civics ch. 13
precedent
US supreme court ruling in texas vs. johnson has served as _______ for later free speech cases
false
appeals are only possible in the event of violations of procedural due process
public defender
appointed by court to uphold 6th amendment
jury
citizens that render a verdict in a case based on evidence
true
court cases must go through trial courts before they can go to appeals courts.
adversarial
court system in which opposing sides argue their case and present witnesses
US supreme court
court that has the power to overrule the decision of a federal appeals court
the case involves parties in different states
federal courts can decide questions of state law if _____
appointed by the president and confirmed by the senate
federal judges are ______
affected the outcome of the trial
for an appeal to have strength and validity, the error of law in the trial court must have _____
criminal trial court
hears cases such as burglary, murder, and assault
adds stablility and predictability
how does stare decisis most strengthen the nation's legal system?
-hammurabi: "eye for an eye"; criminal law, property law, family law -10 commandments: ephasis on social and individual responsibility, moral and ethical values
how have code of hammurabi and the 10 commandments influenced the american system of law?
president appoints federal judges w the advice and consent of the senate
how is the judiciary branch checked by other branches?
legislative - writes laws executive- enforces judicial- interprets
how to the 3 branches of gov work together to establish laws?
error of law
if the trial court judge instructs the jury incorrectly, then the defendant may appeal the verdict based on ______
false
in order to make fair decisions without undue influence by outside forces, judges must be elected
-resolves confict btw individuals and groups -protects from gov power -defines criminal acts and determines punishment
key functions of law in democratic societies
role of the court
main difference btw adversarial and inquisitorial systems
true
majority and concurrent opinions agree on the decision in an appellate case but disagree on the reason for the decision
jury
most democratic aspect of criminal trial
false
new evidence and witnesses may be presented in an appeals court.
plaintiff
party in a civil case that accuses another party of causing damage
admission to a lesser crime
plea bargain usually involves _____
justinian
set a precedent for codifying complex bodies of law
election and appointment
state judges are selected by _____
counsel, jury, and witnesses
the 6th amendment guarantees what to the accused?
false
the earliest known written laws, on which many modern American laws are based, were the 10 commandments
rule of law
the idea that no individual, group, organization, or gov entity is above the law
determining laws' consitutionality
the judicial branch checks other branches of gov by ____
true
the judicial branch has the power to determine whether laws and actions of gov comply with the constitution through judicial review
false
the legal principle of stare decisis means that courts often challenge precedent in their decisions.
true
the main purpose of the judicial branch of gov is to interpret the laws
false
the most significant basis of the american legal system is the roman 12 tables
declare laws unconstitutional
the us supreme court has the power to __
questions are brought to them in the fom of cases
to preserve the democratic principles of checks and balances, courts can only decide questions of law if ___
local, state, and federal levels
trial courts can be found at _____
limited jurisdiction
what federal courts have
general jurisdiction
what state courts have
municipal courts
where cases involving city ordinances are decided
tribal courts
where cases on reservations are decided
state courts
where most legal cases are decided
state and federal courts only
which courts can hear cases involving federal laws?
made by judges as they resolve individual cases
why is english common law an important basis of the american legal system?