Unit 7

belief that judges should apply the constitution in light of current conditions

"living" constitution

what does a plea bargain usually involve

admission to a lesser crime

court system in which opposing sides argue their case and present witnesses

adversarial

for an appeal to have strength and validity, the error of law in the trial court must have

affected the outcome of the trial

what is an effect of gideon v. wainwright

an attorney must be provided for indigent defendants in state felony cases

federal judges are appointed by

appointed by the president and confirmed by the senate

being taken into custody

arrested

the constitution requires that a supreme court justice

be confirmed by the senate

state judges are selected by

both election and appointment

a pivotal civil liberties case in which the court was not bound by precedent was

brown v. board of education

how does stare decisis most strengthen the nation's legal system

by adding stability and predictability

the legislative branch can check the power of the supreme court because it

can remove justices

if a justice agrees with the majority's opinion, but has different reasoning, he or she may issue a

concurring opinion

the sixth amendment guarantees which of the following to the accused

counsel, jury, and witnesses

hears cases such as burglary, murder, and assault

criminal trial court

the us supreme court has the power to

declare laws unconstitutional

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

no right to use illegally obtained evidence

exclusionary rule

advances in technology have allowed businesses, organizations, individuals, and the government to collect and store information in ways that america's founders certainly imagined

false

appeals are possible only in the event of violations of procedural due process

false

because of broad media coverage, address this is confirmation is no longer contentious

false

if an interest group wants to explain to the supreme court why a case should be decided in a particular way, the group can submit a writ of certiorari

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

the constitution says that a supreme court justice must be at least 35 years of age

false

the earliest known written laws, on which many modern american laws are based, were the 10 commandments

false

the legal principle of state decisis means that courts often challenge precedents in their decisions

false

the most significant basis of the american legal system is the roman 12 tables

false

the president nominates supreme court justices, but the senate elects other federal judges

false

the supreme court has appellate jurisdiction in those cases involving representatives of foreign governments

false

the supreme courts primary function is to settle disputes among the states

false

there are no amendments that directly or indirectly address the issue of an individual's right to privacy

false

there are some circumstances under which the government may limit an individual's right to privacy

false

what state courts have

general jurisdiction

the supreme court first recognized a right to privacy in the mid-1960s in a case called

griswold v. connecticut

presidents typically work to nominate individuals who

have personal integrity and professional expertise

a positive effect of justices' lifetime appointments is

having a fair and impartial judiciary

questioning an accused person

interrogation

belief that the court should step in if people's rights are violated

judicial activism

ideas about what guidelines to follow when interpreting the constitution

judicial philosophy

belief that the court should avoid overturning laws passed by democratically elected bodies

judicial restraint

citizens that render a verdict in a case based on evidence

jury

what is the most democratic aspect of a criminal trial

jury

which individual set a precedent for codifying complex bodies of law

justinian

what federal courts have

limited jurisdiction

trial courts can be found at

local, state, and federal levels

where cases involving city ordinances are decided

municipal courts

in miranda v. arizona, the supreme court ruled that suspects

must be informed of their rights

which steps in the trial process are ordered correctly, from first to last

opening statements, examinations, closing statements, jury instructions, verdict

the losing party in a state supreme court case can appeal the decision to the us supreme court by submitting

petition for writ of certiorari

the party in a civil case that accuses another party of causing damage

plaintiff

the u.s. supreme court ruling in texas v. johnson has served... for later free speech cases

precedent

a reasonable belief

probable cause

appointed by court to uphold the sixth amendment

public defender

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 supreme court case of roe v. wade is an example of privacy as it relates to

reproductive rights

the main difference between adversarial and inquisitorial systems is in the

role of the court

how is the process for filling a senate position different from the process for filling a supreme court position

senators are elected by the people whereas justices are nominated by the president

the supreme court has issued several rulings that relate to privacy, citing all the following amendments except the

seventh

when the court ruled in brandenburg v. ohio that the government could not take away the right to free speech just because it might incite a crime, it was

showing judicial activism

principle that once the court rules, its decision serves as a precedent

stare decisis

which courts can hear cases involving federal laws

state and federal courts only

where most legal cases are decided

state courts

how did states respond to the supreme court ruling in furman v. georgia

states began to rewrite laws about capital punishment

federal courts can decide questions of state law if

the case involves parties in different states

once the supreme court reaches a decision in a case

the decision becomes law

what principle of law is the starting point for every trial

the defendant is presumed innocent

what happens when a criminal case is judged to be beyond a reasonable doubt

the defendant is usually declared guilty

protects people from unreasonable searches and seizures

the fourth amendment

how is a justice who follows judicial restraint likely to be different from an activist

the justice is less likely to declare an existing law unconstitutional

how is the judiciary branch checked by other branches

the president appoints federal judges with the advice and consent of the senate

in marbury v. madison, chief justice john marshall helped establish

the supreme court's power to declare laws unconstitutional

why do presidents want nominees from a variety of racial and ethnic backgrounds

they want the justices to be somewhat representative of the entire country

what is the purpose of the rule of four

to determine whether the supreme court will hear a case

under what circumstance would the government limit privacy by conducting surveillance on individual citizens

to protect national security

where cases on reservations are decided

tribal courts

by assigning a southerner to write the courts opinion for voter discrimination case, the supreme court demonstrated its awareness of public opinion

true

confirmation of supreme court nominees typically takes longer today than in the past

true

court cases must go through trial courts before they can go to appeals court

true

majority and concurrent opinions agree on the decision in an appellate case but disagree on the reason for the decision

true

the "zone of privacy" contains the unspecified rights kept by the people

true

the judicial branch has the power to determine whether laws and actions of government comply with the constitution through judicial review

true

the main purpose of the judicial branch of government is to interpret the laws.

true

the supreme court ruling in roe v. wade established a woman's right to an abortion during the first six months of pregnancy

true

today's justices are more representative of the country as a whole then in the past

true

when considering what cases to hear, the supreme court often chooses those in which courts have interpreted federal laws differently

true

which court has the power to overrule the decision of a federal appeals court

u.s. supreme court

under which legislative action is government surveillance allowed

usa patriot act

if citizens do not like how the supreme court interprets part of the constitution, they can

work to get the constitution amended