_____ is defined as entire Bill of Rights along with other rights not contained in the Bill of Rights are incorporated into the Fourteenth Amendment Due Process Clause.
Answer
Correct Answer:
Total incorporation plus
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_____ is 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 federal 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 prosecution in violation of the Equal Protection Clause of the Fifth and Fourteenth Amendments, which protect individuals from prosecution because of their race or their gender or the exercise of their fundamental rights.
Answer
Correct Answer:
Selective prosecution
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_____ is 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 fourteenth Amendment Due Process Clause incorporates only selected provisions of the Bill of Rights?
Answer
Correct Answer:
True
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_____ is known as principle that a U.S. Supreme Court judgment should be retroactively applied to all cases that are yet to be filed and cases that already have been filed.
Answer
Correct Answer:
Retroactivity of judicial decisions
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_____ is defined as a court’s assumption that criminal justice decision makers acted in good faith rather than out of a discriminatory intent.
Answer
Correct Answer:
Presumption of regularity
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_____ is state supreme courts interpreting state court constitutions often provide defendants with more rights than have been required by the U.S. Supreme Court in interpreting a similar clause in the U.S. Constitution.
Answer
Correct Answer:
New judicial federalism
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Is judicial review 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:
True
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_____ is known as amendment to the U.S. Constitution passed in 1868 in order to provide equal rights and opportunity to newly free African American slaves.
Answer
Correct Answer:
Fourteenth Amendment
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_____ is defined 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 extension of the rights and freedoms in the Bill of Rights, relevant to criminal procedure, to the fifty states.
Answer
Correct Answer:
Constitutionalization
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Is constitutional political system political system in which the powers of the various branches of government are defined by a constitution. In the United States, the rights and liberties of the people also are set forth in the Bill of Rights to the U.S. Constitution?
Answer
Correct Answer:
True
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_____ is known as first ten amendments to the U.S. Constitution.
Answer
Correct Answer:
Bill of Rights
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_____ is defined as a new trial before a different court.
Answer
Correct Answer:
Trial de novo
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_____ is the practice of following the precedent set by previous court decisions.
Answer
Correct Answer:
Stare decisis
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Is rule of four four Supreme Court judges are required to vote to hear a case?
Answer
Correct Answer:
True
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_____ is known as an individual against whom a collateral attack is directed.
Answer
Correct Answer:
Respondent
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_____ is defined as a judicial opinion that controls the decisions of a court presented with the same issue.
Answer
Correct Answer:
Precedent
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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 a judge who follows the intent of the framers of the U.S. Constitution.
Answer
Correct Answer:
Originalist
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Is original jurisdiction the first court to hear a case?
Answer
Correct Answer:
True
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_____ is known as declaration made to the judge by a prosecutor dismissing the case against the defendant.
Answer
Correct Answer:
Nolle prosequi
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_____ is defined as a crime carrying a criminal penalty of less than a year in prison.
Answer
Correct Answer:
Misdemeanor
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_____ is the decision of a majority of the judges on a court.
Answer
Correct Answer:
Majority opinion
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Is magistrate a lawyer who serves an eight-year term in a U.S. district court to issue search warrants, conduct preliminary hearings, and rule on pretrial motions?
Answer
Correct Answer:
True
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_____ is known as the philosophy that elected officials rather than courts should make social policy.
Answer
Correct Answer:
Judicial restraint
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_____ is defined as the philosophy that courts should play a role in creating social policy.
Answer
Correct Answer:
Judicial activism
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_____ is courts between municipal courts and the 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 an accusation of criminal activity returned by a grand jury.
Answer
Correct Answer:
Indictment
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_____ is defined as hearing to determine whether police possessed probable cause for an arrest.
Answer
Correct Answer:
Gerstein hearing
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_____ is an issue that has never before been decided by a court.
Answer
Correct Answer:
First impression
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Is federal Rules of Criminal Procedure detailed rules for criminal procedure drafted by federal judges and approved by Congress?
Answer
Correct Answer:
True
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_____ is known as the entire court.
Answer
Correct Answer:
En banc
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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 an appeal that an appellate court may review or decline to review at its discretion.
Answer
Correct Answer:
Discretionary appeal
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Is discretion the exercise of judgment by a decision maker in the criminal justice system?
Answer
Correct Answer:
True
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_____ is known as courts with jurisdiction over a broad range of cases.
Answer
Correct Answer:
Courts of original jurisdiction
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_____ is defined as courts with jurisdiction over a narrow range of cases.
