ASU CRJ203 Exam 1

anglo-american law

US law

law

a body of rules enacted by public officials in a legitimate manner and backed by the force of the state

Defense of Justification

a category of legal defense in which the defendant admits committing the act in question but claims it was necessary to avoid some greater evil

dual court system

a court system made up of both federal and state courts

alibi defense

a defense requiring proof that the defendant could not have been at the scene of the crime

In __________, Congress passed the Judges Bill. A. 1842 B. 1925 C. 1954 D. 1987

1925

The United States has how many U.S. District Courts? A. 59 B. 78 C. 94 D. 111

94

Geographical Jurisdiction

Geographical area over which courts can hear and decide disputes.

In which case did the U.S. Supreme Court hold that indigent defendants charged with a felony are entitled to the services of a lawyer paid for by the government? A. Miranda v. Arizona B. Gideon v. Wainwright C. Plessey v. Ferguson D. U.S. v. Wade

Gideon v. Wainwright

precedent

How similar cases have been decided in the past.

Basis of Law

Human conflict

Which of the following gave the U.S. Supreme Court the authority to invalidate an act of Congress as unconstitutional? A. Marbury v. Madison (1803) B. Article III of the U.S. Constitution C. The Judiciary Act of 1789 D. The Judiciary Act of 1801

Marbury v. Madison (1803)

mistake of fact

Mistake of fact is a defense ONLY WHEN THE MISTAKE NEGATES INTENTION

Which federal court has original jurisdiction over disputes between states? A. Legislative Court B. District Court C. Court of Appeals D. Supreme Court

Supreme Court

appellate jurisdiction

The authority of a court to review decisions made by lower courts

attendent circumstances

The facts surrounding an event.

bill of rights

The first ten amendments to the Constitution

criminal justice system

The numerous public agencies involved in implementing public policy concerning crime

What is a fragmented system?

Thousands of parts. Law in action that comes down to discretion

Media coverage can provide caricatures, not pictures, of courts and the criminal justice system. A. True B. False

True

defense of infancy

a defense that claims that individuals below a certain age should not be held criminally liable for their actions by virtue of their young age

adversary system

a judicial system in which opposing lawyers present their strongest cases

juvenile delinquency

antisocial or criminal behavior of young people

bankruptcy judges

appointed for 14-year-terms.

concurrent jurisdiction

authority for both state and federal courts to hear and decide cases

selective incorporation

court cases that apply Bill of Rights to states

appellate court

court that generally reviews only findings of law made by lower courts

substantive law

creates legal obligations

procedural defenses

defense based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished

defense of excuse

defenses based on the idea that what the defendant did was a crime but under the circumstances he wasn't responsible for what he did (insanity)

due process of law

denies the government the right, without due process, to deprive people of life, liberty, and property

Law in Action (vs. law on the books)

law in action - judges discretion law on the books- what is in the books

municipal ordinance

law passed by a local unit of government

insanity defense

legal defense proposing that people shouldn't be held legally responsible for their actions if they weren't of "sound mind" when committing them

criminal defenses

legally recognized justification for illegal actions, or acceptance that individuals were not legally responsible for their actions

misdemeanors

less serious crimes usually punishable by a sentence in a local jail

Which of the following is the primary reason for high turnover among assistant district attorneys? A. little formal on-the-job training B. low salaries C. high stress D. little opportunity for promotion

low salaries

Jurisdiction

power of a court to decide

Another word for stare decisis is: A. substantive law. B. procedural law. C. precedent. D. constitution

precedent.

The ____________ is the most influential of the courthouse actors. A. prosecutor B. judge C. juror

prosecutor

self-defense

use of force that appears reasonably necessary for the self-protection of an intended victim

What is the name given to the particular location or area in which a court having geographic jurisdiction may hear a case? A. venue B. stay C. Venire D. federal question

venue

due process model

A criminal justice perspective that emphasizes individual rights at all stages of justice system processing.

crime control model

A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders. - Assembly line

US magistrate judge

A federal trial judge who is appointed by a district court judge and who presides over various civil cases with the consent of the parties and over certain misdemeanor cases.

criminal law

A law that defines crimes against the public order.

civil law

A law that governs relationships between individuals and defines their legal rights.

Extradition

A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

Common Law

A legal system based on custom and court rulings

Defense of Necessity

A person may commit an otherwise criminal act if that person is acting in an emergency situation to protect himself or others from a threatened injury to person or property. The person claiming the defense of necessity may act on appearances. A reasonable mistake is permitted.

felonies

A serious criminal offense punishable by a prison sentence of more than one year

constitution

A written plan of government

Which courts are tribunals created by Congress to handle specialized types of cases? A. Article III courts B. Article II courts C. state courts D. Article I courts

Article I courts

Which article of the U.S. Constitution established the U.S. Supreme Court and gave Congress the power to create lower courts? A. Article I B. The U.S. Constitution did not establish the U.S. Supreme Court C. Article II D. Article III

Article III

trial court

Court of original jurisdiction where cases begin

Federal judges are elected in district-wide elections. A. True B. False

False

Which U.S. Supreme Court decision acknowledged a defendant's right to self-representation? A. Argersinger v. Hamlin B. Strickland v. Washington C. Powell v. Alabama D. Faretta v. California

