ADJU 210

governmental agencies

Administrative regulations are developed by which of the following?

Insanity

An example of an excuse defense is

Fifth and Fourteenth Amendments

Legislatively mandated presumptions are limited by the due process clauses of the

false

Probable cause is not associated with criminal proceedings.

false

Probable cause to search always creates probable cause to arrest.

True

Some critics of judicial notice have argued that it violates the Constitution.

broadly

Statutes are often written

false

The Constitution becomes irrelevant once a lawful warrant is secured.

powers of the federal government.

The Constitution is primarily concerned with setting forth the

Smith v. Maryland

The Court declared that a person does not have a reasonable expectation of privacy in phone numbers he or she dials, in

true

The bulk of the Supreme Court's docket is composed of cases taken on appeal from either the federal Courts of Appeal or state supreme courts. Correct!

True

The bulk of the Supreme Court's docket is composed of cases taken on appeal from either the federal courts of appeal or state supreme courts.

True

The federal court of appeals is occasionally referred to as "circuit court."

Determine if there is probable cause

The main purpose of the preliminary hearing is to

true

The process of questioning jurors is referred to a voir dire.

True

Courts rarely look at individual's subjective expectation of privacy, opting instead to focus on a more general societal expectation of privacy.

True

Judicial notice is best understood as a method for saving time.

Judicial notice of adjudicative facts

Matters of general knowledge not otherwise connected to statutes, constitutions, administrative rules, or other sources of law are called

False

Presumptions of fact are required by law.

Direct or circumstantial

Real and testimonial evidence can be

both judge-made law and legislative law.

Sources of law include

Mapp v. Ohio

The Court explicitly applied the remedy of the exclusionary rule to the states in

District court, court of appeals, and the Supreme Court

The Federal court system is today composed of three primary tiers. They are, in order:

Individual people, whether a citizen or not; the individual as a whole, both internal and external or oral communications

The Fourth Amendment protects "persons, houses, papers, and effects" from unreasonable searches and seizures. The term "person" describes

False

The M'Naghten test is broader than the right-wrong test, but critics have argued that it ignores mental illnesses that involve reflection.

Suits between states

The Supreme Court has original jurisdiction over which of the following?

True

The Supreme Court is considered the "court of last resort."

false

The three key actors in court are: judges, prosecutors, and the defendant.

common law and legislation.

The two most common primary sources of law are

true

There are two ways that charges may be filed against a defendant—either by information or a petition.

Irresistible impulse test

This test holds that the defendant is not responsible if a mental disease kept him from controlling his conduct, even if he knows his conduct is wrong.

Substantial capacity test

This test was developed by the American Law Institute, which drafted the Model Penal Code, and it became the majority rule during the 1970s. It is a modified version of the right-wrong and irresistible impulse tests.

True

Until recently, much of the federal court docket comprised civil cases.

False

Very few states today have case law, which provides some definition of reasonable doubt.

False

Voluntary intoxication provides a complete defense.

None of the above

_________ is generally regarded with a high level of credibility.

Plea bargaining

Judicial notice is actually much like

Statutory or constitutional law

A court's jurisdiction is conferred by

True

Justification and excuse defenses are referred to as affirmative defenses.

True

Arrest warrants have many different restrictions than search warrants.

False

Conclusive presumptions are much more common than rebuttable presumptions.

true

Congress has not imposed time limits on federal habeas petitions.

False

Evidence concerning a person's character is direct evidence.

Direct evidence

Evidence that proves a fact without the need for the juror to infer or presume anything from it is

Sidewalks, streets or outside the curtilage of a home

Lawful vantage points include

False

Federal district courts are courts of general jurisdiction.

true

Generally, the use of a device that enhances the senses, instead of replaces the senses, is not considered a search.

True

In 1949, in Wolf v. Colorado, the Supreme Court applied the Fourth Amendment against the states, incorporating it into the Due Process Clause of the Fourteenth Amendment. However, the Court refused to apply the remedy of the exclusionary rule to the states.

Preponderance of the evidence

In civil matters, the burden of proof is typically by

Elected

Most state prosecutors are