Question 1

The reporter's transcript is a verbatim record of what was said at the trial court.

Accepted Answer

A) True 
 B)False

Question 2

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. Should Gwen file a Petition for Habeas Corpus?

Accepted Answer

A)   Yes, if the Petition for Habeas Corpus is granted the court will hold  hearing and Gwen will be able to present all her evidence to a new jury.
B)   Yes, if she wins the Petition for Habeas Corpus her conviction will be reversed.
C)   No, she does not qualify for habeas corpus because she is in prison.
D)   No, habeas corpus is used to challenge illegal confinement, not to reverse a conviction.E) B) and C)
F) A) and D)

Question 3

Explain how the role of appellate courts handling discretionary appeals differs from their role handling direct appeals.

Accepted Answer

All states and the federal government ha...

Question 4

Proof beyond a reasonable doubt is required by Due Process in:

Accepted Answer

A)   criminal trials.
B)   civil trials.
C)   both criminal and civil trials.
D)   neither criminal nor civil trials.E) B) and C)
F) C) and D)

Question 5

The geographical jurisdiction of an intermediate level state appellate court is:

Accepted Answer

A)   the geographical area assigned by the legislature.
B)   the entire state.
C)   the geographical area assigned by Congress.
D)   determined by the state governor.E) None of the above
F) A) and D)

Question 6

Marbury v. Madison is important historically because:

Accepted Answer

A)   it was the first case decided by the U.S. Supreme Court.
B)   it is the first case where the U.S. Supreme Court ruled that it has the authority to declare legislation enacted by Congress unconstitutional.
C)   it was the first case to hold that the Executive Branch must obey laws enacted by Congress.
D)   none of theseE) B) and C)
F) A) and D)

Question 7

Explain how habeas corpus proceedings differ from direct appeals.

Accepted Answer

A direct appeal is based on the record o...

Question 8

Explain how geographical jurisdiction and the statute of limitations restrict the power of the trial court in criminal cases.

Accepted Answer

The defense can have charges dismissed i...

Question 9

Newly discovered evidence is not admissible on a direct appeal.

Accepted Answer

A) True 
 B)False

Question 10

A direct appeal of a conviction in a criminal case is restricted to issues that were raised at trial.

Accepted Answer

A) True 
 B)False

Question 11

In a non-jury trial, the prosecutor must establish a prima facie case in order to obtain a conviction.

Accepted Answer

A) True 
 B)False

Question 12

The U.S. Supreme Court will not consider a habeas corpus case filed by a state inmate on a Fourth Amendment issue if a state court has provided a full and fair hearing on the claim.

Accepted Answer

A) True 
 B)False

Question 13

In a criminal case, the judge can set aside the verdict if the jury voted to convict but not if they voted to acquit.

Accepted Answer

A) True 
 B)False

Question 14

A decision of the U.S. Court of Appeals for the Second Circuit about a constitutional issue is binding on:

Accepted Answer

A)   only U.S. District Courts in the Second Circuit.
B)   state and federal trial courts in the Second Circuit.
C)   U. S. District Courts in all circuits.
D)   state and federal trial courts in the entire United States.E) B) and D)
F) A) and D)

Question 15

Frank is a judge in the Los Angeles County Superior Court. He has been a judge for 10 years and has served in both civil and criminal courts. The governor has informed Frank that he is being appointed to the California Court of Appeals. He will be in the Second District which covers Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties. Frank has some questions about his new job. Can the United States Supreme Court reverse his rulings?

Accepted Answer

A)   Yes. The United States Supreme Court automatically grants a Petition for Certiorari for cases tried in state courts that raise constitutional issues.
B)   Maybe. The United States Supreme Court can grant a Petition for Certiorari for any case tried in state courts if 4 justices vote to hear the case.
C)   Maybe. The United States Supreme Court can grant a Petition for Certiorari for criminal cases raising constitutional issues if 4 justices vote to hear the case.
D)   No. The United States Supreme Court never grants a Petition for Certiorari if the case received a complete review by the state appellate courts.E) All of the above
F) A) and C)

Question 16

The U.S. Constitution explicitly gives the U.S. Supreme Court the authority to declare that laws are unconstitutional.

Accepted Answer

A) True 
 B)False

Question 17

Section 1985 (Civil Rights Act) applies to anyone who deprives a person of his/her constitutional rights.

Accepted Answer

A) True 
 B)False

Question 18

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. What would be the advantage of a direct appeal?

Accepted Answer

A)   Gwen will have a constitutional right to have an attorney represent her on appeal because she has no money.
B)   If the Court of Appeals rules in Gwen's favor she will have Double Jeopardy protections from being tried again.
C)   Gwen will be able to present evidence that the judge ruled was inadmissible at her trial.
D)   All of these are possible outcomes of filing a direct appeal.E) B) and C)
F) A) and C)

Question 19

An independent judiciary means:

Accepted Answer

A)   judges are free to decide cases based on their own interpretation of the law.
B)   judges cannot be removed by the president that appointed them.
C)   judges cannot be impeached.
D)   all of theseE) A) and C)
F) All of the above

Question 20

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. Should she file a Civil Rights Act case?

