, TESTBANK FOR Criminal Procedure 11th Edition Carmen
Important Notes
The file includes the complete test bank, organized chapter by chapter.
A sample of selected pages has been provided for preview.
All available appendices and Excel files (if included in the original resources) are
provided.
We continuously update our files to ensure you receive the latest and most accurate
editions.
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,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
1. The United States has a _______ court system.
a. singular
b. complex
c. dual
d. federal
ANSWER: c
2. In writings, when the word Court is listed with a capital “C,” it is referring to the _______ court.
a. state supreme court
b. appeals court
c. U.S. Supreme Court
d. trial court
ANSWER: c
3. Supreme Court justices serve a term of _______.
a. life
b. 15 years
c. 20 years
d. 10 years
ANSWER: a
4. _______ is not one of the ways a case may be heard by the Supreme Court.
a. Certification
b. Original jurisdiction
c. Appeal
d. Writ of error
ANSWER: d
5. The Supreme Court hears and renders written decisions on approximately _______ cases each year.
a. 70
b. 150
c. 10,000
d. 500
ANSWER: a
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,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
6. A case may be tried in both federal and state courts if the act violates both federal and state laws and will not violate
the concept of _______, as each court has its own sovereignty.
a. stare decisis
b. double jeopardy
c. en banc
d. prosecutorial misconduct
ANSWER: b
7. The theory of incorporation finally adopted by the Supreme Court was _____ incorporation.
a. total
b. selective
c. case-by-case
d. categorical
ANSWER: b
8. The U.S. Supreme Court case that established the principle of judicial review was:
a. Mapp v. Ohio
b. Marbury v. Madison
c. Maryland v. Garrions
d. Tennessee v. Garne
ANSWER: b
9. Which of the following rights has not yet been incorporated?
a. The Fifth Amendment right to grand jury review
b. The Second Amendment right to gun ownership
c. The Sixth Amendment right to an attorney
d. The First Amendment right to freedom of speech
ANSWER: a
10. An example of selective incorporation can be found in the case of:
a. Palko v. Connecticut
b. Miranda v. Arizona
c. Duncan v. Louisiana
d. Frisbie v. Collins
ANSWER: c
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,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
11. The judicial power of the federal government is created in Article _____, Section 1, of the U.S. Constitution.
a. I
b. II
c. III
d. IV
ANSWER: c
12. What clause of the Fourteenth Amendment was the vehicle for incorporation of rights against the states?
a. Due process
b. Equal protection
c. Privileges and immunities
d. Citizenship
ANSWER: a
13. If a court has the legal authority to hear a case, this means that the court has _______.
a. precedent
b. equal protection
c. due process
d. jurisdiction
ANSWER: d
14. U.S. magistrate courts are part of the _______.
a. state court system
b. federal court system
c. county court system
d. none of the answers are correct.
ANSWER: b
15. The only court established by the U.S. Constitution was the _______.
a. U.S. Court of Appeal
b. U.S. Supreme Court
c. U.S. Court of Claims
d. U.S. Court of Last Resort
ANSWER: b
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,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
16. The ban on cruel and unusual punishment and excessive fines and bail is found in the _____ Amendment.
a. First
b. Fourth
c. Eighth
d. Ninth
ANSWER: c
17. The trial court in the federal system is called the ______ court.
a. common pleas
b. criminal
c. quarter sessions
d. district
ANSWER: d
18. The rights to speedy, public, and jury trials and to confront adverse witnesses are found in the _____ Amendment.
a. Sixth
b. Seventh
c. Eighth
d. Ninth
ANSWER: a
19. Which of these is NOT a reason courts would consider decisions from other jurisdictions?
a. There may be no settled law on an issue in a given area.
b. Decisions in other jurisdictions may enable lawyers to detect a trend and anticipate what local courts might do
in the future.
c. Cases from other jurisdictions may be similar.
d. Law mandates courts to follow decisions made by courts in other jurisdictions.
ANSWER: d
20. An easily accessible source of court decisions is:
a. the Internet.
b. a local library.
c. a local law office.
d. All of the answers are correct.
ANSWER: a
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,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
21. The incorporation controversy involves the _______.
a. Constitution
b. Declaration of Independence
c. Bill of Rights
d. None of the answers are correct.
