Street Law Chapter 5 Court System
Questions and Answers
- 1.
During a criminal or civil trial there are two sides called ____________________.
- A.
Contest
- B.
Sides
- C.
Parties
- D.
Participants
Correct Answer
C. PartiesExplanation
During a criminal or civil trial, the two sides involved are referred to as "parties". This term is commonly used to describe the individuals or groups who are directly involved in the legal dispute and have opposing interests or positions. The term "contest" does not accurately describe the two sides in a trial, as it implies a competition rather than a legal dispute. "Sides" and "participants" are also not commonly used terms in this context. Therefore, "parties" is the correct answer to describe the two opposing sides in a trial.Rate this question:
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- 2.
This __________________________ trial system is a contest between opposing sides. (Plaintiff vs. Defendant or Government vs. Defendant).
- A.
Criminal justice system
- B.
Inquisitional system
- C.
Adversarial system
- D.
Plaintiff system
Correct Answer
C. Adversarial systemExplanation
The adversarial system is a trial system where two opposing sides, such as the plaintiff and defendant or government and defendant, present their arguments and evidence to a neutral judge or jury. This system emphasizes the pursuit of truth through the clash of opposing viewpoints and relies on each side advocating for their own interests. It allows for a fair and balanced presentation of evidence and arguments, ensuring that both sides have the opportunity to be heard and evaluated.Rate this question:
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- 3.
Jason was granted a trial by jury for a murder case, because of the _______________ amendment.
- A.
Fourth
- B.
Fifth
- C.
Seventh
- D.
Sixth
Correct Answer
D. SixthExplanation
Jason was granted a trial by jury for a murder case because of the sixth amendment. The sixth amendment guarantees the right to a fair and speedy trial, as well as the right to a jury. This amendment ensures that individuals accused of a crime have the opportunity to present their case before a jury of their peers, allowing for a more impartial and just decision-making process.Rate this question:
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- 4.
The ______________________ may choose whether there will be a jury during a criminal case.
- A.
Defendant
- B.
Plaintiff
- C.
Judge
- D.
Prosecutor
Correct Answer
A. DefendantExplanation
In a criminal case, the defendant is the person who is accused of committing a crime. They have the right to choose whether there will be a jury or not during their trial. This decision is typically made in consultation with their legal counsel. The defendant may opt for a jury trial if they believe it will increase their chances of receiving a fair verdict or they may choose to have their case heard by a judge alone. Ultimately, the decision lies with the defendant.Rate this question:
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- 5.
The Pennsylvania appeals court overturned a law requiring all persons to wear helmet safety gear when riding a bicycle. This set a ________________________ for all future cases.
- A.
Reason
- B.
Precedent
- C.
Error of law
- D.
Voir dire
Correct Answer
B. PrecedentExplanation
The Pennsylvania appeals court's decision to overturn a law requiring helmet safety gear when riding a bicycle establishes a precedent for all future cases. This means that the court's ruling will serve as a guiding principle or example for similar cases in the future. Other courts will look to this decision as a reference point when making their own judgments on similar matters.Rate this question:
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- 6.
In a _______________ examination opposing lawyers question each perspective juror to discover prejudices or preconceived opinions concerning the case.
- A.
Voir dire
- B.
Concurring opinion
- C.
Precedent
- D.
Excusable
Correct Answer
A. Voir direExplanation
In a voir dire examination, opposing lawyers question each perspective juror to discover prejudices or preconceived opinions concerning the case. This process helps ensure that a fair and impartial jury is selected for the trial.Rate this question:
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- 7.
The highest court in the land is the _______________________.
- A.
High Court
- B.
Superior Court
- C.
Great Court
- D.
Supreme Court
Correct Answer
D. Supreme CourtExplanation
The highest court in the land is referred to as the Supreme Court. This court holds the highest authority and has the final say in legal matters. It is responsible for interpreting and applying the law, ensuring that justice is served at the highest level. The Supreme Court's decisions are binding and have a significant impact on the legal system of the country.Rate this question:
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- 8.
Supreme Court Justice Oweto disagreed with the decision regarding abortion so he wrote a ____________________.
- A.
Concurring opinion
- B.
Dissenting opinion
- C.
Nasty gram
- D.
Review letter
Correct Answer
B. Dissenting opinionExplanation
Justice Oweto disagreed with the decision regarding abortion, therefore he wrote a dissenting opinion. A dissenting opinion is a written statement by a judge or justice who disagrees with the majority opinion reached by the court. It allows the dissenting judge to express their disagreement and provide their own reasoning for their position. In this case, Justice Oweto used a dissenting opinion to express his disagreement with the decision regarding abortion.Rate this question:
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- 9.
