NDTA Legal (Test 1) Court Systems, Court Cases, Sources of Rights

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consists of the president, vice president and Cabinet-level departments. A crucial function of this branch is to ensure that laws are carried out.
A. Legislative
B. Executive
C. Judicial
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Terms in this set (36)
consists of the president, vice president and Cabinet-level departments. A crucial function of this branch is to ensure that laws are carried out.
A. Legislative
B. Executive
C. Judicial
B. Executive
consists of the Senate and the House of Representatives, collectively known as Congress. This branch is charged with passing the nation's laws.
A. Legislative
B. Executive
C. Judicial
A. Legislative
consists of the United States Supreme Court and lower federal courts. Its primary function is to hear cases that challenge legislation or require interpretation of that legislation
A. Legislative
B. Executive
C. Judicial
C. Judicial
The United States has a Dual Court System, meaning that there is one system for
criminal cases and another for civil cases

A. True
B. False
B. False

Dual Court Systems refers to one system for FEDERAL cases and another for STATE cases
En Banc is Latin meaning:
A. By divisions
B. By majority
C. By the full court
D. By minority
C. By the full court
DUAL SOVEREIGNTY means that prosecutors both Federal and State level must prosecute together, if an offence is in both jurisdictions they can not be in conflict with the constitution and possibly preform double jeopardy.

A. True
B. False
B. False

State and Federal can prosecute SEPERATLY, therefor they may prosecute for offences committed within their jurisdiction.
There is no double jeopardy because they are separate jurisdictions, therefor prosecutors are constitutional
JURISDICTION refers to the power of a court to try a case

A. True
B. False
A. True
VENUE is the place where a person has established a permanent residence.

A. True
B. False
B. False

A venue is the place WHERE A CASE IS TRIED.
Definition of REVERSAL of the appellate process:

A. Where the reviewing court basically agrees with the result of the lower court's ruling(s)

B. Where the reviewing court basically disagrees with the result of the lower court's ruling(s), and overturns their decision

C. Where the reviewing court disagrees with the verdict and sends the case back to the lower court for them to change their position
B. Where the reviewing court basically disagrees with the result of the lower court's ruling(s), and overturns their decision
Definition of AFFIRMATION of the appellate process:

A. Where the reviewing court basically agrees with the result of the lower court's ruling(s)

B. Where the reviewing court basically disagrees with the result of the lower court's ruling(s), and overturns their decision