ANSWER: c
22. To find the case law, one would consult:
a. statutes.
b. constitutions.
c. judicial opinions.
d. administrative regulations.
ANSWER: c
23. U.S. District Court opinions are published in the:
a. federal Supplement.
b. federal Reports.
c. U.S. Reporter.
d. U.S. Cases Review.
ANSWER: a
24. Jurisdiction refers to the _______.
a. power of a court to try a case
b. location of a crime
c. court’s power to determine constitutionality
d. None of the answers are correct.
ANSWER: a
25. The protection against double jeopardy is found in the _______ Amendment.
a. First
b. Fourth
c. Fifth
d. Sixth
ANSWER: c
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,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
26. The most important rights available to an accused in a criminal prosecution come from the:
a. state constitutions.
b. federal statutes.
c. federal court rules.
d. U.S. Constitution.
ANSWER: d
27. The concept of venue refers to _______.
a. which court has jurisdiction
b. the location where the case is to be tried
c. which judge will try the case
d. the decision as to whether there will be a bench or jury trial
ANSWER: b
28. Federal felony criminal cases are tried in U.S. _______ courts.
a. district
b. magistrate
c. commissioners
d. common plea
ANSWER: a
29. The litigation process in the United States is referred to as a(n) _______ system that relies on the litigants to present
their arguments before a neutral fact finder.
a. dual
b. cooperative
c. adversarial
d. combative
ANSWER: c
30. The right to due process is found in the _______ Amendment to the U.S. Constitution.
a. Fourth
b. Fifth
c. Seventh
d. Fourteenth
ANSWER: d
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,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
31. Stare decisis is the principle that _______.
a. a case should be tried where the crime was committed
b. a case can be tried in a state and a federal court
c. new cases should be decided in a fashion consistent with the law established in prior cases
d. a court must have jurisdiction to try a case
ANSWER: c
32. The U.S. Supreme Court currently has _____ members.
a. five
b. seven
c. nine
d. eleven
ANSWER: c
33. The Supreme Court has ruled that trustworthy statements obtained in violation of the Miranda rule may be used:
a. against a defendant in court.
b. in place of testimony.
c. to impeach the credibility of a witness who takes the stand.
d. to shame a defendant in the newspaper.
ANSWER: c
34. The U.S. Supreme Court hears all its cases _______.
a. en banc
b. in panels of three
c. in panels of five
d. in divisions of three
ANSWER: a
35. When a crime is prosecuted in both federal and state courts, it is known as a ________ prosecution.
a. horizontal
b. vertical
c. multiple
d. sideways
ANSWER: b
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, Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
36. The number of justices that must agree in order for a case to be heard on its merits by the U.S. Supreme Court is
_______.
a. four
b. five
c. six
d. seven
ANSWER: a
37. Under the broadest notion of the rule of law, _______.
a. no person is above the law
b. the legal system is created for the wealthy
c. everyone is entitled to a fabulous lawyer
d. the accused is as good as guilty
ANSWER: a
38. Judicial review is the power of a court to _______.
a. follow precedents
b. overrule the U.S. Constitution
c. void laws or official acts which are inconsistent with the U.S. Constitution
d. order that courts be closed in times of martial law or war
ANSWER: c
39. In a case citation, the name of the parties is called the _______.
a. case title
b. abstract
c. summary
d. synopsis
ANSWER: a
40. A case citation indicates _______.
a. whether or not stare decisis was followed
b. where an opinion may be found
c. whether the defendant was convicted or acquitted
d. where the court sat when it decided the case
ANSWER: b
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Important Notes
The file includes the complete test bank, organized chapter by chapter.
A sample of selected pages has been provided for preview.
All available appendices and Excel files (if included in the original resources) are
provided.
We continuously update our files to ensure you receive the latest and most accurate
editions.
New editions are added regularly – stay connected for updates!
✅ Why Buy From Us?
📚 Complete & organized chapter-by-chapter – no missing content, no guessing.
⚡ Instant digital delivery – get your file the moment you pay, no waiting.
📅 Always up to date – we track new editions so you always get the latest version.
💬 Friendly support – real humans ready to help, anytime you need us.
