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SOC-3630 WMU Exam 1 Study Guide

Terms in this set (24)

A trial by a judge without a jury is called:
Bench Trial
The operation of two separate and distinct court systems in the United States is referred to as:
Federalism - there are federal and state courts within a state
Name all 9 justices of the the Supreme Court:
1. John Roberts (chief)
2. Clarence Thomas
3. Stephen Breyer
4. Samuel Alito
5. Sonia Sotomayor
6. Elena Kagan
7. Neil Gorsuch
8. Brett Kavanaugh
9. Amy Barnett
What is the name of a request (before the trial takes place) for a judge to make a decision?
Motion
If the grand jury finds probable cause to hold the defendant for trial it returns a:
True Bill or Indictment
Which of the following is the federal court of last resort in the United States:
The Supreme Court
All Article III judges get to the bench by:
Nominated by the president, confirmed by the Senate
Are grand juries used in all states?
Yes, at minimum - 5'th amendment right to indictment by grand jury
Around 90% of felony convictions result from plea bargains. Why?
Saves time/money, prevents risk of trial, reduced sentences, avoids publicity
The Supreme Court often hears fewer than " " cases each term (year):
PP=71, seen 85/100
What is the difference between original and appellate jurisdiction? What jurisdiction does the US Supreme Court have?
- Original Jurisdiction: right of court to hear a case for the first time (trial)
- Appellate Jurisdiction: right of court to review a case previously decided (no new trial, only review of procedure)
- Supreme Court Jurisdiction: both Original (state v. state) and Appellate (invitation or writ of certiorari)
Can a federal court AND a state court both rule on the same case? Give an example
- Yes, buying drugs in MI and reselling them in IL
Identify the 3 key characteristics of common law:
(i) Judge-Made law, (ii) Stare Decisis or Precedent, (iii) Multiple sources "uncodified" not written
Name the 4 amendments of the Bill of Rights that deal specifically with criminal procedure:
- 4'th amendment: no unreasonable search and seizure
- 5'th amendment: double jeopardy, self-incrimination, due process
- 6'th amendment: speedy trial, fair trial, impartial jury, confront witnesses
- 8'th amendment: no excessive bail/fines and cruel unusual punishment
Which Amendment to the US constitution prohibits unreasonable searches and seizures?
4'th amendment
What is the highest burden of proof in our judicial system?
Beyond a reasonable doubt (criminal) is more that preponderance of evidence (civil)
Which amendment to the US constitution guarantees the right to counsel:
5'th amendment (custodial interrogation), 6'th amendment (critical stages of criminal trial)
What is the name of a crime that is punishable by a fine or up to one year in jail:
Misdemeanor
Differentiate the jurisdiction and functions of Article III courts from those of Article I courts and other specialized federal courts
- Article I Courts: legislative courts established by congress (specialized courts like bankruptcy and tax)
- Article III courts: U.S. Supreme Court and all inferior courts of the United States established by Congress
What does the "Rule of 4" mean
In granting review of a case, the supreme court requires 4/9 judges to vote yes
What federal court has original jurisdiction over disputes between states?
The Supreme Court
What kind of jurisdiction gives a court the power to review cases that have already been decided by another court?
Appellate Jurisdiction
Which Article of the U.S. Constitution provides the basis for the federal judiciary?
Article III
Explain the three types of opinions/rulings that the Supreme Court issues
- Majority Opinion: the courts decision signed by agreeing justices
- Concurring Opinion: agreement in the ruling of majority but for different reasons
- Dissent: disagreement with ruling
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