School Improvement in Maryland

Public Release Item: Public Release items have appeared on HSA forms and then are released for public viewing and use. Releasing items is one step to ensuring that schools, districts, and other stakeholders understand how the core learning goals are assessed on the HSA.

Goal 1 Political Systems

Expectation 1.2 The student will evaluate how the United States government has maintained a balance between protecting rights and maintaining order.

Indicator 1.2.5 The student will analyze elements, proceedings, and decisions related to criminal and civil law.

Assessment Limits:

  • Compare and contrast the elements, proceedings and decisions of civil and criminal law.
  • Civil law: plaintiff, defendant, contract, breach of contract, torts (lawsuits involving negligence), damages, preponderance of evidence, petit jury, and out-of-court settlements.
  • Criminal law: defendant, prosecutor, reasonable doubt, felony, misdemeanor, grand jury, indictment, probable cause, presumption of innocence, plea bargaining, writ of habeas corpus, and subpoena.

Selected Response Item - Released in 2001

A person suing another person in a civil case is called the

  1. counsel
  2. defendant
  3. plaintiff
  4. prosecutor
/share/clg/xml/public_release/government/2001_125_gov28.xml

Correct Answer:
C

Selected Response Item - Released in 2001

What legal tool is available to prisoners who believe they are being jailed illegally?

  1. an injunction
  2. a subpoena
  3. a plea-bargaining agreement
  4. a writ of habeas corpus
/share/clg/xml/public_release/government/2001_125_gov49.xml

Correct Answer:
D

Selected Response Item - Released in 2003

A homeowner signed a written agreement with a roofing company to have an old roof replaced.

In the United States legal system, this type of written agreement is called a

  1. contract
  2. misdemeanor
  3. negotiation
  4. tort
/share/clg/xml/public_release/government/2003_125_gov33.xml

Correct Answer:
A

Selected Response Item - Released in 2003

The prosecutor in a criminal case is the person who

  1. represents the defendant
  2. represents the government
  3. serves as head of the jury
  4. presides as judge
/share/clg/xml/public_release/government/2003_125_gov18.xml

Correct Answer:
B

Selected Response Item - Released in 2004

Which of these would most likely be indicted by a Maryland grand jury?

  1. a professional football player refusing to honor his contract
  2. a neighbor having a property dispute with another homeowner
  3. a car owner testifying about the theft of her car
  4. a person videotaped robbing a state bank
/share/clg/xml/public_release/government/2004_125_gov02.xml

Correct Answer:
D

Selected Response Item - Released in 2004

Which of these terms is used to describe a party who files a civil lawsuit?

  1. prosecutor
  2. defendant
  3. plaintiff
  4. mediator
/share/clg/xml/public_release/government/2004_125_gov38.xml

Correct Answer:
C

Selected Response Item - Released in 2005

Which of these is an example of plea-bargaining?

  1. A jury determines the sentence for a person convicted of a crime.
  2. A police officer collects evidence to obtain a search warrant.
  3. A judge reviews evidence to determine whether a police officer violated a citizen's rights.
  4. A defendant admits guilt to a less serious charge instead of being tried for a more serious one.
/share/clg/xml/public_release/government/2005_125_gov20.xml

Correct Answer:
D

Selected Response Item - Released in 2005

In a criminal case, the prosecutor is responsible for

  1. handing down a sentence
  2. representing the government
  3. providing testimony under oath
  4. making sure the law is passed
/share/clg/xml/public_release/government/2005_125_gov50.xml

Correct Answer:
B

Selected Response Item - Released in 2002

What is the purpose of an indictment?

  1. to formally charge a person with a crime
  2. to advise a person of the right to remain silent
  3. to sentence a person who has been convicted
  4. to decide whether a person is guilty or not guilty
/share/clg/xml/public_release/government/2002_125_gov18.xml

Correct Answer:
A

Selected Response Item - Released in 2002

Which of these is the best example of plea bargaining in a criminal case?

  1. A defense attorney requests that the police release a suspect from jail.
  2. A defense attorney and a prosecutor negotiate the charges against a defendant.
  3. A judge questions the police about their reasons for requesting a search warrant.
  4. A judge listens to a defendant's plea for leniency before pronouncing sentence.
/share/clg/xml/public_release/government/2002_125_gov25.xml

Correct Answer:
B

Brief Constructed Response (BCR) Item - Released in 2002

In many criminal cases, the prosecutor and defense attorney engage in plea bargaining before a trial begins. Often, the prosecutor will reduce the charges if the accused agrees to plead guilty.

  • What advantages does each side gain from this type of agreement?
  • Include details and examples to support your answer.

Write your answer on the lines in your Answer Book.

