_____ is known as a new trial before a different court.
Uniform Rules of Evidence
The National Conference of Commissioners on Uniform State Laws in an effort to standardize state laws of evidence drafted new Uniform Rules of Evidence
Answer
Correct Answer:
trial de novo
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_____ is defined as the entire Bill of Rights, along with other rights not contained in the Bill of Rights, is incorporated into the Fourteenth Amendment Due Process Clause.
Answer
Correct Answer:
total incorporation plus
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_____ is the entire Bill of Rights is incorporated into the Fourteenth Amendment Due Process Clause.
Answer
Correct Answer:
total incorporation
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Is supremacy Clause article VI, Section 2 of the U.S. Constitution provides that the Constitution, the laws of the United States, and treaties shall be the “supreme law of the land.” This gives the federal government priority over the state government when there is a conflict between federal and state laws?
Answer
Correct Answer:
True
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_____ is known as the Supreme Court has the authority to direct lower courts to follow rules that are not based on the U.S. Constitution.
Answer
Correct Answer:
supervisory authority
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_____ is defined as the practice of following the precedent established by previous court decisions.
Answer
Correct Answer:
stare decisis
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_____ is the Fourteenth Amendment Due Process Clause incorporates selected portions of the Bill of Rights along with other rights.
Answer
Correct Answer:
selective incorporation plus
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Is selective incorporation the Fourteenth Amendment Due Process Clause incorporates only selected portions of the Bill of Rights?
Answer
Correct Answer:
True
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_____ is known as four Supreme Court judges are required to vote to hear a case.
Answer
Correct Answer:
rule of four
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_____ is defined as an individual against whom a collateral attack is directed.
Answer
Correct Answer:
Respondent
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_____ is a judicial opinion that represents the views of the largest number of judges on a court, although short of a majority.
Answer
Correct Answer:
plurality opinion
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Is petitioner an individual filing a collateral attack on a verdict following the exhaustion of direct appeals?
Answer
Correct Answer:
True
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_____ is known as a decision that does not constitute a binding authority but that a court may consult to assist in making a judgment.
Answer
Correct Answer:
persuasive authority
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_____ is defined as an opinion of an entire court without any single judge being identified as the author.
Answer
Correct Answer:
per curiam
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_____ is the first court to hear a case.
Answer
Correct Answer:
original jurisdiction
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Is ordeals evidentiary proof based on an appeal to God or on various physical tests?
Answer
Correct Answer:
True
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_____ is known as the decision of a majority of judges on a court.
Answer
Correct Answer:
majority opinion
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_____ is defined as the U.S. Supreme Court reviews the decisions of the legislative and executive branches of government to determine whether they are consistent with the U.S. Constitution. The Court is the “final arbiter” of the meaning of the Constitution.
Answer
Correct Answer:
judicial review
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_____ is courts between municipal courts and the state supreme court.
Answer
Correct Answer:
intermediate appellate courts
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Is information a document signed by a prosecutor charging an individual with a crime?
Answer
Correct Answer:
True
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_____ is known as there is no “reasonable doubt” in the mind of a reasonable person that the defendant is guilty
Answer
Correct Answer:
guilt beyond a reasonable doubt
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_____ is defined as the Fourteenth Amendment Due Process Clause prohibits states from criminal procedures that are fundamentally unfair. States are otherwise free to structure their criminal justice systems.
Answer
Correct Answer:
fundamental fairness
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_____ is rules on the admission of evidence in civil and criminal cases in the U.S. federal court system.
Answer
Correct Answer:
Federal Rules of Evidence
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Is en banc the entire court?
Answer
Correct Answer:
True
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_____ is known as the Fifth and Fourteenth Amendments to the U.S. Constitution guarantee individuals due process of law. The Fourteenth Amendment Due Process Clause incorporates most of the protections of the Bill of Rights.
Answer
Correct Answer:
Due Process Clause
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_____ is defined as an opinion by a judge disagreeing with the majority of judges.
Answer
Correct Answer:
dissenting opinion
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_____ is courts with jurisdiction over a broad range of cases.
Answer
Correct Answer:
courts of original jurisdiction
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Is courts of limited jurisdiction courts with jurisdiction over a narrow range of cases?
Answer
Correct Answer:
True
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_____ is known as courts that hear more serious criminal and civil cases.
