CJ review

Descrição

quiz of chapters 10,11,12,13 and lectures
Celeste_Unwritten
Quiz por Celeste_Unwritten, atualizado more than 1 year ago
Celeste_Unwritten
Criado por Celeste_Unwritten mais de 9 anos atrás
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Resumo de Recurso

Questão 1

Questão
Which of these are "non-traditional courts?"
Responda
  • Drug Courts
  • Communal Courts
  • Mental Health Courts

Questão 2

Questão
What is a Diversion Court?
Responda
  • Courts that prevent defendants from having a conviction record
  • The same as a deterrence court
  • A way of treating root causes. Criminogenic behavior

Questão 3

Questão
What is criminogenic behavior?
Responda
  • Mental health issues
  • Central executive issues
  • poor education
  • behaviors that could be the reason behind crime

Questão 4

Questão
What is the "Dual Court System"?
Responda
  • The combination of higher and lower courts within our judicial system
  • The combination of the Supreme court and municipal court
  • The combination of Felony courts and misdemeanor courts

Questão 5

Questão
List, in order from bottom to top, the structure of the general court system (State and Federal)
Responda
  • courts of limited jurisdiction, courts of general jurisdiction, Courts of appellate jurisdiction
  • Courts of appellate jurisdiction, courts of general jurisdiction, courts of limited jurisdiction
  • Courts of general jurisdiction, courts of limited jurisdiction, courts of appellate jurisdiction

Questão 6

Questão
Which is a part of the "Lower of Inferior Courts" of the State court system?
Responda
  • Magistrate's court
  • Justice of the Peace court
  • Municipal court
  • County court

Questão 7

Questão
What courts are a part of the "Major Trial Courts" in the State Court system?
Responda
  • Circuit Court
  • District Court
  • Superior Court
  • Municipal Court

Questão 8

Questão
What courts are a part of the "Intermediate Appellate Courts" in the state court system?
Responda
  • Appeals Court
  • Superior Court
  • Court of criminal appeals
  • U.S. courts of appeals

Questão 9

Questão
Name, in order from bottom to top, the structure of State Courts. Name the Federal Courts order
Responda
  • Lower or inferior courts, Major Trial Courts, Intermediate courts, Courts of last resort. U.S. magistrate's courts, U.S. district courts, U.S. courts of appeals, United States Supreme court.
  • U.S. Magistrate courts, Lower or inferior courts, major trial courts, U.S. district courts. U.S. district courts, U.S. courts of appeals, Intermediate appellate courts, U.S. supreme Court
  • Courts of Last resort, intermediate appellate courts, major trial courts, lower or inferior courts U.S. magistrate's courts, U.S. courts of appeals, U.S. district courts, U.S. supreme court

Questão 10

Questão
how many courts of limited jurisdiction are there in the United States?
Responda
  • more than 12,000
  • 11,000
  • more than 13,000
  • more than 24,000

Questão 11

Questão
What are some problems with lower courts?
Responda
  • neglect by bar associations, higher courts, and government agencies
  • the volume and nature of their caseloads
  • trial de novo system-the system of new trials
  • Too much funding

Questão 12

Questão
What can be problematic about electing judges?
Responda
  • They have to run on a political party
  • They may be bias
  • government coruption

Questão 13

Questão
Courts of general jurisdiction are authorized to try what type of cases?
Responda
  • criminal
  • civil
  • divorce

Questão 14

Questão
Name the steps in the criminal court process for Misdemeanors and Felonies in County court?
Responda
  • Arrest, Advisement, Preliminary hearing (for serious misdemeanors, optional for felonies), Arraignment, Pretrial conference/motions, trial, Sentencing
  • Advisement, hearing, motions, arraignment, trial, sentenching
  • Arrest, screening, probably cause hearing, grand jury, arraignment, bond action, pretrial hearing, trial, sentencing

Questão 15

Questão
Name the steps in the criminal court process for Felonies going to criminal court
Responda
  • Arrest, screening, probably cause hearing, grand jury, arraignment, bond action, pretrial hearing, trial, sentencing
  • advisement, hearing, arraignment, pretrial conference, trial, sentencing
  • arrest, advisement, hearing, arraignment, motions hearing, trial, sentencing