Faretta v. California

guilty act

actus reus

What is the name of rules and regulations adopted by administrative agencies that have the force of law? A. statutory regulations B. constitutional regulations C. administrative regulations D. due process regulations

administrative regulations

In ____________ courts, no jurors are employed and no witnesses are heard. A. state intermediate appellate B. superior courts C. federal circuit courts D. both the first and third answer choices are correct

both the first and third answer choices are correct

The role of the prosecutor involves two major characteristics: decentralization and what else? A. deference B. commitment C. broad discretion D. willingness to compromise

broad discretion

Heavy caseloads of the federal courts result in which problem(s)? A. burdens those who work in the courts B. delay cases for litigants C. burdens those who work in the courts and delays cases for litigants D. None of these answers is correct.

burdens those who work in the courts and delays cases for litigants

When they first begin working as prosecutors, rookie assistant attorneys learn important unwritten rules, legal practices, and appropriate penalties: A. primarily through personal experience with informal awards and sanctions. B. at law school. C. under direct, close supervision of the district attorney. D. by asking questions of experienced prosecutors, court clerks, and police officers.

by asking questions of experienced prosecutors, court clerks, and police officers.

judge-made law

common law

In contrast to federal judges, most state judges are: A. appointed by the governor B. appointed by the state legislature. C. appointed by the state supreme court. D. elected

elected

corpus delicti

elements of a crime

procedural law

establishes the methods of enforcing the rights established by substantive law

The U.S. Supreme Court's ruling in Brady v. Maryland prevents the suppression of what type of evidence? A. incriminating B. exclamatory C. exculpatory D. confessions

exculpatory

The office of the prosecutor is in which branch of government? A. executive B. legislative C. judicial D. administrative

executive

In states without intermediate appellate courts, state supreme courts: A. have complete discretion over the cases placed on their dockets. B. have no power to choose which cases will be placed on their dockets. C. hear only civil cases. D. hear only criminal cases.

have no power to choose which cases will be placed on their dockets.

Litigants in state courts are most often: A. large and small businesses B. individuals and small businesses. C. large businesses and governmental bodies. D. individuals and governmental bodies.

individuals and small businesses.

Which issue related to the right to counsel did Padilla v. Kentucky involve? A. ineffective assistance of counsel B. plea bargains C. mental illness D. self-representation

ineffective assistance of counsel

criminal intent

intent to commit an evil act in violation of a statute

The key characteristics of common law include all of the following, EXCEPT: A. it is predominately judge-made B. it is based on justice. C. it is found in multiple sources. D. it applies rules of law found in previous cases.

it is based on justice

An advantage to the public defender system is that: A. it likely provides more experienced counsel. B. excellent private attorneys may be appointed. C. legal fees are kept down because attorneys compete for clients. D. the due process model is more likely to be followed.

it likely provides more experienced counsel.

CSI effect

jurors want scientific evidence

venue

narrow land boundaries

Criminal justice is best viewed as a system and a: A. conglomerate B. business C. nonsystem D. victim's agency

nonsystem

Which event following the Civil War produced fundamental changes in the structure of the American judiciary? A. decreases in population B. rapid industrialization C. lower volumes of litigation D. decreases in urban populations

rapid industrialization

What is the name of automatic discovery for certain types of evidence, without the necessity for motions and court orders? A. reciprocal disclosure B. informal disclosure C. formal disclosure D. imperfect disclosure

reciprocal disclosure

administrative regulations

rules made by state and federal administrative agencies

Magistrate judges are: A. nominated by the president and confirmed by the Senate. B. elected by voters in their district. C. selected by the U.S. Supreme Court D. selected by U.S. district court judges.

selected by U.S. district court judges.

Which Amendment provides the right to counsel? A. fourth amendment B. fifth amendment C. sixth amendment D. seventh amendment

sixth amendment

The United States has a dual court system consisting of: A. district and superior courts. B. trial and appellate courts C. criminal and civil courts. D. state and federal courts

state and federal courts

Who is the presiding office of the U.S. Supreme Court? A. the President B. the Attorney General C. the Senate Majority Leader D. the Chief Justice

the Chief Justice

hierarchal jurisdiction

the authority of a court to hear a case based on where the case is located in the system

original jurisdiction

the authority to hear cases for the first time

U.S. District Courts

the courts where most federal cases begin, the U.S. District Courts are courts of original jurisdiction and hear civil and criminal cases

The Rule of Four refers to: A. the number of justices required to vote in favor of granting certiorari to review a case B. the number of justices required to uphold or overturn a lower court ruling. C. the maximum number of presenters allowed during oral arguments. D. the minimum number of justices required to publish a dissenting opinion.

the number of justices required to vote in favor of granting certiorari to review a case

result

the outcome of an experiment or problem

Personal Jurisdiction

the power of a court to force a person to appear before it

Subject Matter Jurisdiction

the power of a court to hear a particular type of case

Lower courts handle what stages of felony cases? A. the final stages B. the intermediate stages C. the appeal stages D. the preliminary stages

the preliminary stages

How many statutory responsibilities do U.S. Attorneys have? A. one B. two C. three D. four

three

Which type of case had the most filings in state trial courts in 2013? A. traffic B. criminal C. civil D. domestic relations

traffic

What is the name of a court that has original jurisdiction? A. trail court B. appellate court C. legislative court D. traffic court

trial court

attempts

tries

Geo juris

wide land boundaries where crime occured

statutes

written laws enacted by legislatures