Civics Ch. 13 Test

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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


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