How can burden of proof in a criminal case be best described

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Reference no: EM13277048

1. Which of the following is responsible for managing the state owned mineral rights and state owned lands?

a. Railroad Commission

b. Public Utility Commission

c. General Land Office

d. comptroller

e. secretary of state

2. Which of the following parts of the executive branch regulates various areas of business and industry in Texas?

a. Administrative Departments

b. Licensing Boards

c. Regulatory Boards

d. Social Service Agencies

e. the LBB

3. Which of the following commissions is responsible for licensing and regulating various professionals?

a. Administrative Departments

b. Licensing Boards

c. Regulatory Boards

d. Social Service Agencies

e. the LBB

4. How can the burden of proof in a criminal case be best described?

a. The defense must prove its case by a preponderance of the evidence.

b. The prosecution must prove its case by a preponderance of the evidence.

c. The defense must prove its case beyond a reasonable doubt.

d. The prosecution must prove its case beyond a reasonable doubt. e. None of the above.

5. In a criminal case, a judge decides that the weight of evidence is almost equally balanced between the prosecution and the defense with the prosecution enjoying a slight advantage. How does the judge decide the case?

a. The judge finds the defendant guilty because the prosecution need only prove its case by a preponderance of the evidence.

b. The judge finds the defendant not guilty because the prosecution has failed to prove its case beyond a reasonable doubt.

c. The judge orders a new trial because the weight of evidence is almost evenly balanced.

d. The judge finds the defendant guilty because the defense has failed to prove its case by a preponderance of the evidence. e. The judge orders a jury trial because he or she cannot reach a decision.

6. Which of the following is an example of a misdemeanor?

a. murder

b. sexual assault

c. auto theft

d. illegal parking

e. breaking and entering

7. Which of the following legal disputes is an example of a criminal dispute?

a. a dispute between a homeowner and a contractor over a roof repair job

b. a dispute over the custody of a child

c. a dispute between a retailer and a former employee over the theft of clothing

d. a dispute between a dentist and a former patient over the quality of dental work

e. a dispute between two property owners over their property line

8. Which of the following legal disputes is an example of a civil case?

a. A man is accused of burglarizing a house.

b. A woman is accused of failing to pay a repair person for services rendered.

c. A man is accused of driving the wrong way on a one-way street.

d. A teen is convicted of loitering.

e. None of the above.

9. Which of the following is the best example of a tort case?

a. A woman files suit after being injured in an automobile accident.

b. A father sues his ex-wife for custody of their two children.

c. A man is charged with driving while intoxicated.

d. A corporation sues another corporation over the terms of a contract.

e. A young woman is charged with shoplifting.

10. Probate cases deal with what type of legal subject?

a. Ownership of real estate or personal possessions, such as land or jewelry.

b. The relationship between husband and wife, such as divorce.

c. Disputes over written or implied legal agreements.

d. The disposition of the property of a deceased person.

e. Personal injury.

11. The procedure in which a defendant agrees to plead guilty in order to receive punishment less than the maximum for an offense is known by which of the following terms?

a. plea bargaining

b. judicial review

c. judicial activism

d. settling out of court

e. remand

12. Which of the following Texas courts would hear a case involving the violation of a city ordinance?

a. justice of the peace court

b. municipal court

c. constitutional county court

d. district court

e. statutory county court

13. Which of the following courts would be most likely to try a case involving a routine traffic offense?

a. justice of the peace court

b. district court

c. Texas Court of Criminal Appeals

d. Texas Supreme Court

e. constitutional county court

14. A maintenance man decides to sue a homeowner for $450 for failing to pay him for services performed. In which of the

following courts would the man be able to file suit and present his case without having to hire an attorney?

a. justice of the peace court

b. municipal court

c. statutory county court

d. district court

e. constitutional county court

15. Which of the following courts would be most likely to try a case involving an alleged violation of a Class A misdemeanor?

a. justice of the peace court

b. municipal court

c. county court

d. district court

e. court of criminal appeals

16. An individual charged with a serious felony offense, such as sexual assault or robbery, would be tried in which of the following Texas courts?

a. justice of the peace court

b. municipal court

c. county court

d. district court

e. court of criminal appeals

17. An individual suing another individual for a substantial sum of money would most likely file the case for trial in which of the following Texas courts?

a. justice of the peace court

b. municipal court

c. county court

d. district court

e. supreme court

18. A Texas district court convicts a man of capital murder and sentences him to death by lethal injection. To which of the following courts would an appeal initially be taken?

a. Texas Court of Appeals

b. Texas Court of Criminal Appeals

c. Texas Supreme Court

d. U.S. Supreme Court

e. Justice of the Peace Court

19. The loser in a civil suit tried in district court could initially appeal to which of the following courts?

a. Texas Court of Appeals

b. Texas Supreme Court

c. Texas Court of Criminal Appeals

d. U.S. Supreme Court

e. Justice of the Peace Court

20. Which of the following courts is the highest appellate court in the state of Texas for civil cases?

a. Texas Court of Appeals

b. Texas Court of Criminal Appeals

c. Texas Supreme Court

d. Texas District Court e. Texas Court of Judicial Review

Reference no: EM13277048

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