Term
| An order from the court directing the person responsible for holding an individual in jail or prison to bring that person before the court and show why he is being held in custody is called a: |
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| According to the U.S. Constitution, the Writ of Habeas Corpus may be suspended. |
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Definition
A. In cases of rebellion when the public safety requires it.
B. In cases of invasion when the public safety requires it.
C. In cases of extremely high crime rates when the public safety requires it.
(all the above) |
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Term
| Article 3 of the U.S. Constitution |
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Definition
A. Provides for the establishment and jurisdiction of the U.S. Supreme Court. |
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| Article 3 of the U.S. Constitution gives __________ as the only crime to be found in the constitution. |
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Definition
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| The First Amendment contains the following right(s) |
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Definition
A. Freedom of religion
B. Freedom of the Press |
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Term
| The right to be free from unreasonable searches and seizures is found in the |
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1. The ______ Amendment limits the level of force that may be used to “reasonable force.” |
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| The right to be free from double jeopardy is found in the |
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| The 5th Amendment to the U.S. Constitution gives citizens the protection from __________. |
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Term
| ) Right to indictment for a capital or otherwise infamous crime in found in Amendment # |
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Definition
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Term
| The Fifth Amendment covers which of the following rights? |
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Definition
None of the above.
5th amendment deals with indictment of a grand jury |
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Term
| Amendment # ______ protects a citizen from being required to be a witness against themselves in a criminal case. |
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Term
| The requirement that the government must act in accordance with due process of law is contained in which two amendments to the U.S. Constitution |
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Definition
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Term
| Which Amendment to the U.S. Constitution gives citizens the right to an attorney during criminal proceedings? |
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Definition
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Term
| According to the ______________ the accused shall enjoy the right to a speedy and public trial. |
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Definition
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Term
| Which Amendment requires that the accused have a right to be confronted with witnesses against him? |
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Term
1. The right to be free from excessive bail and cruel and unusual punishment is contained in the |
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Definition
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Term
| Amendment # _______ states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.” |
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Term
| ____________ law is that portion of the law which defines the personal and property rights of individuals; the rights of an individual to seek redress or to prevent a wrong; any action other than criminal proceedings. |
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Definition
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| ____________ law which for the purpose of preventing harm to society, (a) declares what conduct is criminal, and (b) prescribes the punishment to be imposed for such conduct. It includes the definition of specific offenses and general principles of criminal responsibility. Criminal laws are commonly codified into criminal or penal codes, e.g. Texas Penal Code. |
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Definition
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Term
| Which of the following would be an example of a “tort?” |
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Definition
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Term
| If the U.S. Supreme Court decides to hear a case on appeal it issues a ___________________________. |
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Definition
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Term
| The highest Texas court to hear appeals of criminal cases is |
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Definition
| Court of Criminal Appeals |
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Term
| The highest Texas court to hear appeals of civil cases is |
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Definition
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Term
| A case is tried in Justice of the Peace Court and the person is found guilty. What court could the defendant appeal this conviction to? |
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Definition
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Term
| Which one of the following Texas courts ordinarily has jurisdiction to try Class “A” and “B” misdemeanors? |
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Definition
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Term
| A person is charged with a misdemeanor crime involving official misconduct.” Which Texas court is given original jurisdiction to try this case? |
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Definition
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Term
| A person has been found guilty of “Capital Murder” by a state district court in Texas and has been sentenced to the death penalty. What would be the first Texas appellate court that this case could be appealed to? |
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Definition
Court of Criminal Appeals |
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Term
| In CCP 1.03 several specific “objectives” are listed for the code. Which of the following were listed? |
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Definition
“To adopt measures for preventing the commission of crime.”
“To exclude the offender from all hope of escape.”
“To insure a trial with as little delay as is consistent with the ends of justice.”
“To insure a fair and impartial trial.”
(all of the above)
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Term
| Which of the following statements is true concerning the grand jury? |
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Definition
In Texas a person charged with a felony has a right to be indicted by a grand jury. |
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Term
| A defendant in a criminal matter is entitled to be represented by counsel in |
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Definition
In an adversarial hearing.
A police custodial interrogation.
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Term
| According to CCP Art. 1.051 (b), “_______________” means a person who is not financially able to employ counsel. |
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Definition
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Term
| In a capital felony case in which the attorney representing the State notifies the court and the defendant that it will not seek the death penalty, the defendant may waive the right to trial by jury but only if |
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Definition
| the attorney representing the State, in writing and in open court, consents to the waiver |
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Term
| A person represented by legal counsel may in open court or by written instrument voluntarily waive the right to be accused by indictment |
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Definition
Of any offense, other than a capital felony. |
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Term
| Senators and Representatives shall, except in cases of _____________be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing for one day for every twenty miles such member may reside from the place at which the Legislature is convened |
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Definition
treason
felony
breach of the peace
(All of the above) |
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Term
| No person shall be convicted of treason except |
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Definition
on the testimony of two witnesses to the same overt act.
On the person’s confession in open court
(either) |
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Term
1. Which of the following statements is true concerning the grand jury?
A. In Texas a person charged with a “Class A Misdemeanor” has a right to be indicted by a grand jury.
B. The defendant has a constitutional right to be represented by an attorney at the grand jury.
C. The proceedings are public.
D. None of the above statements is true. |
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Definition
| None of the above statements is true |
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Term
1. Which of the following officials would be classed as being a “magistrate” under Texas Law?
A. Justice of the peace
B. Mayor
C. County judge
D. District Attorney
E. “A”, “B”, and “C” but not “D” |
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Definition
| A”, “B”, and “C” but not “D” |
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Term
1. ) Which of the following is not a magistrate in Texas?
A. Texas Supreme Court Judges
B. Municipal Court Judges
C. Courts of Appeals Judges
D. State Attorney General |
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Definition
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Term
1. Which of the following officials would be classed as being a “magistrate” under Texas Law?
A. Justice of the peace
B. Medical examiner
C. Judges of the statutory probate courts
D. “A” and “B” but not “C”. (There is no such thing as “judges of the statutory probate courts)
E. “A” and “C” but not “B” |
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Definition
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Term
1. Which of the following is listed as a peace officer in the CCP?
A. Law enforcement agents of the Alcoholic Beverage Commission.
B. Officer commissioned by a Water Control and Improvement District.
C. Investigators employed by the Texas Racing Commission.
D. All of the above.
E. All of the above except “C” |
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Definition
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Term
1. Which of the following is listed as a peace officer in the CCP?
A. Investigators of the district attorney’s office.
B. Investigators employed by the Texas Racing Commission.
C. Security officers and investigators commissioned as peace officers by the comptroller.
D. All of the above.
E. All of the above except “C” |
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