Every lawyer is allowed _______________________ which allows jurors to be removed without cause.
- A.
Peremptory challenges
- B.
Lawyer throws
- C.
Permissable challenges
- D.
Adversarial challenges
Correct Answer
A. Peremptory challengesExplanation
Peremptory challenges refer to the right of a lawyer to remove potential jurors from a trial without providing a specific reason. This allows lawyers to exercise some control over the composition of the jury and ensure a fair trial. The term "peremptory" implies that these challenges can be made without cause or justification. Therefore, the correct answer is peremptory challenges.Rate this question:
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- 10.
The state of Oregon sues the state of California for dumping waste in a river that travels through both states. This would be considered a ______________________ matter.
- A.
Local
- B.
State
- C.
United States
- D.
Federal
Correct Answer
D. FederalExplanation
The correct answer is federal because the issue involves two states, Oregon and California, and a river that travels through both states. Since it crosses state boundaries, it falls under the jurisdiction of the federal government rather than being a local or state matter.Rate this question:
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- 11.
Jason sued his former girlfriend for using his credit card without his permission to buy clothes from the Gap. Jason would be considered the _____________________ in small claims court.
- A.
Prosecutor
- B.
Plaintiff
- C.
Defendant
- D.
Coworker
Correct Answer
B. PlaintiffExplanation
In this scenario, Jason is the one who filed the lawsuit against his former girlfriend for unauthorized use of his credit card. Therefore, he would be considered the plaintiff in small claims court. The plaintiff is the party who initiates a legal action by bringing a complaint against another party, seeking a legal remedy or compensation for a perceived wrong.Rate this question:
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- 12.
Justice Granola was nominated by the _________________ and confirmed by the ____________________ for the Supreme Court.
- A.
Governor, Senate
- B.
Speaker of the House, Congress
- C.
President, Senate
- D.
President, House of Representatives
Correct Answer
C. President, SenateExplanation
The President of the United States is responsible for nominating justices to the Supreme Court. Once nominated, the nominee must be confirmed by the Senate. Therefore, Justice Granola was nominated by the President and confirmed by the Senate for the Supreme Court.Rate this question:
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- 13.
In a criminal trial the government serves as this ______________________.
- A.
Prosecutor
- B.
Party
- C.
Defendant
- D.
Plaintiff
Correct Answer
A. ProsecutorExplanation
In a criminal trial, the government serves as the prosecutor. The prosecutor is responsible for presenting the case against the defendant on behalf of the government. They gather evidence, question witnesses, and argue for the guilt of the defendant. The prosecutor's role is to seek justice and ensure that the accused is held accountable for their alleged crimes.Rate this question:
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- 14.
Chief Tecumseh decided that all Native Americans on the reservation must wear their religious headgear during tribal ceremonies. This authority is granted to him by __________________.
- A.
Being chief
- B.
Federal government
- C.
Indian powers
- D.
Inherent powers
Correct Answer
D. Inherent powersExplanation
Chief Tecumseh's authority to require Native Americans on the reservation to wear their religious headgear during tribal ceremonies comes from his inherent powers. Inherent powers refer to the powers that are naturally possessed by a chief or leader of a group or organization. These powers are not explicitly granted by any external entity, such as the federal government or Indian powers, but are derived from the position of leadership itself. Therefore, Chief Tecumseh's authority in this matter is derived from his inherent powers as the chief of the tribe.Rate this question:
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- 15.
Judge Williams made a judicial mistake or _______________________________.
- A.
Error of law
- B.
Concurring opinion
- C.
Unlawful error
- D.
Precedent
Correct Answer
A. Error of lawExplanation
The given correct answer is "error of law." This suggests that the alternative to Judge Williams making a judicial mistake is that he made an error of law. This implies that Judge Williams may have misinterpreted or misapplied the law in his decision, resulting in an incorrect legal judgment.Rate this question:
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- 16.
The four different types of state trial courts are superior, county, districts, and municipal.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The statement is true because the four different types of state trial courts are indeed superior, county, district, and municipal. These courts have different jurisdictions and handle different types of cases. Superior courts have general jurisdiction and handle major criminal and civil cases, while county and district courts have limited jurisdiction and handle less serious cases. Municipal courts handle cases related to city ordinances and traffic violations. Therefore, the statement accurately describes the different types of state trial courts.Rate this question:
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- 17.