Answer
Correct Answer:
courts of general jurisdiction
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_____ is defined as extension of the rights and freedoms in the Bill of Rights to the fifty states.
Answer
Correct Answer:
constitutionalization of the Bill of Rights
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_____ is an opinion by a judge supporting a majority or dissenting opinion, typically based on other grounds.
Answer
Correct Answer:
concurring opinion
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Is collateral attack a constitutional challenge by an individual who has been convicted and incarcerated and has exhausted his or her state appeals?
Answer
Correct Answer:
True
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_____ is known as a decision to hear an appeal.
Answer
Correct Answer:
certiorari
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_____ is defined as the prosecution must prove every element of a criminal charge beyond a reasonable doubt.
Answer
Correct Answer:
burden of proof
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_____ is responsibility to produce sufficient evidence for the fact finder to consider the merits of the claim.
Answer
Correct Answer:
burden of production
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Is burden of persuasion the prosecution must prove every element of a criminal charge beyond a reasonable doubt?
Answer
Correct Answer:
True
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_____ is defined as a written legal argument that is submitted to a court.
Answer
Correct Answer:
Brief
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_____ is a decision that establishes a precedent.
Answer
Correct Answer:
binding authority
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Is beyond a reasonable doubt the standard for conviction in a criminal case?
Answer
Correct Answer:
True
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_____ is known as a trial in which a judge sits without trial.
Answer
Correct Answer:
bench trial
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_____ is defined as the party against whom an appeal is filed.
Answer
Correct Answer:
Appellee
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_____ is the party appealing a lower court judgment.
Answer
Correct Answer:
Appellant
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Rules of Evidence help to ensure that trials are fair by limiting the ability of lawyers to influence the outcome of trials through the verbal abuse of witnesses or misrepresentation of facts presented at trial.
Answer
Correct Answer:
True
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States have the power to choose to adopt the Federal Rules of Evidence (FRE) or develop their own evidentiary codes.
Answer
Correct Answer:
True
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In which courts do the Federal Rules of Evidence (FRE) apply?
Answer
Correct Answer:
The federal rules apply to trial and appellate proceedings in federal courts, including district and appellate courts.
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All provisions in the Bill of Rights have been incorporated into the Fourteenth Amendment.
Answer
Correct Answer:
False
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In Adamson v. California, Justice Black criticized the fundamental fairness approach on the following points:
Answer
Correct Answer:
Decision making, Bill of Rights, and textual language
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The fundamental fairness test was developed in a series of cases between 1884 and 1908.
Answer
Correct Answer:
True
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This approach to the application of the Bill of Rights to the Fourteenth Amendment is the most inclusive of provisions.
Answer
Correct Answer:
Total incorporation
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Which amendment was added to the Constitution in 1868 in order to guarantee equal treatment and opportunity for African Americans?
Answer
Correct Answer:
The Fourteenth Amendment
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A case of first impression arrives at the court when it presents an issue that has not been previously decide In these cases, the court looks to see how other courts have decided the issue, and these decisions are considered persuasive authority.
Answer
Correct Answer:
True
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If one wants to be a state court judge he or she must:
Answer
Correct Answer:
The procedure by which state court judges are selected varies depending on the location.
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When a state Supreme Court decision interpreting a state constitution provision conflicts with the corresponding federal provision, the state Supreme Court decision will win regardless of the nature of the conflict because it is the law of the land in which the court sits.
Answer
Correct Answer:
False
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Congress has the power to create courts that were not provided for in the constitution.
Answer
Correct Answer:
True
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A dissenting opinion may be issued by a Supreme Court Justice when:
Answer
Correct Answer:
A judge disagrees with some or all aspects of the majority decision
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The United States Constitution provides:
Answer
Correct Answer:
All of the above
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Using witness testimony as the basis of a determination of guilt or innocence at trial is a relatively new legal phenomenon, tracing its beginnings to the mid-1500s.
Answer
Correct Answer:
False
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The jury, as the fact finder, shapes the outcome of a trial by using juror discretion to choose what evidence to admit or deny.
Answer
Correct Answer:
False
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In what circumstances does the defendant have the burden of production?
Answer
Correct Answer:
When the defendant presents an affirmative defense to the elements of a crime
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