Question 1

In this type of plea-bargaining, someone charged with the felony of aggravated assault may plead guilty to a misdemeanor assault charge to avoid not only the felony conviction, but also the increased prison time that would come with the more serious charge.

Accepted Answer

Charge bargaining involves negotiating a plea to a lesser charge than the original, more serious charge, which can lead to reduced penalties for the defendant.

Question 2

In this type of plea-bargaining, someone facing the death penalty for a homicide might plead guilty to murder in exchange for a sentence of 25 years in prison with the possibility of parole thereafter.

Accepted Answer

Sentence bargaining involves the defendant agreeing to plead guilty in exchange for a lighter or more lenient sentence than what might result from a trial verdict. In this scenario, pleading guilty to murder in exchange for a reduced sentence instead of facing the death penalty is an example of sentence bargaining.

Question 3

Whatever form of plea bargaining is used, the plea agreement in any case must be agreed upon by the:

Accepted Answer

Plea bargaining involves negotiations between the defendant, the defendant's attorney, and the prosecutor. For a plea agreement to be valid, all parties involved must agree to the terms. This includes the prosecutor, who represents the state; the defense counsel, who represents the defendant; and the defendant, who must agree to the terms of the plea.

Question 4

This means that the defendant does not have to prove his or her innocence. Rather, the prosecutor bears the burden of proof to overcome or rebut the presumption of innocence by introducing sufficient evidence to prove the defendant guilty beyond a reasonable doubt.

Accepted Answer

The statement describes the "Presumption of innocence," a fundamental principle in criminal law where a defendant is considered innocent until proven guilty.

Question 5

All defendants are presumed to be legally responsible for their actions, unless they are proven not to be, at trial. This is known as:

Accepted Answer

Presumption of sanity means that defendants are considered to be responsible for their actions unless proven otherwise, typically in the context of their mental state during the commission of an alleged crime.

Question 6

Tangible things like clothes, weapons, drugs, documents are what type of evidence?

Accepted Answer

Real or physical evidence refers to tangible objects that are involved in the case or have a direct connection to the incident or parties involved, such as clothes, weapons, drugs, and documents.

Question 7

The responses of sworn witnesses to the questions posed to them by attorneys or the judge are what type of evidence?

Accepted Answer

Testimony is the evidence provided by a witness under oath in a court of law, which includes their responses to questions from attorneys or the judge.

Question 8

The results of scientific or forensic testing on real or physical evidence is what type of evidence?

Accepted Answer

Scientific or forensic testing results are considered scientific evidence because they are derived from the application of scientific methods and principles to analyze real or physical evidence.

Question 9

Maps, photos, diagrams, computer simulations, and other aids designed for use at trial to help demonstrate some fact to the jury are what type of evidence?

Accepted Answer

Demonstrative evidence is used to help illustrate or explain other evidence presented in a trial. It includes maps, photos, diagrams, computer simulations, and similar aids that are designed to help the jury understand the facts of the case more clearly.

Question 10

In an appeal, some minor legal errors were made that were unlikely to have affected the overall outcome of the case. This is called what, and what usually happens?

Accepted Answer

Harmless error refers to minor legal mistakes made during a trial that are deemed not to have affected the outcome. As such, they typically do not lead to the reversal of a conviction.

Question 11

In an appeal, significant mistakes are found to have been made at trial that likely contributed to an unfair verdict. This is called what, and what usually happens?

Accepted Answer

Prejudicial error refers to mistakes made during a trial that are significant enough to have likely affected the outcome, leading to an unfair verdict. When such errors are identified on appeal, they can provide grounds to overturn the conviction, as they suggest the defendant did not receive a fair trial.

Question 12

The Supreme Court does make policy through the power of judicial review. Whether addressing injustices or inequalities, or issuing constitutional rulings, the decisions of the Supreme Court have the potential to shape:

Accepted Answer

The Supreme Court's decisions can influence federal, state, and local laws, criminal justice agency practices, and broader justice system policies through its interpretations of the Constitution and its power of judicial review.

Question 13

This view suggests that legal reasoning is an act of interpretation, involving the evaluation of arguments made by opposing parties.

Accepted Answer

Legal realism emphasizes that the law is not a set of given rules but is instead shaped by social, economic, and psychological factors. It views legal reasoning as an interpretive act, considering the broader context in which laws are applied, rather than strictly adhering to formal rules or precedents.

Question 14

This view suggests that judges apply the relevant law to the relevant facts and arrive at a decision.

Accepted Answer

Legal formalism is the view that judges apply the relevant law to the relevant facts and arrive at a decision, emphasizing the predictability and consistency of legal reasoning and outcomes.

Question 15

This approach advocates that the law should be interpreted (and cases should be decided) in a way that distributes economic costs and benefits to promote economic efficiency and maximize wealth.

Accepted Answer

Law and economics, also known as the economic analysis of law, is the approach that applies economic principles to the analysis of law. It advocates for the interpretation of laws in a manner that promotes economic efficiency and maximizes wealth, focusing on the outcomes of legal decisions as they relate to economic costs and benefits.

Question 16

In this approach, fairness for all, especially for those least able to protect their own rights and interests, is the guiding principle judges use when deciding cases under this approach.

Accepted Answer

The Jurisprudence of rights focuses on ensuring fairness and protecting the rights of those who are least able to do so themselves, guiding judges in their decision-making process to prioritize equity and justice for all individuals, especially the vulnerable.

Question 17

Based in neo-Marxist notions of power, this began in the late 1970s and gained influence since then. It argues that law is politics.

Accepted Answer

Critical Legal Studies (CLS) is the movement that began in the late 1970s, influenced by neo-Marxist theories, and posits that law is intertwined with politics. This perspective challenges traditional notions of law as a set of neutral, objective principles and argues instead that legal rules and practices are shaped by social, political, and economic interests.

Question 18

Those who subscribe to this, most notably Ronald Dworkin (1977; 1986), argue the primary extralegal consideration that should guide judges is an ethics of "rights." This school of thought advocates going beyond the text of constitutions or statutes to examine the moral implications of the adjudication process.

Accepted Answer

The Jurisprudence of rights, as advocated by Ronald Dworkin, emphasizes the importance of moral rights and principles in legal decision-making, going beyond the literal text of laws to consider ethical implications.

Question 19

This approach focuses on the experiences of racial and ethnic minorities with the legal system.

Accepted Answer

Critical race theory focuses on examining the intersection of race and law, and how the legal system has impacted racial and ethnic minorities. It explores issues such as inequality, discrimination, and justice through the lens of race.

Question 20

The primary function of trial courts is to resolve factual disputes.

Accepted Answer

Trial courts are the first level of the court system where cases are initially filed, and their primary function is to resolve factual disputes by determining the facts of a case through the examination of evidence and witness testimony.

Quiz 12: Core Concepts of US Court Systems