C. Where the reviewing court disagrees with the verdict and sends the case back to the lower court for them to change their position
A. Where the reviewing court basically agrees with the result of the lower court's ruling(s)
Definition of REVERSE AND REMAND of the appellate process: A. Where the reviewing court basically agrees with the result of the lower court's ruling(s) B. Where the reviewing court basically disagrees with the result of the lower court's ruling(s), and overturns their decision C. Where the reviewing court disagrees with the verdict and sends the case back to the lower court for them to change their positionC. Where the reviewing court disagrees with the verdict and sends the case back to the lower court for them to change their positionSTARE DECISIS is Latin for: A. To appeal decided cases B. To reverse decided cases C. To stand by decided cases D. To let Jesus take the wheelC. To stand by decided casesJUDICIAL PRECEDENT means that decisions of courts have value as precedent for future similar cases. (follow the other courts decision) A. True B. FalseA. TureThe BILL OF RIGHTS is the term used for the first 14 amendments of the U.S. constitution. A. True B. FalseB. False First 10 amendments of the U.S. constitutionSTATUTORY LAWS are laws that cover general rights but in less detail for specific situations A. True B. FalseB. False Cover general rights but in MORE detailCASE LAW is the set of decisions of a court that be cited as precedent. It sets legal principles that gradually become law and precedent. A. Ture B. FalseA. TrueTHE DUE PROCESS CLAUSE states that no one shall be "deprived of _______, _________, or _________ without due process of law"LIFE, LIBERTY, or PROPERTYProtects against unreasonable searches and seizures A. 1st Amendment B. 4th Amendment C. 5th Amendment D. 6th Amendment E. 8th Amendment F. 14th AmendmentB. 4th AmendmentProhibits cruel and unusual punishment A. 1st Amendment B. 4th Amendment C. 5th Amendment D. 6th Amendment E. 8th Amendment F. 14th AmendmentE. 8th AmendmentFreedom of Religion, Speech, Press, Petition, and Right to Assemble A. 1st Amendment B. 4th Amendment C. 5th Amendment D. 6th Amendment E. 8th Amendment F. 14th AmendmentA. 1st AmendmentGovernment cannot deprive any person of life, liberty or property without due process of law, nor can it deny equal protection of laws A. 1st Amendment B. 4th Amendment C. 5th Amendment D. 6th Amendment E. 8th Amendment F. 14th AmendmentF. 14th AmendmentProtects against self-incrimination, double jeopardy, right to a grand jury for a capital crime A. 1st Amendment B. 4th Amendment C. 5th Amendment D. 6th Amendment E. 8th Amendment F. 14th AmendmentC. 5th AmendmentRight to counsel, speedy and fair trail, informed of accusations against them A. 1st Amendment B. 4th Amendment C. 5th Amendment D. 6th Amendment E. 8th Amendment F. 14th AmendmentD. 6th Amendmentthe cause held that automobiles and other conveyances, being highly mobile, may be searched without a warrant provided there is probable cause A. Mapp v. Ohio B. Carroll v. U.S. C. U.S. v Robinson D. New York v Belton E. South Dakota v OppermanB. Carroll v U.S.held that the Fourth Amendment permits a warrantless search incident to a lawful custodial arrest of motorist A. Mapp v. Ohio B. Carroll v. U.S. C. U.S. v Robinson D. New York v Belton E. South Dakota v OppermanC. U.S. v RobinsonAn inventory search, following standard police procedures, of an impounded vehicle is not an unreasonable search A. Mapp v. Ohio B. Carroll v. U.S. C. U.S. v Robinson D. New York v Belton E. South Dakota v OppermanE. South Dakota v. Oppermanheld that evidence obtained in violation of the Fourth Amendment against unreasonable searches and seizures was inadmissible in court. 14th Amendment (Exclusionary Rule) A. Mapp v. Ohio B. Carroll v. U.S. C. U.S. v Robinson D. New York v Belton E. South Dakota v OppermanA. Mapp v. OhioAllows after a lawful arrest, a search may extend to the passenger compartment of the automobile in which the person was riding. A. Mapp v. Ohio B. Carroll v. U.S. C. U.S. v Robinson D. New York v Belton E. South Dakota v OppermanD. New York v Beltonwhere the suspect was not informed of his right to counsel, or of his right to be silent, or of the possible use of his statements as evidence against him, therefor interrogation evidence was not admissible in court A. Schmerberv v. California B. Gideon v. Wainwright C. Miranda v. Arizona D. Gregg v. GeorgiaC. Miranda v. Arizonathe taking of physical evidence such as a blood sample over objection did not violate defendant's constitutional rights and is admissible in evidence. A. Schmerber v. California B. Gideon v. Wainwright C. Miranda v. Arizona D. Gregg v. GeorgiaA. Schmerber v. Californiause of the death Penalty as punishment for murder does not per se constitute cruel and unusual punishment A. Schmerber v. California B. Gideon v. Wainwright C. Miranda v. Arizona D. Gregg v. GeorgiaD. Gregg v. Georgiaheld that the Fourteenth Amendment requires the appointment of counsel for indigent defendants in State Criminal cases A. Schmerber v. California B. Gideon v. Wainwright C. Miranda v. Arizona D. Gregg v. GeorgiaB. Gideon v. WainwrightMay pat down a suspicious person whom he has reason to believe presents a present danger to himself or others, on just reasonable suspicion A. Katz v. U.S. B. Terry v. Ohio C. Steagald v. U.S. D. Duncan v. LouisianaB. Terry v OhioA crime punishable by two years in prison, although classified under law as a misdemeanor, is a serious crime, and therefore the defendant is entitled to a jury trial. A. Katz v. U.S. B. Terry v. Ohio C. Steagald v. U.S. D. Duncan v. LouisianaD. Duncan v. Louisianaheld that warrantless wiretap of telephone violated 4th Amendment right to privacy. A. Katz v. U.S. B. Terry v. Ohio C. Steagald v. U.S. D. Duncan v. LouisianaA. Katz v. U.S.Requires that a search warrant be obtained in addition to an arrest warrant if suspect not on his property for each location the suspect may be located. A. Katz v. U.S. B. Terry v. Ohio C. Steagald v. U.S. D. Duncan v. LouisianaC. Steagald v. U.S.