Accepted Answer

A)   No, a judge in a Civil Rights Act case cannot order anyone released from prison.
B)   No, Civil Rights Acts cases can only be filed after a conviction has been reversed by an appellate court.
C)   Yes, if she establish that her constitutional right were violated the federal judge in the Civil Rights Act cases will mandate that her conviction be reversed.
D)   Yes, if she files a Civil Rights Act case in federal court she will be released on bail pending the outcome of the Civil Rights Act case.E) All of the above
F) A) and D)

Exam 2: The Role of the Courts

A decision of the U.S. Court of Appeals for the Second Circuit about a constitutional issue is binding on:

Correct Answer
verified

In a non-jury trial, the prosecutor must establish a prima facie case in order to obtain a conviction.

Correct Answer
verified

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. Should she file a Civil Rights Act case?

Correct Answer
verified

In a criminal case, the judge can set aside the verdict if the jury voted to convict but not if they voted to acquit.

Correct Answer
verified

Proof beyond a reasonable doubt is required by Due Process in:

Correct Answer
verified

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. Should Gwen file a Petition for Habeas Corpus?

Correct Answer
verified

The U.S. Supreme Court will not consider a habeas corpus case filed by a state inmate on a Fourth Amendment issue if a state court has provided a full and fair hearing on the claim.

Correct Answer
verified

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. What would be the advantage of a direct appeal?

Correct Answer
verified

The U.S. Constitution explicitly gives the U.S. Supreme Court the authority to declare that laws are unconstitutional.

Correct Answer
verified

Explain how habeas corpus proceedings differ from direct appeals.

Correct Answer
verified
A direct appeal is based on the record o...
View Answer

The geographical jurisdiction of an intermediate level state appellate court is:

Correct Answer
verified

A direct appeal of a conviction in a criminal case is restricted to issues that were raised at trial.

Correct Answer
verified

Marbury v. Madison is important historically because:

Correct Answer
verified

Explain how the role of appellate courts handling discretionary appeals differs from their role handling direct appeals.

Correct Answer
verified
All states and the federal government ha...
View Answer

Section 1985 (Civil Rights Act) applies to anyone who deprives a person of his/her constitutional rights.

Correct Answer
verified

Explain how geographical jurisdiction and the statute of limitations restrict the power of the trial court in criminal cases.

Correct Answer
verified
The defense can have charges dismissed i...
View Answer

Correct Answer
verified

Newly discovered evidence is not admissible on a direct appeal.

Correct Answer
verified

The reporter's transcript is a verbatim record of what was said at the trial court.

Correct Answer
verified

An independent judiciary means:

Correct Answer
verified

Exam 2: The Role of the Courts

A decision of the U.S. Court of Appeals for the Second Circuit about a constitutional issue is binding on:

Correct AnswerverifiedShow Answer

In a non-jury trial, the prosecutor must establish a prima facie case in order to obtain a conviction.

Correct AnswerverifiedShow Answer

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. Should she file a Civil Rights Act case?

Correct AnswerverifiedShow Answer

In a criminal case, the judge can set aside the verdict if the jury voted to convict but not if they voted to acquit.

Correct AnswerverifiedShow Answer

Proof beyond a reasonable doubt is required by Due Process in:

Correct AnswerverifiedShow Answer

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. Should Gwen file a Petition for Habeas Corpus?

Correct AnswerverifiedShow Answer

The U.S. Supreme Court will not consider a habeas corpus case filed by a state inmate on a Fourth Amendment issue if a state court has provided a full and fair hearing on the claim.

Correct AnswerverifiedShow Answer

Gwen was convicted on embezzlement charges in state court and is serving a sentence in a state prison. She is trying to decide how to get out of prison. What would be the advantage of a direct appeal?

Correct AnswerverifiedShow Answer

The U.S. Constitution explicitly gives the U.S. Supreme Court the authority to declare that laws are unconstitutional.

Correct AnswerverifiedShow Answer

Explain how habeas corpus proceedings differ from direct appeals.

Correct AnswerverifiedA direct appeal is based on the record o...View AnswerShow Answer

The geographical jurisdiction of an intermediate level state appellate court is:

Correct AnswerverifiedShow Answer

A direct appeal of a conviction in a criminal case is restricted to issues that were raised at trial.

Correct AnswerverifiedShow Answer

Marbury v. Madison is important historically because:

Correct AnswerverifiedShow Answer

Explain how the role of appellate courts handling discretionary appeals differs from their role handling direct appeals.

Correct AnswerverifiedAll states and the federal government ha...View AnswerShow Answer

Section 1985 (Civil Rights Act) applies to anyone who deprives a person of his/her constitutional rights.

Correct AnswerverifiedShow Answer

Explain how geographical jurisdiction and the statute of limitations restrict the power of the trial court in criminal cases.

Correct AnswerverifiedThe defense can have charges dismissed i...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Newly discovered evidence is not admissible on a direct appeal.

Correct AnswerverifiedShow Answer

The reporter's transcript is a verbatim record of what was said at the trial court.

Correct AnswerverifiedShow Answer

An independent judiciary means:

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A direct appeal is based on the record o...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
All states and the federal government ha...
View Answer

Correct Answer
verified

Correct Answer
verified
The defense can have charges dismissed i...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified