2
SCCJA Exam cumulative questions with precise detailed || || || || || || ||
answers
Ratification of the Bill of Rights occurred in: || || || || || || ||
1791
Which branch of the government makes the law?
|| || || || || || ||
Legislative
The requirement for an indictment for a capital offense is required by which amendment?
|| || || || || || || || || || || || ||
5th
How many justices sit on the US Supreme Court?
|| || || || || || || ||
9
The supremacy clause establishes what as the supreme law of the land?
|| || || || || || || || || || ||
US Constitution
||
who favored a decentralized government with the power resting with the states?
|| || || || || || || || || || ||
anti federalists
||
article II of the US constitution grants:
|| || || || || ||
executive power ||
what two additional protections does the SC Constitution have in article I: section 10 that
|| || || || || || || || || || || || || || ||
the 4th amendment does not have?
|| || || || ||
unreasonable invasion of privacy and particularity requirement || || || || || ||
the judicial branch ____________ the law
|| || || || ||
interprets
Sir Robert Peel drafted ___________ Principles in 1829 that are relevant for today's law
|| || || || || || || || || || || || || ||
enforcement officer ||
9
,2
Peel stated that the basic mission of law enforcement is to _______ as an alternative to
|| || || || || || || || || || || || || || || ||
_________?
prevent crime and disorder; using military force to repress crime
|| || || || || || || || ||
according to Peel, what is the test of police efficiency? || || || || || || || || ||
absence of crime and disorder || || || ||
what was established to operate as a restriction on the national government?
|| || || || || || || || || || ||
Bill of Rights
|| ||
"the conduct of legal proceedings according to established rules and principles for the
|| || || || || || || || || || || || ||
protection and enforcement of private rights, including notice and the right to a fair hearing
|| || || || || || || || || || || || || ||
before tribunal with the power to decide the case"
|| || || || || || || || ||
the 14th amendment due process
|| || || ||
the US supreme court was ordained by the US constitution in:
|| || || || || || || || || ||
article III, section I || || ||
what is the compulsory process for obtaining witnesses as listed in the 6th amendment?
|| || || || || || || || || || || || ||
the power to subpoena
|| || ||
only fully published opinions can serve as case law (T/F)
|| || || || || || || || ||
true
"excessive bail shall not be required, nor excessive fines imposed, nor cruel punishment
|| || || || || || || || || || || || ||
inflicted"
8th amendment
||
who bears the burden of proof in order to obtain a conviction during trial?
|| || || || || || || || || || || || ||
the prosecution
||
how many district courts are there (lowest level federal court)?
|| || || || || || || || ||
94
how many circuit courts are there in the US?
|| || || || || || || ||
13
SC district court is under this jurisdiction, as in NC, VA, MD, and WS:
|| || || || || || || || || || || || ||
,2
4th circuit court of appeals
|| || || ||
what court does not have civil jurisdiction?
|| || || || || ||
municipal court ||
how does the SC supreme court hear appeals?
|| || || || || || ||
writ of certiorari and direct appeal
|| || || || ||
level of proof needed when presenting a case before the grand jury:
|| || || || || || || || || || ||
probable cause ||
the criminal intent that is needed as part of the critical element of proof called:
|| || || || || || || || || || || || || ||
mens rea ||
what hearing is known as the "probable cause hearing", who must request it, and within
|| || || || || || || || || || || || || || ||
what time frame? || ||
preliminary hearing, the defense, and within 10 days of the bond hearing
|| || || || || || || || || || ||
how many jurors sit on the grand jury?
|| || || || || || ||
18
the US supreme court hears appeals by:
|| || || || || ||
writ of cert || ||
what is the age eligibility for the alcohol education program?
|| || || || || || || || ||
17-20 years ||
who determines the sentence in all cases EXCEPT the death penalty cases?
|| || || || || || || || || || ||
Judge
examples of _________ motions are continuance, settle defendant's prior record, and
|| || || || || || || || || || ||
sequestration of witnesses || ||
pretrial
In summary court cases, how many peremptory challenges do the state and defense each
|| || || || || || || || || || || || || ||
have?
5
the questions that the state and defense ask the jury to determine bias are called?
|| || || || || || || || || || || || || ||
, 2
vior dire questions
|| ||
during which part of the legal proceedings does the defendant enter as a plea?
|| || || || || || || || || || || || ||
bond hearing ||
what is the formal charging document of the grand jury?
|| || || || || || || || ||
indictment
in a bench trial, when does jeopardy attach?
|| || || || || || ||
when the first witness is sworn in
|| || || || || ||
which court sets bond in cases that can result in life sentences?
|| || || || || || || || || || ||
general sessions ||
in a jury trial, when does jeopardy attach?
|| || || || || || ||
when the jury is sworn in || || || || ||
those words which by their vary utterance inflict injury or tend to incite an immediate
|| || || || || || || || || || || || || || ||
breach of peace || ||
fighting words ||
state v. perkins said that:
|| || || ||
protest is protected speech || || ||
name calling, the use of profanity, and obscene gestures directed at an officer in and of
|| || || || || || || || || || || || || || || ||
themselves doe not constitute "fighting words" (T/F) || || || || || ||
true
police have tolerate fighting words (T/F)
|| || || || ||
true
the 1st amendment protects a significant amount of verbal criticism and challenge directed
|| || || || || || || || || || || || ||
at police officers (T/F)
|| || ||
true
what is not protected when directed at law enforcement officers?
|| || || || || || || || ||
threats, physically interfering, intoxication || || ||
which case made flag burning protected speech?
|| || || || || ||
SCCJA Exam cumulative questions with precise detailed || || || || || || ||
answers
Ratification of the Bill of Rights occurred in: || || || || || || ||
1791
Which branch of the government makes the law?
|| || || || || || ||
Legislative
The requirement for an indictment for a capital offense is required by which amendment?
|| || || || || || || || || || || || ||
5th
How many justices sit on the US Supreme Court?
|| || || || || || || ||
9
The supremacy clause establishes what as the supreme law of the land?
|| || || || || || || || || || ||
US Constitution
||
who favored a decentralized government with the power resting with the states?
|| || || || || || || || || || ||
anti federalists
||
article II of the US constitution grants:
|| || || || || ||
executive power ||
what two additional protections does the SC Constitution have in article I: section 10 that
|| || || || || || || || || || || || || || ||
the 4th amendment does not have?
|| || || || ||
unreasonable invasion of privacy and particularity requirement || || || || || ||
the judicial branch ____________ the law
|| || || || ||
interprets
Sir Robert Peel drafted ___________ Principles in 1829 that are relevant for today's law
|| || || || || || || || || || || || || ||
enforcement officer ||
9
,2
Peel stated that the basic mission of law enforcement is to _______ as an alternative to
|| || || || || || || || || || || || || || || ||
_________?
prevent crime and disorder; using military force to repress crime
|| || || || || || || || ||
according to Peel, what is the test of police efficiency? || || || || || || || || ||
absence of crime and disorder || || || ||
what was established to operate as a restriction on the national government?
|| || || || || || || || || || ||
Bill of Rights
|| ||
"the conduct of legal proceedings according to established rules and principles for the
|| || || || || || || || || || || || ||
protection and enforcement of private rights, including notice and the right to a fair hearing
|| || || || || || || || || || || || || ||
before tribunal with the power to decide the case"
|| || || || || || || || ||
the 14th amendment due process
|| || || ||
the US supreme court was ordained by the US constitution in:
|| || || || || || || || || ||
article III, section I || || ||
what is the compulsory process for obtaining witnesses as listed in the 6th amendment?
|| || || || || || || || || || || || ||
the power to subpoena
|| || ||
only fully published opinions can serve as case law (T/F)
|| || || || || || || || ||
true
"excessive bail shall not be required, nor excessive fines imposed, nor cruel punishment
|| || || || || || || || || || || || ||
inflicted"
8th amendment
||
who bears the burden of proof in order to obtain a conviction during trial?
|| || || || || || || || || || || || ||
the prosecution
||
how many district courts are there (lowest level federal court)?
|| || || || || || || || ||
94
how many circuit courts are there in the US?
|| || || || || || || ||
13
SC district court is under this jurisdiction, as in NC, VA, MD, and WS:
|| || || || || || || || || || || || ||
,2
4th circuit court of appeals
|| || || ||
what court does not have civil jurisdiction?
|| || || || || ||
municipal court ||
how does the SC supreme court hear appeals?
|| || || || || || ||
writ of certiorari and direct appeal
|| || || || ||
level of proof needed when presenting a case before the grand jury:
|| || || || || || || || || || ||
probable cause ||
the criminal intent that is needed as part of the critical element of proof called:
|| || || || || || || || || || || || || ||
mens rea ||
what hearing is known as the "probable cause hearing", who must request it, and within
|| || || || || || || || || || || || || || ||
what time frame? || ||
preliminary hearing, the defense, and within 10 days of the bond hearing
|| || || || || || || || || || ||
how many jurors sit on the grand jury?
|| || || || || || ||
18
the US supreme court hears appeals by:
|| || || || || ||
writ of cert || ||
what is the age eligibility for the alcohol education program?
|| || || || || || || || ||
17-20 years ||
who determines the sentence in all cases EXCEPT the death penalty cases?
|| || || || || || || || || || ||
Judge
examples of _________ motions are continuance, settle defendant's prior record, and
|| || || || || || || || || || ||
sequestration of witnesses || ||
pretrial
In summary court cases, how many peremptory challenges do the state and defense each
|| || || || || || || || || || || || || ||
have?
5
the questions that the state and defense ask the jury to determine bias are called?
|| || || || || || || || || || || || || ||
, 2
vior dire questions
|| ||
during which part of the legal proceedings does the defendant enter as a plea?
|| || || || || || || || || || || || ||
bond hearing ||
what is the formal charging document of the grand jury?
|| || || || || || || || ||
indictment
in a bench trial, when does jeopardy attach?
|| || || || || || ||
when the first witness is sworn in
|| || || || || ||
which court sets bond in cases that can result in life sentences?
|| || || || || || || || || || ||
general sessions ||
in a jury trial, when does jeopardy attach?
|| || || || || || ||
when the jury is sworn in || || || || ||
those words which by their vary utterance inflict injury or tend to incite an immediate
|| || || || || || || || || || || || || || ||
breach of peace || ||
fighting words ||
state v. perkins said that:
|| || || ||
protest is protected speech || || ||
name calling, the use of profanity, and obscene gestures directed at an officer in and of
|| || || || || || || || || || || || || || || ||
themselves doe not constitute "fighting words" (T/F) || || || || || ||
true
police have tolerate fighting words (T/F)
|| || || || ||
true
the 1st amendment protects a significant amount of verbal criticism and challenge directed
|| || || || || || || || || || || || ||
at police officers (T/F)
|| || ||
true
what is not protected when directed at law enforcement officers?
|| || || || || || || || ||
threats, physically interfering, intoxication || || ||
which case made flag burning protected speech?
|| || || || || ||