Ch.13 test - Coach Bean

Réussis tes devoirs et examens dès maintenant avec Quizwiz!

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


Ensembles d'études connexes

Civil war and reconstruction test bank

View Set

AWS Academy Cloud Architecting [2606] - Module 10 Knowledge Check

View Set

Health and life Insurance practice exam

View Set

DCF Child Abuse and Neglect (CAAN)

View Set

Chapter 1: The Nursing Assistant in Long-Term Care

View Set