KEY - Unit 6 Test Practice Questions Name________________________________________ Block______________

advertisement
KEY - Unit 6 Test
Practice Questions
Name________________________________________ Block______________
Your Unit 6 Test will focus on the following topics:
 Vocabulary - Pg. 115-116
 Civil and Criminal Procedure – Pg. 118-122
 Due Process Protections – Pg. 120
 Federal Court System Structure – Pg. 124
 State Court System Structure – Pg. 126
Vocabulary: Use pages 115 and 116 in your notebook to answer the following questions
1. There are two types of COURT CASES or REASONS TO GO TO COURT:
____CIVIL____: This is type of case when you go to court because of an
argument. In the courts, an argument is called a lawsuit or suing someone.
______CRIMINAL________: This is a type of case when you go to court
because a law was broken.
I’m going to
sue you!
I stole a t-shirt!
2. In a Criminal Case, there are two types of CRIMES:
__FELONY___ are major or serious crimes. Examples are killing someone,
stealing a car, or stealing lots of money.
____MISDEMEANOR___ are minor or little crimes. Examples are stealing tshirts, getting a speeding ticket, or stealing gum.
I stole $5 million!
I stole $5!
3. In a Criminal Case, there are some specific vocabulary words you might see:
____DEFENDANT___ is the person accused of a crime.
I am accused of a
crime! Oh no!
I am not
guilty!
_____PLEA______ is an accused person’s response to a criminal charge (guilty
or not guilty).
____PROBABLE CAUSE_____ is the evidence that gives the police a reason
to arrest you. For example, they could arrest you for stealing a car if they found
the stolen car in your garage. Hint: This word isn’t in the vocabulary section,
it’s on page 122 instead! This is how the police PROBABLY know you did it.
Oh man! They
found the money
in my car so they
arrested me!
I am not guilty,
but I do need a
lawyer!
_____ARRAIGNMENT____ is a pre-trail hearing or meeting. This is the
meeting that happens BEFORE the trial where the person accused of the crime
gets a lawyer enters a plea, and probable cause is reviewed.
4. In a Civil Case, there are some specific vocabulary words you might see:
__PLAINTIFF_____ is the person filing a complaint or suing in a Civil Case. If
Mrs. Talent sued Mr. Buffone, then Mrs. Talent would be this.
______DEFENDANT____ is the person getting sued or accused in an
argument. If Mrs. Talent sued Mr. Buffone, then Mr. Buffone would be this.
I’m suing
you!
I’m suing
you!
Oh no!
Oh no!
Civil and Criminal Procedure: Use questions 1-4 in this packet to help you on the questions below.
5. Ms. Martin is suing Ms. Tsin for spilling her coffee. Ms. Martin wants Ms. Tsin to pay her back for the coffee and
give her $1 million more.
o
Ms. Martin is the ____PLAINTIFF__ (plaintiff/defendant)
o
Ms. Tsin is the ____DEFENDANT___ (plaintiff/defendant)
6. Sara’s Arraignment is happening tomorrow. Circle everything below that will happen at the arraignment:
*The probable cause will be reviewed.
*Sara will be appointed a lawyer.
*Bail will be set.
*Sara will enter her plea of guilty or not guilty.
*The verdict will be decided
*Sara will be arrested.
7. Ms. Spinosa is being arrested for stealing a prize-winning horse. The police arrested Ms. Spinsoa because they found
the horse in Ms. Spinosa’s backyard.

Ms. Spinosa is the __DEFENDANT___ (prosecutor/defendant).