The party bringing the legal action (suing) in a civil trial is called the defentant
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The given statement is incorrect. The party bringing the legal action (suing) in a civil trial is called the plaintiff, not the defendant. The defendant is the party being sued or accused in a civil trial.Rate this question:
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- 18.
The two sides to every trial are called the parties
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The statement is true because in a trial, there are typically two main parties involved: the plaintiff and the defendant. The plaintiff is the party that initiates the lawsuit, while the defendant is the party being sued. These two parties present their arguments and evidence in front of a judge or jury to determine the outcome of the trial. Therefore, it can be said that the two sides to every trial are called the parties.Rate this question:
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- 19.
The eighth amendment guarantees the right to trial by jury in civil cases in federal courts.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The eighth amendment of the United States Constitution actually pertains to the prohibition of cruel and unusual punishment, rather than the right to trial by jury in civil cases. Therefore, the statement that the eighth amendment guarantees the right to trial by jury in civil cases in federal courts is false.Rate this question:
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- 20.
The party responding to the plaintiff or prosecution is called the acquitted.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The party responding to the plaintiff or prosecution is not called the acquitted. The term "acquitted" refers to a person who has been found not guilty of a crime. In a legal case, the party responding to the plaintiff or prosecution is typically referred to as the defendant. Therefore, the correct answer is False.Rate this question:
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- 21.
The three types of court systems in the United States are state, county, and federal.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The given statement is false because the three types of court systems in the United States are actually state, federal, and municipal, rather than county. State courts handle cases involving state laws, federal courts handle cases involving federal laws, and municipal courts handle cases involving local ordinances and infractions. County courts, on the other hand, are usually a part of the state court system and handle cases within a specific county.Rate this question:
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- 22.
In the inquisitional trial system the judge plays an active role in questioning witnesses and controlling court processes. This is often used in Europe.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
In the inquisitional trial system, the judge takes on an active role by questioning witnesses and controlling court processes. This system is commonly used in Europe.Rate this question:
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- 23.
The Supreme Court consists of eight justices.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is incorrect. The Supreme Court consists of nine justices, not eight. The number of justices on the Supreme Court is determined by Congress and has varied throughout history, but it has been set at nine since 1869.Rate this question:
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- 24.
In a non-jury trial the judge presides (decides guilt or innocence) over the trial and has the duty of protecting the rights of those involved.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
In a non-jury trial, the judge presides over the trial and has the responsibility of deciding the guilt or innocence of the accused. Additionally, the judge is tasked with protecting the rights of all individuals involved in the trial. This means that the judge ensures that proper legal procedures are followed, that evidence is presented fairly, and that the accused receives a fair trial. The judge acts as an impartial arbiter, making decisions based on the law and ensuring that justice is served.Rate this question:
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- 25.
In a jury-trial the judge determines the facts of the case and renders a judgement (guilty or innocent)
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
In a jury trial, the judge does not determine the facts of the case. It is the role of the jury to determine the facts based on the evidence presented. The judge's role is to ensure that the trial is conducted fairly, interpret the law, and provide instructions to the jury on how to apply the law to the facts. The judge then renders a judgement based on the jury's verdict. Therefore, the statement that the judge determines the facts of the case is false.Rate this question:
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- 26.
This court hears cases involving violations of law for which violators go to jail.
- A.
Traffic
- B.
Family
- C.
Criminal
- D.
Probate
Correct Answer
C. CriminalExplanation
This court hears cases involving violations of law for which violators go to jail. Criminal courts are responsible for handling cases related to criminal activities, such as theft, assault, murder, etc., where the offenders can be sentenced to imprisonment. Traffic courts deal with traffic violations, family courts handle matters related to family disputes, and probate courts deal with issues related to wills and estates. However, only criminal courts specifically handle cases that can result in jail time for the violators.Rate this question:
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- 27.
This court handles cases involving wills and claims against the estates of persons who die without a will.
- A.
Probate
- B.
Family
- C.
Small claims
- D.
Criminal
Correct Answer
A. ProbateExplanation
The correct answer is probate. Probate courts are responsible for handling cases related to wills and claims against the estates of individuals who pass away without a will. These courts oversee the distribution of assets, payment of debts, and resolution of any disputes that may arise during the probate process.Rate this question:
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- 28.
This court hears actions involving violations committed by persons driving motor vehicles.
- A.
Small claims
- B.
Criminal
- C.
Traffic
- D.