/share/clg/xml/public_release/government/2002_125_gov57.xml

View Scoring Information

Brief Constructed Response (BCR) Item - Released in 2006

Use your knowledge about government to answer the BRIEF CONSTRUCTED RESPONSE.

  • What is the difference between “preponderance of evidence” in a civil case and “reasonable doubt” in a criminal case?
  • Should there be different standards of proof? Why or why not?
  • Include details to support your answer.

Write your answer on the lines in your Answer Book.

/share/clg/xml/public_release/government/2006_125_gov06.xml

View Scoring Information

Selected Response Item - Released in 2006

Which of these is an example of plea bargaining?

  1. A defense lawyer asks the judge to consider special circumstances.
  2. A defendant admits guilt to a lesser charge to avoid a harsher sentence.
  3. A judge instructs the jury to consider a wide range of sentencing options.
  4. A grand jury fails to find enough evidence to support a charge.
/share/clg/xml/public_release/government/2006_125_gov22.xml

Correct Answer:
B

Selected Response Item - Released in 2006

Which of these is a violation of civil law?

  1. taking a souvenir shirt without paying for it
  2. driving through a red light on the highway
  3. breaking a legal contract
  4. refusing to report for jury duty
/share/clg/xml/public_release/government/2006_125_gov54.xml

Correct Answer:
C

Selected Response Item - Released in 2007

Which of these legal documents orders a witness to appear in court?

  1. a contract
  2. a subpoena
  3. an indictment
  4. a search warrant
/share/clg/xml/public_release/government/2007_125_gov15.xml

Correct Answer:
B

Selected Response Item - Released in 2007

Which of these is required by a judge before police can obtain a search warrant?

  1. probable cause linking the person to the crime
  2. reasonable doubt no other person is responsible
  3. plea bargaining to reduce charges
  4. a preponderance of evidence against the accused person
/share/clg/xml/public_release/government/2007_125_gov47.xml

Correct Answer:
A

Selected Response Item - Released in 2008

In which of these circumstances will a judge grant a writ of habeas corpus?

  1. the accused person is charged with negligence
  2. the accused person is being held without cause
  3. the accused person is under the age of eighteen
  4. the accused person is a repeat offender
/share/clg/xml/public_release/government/2008_125_gov13.xml

Correct Answer:
B

Brief Constructed Response (BCR) Item - Released in 2008

Read the information below and use it to answer the BRIEF CONSTRUCTED RESPONSE that follows.

In a civil case, plaintiffs and defendants often reach out-of-court settlements instead of bringing a case to trial.

  • Describe the advantages and disadvantages of an out-of-court settlement.
  • Should judges and attorneys encourage out-of-court settlements? Explain why or why not.
  • Include details and examples to support your answer.

Write your answer on the lines in your Answer Book.

/share/clg/xml/public_release/government/2008_125_gov15.xml

View Scoring Information

Selected Response Item - Released in 2008

The role of a grand jury is to determine

  1. whether there is enough evidence for an indictment
  2. what evidence may be admitted during the trial
  3. how much money should be awarded in a court case
  4. whether the defendant in a trial is guilty or innocent
/share/clg/xml/public_release/government/2008_125_gov35.xml

Correct Answer:
A

Selected Response Item - Released in 2009

Which of these describes a breach of contract?

  1. A business awards work to a company with the lowest bid.
  2. A homeowner refuses to pay a carpenter for completed work.
  3. A worker is laid off from a company experiencing financial problems.
  4. A computer store gives a customer a refund on a broken computer.
/share/clg/xml/public_release/government/2009_125_gov28.xml

Correct Answer:
B

Selected Response Item - Released in 2009

For which of these situations could a writ of habeas corpus be issued?

  1. A defendant plea-bargains in exchange for a lighter sentence.
  2. A police officer searches an apartment without a search warrant.
  3. A suspect is kept in jail without being charged with a crime.
  4. A judge rules that certain evidence cannot be used in a trial.
/share/clg/xml/public_release/government/2009_125_gov57.xml

Correct Answer:
C

Selected Response Item - Released in 2009

Based on due process, which of these instructions would a judge give to the jury in a criminal trial?

  1. Presume the accused is innocent.
  2. Request a retrial if testimony is unclear.
  3. Disregard evidence in closing arguments.
  4. Give a preference for trial location.
/share/clg/xml/public_release/government/2009_125_gov69.xml

Correct Answer:
A

Selected Response Item - Released in 2009

Which of these decides the verdict in a felony trial?

  1. the plaintiff
  2. the petit jury
  3. the grand jury
  4. the prosecutor
/share/clg/xml/public_release/government/2009_125_gov73.xml

Correct Answer:
B