Questão 16

Questão
what are the U.S. district courts?
Responda
  • The trial courts of the federal system and the District of Columbia
  • Lower courts
  • diversion courts

Questão 17

Questão
How many U.S. courts of Appeals are there?
Responda
  • 10
  • 11
  • 12
  • 13

Questão 18

Questão
What states are in Texas' judiciary Circuit (5)?
Responda
  • Texas
  • Louisiana
  • Mississippi
  • Alabama

Questão 19

Questão
What did Marbury v. Madison establish?
Responda
  • The supreme court claimed, exercised, and justified its authority to review and nullify acts of Congress that it found to conflict with the constitution
  • Established presidential patronage

Questão 20

Questão
What is a writ of mandamus?
Responda
  • a command to perform a certain duty
  • A request for a warrant
  • A latin word that doesn't mean anything.

Questão 21

Questão
How does the U.S. Supreme court review cases?
Responda
  • When a federal court has held an act of congress to be unconstitutional
  • when a U.S. court of appeals has found a state statute to be unconstitutional
  • When a state's highest court of appeals has ruled a federal law to be invalid
  • When an individual's challenge to a state statute on federal constitutional grounds has been upheld y a state supreme court

Questão 22

Questão
What is a writ of certiorari?
Responda
  • When the supreme court decides which cases it will hear
  • a writ of review issued by the court ordering a lower court to "forward up the record" of a case it has tried

Questão 23

Questão
What is the Rule of Four?
Responda
  • When for or more justices feel that a case merits consideration by the full court
  • A square will always have four sides

Questão 24

Questão
Some nontraditional courts according to the book?
Responda
  • Drug courts
  • Spring Break courts
  • Stadium Courts
  • College courts

Questão 25

Questão
What is the Missouri plan?
Responda
  • A hybrid plan advocated by the American Bar Association that implements appointment and election for judges. First a judge is appointed, then when the next election comes up, the people decided to keep the judge.
  • The compromise that some states can appoint judges while others would have to elect them.

Questão 26

Questão
What are the responsibilities of prosecutors?
Responda
  • Enforcing the law
  • Representing the government in matters of law
  • Representing the government and the people in matters of legislation and criminal justice reform.

Questão 27

Questão
What are the responsibilities of appeals judges?
Responda
  • determining whether the proper procedures were followed in the presentation of the appeal
  • examining the written brief, the trail record, or other materials that may have been filed
  • Presiding over any oral arguments
  • weighing the facts of the case and the nature of the appeal in order to arrive at a decision
  • negotiating a decision through vote, persuasion, or compromise in cases in which more than one judge hears the appeal
  • Preparing a written opinion that details the logic and reasons for the decision

Questão 28

Questão
What is nolle prosequi?
Responda
  • a formal statement of unwillingness to proceed further in a particular case
  • allowing defendants to plead guilty to a reduced charge or charges
  • A written or oral debate

Questão 29

Questão
What happened in United States v. Cowen?
Responda
  • Two aspects of prosecutorial discretion were involved: the nol. pros. and plea negotiation
  • Miranda rights
  • The right to an attorney

Questão 30

Questão
What happened in Brady v. United States?
Responda
  • Formally acknowledged the practice of plea negotiation
  • Gave defendants the right to an attorney
  • Expanded the scope of search warrants

Questão 31

Questão
What is a motion?
Responda
  • an application made to the court of the judge requesting an order or ruling in favor of the applicant
  • movement to adjourn

Questão 32

Questão
What is an expert witness?
Responda
  • called into court to provide technical information and opinions about matters of which the judge or jury may have no knowledge
  • a citizen bystander that witnessed everything
  • an arresting officer who has some knowledge of the acts of the case

Questão 33

Questão
Powell v. Alabama did what?
Responda
  • Extended the sixth amendment; right to counsel, but only to defendants who were indigent, who were facing the death penalty, illiterate, or other handicap
  • Expanded search and seizure procedures
  • Established firm 8th amendment protocols