Probate
Correct Answer
C. TrafficExplanation
This court hears actions involving violations committed by persons driving motor vehicles. This suggests that the court deals specifically with cases related to traffic violations, such as speeding, reckless driving, or driving under the influence. It is responsible for enforcing traffic laws and ensuring that those who violate them are held accountable for their actions.Rate this question:
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- 29.
This court hears actions involving diviorce, separation, and child custody.
- A.
Small claims
- B.
Family
- C.
Probate
- D.
Criminal
Correct Answer
B. FamilyExplanation
This court is specifically designated to handle legal matters related to family issues such as divorce, separation, and child custody. It is responsible for resolving disputes and making decisions regarding these matters. The other options, small claims, probate, and criminal, do not pertain to family matters and are unrelated to divorce, separation, or child custody cases.Rate this question:
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- 30.
This court handles cases involving small amounts of money.
- A.
Criminal
- B.
Traffic
- C.
Small claims
- D.
Probate
Correct Answer
C. Small claimsExplanation
This court handles cases involving small amounts of money. Small claims courts are specifically designed to handle disputes where the amount of money at stake is relatively low. These courts provide a simplified and informal process for individuals to resolve their legal disputes without the need for expensive legal representation or lengthy court proceedings. By specializing in small claims, this court ensures that individuals have access to a fair and efficient system for resolving their minor financial disputes.Rate this question:
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- 31.
The _______________ is when the prosecutor has the right to make additional closing arguments that respond to the points made by the defense.
- A.
Rebuttal argument
- B.
Jury instructions
- C.
Motions
- D.
Verdict
Correct Answer
A. Rebuttal argumentExplanation
In a trial, the rebuttal argument is when the prosecutor has the right to make additional closing arguments that respond to the points made by the defense. This allows the prosecutor to address any new issues or evidence raised by the defense during their closing argument. The purpose of the rebuttal argument is to counter the defense's arguments and strengthen the prosecution's case before the jury reaches a verdict. It provides the prosecutor with an opportunity to have the last word and leave a lasting impression on the jury.Rate this question:
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- 32.
The __________________ is when the judge informs the jury as to the law that applies in the case.
- A.
Cross-examination by defense
- B.
Verdict
- C.
Jury instructions
- D.
Opening statement by defense
Correct Answer
C. Jury instructionsExplanation
Jury instructions refer to the process where the judge informs the jury about the applicable law in a case. This is done to guide the jury in their decision-making process and ensure that they understand the legal principles that should be applied. During jury instructions, the judge explains the elements of the charges, the burden of proof, and any legal standards that the jury should consider. It is an essential step in the trial process to ensure that the jury makes an informed and lawful decision.Rate this question:
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- 33.
_______________________________ is when the defendant's attorney explains evidence to be presented to disprove allegation made by the plaintiff or prosecutor.
- A.
Opening statement by defense
- B.
Direct examination by Plaintiff or Prosecuor
- C.
Cross-examination by defense
- D.
Rebuttal argument
Correct Answer
A. Opening statement by defenseExplanation
The correct answer is opening statement by defense. During the opening statement, the defendant's attorney has the opportunity to present evidence and explain how it will disprove the allegations made by the plaintiff or prosecutor. This is the first opportunity for the defense to outline their case and provide a preview of the evidence that will be presented. It is an important stage in the trial where the defense can set the tone and establish their position.Rate this question:
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- 34.
During the __________________ phase the judge can end the case.
- A.
Rebuttal arguments
- B.
Closing statement by Plaintiff
- C.
Jury instructions
- D.
Motions
Correct Answer
D. MotionsExplanation
During the motions phase, the judge can end the case. This is because motions are legal requests made by either party in a case, asking the judge to make a decision on a specific matter. If the judge grants a motion to dismiss, for example, it means that the case will be ended and will not proceed to trial. Therefore, the motions phase is the stage where the judge has the power to bring the case to a close.Rate this question:
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- 35.
Upon completion of the ______________ phase, if a unanimous decision is not reached, it is a hung jury.
- A.
Motions
- B.
Verdict
- C.
Closing statement by Defense
- D.
Cross-examination by Plaintiff
Correct Answer
B. VerdictExplanation
The completion of the verdict phase is crucial in determining the outcome of a trial. A hung jury occurs when the jurors are unable to reach a unanimous decision. This means that there is no agreement among the jurors on the guilt or innocence of the defendant. Therefore, if a unanimous decision is not reached during the verdict phase, it is considered a hung jury.Rate this question:
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Mar 22, 2023Quiz Edited by
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Feb 11, 2011Quiz Created by
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