Deck 10: Law and Due Process

Question 1

Under Texas law,an individual can lose the title to a homestead for all of the following reasons except

A)delinquency on home equity loans.
B)failure to satisfy tax liens.
C)delinquency on home improvement loans.
D)nonpayment of child support.

Answer 1

D

Question 2

Texas law protects the property rights of owners to do the following except

A)inherit it.
B)lease it.
C)sell It.
D)misuse it.

Answer 2

D

Question 3

The means to redress an injury,including relief from ongoing injury or compensation for past damages is known as

A)remedy.
B)plaintiff.
C)punishment.
D)stare decisis.

Answer 3

A

Question 4

What is the name of the new law that says if either party refuses an out-of-court settlement and if the jury awards damages significantly different from the settlement offer,the loser must pay all of the winner's legal expenses in the case?

A)Loser pays system
B)Tort reform
C)Punitive damages
D)Slander

Question 5

Civil law deals with all of the following except

A)private rights.
B)individual rights.
C)public morality.
D)private obligations and responsibilities.

Question 6

Civil law in the states today is based in large part on centuries-old English

A)statutory law.
B)constitutional law.
C)common law.
D)federalist papers.

Question 7

A court order to compel or restrain a particular action is called

A)right-to-work law.
B)stare decisis.
C)writ of injunction.
D)restraining order.

Question 8

In a civil case,the individual filing the case is referred to as the

A)prosecutor.
B)plaintiff.
C)defendant.
D)respondent.

Question 9

Efforts to limit liability in civil cases is called

A)punitive damages.
B)tort reform.
C)limited liability.
D)lawsuit.

Question 10

As a community property state,Texas requires all of the following except

A)that a couple divide property acquired during marriage.
B)that a spouse is not usually responsible for the other's support after divorce.
C)that children have a right to be supported by their parents even if the parents are divorced.
D)alimony must be paid after five years of marriage.

Question 11

Civil law protects individuals from all of the following except

A)slander.
B)libel.
C)assault.
D)negligence.

Question 12

The procedure used to prove the validity of a will is

A)intestate.
B)probate.
C)certiorari.
D)bill of attainder.

Question 13

Which law has been passed by the legislature and is written in codebooks?

A)Administrative
B)Fundamental
C)Common
D)Statutory

Question 14

Laws that prohibit union shop agreements requiring new employees to join a union are called

A)pen shop.
B)free access.
C)right-to-work laws.
D)closed shop.

Question 15

If an individual dies without leaving a will and there are no living relatives,then his or her property passes to

A)charity.
B)the state.
C)friends and neighbors.
D)probate.

Question 16

The legislature has passed laws involving all of the following except

A)reducing frivolous lawsuits.
B)restricting lawsuits by prison inmates.
C)capping jury awards of punitive damages.
D)reforming automobile insurance lawsuits.

Question 17

In order for a corporation to secure permission to conduct legitimate business,it must receive a charter from which state official?

A)Governor
B)Secretary of state
C)Lieutenant governor
D)Attorney general

Question 18

Civil law holds that when a new corporation is chartered __________ and the new corporation is one that can sue,be sued,or be fined for criminal activity.

A)a new legal person is created
B)the secretary of state endorses it
C)a writ of injunction is issued
D)the antitrust law ensues

Question 19

Who is responsible for bringing civil suits to seek writs of injunction to end violations of the Texas antitrust and consumer protection laws?

A)Lieutenant governor
B)Attorney general
C)Land commissioner
D)Secretary of state

Question 20

All of the following groups have advocated for tort reform except

A)businesses.
B)insurance companies.
C)plaintiffs' lawyers.
D)health professionals.

Question 21

Criminal law is concerned with

A)public morality.
B)legal precedents.
C)common law.
D)Stare decisis.

Question 22

Citizens generally obey law for which of the following reason?

A)Because it is the law
B)Fear of punishment
C)It reflects their values
D)All of these choices are true.

Question 23

What legal procedure guarantees fairness before the government may deprive a person of life,liberty,or property?

A)Due process
B)Probable cause
C)Compulsory process
D)Exclusionary rule

Question 24

Which of the following is not true about juvenile crime in Texas?

A)The young are major perpetrators of crime.
B)Texas juvenile facilities not only fail to correct but also serve as breeding grounds for adult crime.
C)Many young perpetrators later graduate into more serious crime.
D)Juvenile courts in Texas provide unlimited social services for delinquents.

Question 25

In Texas,all of following crimes are felonies except

A)livestock rustling.
B)engaging in sexual acts with a person under the age of 17.
C)second-degree murder.
D)stalking.

Question 26

Probable cause in Texas is usually determined by which of the following?

A)Justices of the peace
B)Constitutional county judges
C)County judges-at-law
D)Supreme Court justices

Question 27

Which of the following has been defined by the U.S.Supreme Court as a legal exception to the exclusionary rule?

A)Evidence may be admitted when law enforcement agents acted on a search warrant they believed valid when it was not.
B)If agents would have otherwise discovered the evidence during a routine legal investigation.
C)If the otherwise illegal evidence is seized for tax purposes rather than a trial.
D)All of these choices are true.

Question 28

The following crimes are considered white-collar crimes except

A)bribery.
B)tax fraud.
C)theft of money greater than $1,500.
D)prostitution. 

Question 29

Which of the following statements about persons who typically commit serious crimes is incorrect?

A)They are unwilling to accept the mores of the people who write the law.
B)They have a strong sense of responsibility.
C)They are disproportionately young,poor,and members of racial or ethnic minority groups.
D)Many have acute emotional and social problems.

Question 30

Which of the following is more likely to be a victim of a crime?

A)Young people
B)African Americans
C)Individuals living in metropolitan areas
D)All of these choices are true.

Question 31

Which of the following is not an example of a victimless crime?

A)Prostitution
B)Gambling
C)Drug possession
D)Driving while intoxicated

Question 32

Which of the following statements about crime in Texas is correct?

A)Crime is more likely in large metropolitan areas.
B)Minority-group members are arrested disproportionately for crime.
C)The poor,regardless of racial or ethnic background,are more likely to commit violent crimes than members of the middle and upper classes.
D)All of these choices are true.

Question 33

Which of the following statement about gender and crime is correct?

A)Far more women than men are arrested for crimes.
B)Far more men than women are arrested for crimes.
C)In Texas,the arrest rate for men and women is about the same.
D)None of these choices is true.

Question 34

Which case made the exclusionary rule applicable to the states?

A)Miranda v.Arizona
B)Gideon v.Wainwright
C)Weeks v.United States
D)Mapp v.Ohio

Question 35

Which is used as the barometer for the crime rate?

A)The U.S.crime report
B)Murdock data
C)The CIA crime report
D)FBI index crimes

Question 36

Which court case did the U.S.Supreme Court approve seizing private residences to make way for a resort hotel,office buildings,and posh apartments? This court case caused Texas to join several other states in limiting government's power of eminent domain.

A)Eminent Domain v.Kelo
B)Kelo v.City of New London Connecticut
C)Kelo v.City of New Jersey
D)Kelo v.Rick Perry,et Al.

Question 37

What kind of insurance plan allows the insured person to collect from the individual's own insurance company regardless of who is at fault in a vehicular accident?

A)Liability insurance
B)Punitive damages
C)No-fault insurance
D)Libel

Question 38

One area of tort reform that the Texas legislature has not seriously considered is

A)home insurance.
B)automobile insurance.
C)personal injury insurance.
D)health insurance.

Question 39

Which U.S.constitutional amendment prohibits "unreasonable" searches?

A)Fourth Amendment
B)Fourteenth Amendment
C)Twenty-fourth Amendment
D)Second Amendment

Question 40

The exclusionary rule prevents which of the following?

A)Double jeopardy in criminal cases
B)Using illegally obtained evidence against the accused
C)A violation of due process of law
D)A trial without a jury

Question 41

A court order requiring that the prisoner be presented in person and legal cause shown for imprisonment is called which of the following?

A)Writ of certiorari
B)Writ of mandamus
C)Writ of error
D)writ of habeas corpus

Question 42

Arrest warrants are issued for all of the following except when

A)presented with probable cause that the person has committed a crime.
B)a prosecutor files for a writ of information.
C)a grand jury issues an indictment.
D)an individual looks suspicious.

Question 43

Which of the following is not a type of clemency in Texas?

A)Pardon
B)Commutation of sentence
C)Reprieve
D)Parole

Question 44

Which of the following allows many inmates to serve the remainder of their sentences under supervision in the community?

A)Personal recognizance
B)Deferred adjudication
C)Parole
D)Clemency

Question 45

Children as young as __________ who are arrested for serious crimes may be certified to stand trial as adults.

A)14
B)15
C)10
D)9

Question 46

Explain right-to-work,closed shop,and union shop laws in Texas.What are the positive and negative outcomes of these Texas labor laws?

Question 47

Discuss the relationship between race,gender,and crime.Offer specific examples.​

Question 48

When a defendant in a criminal cases requests that the location of the trial be changed,this is called a/an

A)change of venue.
B)change of parties.
C)docket.
D)arraignment.

Question 49

Which of the following is not a stated purpose of Texas jails and penitentiaries?

A)Punishment
B)Recidivism
C)Deterrence
D)Isolation

Question 50

Texas executes more convicted capital felony inmates because

A)Texas juries are more likely to impose the death penalty in murder cases than juries in other states.
B)it is a very strong deterrent to murder.
C)Texas follows through to execute a larger share of its death row prisoners.
D)Texas has a large population.

Question 51

A prisoner's initial appearance before a magistrate is called

A)arraignment.
B)bail.
C)arrest.
D)bond.

Question 52

Which of the following is not an explanation given by prosecutors for agreeing to plea bargains?

A)Criminal are still punished to the full measure of their crime.
B)Dockets are overcrowded.
C)It saves taxpayers money.
D)In doing so,evidence is gathered about fellow criminals.

Question 53

What is tort? What are the drawbacks and benefits to tort reform?​

Question 54

The right to a grand jury indictment is guaranteed in which document?

A)The Texas Constitution
B)The U.S.Constitution
C)Both the U.S.Constitution and the Texas Constitution
D)Texas penal code only

Question 55

The assigned counsel system in Texas has been criticized for ​

A)​cronyism when judges assigned campaign contributors to the cases of poor defendants.
B)​privileging the poor and minorities.
C)​causing back logs in the case load of municipal courts.
D)​none of these choices is true.

Question 56

Which of the following statements about bail is incorrect?

A)The Texas Constitution guarantees the right to bail immediately after arrest.
B)Texas does not recognize personal recognizance bonds.
C)Bail can be denied where proof is evident in capital cases.
D)Bail can be denied if the defendant is charged with committing a felony while released on bail.

Question 57

Overly aggressive police officers extracting confessions from an individual is a violation of which constitutional amendment?

A)Fourth Amendment
B)Fifth Amendment
C)Sixth Amendment
D)Eighth Amendment

Question 58

According to the U.S.Supreme Court,which of the following is not a legal exception to the Miranda Rule?

A)When a confession given without the Miranda warning leads to witnesses,their testimony may be used.
B)Police may ad lib the Miranda warning without using the precise language in the 1966 decision.
C)When the public safety is endangered,Miranda warnings are unnecessary.
D)A confession made without Miranda warnings may not be used as evidence of perjury if later statements by the accused contradict it.

Question 59

The initial questioning of jurors to determine possible biases is called what?

A)Voir dire
B)Challenging
C)Preemptory challenging
D)Writs

Question 60

Which statement is incorrect about the adversary system?

A)Each side can challenge the material evidence.
B)It is not a violation of due process for the government to withhold evidence.
C)Each side can cross-examine witnesses.
D)The prosecutor has the legal responsibility to prove guilt beyond a reasonable doubt.

Question 61

Should there be a separate judicial system for juvenile offenders? Why or why not? ​

Question 62

Describe how a poor defendant's right to counsel works in the state of Texas.What are the potential drawbacks to the current system?​

Question 63

Describe the relationship between income,education,and crime.Offer specific examples.​

Question 64

Should juvenile offenders be tried as adults? If so,why and under what circumstances? If not,why not?​

Question 65

Discuss the relationship between the severity of punishment,the certainty of punishment,and deterrence.Give specific examples.​

Question 66

What is recidivism and how does the current system in Texas attempt to address it? Are these efforts successful or unsuccessful? 

Question 67

Detail the rights of a defendant in a criminal case from arrest to trial.Which right is most important for the protection of innocent defendants and why?​