Civics Ch. 13 Test
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
federal judges are
appointed by the president and confirmed by the senate
state judges are selected by
both election and appointment
how does stare decisis most strengthen the nation's legal system?
by adding stability and predictability
the 6th amendment guarantees what to the accused?
counsel, jury, and witness
hears cases such as burglary, murder, and assault
criminal trial court
the u.s. supreme court has the power to
declare laws unconstitutional
the judicial branch checks other branches of government by
determining laws' consitutionality
if the trial court judge instructs the jury incorrectly, then the defendant may appeal the verdict based on
error of law
t/f in order to make fair decisions without undue influence by outside forces, judges must be elected.
false
t/f new evidence and witnesses may be presented in an appeals court.
false
t/f the legal principle of a stare decisis means that courts often challenge precedent in their decisions.
false
t/f the earliest known written laws, on which many modern american laws are based, were the ten commandments.
false ( Hammurabi)
t/f the most significant basis of the american legal system is the roman twelve tables.
false (English common law)
t/f appeals are possible only in the event of violations of procedural due process.
false (error of law)
what state courts have
general jurisdiction
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
which steps in the trial process are ordered correctly, from first to last?
opening statements, examinations, closing statements, jury instructions, verdict
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
appointed by court to uphold the 6th 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 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
where most legal cases are decided
state courts
federal courts can decide questions of state law if
the case involves parties in different states
how is the judiciary branch checked by others?
the president appoints federal judges with the advice and consent of the senate
where cases on reservations are decided
tribal courts
t/f court cases must go through trial courts before they can go to appeals courts.
true
t/f majority and concurrent opinions agree on the decision in an appellate case but disagree on the reason for the decision.
true
t/f the judicial branch has the power to determine whether laws and actions of government comply with the constitution through judicial review.
true
t/f the main purpose of the judicial branch of government is to interpret the laws.
true
which court has the power to overrule the decision of a federal appeals court?
u.s. supreme court
what are the steps of a trial?
1. opening statement by plaintiff or prosecutor 2. opening statement by defense 3. direct examination by plaintiff or prosecutor 4. cross-examination by defense 5. motions 6. direct examination by defense 7. cross examination by plaintiff or prosecutor 8. closing statement by plaintiff or prosecutor 9. closing statement by defense 10. rebuttal arguments 11. jury instructions 12. verdict
