1.
When people says, “Taking the Fifth”, what do they mean?
Correct Answer
C. The witness does not have to speak in court.
Explanation
When people say "Taking the Fifth," they are referring to the Fifth Amendment of the United States Constitution. This amendment provides individuals with the right to remain silent and not incriminate themselves in a court of law. Therefore, the correct answer is "The witness does not have to speak in court." This phrase is often used when someone refuses to answer questions or provide testimony that may implicate themselves in a crime or wrongdoing.
2.
Was Ernesto Miranda in the Miranda v. Arizona case found guilty or not guilty?
Correct Answer
B. Not guilty
Explanation
In the Miranda v. Arizona case, Ernesto Miranda was found not guilty. This landmark case involved the issue of the Fifth Amendment right against self-incrimination. The Supreme Court ruled that Miranda's confession was inadmissible in court because he had not been informed of his right to remain silent and have an attorney present during police questioning. This decision led to the establishment of the Miranda warning, which requires law enforcement officers to inform individuals of their rights before custodial interrogations.
3.
Why do we have the right to a lawyer?
Correct Answer
D. A homeless man didn’t have lawyer and was found guilty of crime.
Explanation
The correct answer is "A homeless man didn't have a lawyer and was found guilty of a crime." This answer supports the idea that everyone should have the right to a lawyer, as it highlights a specific example of someone who did not have legal representation and suffered negative consequences as a result. This example emphasizes the importance of legal representation in ensuring a fair trial and protecting individuals' rights.
4.
What is NOT requirement for a trial by jury?
Correct Answer
B. The case takes place in a state court.
Explanation
The requirement for a trial by jury is that the case must take place in a federal court, not a state court.
5.
What caused the king and the Parliament to make a new court for the colonists without a jury?
Correct Answer
D. The jury mostly found the colonist innocent of smuggling, even when there was enough evidence that proved otherwise.
Explanation
The correct answer is that the jury mostly found the colonists innocent of smuggling, even when there was enough evidence that proved otherwise. This suggests that the king and the Parliament decided to create a new court without a jury because they felt that the jury system was not effective in convicting smugglers. They believed that the colonists were abusing the power of the jury and getting away with illegal activities.
6.
What does the Sixth Amendment cover?
Correct Answer
D. All of the above
Explanation
The Sixth Amendment covers the right to a speedy trial, which ensures that a defendant is not kept waiting for an extended period before their trial begins. It also covers the right to confront witnesses, allowing the defendant to question and challenge the credibility of those testifying against them. Additionally, it guarantees the right to a lawyer, ensuring that defendants have legal representation to protect their rights and interests throughout the criminal justice process. Therefore, the correct answer is "All of the above."
7.
What kind of case doesn’t apply to the Seventh Amendment?
Correct Answer
B. Criminal cases
Explanation
The Seventh Amendment of the United States Constitution guarantees the right to a jury trial in civil cases, meaning cases that involve disputes between private parties. However, this right does not apply to criminal cases, which involve offenses against the state and are prosecuted by the government. Therefore, the correct answer is "Criminal cases."
8.
What happens when there is “witness tampering”?
Correct Answer
B. There's a retrial with a different jury.
Explanation
When there is "witness tampering," it refers to the act of interfering with or influencing a witness in a legal case. This can involve bribing, threatening, or manipulating the witness to change their testimony or withhold information. In such cases, the integrity of the trial is compromised, and a retrial with a different jury is typically ordered to ensure a fair and impartial process. This allows for a new set of jurors who have not been influenced by the tampering to evaluate the evidence and reach a verdict based on the facts presented.
9.
Double Jeopardy is…
Correct Answer
D. All of the above
Explanation
Double Jeopardy refers to the legal principle that protects individuals from being tried multiple times for the same offense. It ensures that once a person has been acquitted or convicted of a crime, they cannot be tried again for the same offense using the same facts. This principle prevents individuals from being subjected to multiple prosecutions for the same act, safeguarding their rights and preventing potential harassment or abuse by the legal system. Therefore, the correct answer is "All of the above" as it encompasses the different aspects of Double Jeopardy.
10.
What rights of Ernesto Miranda’s in the Miranda v. Arizona case were violated?
Correct Answer
A. Fifth and Sixth Amendments
Explanation
In the Miranda v. Arizona case, the rights of Ernesto Miranda that were violated were the Fifth and Sixth Amendments. The Fifth Amendment protects individuals from self-incrimination and ensures due process of law, while the Sixth Amendment guarantees the right to legal counsel and a fair trial. In this case, Miranda was not informed of his right to remain silent and his right to an attorney, which violated both of these constitutional rights.