Questão 34

Questão
What is in forma pauperis
Responda
  • in the form of a poor man; in the character of a poor person
  • A informal letter or paper

Questão 35

Questão
Argersinger v. Hamlin did what?
Responda
  • Supreme court ruled that the right to counsel applies not only to state defendants charged with felonies but in all trials of persons for offenses serious enough to warrant a jail sentence
  • Supreme court ruled that police officers can do a plain feel search

Questão 36

Questão
What does a withhold of adjudication mean?
Responda
  • If the court withholds the adjudication of guilt the court has not convicted you
  • You have waived your right to counsel

Questão 37

Questão
What does Bail mean?
Responda
  • a form of security guaranteeing that a defendant in a criminal proceeding will appear and be present in court at all times as required
  • When you flake out on plans

Questão 38

Questão
What is the term for a third party that posts bond of an accused person
Responda
  • surety
  • bondsperson

Questão 39

Questão
What did Stack v. Boyle do?
Responda
  • address issues of excessive bail
  • set a limit to the amount of bail that can be given to a person
  • Made it clear that the purpose of bail is to assure the defendant's attendance in court when his presence is required.

Questão 40

Questão
What way(s) can an individual meet bail?
Responda
  • The accused may post the full amount of the bond in cash
  • Many jurisdictions allow a defendant (or family and friends) to put up property as collateral)
  • Use the services of a bond agent
  • Issue a personal check

Questão 41

Questão
What are some criticisms of the Bail System?
Responda
  • Bail tends to discriminate against the poor
  • Bail setting is totally discretionary on the part of the judge
  • the court has little time to investigate the background of the accused and, hence, cannot adequately determine the degree of risk
  • As a means of protecting the community against offenders who are viewed as risks to social welfare and safety, bail is set so high that it can rarely be met

Questão 42

Questão
What is a bench warrant?
Responda
  • A capias
  • When the defendant fails to appear in court as required. A bench warrant is authorized for their arrest
  • When a judge needs a new bench

Questão 43

Questão
What is a ROR?
Responda
  • The fraternity that Mike and Sully wanted to get into in Monster's University
  • Release on recognizance; defendants are released in the custody of contacts without paying anything

Questão 44

Questão
is an information a document filed by the prosecutor that states the formal charges, the statutes that have been violated, and the evidence supporting the charges?
Responda
  • True
  • False

Questão 45

Questão
What is a presentment?
Responda
  • a formal charging document issued by a grand jury on the basis of evidence presented to it by the prosecutor
  • A written notice of accusation issued by the grand jury. Comes from the initiative of the grand jury, based on its own knowledge and observation.

Questão 46

Questão
Did Hurtado v. California rule that the grand jury was merely a form of procedure that the states could abolish at will?
Responda
  • True
  • False

Questão 47

Questão
United States v. Calandra address the role of the exclusionary rule in grand jury proceedings
Responda
  • True
  • False

Questão 48

Questão
What is transactional immunity?
Responda
  • a witness is granted immunity against prosecution in return for testifying
  • People from other countries that commit a crime in U.S. soil have immunity
  • A person is put into witness protection

Questão 49

Questão
"Use immunity" is a limited immunity that prohibits the government only from using the witness's compelled testimony in a subsequent criminal proceeding?
Responda
  • True
  • False

Questão 50

Questão
What does nolo contendere mean?
Responda
  • no contest
  • guilty plea
  • new contest

Questão 51

Questão
What is double jeopardy?
Responda
  • Two trials for one offense
  • A question on the hit tv show in which a contestant can earn more money than is usually afforded to that particular category/question

Questão 52

Questão
Which supreme court cases deal with double jeopardy?
Responda
  • Palko v. Connecticut
  • Benton v. Maryland
  • Downum v. United States
  • Malbury v. Madison

Questão 53

Questão
A bill of particulars is a written statement that specifies additional facts about the charges contained in the information or indictment
Responda
  • True
  • False