🔒 Safe & secure – thousands of satisfied students trust us every semester.
🛡️Our Guarantees
💰 Money-Back Guarantee: Not satisfied? We offer a full refund – no questions asked.
🔄 Wrong File? No Problem: Contact us and we will replace it immediately with the
correct version, free of charge.
⏰ 24/7 Support: We are always here – reach out anytime and expect a fast response.
Contact Email:
,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
1. The United States has a _______ court system.
a. singular
b. complex
c. dual
d. federal
ANSWER: c
2. In writings, when the word Court is listed with a capital “C,” it is referring to the _______ court.
a. state supreme court
b. appeals court
c. U.S. Supreme Court
d. trial court
ANSWER: c
3. Supreme Court justices serve a term of _______.
a. life
b. 15 years
c. 20 years
d. 10 years
ANSWER: a
4. _______ is not one of the ways a case may be heard by the Supreme Court.
a. Certification
b. Original jurisdiction
c. Appeal
d. Writ of error
ANSWER: d
5. The Supreme Court hears and renders written decisions on approximately _______ cases each year.
a. 70
b. 150
c. 10,000
d. 500
ANSWER: a
Copyright Cengage Learning. Powered by Cognero. Page 1
,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
6. A case may be tried in both federal and state courts if the act violates both federal and state laws and will not violate
the concept of _______, as each court has its own sovereignty.
a. stare decisis
b. double jeopardy
c. en banc
d. prosecutorial misconduct
ANSWER: b
7. The theory of incorporation finally adopted by the Supreme Court was _____ incorporation.
a. total
b. selective
c. case-by-case
d. categorical
ANSWER: b
8. The U.S. Supreme Court case that established the principle of judicial review was:
a. Mapp v. Ohio
b. Marbury v. Madison
c. Maryland v. Garrions
d. Tennessee v. Garne
ANSWER: b
9. Which of the following rights has not yet been incorporated?
a. The Fifth Amendment right to grand jury review
b. The Second Amendment right to gun ownership
c. The Sixth Amendment right to an attorney
d. The First Amendment right to freedom of speech
ANSWER: a
10. An example of selective incorporation can be found in the case of:
a. Palko v. Connecticut
b. Miranda v. Arizona
c. Duncan v. Louisiana
d. Frisbie v. Collins
ANSWER: c
Copyright Cengage Learning. Powered by Cognero. Page 2
,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
11. The judicial power of the federal government is created in Article _____, Section 1, of the U.S. Constitution.
a. I
b. II
c. III
d. IV
ANSWER: c
12. What clause of the Fourteenth Amendment was the vehicle for incorporation of rights against the states?
a. Due process
b. Equal protection
c. Privileges and immunities
d. Citizenship
ANSWER: a
13. If a court has the legal authority to hear a case, this means that the court has _______.
a. precedent
b. equal protection
c. due process
d. jurisdiction
ANSWER: d
14. U.S. magistrate courts are part of the _______.
a. state court system
b. federal court system
c. county court system
d. none of the answers are correct.
ANSWER: b
15. The only court established by the U.S. Constitution was the _______.
a. U.S. Court of Appeal
b. U.S. Supreme Court
c. U.S. Court of Claims
d. U.S. Court of Last Resort
ANSWER: b
Copyright Cengage Learning. Powered by Cognero. Page 3
,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
16. The ban on cruel and unusual punishment and excessive fines and bail is found in the _____ Amendment.
a. First
b. Fourth
c. Eighth
d. Ninth
ANSWER: c
17. The trial court in the federal system is called the ______ court.
a. common pleas
b. criminal
c. quarter sessions
d. district
ANSWER: d
18. The rights to speedy, public, and jury trials and to confront adverse witnesses are found in the _____ Amendment.
a. Sixth
b. Seventh
c. Eighth
d. Ninth
ANSWER: a
19. Which of these is NOT a reason courts would consider decisions from other jurisdictions?
a. There may be no settled law on an issue in a given area.
b. Decisions in other jurisdictions may enable lawyers to detect a trend and anticipate what local courts might do
in the future.
c. Cases from other jurisdictions may be similar.
d. Law mandates courts to follow decisions made by courts in other jurisdictions.