Answer
Correct Answer:
Courts of limited jurisdiction
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_____ is courts that hear more serious criminal and civil cases.
Answer
Correct Answer:
Courts of general jurisdiction
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Is contextualism a broad approach to interpreting constitutional texts that focuses on interpreting the document in light of current developments?
Answer
Correct Answer:
True
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_____ is known as 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 defined as joint authority of federal and state courts over certain areas of criminal justice.
Answer
Correct Answer:
Concurrent jurisdiction
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_____ is judge-made law brought from England to the United States.
Answer
Correct Answer:
Common law
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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 a written legal argument submitted to an appellate court; also, to write a summary of a case.
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 bench trial a trial in which a judge sits without a jury?
Answer
Correct Answer:
True
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_____ is known as party against whom an appeal is filed.
Answer
Correct Answer:
Appellee
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_____ is defined as party appealing.
Answer
Correct Answer:
Appellant
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The right to define the meaning of the Constitution and to throw out federal, state, and local laws as unconstitutional that do not conform to the Constitution is referred to as ______.
Answer
Correct Answer:
Judicial review
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Constitutional rights are incorporated to the states via which amendment?
Answer
Correct Answer:
Fourteenth
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The United States currently operates under which standard of incorporation?
Answer
Correct Answer:
Selective incorporation
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In which case did the U.S. Supreme Court establish the power of judicial review?
Answer
Correct Answer:
Marbury v. Madison
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What is the name of the right to appeal one’s detention before a court and have the government explain the detention?
Answer
Correct Answer:
Habeas corpus
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Supreme Court decisions establishing a “new rule” apply retroactively to future cases as well as to cases presently at trial and to cases on appeal.
Answer
Correct Answer:
True
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The U.S. Constitution originally provided for the equal protection of the laws.
Answer
Correct Answer:
False
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Slavery and its repercussions were addressed primarily in the Thirteenth and Fourteenth Amendments.
Answer
Correct Answer:
True
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The Seventh Amendment prohibits excessive bail and fines.
Answer
Correct Answer:
False
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The interpretation of state constitutions is a matter for state courts and federal courts.
Answer
Correct Answer:
False
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The legal test used to establish which rights are “fundamental” is consistent and well established.
Answer
Correct Answer:
False
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Proponents of selective incorporation support incorporating certain specific rights from the Bill of Rights to the states, but not others.
Answer
Correct Answer:
True
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The Due Process Clause is found in the Thirteenth Amendment.
Answer
Correct Answer:
False
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The Constitution is intentionally easy to amend.
Answer
Correct Answer:
False
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The U.S. Supreme Court, the U.S. Constitution, and laws passed by the U.S. legislature are all sources of criminal procedural law.
Answer
Correct Answer:
True
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What legal principle is used to allow courts to make law via precedent?
Answer
Correct Answer:
Stare decisis
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A written argument submitted to the U.S. Supreme Court is known as a ______.
Answer
Correct Answer:
Brief
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Much of U.S. law is based on old English law known as ______.
Answer
Correct Answer:
Common law
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______ is the effort of the criminal system to process each case within a reasonable amount of time.
Answer
Correct Answer:
Efficiency
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Substantive criminal law defines ______.
Answer
Correct Answer:
The factual elements of criminal offense
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U.S. Supreme Court justices make decisions without regard to personal ideological or political belief.
Answer
Correct Answer:
False
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The advantage of precedent is that once a court has ruled on a subject, it is settled and cannot be heard by that court again.
Answer
Correct Answer:
False
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U.S. Supreme Court justices are appointed by the president to serve 6-year terms.
Answer
Correct Answer:
False
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A member of the U.S. Supreme Court who agrees with the majority on a case may write an opinion of his/her own that is not the official majority opinion, known as a concurring opinion.
Answer
Correct Answer:
True
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The only court higher than the U.S. Supreme Court is the U.S. Legislative Court.
Answer
Correct Answer:
False
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It is the role of the U.S. Supreme Court to interpret the U.S. Constitution.
Answer
Correct Answer:
True
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Each amendment to the U.S. Constitution addresses criminal procedure in some way.
Answer
Correct Answer:
False
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In cases of serious offenses, the accused are guaranteed a trial before a judge and not a jury.
Answer
Correct Answer:
False
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There are times when police are allowed to make an arrest without an arrest warrant.
Answer
Correct Answer:
True
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The questions for the police are, first, to determine whether a crime has been committed and, second, to identify who committed the crime
Answer
Correct Answer:
True
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