Common law

Question 67

Judge made law; latin word for case president

Answer 67

Stare Decisis

Question 68

which court determines facts presented by evidence guilty or not guilty

Answer 68

Trial court

Question 69

Which rights are warnings before arrested

Answer 69

Miranda rights

Question 70

What are the two courts of records in NC

Answer 70

Superior and juvenile

Question 71

who Signs search or arrest warrants

Answer 71

Magister or judge

Question 72

Does the judge have to accept a plea

Answer 72

NO

Question 73

Money paid to guarantee appearance in court

Answer 73

Bond

Question 74

How many jurors sit in a criminal case in NC

Answer 74

12

Question 75

First court appearance is at which court

Answer 75

District court

Question 76

who signs off a search warrant

Answer 76

judge

Question 77

What is the evidence from illegal search

Answer 77

Fruit of the poisons tree

Question 78

Judges in NC are elected or appointed

Answer 78

Elected

Question 79

Who decides guilty or not guilty in court

Answer 79

Jury

Question 80

what are the four sources of law

Answer 80

constitutions, statutes, regulations and cases

Question 81

Allowing access to a file

Answer 81

Open file discovery

Question 82

defendant can only open through appointment

Answer 82

closed file discovery

Question 83

how long is consecutive sentencing

Answer 83

6-8 months

Question 84

What is the system of guidelines foe behavior

Answer 84

Morality law

Question 85

Application of law, focuses on rights rather than prosecutor

Answer 85

crime control model

Question 86

Veto can be override if it is not dead T/F

Answer 86

TRUE

Question 87

Crime is made up of______

Answer 87

elements

Question 88

safety in the court room is sealed by who

Answer 88

bailiff

Question 89

which federal court has jurisdiction

Answer 89

superior