Questão 54

Questão
A motion for severance of charges requests that each specific charge not be tried as a separate case
Responda
  • True
  • False

Questão 55

Questão
The sixth amendment promises a speedy trial
Responda
  • True
  • False

Questão 56

Questão
Klopfer v. North Carolina made sure that states had to ensure a speedy trial. Before, it was only at a federal level.
Responda
  • True
  • False

Questão 57

Questão
The Speedy Trail Act of 1974 ensured what?
Responda
  • A reduction in delays in federal trials
  • A reduction in delays in state trials

Questão 58

Questão
Duncan v. Louisiana settled the discrepancy of the right to a trial by jury "in all criminal prosecutions". It hadn't been fully binding in state trials
Responda
  • True
  • False

Questão 59

Questão
Venire, or venire facias, is the writ that summons jurors.
Responda
  • True
  • False

Questão 60

Questão
What does voir dire mean?
Responda
  • To speak the truth
  • To not speak the truth
  • A type of food

Questão 61

Questão
Batson v. Kentucky did what?
Responda
  • Prevent juries from not having minorities. Provided a jury of one's peers.
  • Examined the 8th amendment.
  • The right to counsel was extended to minorities

Questão 62

Questão
J.E.B. v. Alabama ex rel T.B. made the exclusion of a certain gender in juries unconstitutional
Responda
  • True
  • False

Questão 63

Questão
What is a sequestration?
Responda
  • the removal of the jurors (and alternates, if any) from all possible outside influence.
  • Those people that ride horses
  • A discharging of the jury without a verdict

Questão 64

Questão
Evidence in chief is the first, or direct, examination of a witness
Responda
  • True
  • False

Questão 65

Questão
What is retribution?
Responda
  • An effort to make the punishment as analogous as possible to the nature of the crime. Punishment is proportional to the crime.
  • The desire to punish criminals because society gains some measure of satisfaction from seeing or knowing that they are punished

Questão 66

Questão
What is Victim impact evidence?
Responda
  • a statement of harm suffered by the victim or the victim's family as a result of the offender's actions
  • The removal of dangerous persons from the community

Questão 67

Questão
What is the difference between deterrence and rehabilitation?
Responda
  • Deterrence refers to the prevention of criminal acts by making examples of individuals convicted of a crime. Rehabilitation rests on the premise that people who commit crimes have identifiable reasons for doing so and that these can be discovered, addressed, and altered
  • There is no difference

Questão 68

Questão
Indeterminate sentencing are flat, fixed, or straight sentences, it has no set minimum or maximum but, rather, a fixed period of time.
Responda
  • True
  • False

Questão 69

Questão
Truth-in-sentencing law requires offenders to serve a substantial portion of their sentences.
Responda
  • True
  • False

Questão 70

Questão
Allocution is the right of a convicted offender to address the court personally prior to the imposition of sentence.
Responda
  • True
  • False

Questão 71

Questão
What was the first supreme court case that invalidated a criminal punishment on eighth amendment grounds?
Responda
  • Weems v. United States
  • Wainwright v. Illinois
  • Mapp v. Ohio

Questão 72

Questão
Witherspoon v. Illinois was the first indication that the death penalty might be in trouble
Responda
  • True
  • False

Questão 73

Questão
Furman v. Georgia found the death penalty to be unconstitutional
Responda
  • True
  • False

Questão 74

Questão
What was the issue in Gregg v. Georgia?
Responda
  • Georgia's new bifurcated trial structure
  • Racial prejudice in sentencing

Questão 75

Questão
Coker v. Georgia placed limitations on the imposition of capital sentences
Responda
  • True
  • False

Questão 76

Questão
In Lockhart v. McCree, the court asserted that even if juries that support the death penalty are "conviction prone" this in itself does not violate any constitutional provisions
Responda
  • True
  • False

Questão 77

Questão
In Tison v. Arizona, the Court held that a defendant who does not intend to commit murder and who does not actually commit murder may not be executed when he or she participated in a felony that leads to murder and is found to have exhibited "reckless indifference" for human life
Responda
  • True
  • False

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