Ch.13 test - Coach Bean
The Sixth Amendment guarantees which of the following to the accused?
Counsel, jury, and witnesses
Appeals are possible only in the event of violations of procedural due process
False
In order to make fair decisions without undue influence by outside forces, judges must be elected
False
New evidence and witnesses may be presented in an appeals court.
False
Which judges may be selected by popular vote, legislative vote, or appointment?
Only state court judges
What are the steps in the trial process ordered from first to last?
Opening statements, examinations, closing statements, jury instructions, verdict
How is the judiciary branch checked by other branches?
The president appoints federal judges with the advice and consent of the Senate
The judicial branch has the power to determine whether laws and actions of government comply with the constitution thru judicial review
True
Which court has the power to overrule the decision of a federal appeals court?
U.S. Supreme Court
error of law
a justifiable cause to appeal a verdict
What does a plea bargain usually involves?
admission to a lesser crime
For an appeal to have strength and validity, the error of law in the trial court must have...
affected the outcome of the trial
A successful appeal will most likely...
align with precedent
public defender
appointed by the court to uphold the th amendment
Ferderal judges are...
appointed by the president and confirmed by the Senate
In order to safeguard against corruption and ensure impartiality, federal judges are...
appointed for life terms
Many people accused of crimes settle criminal cases through plea bargains to...
be sentenced for a lesser crime
State judges are selected by...
both popular and legislative election
How does stare decisis most strengthen the nation's legal system?
by adding stability and predictability
The power of judicial review serves to...
check the executive and legislative branch
jury
citizens that render a verdict in a case based on evidence
Justices in an appellate court who agree with the ruling opinion but disagree with the reasons for the opinion may...
contribute a concurrent opinion
Adversarial
court system in which opposing sides argue their case and present witnesses
inquisitorial
court system in which the judge plays an active role in gathering and presenting evidence
The U.S. Supreme Court has the power to...
declare laws unconstitutional
Who most benefits from public defenders?
defendants who cannot afford their own counsel
limited government
democratic principle preserved through the existence of judicial review
A successful appeals case must...
demonstrate a significant error of law or violation of due process
The judicial branch checks other branches of government by...
determining laws' constitutionality
If the trial court judge instructs the jury incorrectly, then the defendant may appeal the verdict based on...
error of law
The earliest known written laws, on which many modern American laws are based, were the ten commandments
false
The legal principle of stare decisis means that courts often challenge precedent in their decisions.
false
The most significant basis of the American legal system is the Roman Twelve Tables
false
When deciding an appeals case, justices must...
follow precedents established by higher courts
Jurisdiction is determined by...
geography, parties, and types of laws involved
civil trial court
hears cases in which one person or group thinks that another should pay for causing harm
Criminal trial court
hears cases such as burgulary, murder, and assult
The judicial branch promotes the rule of law by using judicial review to...
hold government accountable to the laws
presidential appointment
how federal judges are selected
What are juries intended to contribute to trial courts?
impartiality
What is the most democratic aspect of a criminal trial?
jury
Trial courts can be found at...
local, state, and federal levels
Juries are important in part because they enable citizens to...
participate in the court process
The Supreme Court ruling in Texas v. Johnson has served as ___________ for later free speech cases.
precedent
The final clause in the Sixth Amendment has been used to justify the provision of which the following?
public defenders
To preserve the democratic principles of checks and balances, courts can only decide questions of law if...
questions are brought to them in the form of cases
The main difference between adversarial and inquisitorial systems is in the...
role of the court
Which courts can hear cases involving federal laws?
state and federal courts only
Family law, juvenile law, probate law, and traffic law all fall under the jurisdiction of...
state courts
Criminal courts resolve cases between...
state prosecutors and defendents
U.S. Supreme Court
the body that decides appeals of lower appellate court decisions
Federal courts can decide questions of state law if...
the case involves parties in different states
majority opinion
the decision of the court in an appellate case
prosecutor
the government, when it initiates a criminal court
plaintiff
the party in a civil case that accuses another party of causing damage
defendant
the party that responds to charges brought by a plaintiff or a prosecutor
Limited jurisdiction
the type of power held by federal courts
Why must the judicial branch be an independent branch of government?
to keep judges fair and impartial
Majority and concurrent opinions agree on the decision in an appellate case but disagree on the reason for the decision.
true
The main purpose of the judicial branch of government is to interpret the laws.
true
court Cases must go through trial courts before they can go to appeals courts
true
adversarial
type of court system accused of being more about achieving victory than finding the truth
procedural due process
violation of this is cause for appeal
appellate jurisdiction
what courts need in order to hear an appeals case
statutes
what federal courts generally deal with
general jurisdiction
what state courts have
questions of law
what the judicial branch interprets to promote the rule of law
original jurisdiction
what trial courts have over criminal and civil cases
municipal courts
where cases involving city ordinances are decided
tribal courts
where cases on reservations are decided
military courts
where court martials take place
state courts
where most legal cases are decided
reservations
where tribal courts operate
Justices on an appeals court, including the U.S. Supreme Court, who disagree with the majority ruling can...
write a dissenting opinion
William Blackstone
wrote Commentaries on the Laws, used by colonists to interpret English common law
Roman Law
An early legal standard that included the Twelve Tables and Justinian's code