The horse is the __PROBABLE CAUSE____ (verdict/probable cause).
Directions for Questions 8-13: For each of the following cases, say whether the case is CIVIL or CRIMINAL and the key
word or phrase that told you the kind of court case.
8. John is the plaintiff in his case. This is a ____CIVIL__ (Civil OR Criminal) case. The key word or
phrase that told me this was ____PLAINTIFF_____.
9. The judge said: “How do you plead? Guilty or not guilty?” This is a ___CRIMINAL__ (Civil OR Criminal)
case. The key word or phrase that told me this was _____GUILTY OR NOT GUILTY______.
10. Frank went to court for a speeding ticket. This is a ______CRIMINAL_____ (Civil OR Criminal) case. The key
word or phrase that told me this was _____SPEEDING TICKET____.
11. The court is deciding how long Erica must stay in jail. This is a _CRIMINAL_____ (Civil OR Criminal)
case. The key word or phrase that told me this was _____JAIL____.
12. The court is deciding how much Emily should pay in damages. This is a __CIVIL____ (Civil OR Criminal)
case. The key word or phrase that told me this was ____DAMAGES______.
13.The court is deciding whether Chris is guilty or not guilty. This is a __CRIMINAL___ (Civil OR Criminal)
case. The key word or phrase that told me this was ____GUILTY OR NOT GUILTY___.
*******************Practicing Procedure (Steps) in Civil and Criminal Cases*************
Civil and Criminal Procedure: Use page 118-120 in your notebook to answer the following questions
14. CIVIL PROCEDURES:
Civil Procedures Bank:



Civil Step One: ___Plaintiff files a comlaint___
Civil Step Two: ___Case is heard by judge and jury________
Case is heard by judge and jury
Plaintiff files a complaint
Case can be appealed
Civil Step Three: _____Case can be appealed_____
15. CRIMINAL PROCEDURES:
Criminal Step One: ____Arrest based on probable cause______
Criminal Procedures Bank:





Criminal Step Two: _____Bail or Jail______
Criminal Step Three: ______Arraignment________
Bail or Jail
Arraignment
Arrest based on probable cause
Court date is set and trial occurs
Verdict can be appealed
Criminal Step Four: ____Court date is set and trial occurs______
Criminal Step Five: ___Verdict can be appealed____
16. Mrs. Beichler lost her lawsuit against Mr. Spencer. She is not happy! What can she do next?
a.
b.
c.
d.
Arraign Mr. McGuire
Get a verdict
Arrest Mr. McGuire
Appeal his case
17. Put the steps of the following case in order:
a.
b.
c.
d.
1, 2, 3
3, 2, 1
2, 3, 1
1, 3, 2
Steps for #17
1. Verdict can be appealed
2. Plaintiff files a complaint
3. Case is heard by judge or jury
18. Put the steps of the following case in order:
a.
b.
c.
d.
2, 4, 3, 1, 5
5, 1, 4, 3, 2
5, 2, 4, 3, 1
2, 5, 4, 3, 1
Steps for #18
1.
2.
3.
4.
5.
Verdict can be appealed
Arrest based on probable cause
Court date is set and trial occurs
Arraignment
Bail or Jail
***************************Practicing Federal and State Court Systems**************************
Vocabulary: Use pages 115 and 116 to answer the following questions
19. Jurisdiction is __POWER OF A COURT TO HEAR AND DECIDE A CASE__. There are two types of
jurisdiction: original and appellate.
20. _ORIGINAL____ (original OR appellate) is the power to hear a case for the FIRST time. If a court has this
jurisdiction, cases can START in that court.
21. __APPELLATE__ (original OR appellate) is the power to hear a case the NEXT time or on APPEAL. If a court
has this jurisdiction, cases will be appealed up to this court.
Federal Court System Structure: Use page 124 to answer the following questions
22. The United States has a __DUAL____ court system, which means we have two major court systems.
23. The United States has a dual court system made up of”
a.
b.
c.
d.
Federal and Local Courts
Original and Appellate Courts
Federal and State Courts
Judicial and Legislative Courts
24. What document organizes our Federal courts and gives court’s their jurisdiction? ___US CONSTITUTION____
25. What document organizes our State court system and gives court’s their jurisdiction? _VA CONSTITUTION__
26. __STATE___ (federal OR state) courts hear cases when people break state laws or cases involving the Virginia
Constitution.
27. __FEDERAL____ (federal OR state) courts hear cases when people break national laws, crimes in more than one
state, or cases involving the US Constitution.
28. A CLUE to help you remember the order of the ___FEDERAL___ (federal OR state) courts is SAD.
29. A CLUE to help you remember the order of the ___STATE__ (federal OR state) courts is SACDD.
For the following examples, would you use SAD, or SACdd to help you determine the court?
30. __SACdd____
Ms. Tsin was caught stealing Ms. Martin’s favorite coffee mug in Virginia.
31. __SAD____
Sara sued the US government over the Affordable Care Act.
32. ___ SAD _____ Jessica was caught destroying mailboxes in her neighborhood.
33. ____ SAD ______
Lauren did not pay her federal taxes!
34. ___ SACdd _____
Ms. Martin wrecked Mr. Buffone’s brand new car! He is suing Ms. Martin for $1,800 in Virginia.
35. ___ SAD ____
Jonathan committed murder in Virginia, Maryland, and Florida.
36. ____ SACdd ____
Phoebe was caught speeding down Route 7!
Federal Court System Structure: Use page 124 and 126 in your notebook to answer the following questions
Federal Court System (Pg. 124 Notes)
S - ___US SUPREME COURT_____

In this court, cases are heard and decided
by ____JUSTICES____

Circle the type(s) of jurisdiction this court
has: Original Jurisdiction,
Limited Original Jurisdiction,
Appellate Jurisdiction
A - ___US COURT OF APPEALS______

In this court, cases are heard and decided by
_____PANEL OF JUDGES________

Circle the type(s) of jurisdiction this court
has: Original Jurisdiction, Limited Original
Jurisdiction, Appellate Jurisdiction
Virginia State Court System (Pg. 126 Notes)
S - _____VA SUPREME COURT______

In this court, cases are heard and decided by
____JUSTICES____

Circle the type(s) of jurisdiction this court has:
Original Jurisdiction,
Limited Original Jurisdiction,
Appellate Jurisdiction
A - _____VA COURT OF APPEALS________

In this court, cases are heard and decided by
____PANEL OF JUDGES_____

Circle the type(s) of jurisdiction this court has: Original
Jurisdiction, Limited Original Jurisdiction,
Appellate Jurisdiction
C - _______CIRCUIT COURT____________

In this court, cases are heard and decided by
____JUDGE AND JURY_______

Circle the type(s) of jurisdiction this court has:
Original Jurisdiction, Limited Original Jurisdiction,
Appellate Jurisdiction

What kinds of cases start in this court?
D - _____US DISTRICT COURT_____



In this court, cases are heard and decided by
____JUDGE AND JURY_____
Circle the type(s) of jurisdiction this court
has: Original Jurisdiction, Limited Original
Jurisdiction, Appellate Jurisdiction
What kinds of cases start at this court?
___BREAKS A NATIONAL LAW, SUE US
GOVERNMENT, COMMIT A CRIME IN
MORE THAN ONE STATE, SUE IN MORE
THAN ONE STATE_______
_BIG CASES! FELONIES AND SUING FOR LOTS OF MONEY!_
D - _GENERAL DISTRICT_ D __JUVENILE DOMESTIC_
*In this court, cases are
heard and decided by
__JUDGE_____
*Circle the type(s) of
*Circle the type of jurisdiction
jurisdiction this court has:
this court has:
Original Jurisdiction,
Original Jurisdiction,
Limited Original Jurisdiction,
Limited Original Jurisdiction,
Appellate Jurisdiction
Appellate Jurisdiction
*What kinds of cases
start in this court?
Start
*In this court, cases are heard
and decided by __JUDGE____.
_LITTLE CASES!
MISDEMEANORS AND
SUING FOR LESS THAN
$25,000___
FELONY_
*What kinds of cases
start in this court?
_CASES WITH KIDS
AND FAMILY CASES!
EX: CUSTODY, 12 YEAR
OLD COMMITS
Directions: For some questions, you just have to look back at the charts to figure them out.
37. Mr. Smialek stole packages from the US Mail.
a. Would his case be in the Federal Courts OR State Courts? __FEDERAL_______
b. What court would have original jurisdiction over his case? __US DISTRICT________
38. Sandy committed a misdemeanor in Virginia and is on the way to the first court to hear her case.
a. Would his case be in the Federal Courts OR State Courts? __STATE______
b. What court would have original jurisdiction over his case? ____GENERAL DISTRICT_______
39. Bill committed a felony in Virginia and is on the way to the first court to hear his case.
a. Would his case be in the Federal Courts OR State Courts? ____STATE_____
b. What court would have original jurisdiction over his case? ___CIRCUIT____
40. What Virginia court has a jury? __________________CIRCUIT_________
41. What Federal Courts DO NOT have original jurisdiction? __US COURT OF APPEALS, US SUPREME
COURT__________
42. What court matches these facts: 1. There are judges. 2. There is no jury. 3. This court only hears cases
that have been appealed.
a. US Court of Appeals
b. Circuit court
c. VA Supreme Court
d. US Supreme Court
43. What court has the final say and appellate jurisdiction over all other courts in the country?
a. US District Court
b. US Federal Court
c. US Court of Appeals
d. US Supreme Court
Some questions you have to show your work for! Show your work for the following questions using the chart:
44. Paul committed felonies in three different states. What court is Paul currently in if his cases have been
appealed one time?
a. If Paul committed felonies in three different states, is Paul in Federal Courts OR State Courts?
________FEDERAL__________
b. Paul appealed his case one time. Show your work using the SAD and SACDD Charts:
c. What court is Paul in since he appealed his case one time? _____US COURT OF APPEALS___
45. Zack, who is fifteen years old, committed a felony and has appealed his case three times. What court
would hear his third appeal?
a. Zack is fifteen and committed a felony. Is Zack in Federal Courts OR State Courts?
______STATE COURTS________
b. Zack appealed his case three times. Show your work using the SAD and SACDD Charts:
c. What court is Zack in since he appealed his case three times? ___VA SUPREME COURT____
46. Michelle sued her sister for $5. Both Michelle and her sister live in Virginia. She appealed the case
once. What court would she be in for her first appeal trial?
a. Michelle and her sister live in Virginia and are suing for $5. Is Michelle in Federal Courts OR
State Courts? ____STATE COURTS______
b. Michelle sued for $5 and appealed her case once. Show your work using the SAD and SACDD
Charts:
c. What court is Michelle in since she appealed her case once? ___CIRCUIT COURT______
47. Selena Gomez sued Justin Bieber for $50 million. Both Selena and Justin live just moved to Virginia.
She appealed the case twice. What court would she be in for her second appeal trial?
a. Selena sued Justin for $50 million in Virginia. Is Selena in Federal Courts OR State Courts?
_______STATE COURTS_________
b. Selena sued for $50 million and appealed her case TWICE. Show work using SAD and SACDD:
c. What court is Selena in since she appealed her case TWICE? _____VA SUPREME COURT___
*************************Practicing Due Process Protections**************************
Use page 120 in your notebook to answer the following questions
1. You have rights when you are in the courts and accused of a crime! The government should not be unfair to you!
What document protects you from the US Government being unfair? _DUE PROCESS________
2. There is a special name for the PROCESS the Constitution makes the government goes through to be fair and
protect you. These constitutional protections against unfair governmental laws and actions are called:
a.
b.
c.
d.
Judicial Checks
Due Process Protections
Criminal Procedures
Appellate Jurisdictions
3. There are two changes to the US Constitution that are very important to protect you when you are accused of a
crime so the government isn’t unfair.
Hint: N comes before S in the alphabet.
5 comes before 14 in the number line.
National Government (N) must be fair because of _5TH __ (5th or 14th) Amendment.
State Governments (S) must be fair because of the __14TH__ (5th or 14th) Amendment!
Due Process Protections: Use page 120 in your notebook to answer the following questions
4. The 5th Amendment protects against the unfair treatment by the _________________ government.
a. Local
b. State
c. National
d. None of the Above
5. Which amendment protects citizens against unfair treatment by the state and local government?
a. 5th
b. 8th
c. 14th
d. 27th
6. The Due Process Clause of the ________________ extended the Bill of Rights to the state and local governments.
a. 5th
b. 8th
c. 14th
d. 27th
**YOU ARE NOT DONE!!!!!!!! GO SEE YOUR TEACHER TO HAVE THIS PACKET CHECKED!!!!!!**
Make a lot of mistakes on this packet? Still think you’re not ready?
 Try to do the packet another time from memory! Then check your answers!
 Create flashcards with the question on one side and the answer on the other side!
 Play games at www.solpass.org (password: trailside)
Download