ANSWER: d
20. An easily accessible source of court decisions is:
a. the Internet.
b. a local library.
c. a local law office.
d. All of the answers are correct.
ANSWER: a
Copyright Cengage Learning. Powered by Cognero. Page 4
,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
21. The incorporation controversy involves the _______.
a. Constitution
b. Declaration of Independence
c. Bill of Rights
d. None of the answers are correct.
ANSWER: c
22. To find the case law, one would consult:
a. statutes.
b. constitutions.
c. judicial opinions.
d. administrative regulations.
ANSWER: c
23. U.S. District Court opinions are published in the:
a. federal Supplement.
b. federal Reports.
c. U.S. Reporter.
d. U.S. Cases Review.
ANSWER: a
24. Jurisdiction refers to the _______.
a. power of a court to try a case
b. location of a crime
c. court’s power to determine constitutionality
d. None of the answers are correct.
ANSWER: a
25. The protection against double jeopardy is found in the _______ Amendment.
a. First
b. Fourth
c. Fifth
d. Sixth
ANSWER: c
Copyright Cengage Learning. Powered by Cognero. Page 5
,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
26. The most important rights available to an accused in a criminal prosecution come from the:
a. state constitutions.
b. federal statutes.
c. federal court rules.
d. U.S. Constitution.
ANSWER: d
27. The concept of venue refers to _______.
a. which court has jurisdiction
b. the location where the case is to be tried
c. which judge will try the case
d. the decision as to whether there will be a bench or jury trial
ANSWER: b
28. Federal felony criminal cases are tried in U.S. _______ courts.
a. district
b. magistrate
c. commissioners
d. common plea
ANSWER: a
29. The litigation process in the United States is referred to as a(n) _______ system that relies on the litigants to present
their arguments before a neutral fact finder.
a. dual
b. cooperative
c. adversarial
d. combative
ANSWER: c
30. The right to due process is found in the _______ Amendment to the U.S. Constitution.
a. Fourth
b. Fifth
c. Seventh
d. Fourteenth
ANSWER: d
Copyright Cengage Learning. Powered by Cognero. Page 6
,Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
31. Stare decisis is the principle that _______.
a. a case should be tried where the crime was committed
b. a case can be tried in a state and a federal court
c. new cases should be decided in a fashion consistent with the law established in prior cases
d. a court must have jurisdiction to try a case
ANSWER: c
32. The U.S. Supreme Court currently has _____ members.
a. five
b. seven
c. nine
d. eleven
ANSWER: c
33. The Supreme Court has ruled that trustworthy statements obtained in violation of the Miranda rule may be used:
a. against a defendant in court.
b. in place of testimony.
c. to impeach the credibility of a witness who takes the stand.
d. to shame a defendant in the newspaper.
ANSWER: c
34. The U.S. Supreme Court hears all its cases _______.
a. en banc
b. in panels of three
c. in panels of five
d. in divisions of three
ANSWER: a
35. When a crime is prosecuted in both federal and state courts, it is known as a ________ prosecution.
a. horizontal
b. vertical
c. multiple
d. sideways
ANSWER: b
Copyright Cengage Learning. Powered by Cognero. Page 7
, Name: Class: Date:
Chapter 01: The Court System, Sources of Rights, and Fundamental Principles
36. The number of justices that must agree in order for a case to be heard on its merits by the U.S. Supreme Court is
_______.
a. four
b. five
c. six
d. seven
ANSWER: a
37. Under the broadest notion of the rule of law, _______.
a. no person is above the law
b. the legal system is created for the wealthy
c. everyone is entitled to a fabulous lawyer
d. the accused is as good as guilty
ANSWER: a
38. Judicial review is the power of a court to _______.
a. follow precedents
b. overrule the U.S. Constitution
c. void laws or official acts which are inconsistent with the U.S. Constitution
d. order that courts be closed in times of martial law or war
ANSWER: c
39. In a case citation, the name of the parties is called the _______.
a. case title
b. abstract
c. summary
d. synopsis
ANSWER: a
40. A case citation indicates _______.
a. whether or not stare decisis was followed
b. where an opinion may be found
c. whether the defendant was convicted or acquitted
d. where the court sat when it decided the case
ANSWER: b
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