_____ is defined as an attorney who passionately advances his client’s interests
Answer
Correct Answer:
Zealous advocate
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_____ is an application to the court to order a public official to perform a duty imposed by law
Answer
Correct Answer:
Writ of mandamus
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Is victim impact statement at the defendant’s sentencing hearing, the statements by victims during which they inform the court of the harm caused by the defendant’s crime?
Answer
Correct Answer:
True
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_____ is known as highest appellate court in the country where nine justices sit in judgment; decides to hear a limited number of appeals by granting writs of certiorari
Answer
Correct Answer:
U.S. Supreme Court
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_____ is defined as when judged as a whole, all the facts and circumstances used to determine the legality of government action
Answer
Correct Answer:
Totality of the circumstances
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_____ is provides that all powers that the Constitution does not grant the federal government, if not prohibited by the Constitution, are left to the states
Answer
Correct Answer:
Tenth Amendment
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Is supremacy Clause article VI of the Constitution that operates to make federal law superior to state law and when the U.S. Supreme Court speaks, it is the final word in the land?
Answer
Correct Answer:
True
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_____ is known as people turn to crime when they cannot achieve their goals by legitimate means
Answer
Correct Answer:
Strain theory
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_____ is defined as laws written and passed by federal and state legislatures and then codified and compiled in code books
Answer
Correct Answer:
Statutory law
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_____ is Let the decision stand; a judgment that precedent should be followed
Answer
Correct Answer:
Stare decisis
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Is standing the legal right to challenge the government’s actions?
Answer
Correct Answer:
True
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_____ is known as criminal theory that posits people learn from others how to commit crime
Answer
Correct Answer:
Social learning theory
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_____ is defined as criminal theory that posits people who share common bonds are less likely to commit crimes
Answer
Correct Answer:
Social control theory
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_____ is a system of checks and balances the three branches of government operate on each other
Answer
Correct Answer:
Separation of powers
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Is selective prosecution the government’s use of an impermissible motive to choose certain defendants for prosecution?
Answer
Correct Answer:
True
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_____ is known as courts will interpret criminal statutes to benefit the defendant and not the government
Answer
Correct Answer:
Rule of lenity
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_____ is defined as a fatal flaw at trial that invalidates the defendant’s conviction
Answer
Correct Answer:
Reversible error
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_____ is paying society back for the harm the offender caused
Answer
Correct Answer:
Retribution
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Is restorative justice basis for juvenile justice; offender makes the victim whole to restore the victim for what the crime took from the victim?
Answer
Correct Answer:
True
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_____ is known as an offender’s repayment to society and the victim for the harm caused by his crime
Answer
Correct Answer:
Restitution
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_____ is defined as providing educational and employment training to help an offender successfully reintegrate into society
Answer
Correct Answer:
Rehabilitation
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_____ is fictional person used as a measuring stick to gauge the legal appropriateness of other’s behavior
Answer
Correct Answer:
Reasonable man
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Is qualified immunity limited protection for criminal justice professionals, typically law enforcement and correctional officers, from civil lawsuits brought by the public for a deprivation of their civil rights?
Answer
Correct Answer:
True
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_____ is known as the sole decision-making authority of the prosecutor to decide who to charge and what to charge
Answer
Correct Answer:
Prosecutorial discretion
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_____ is defined as when litigants feel they were treated fairly by the judicial system, despite the case outcome
Answer
Correct Answer:
Procedural justice
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_____ is prior cases that are close in facts or legal principles to the case now under consideration that controls the decision in the present case
Answer
Correct Answer:
Precedent
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Is police power a state’s power to enact laws and regulations for the health, safety, and welfare of residents?
Answer
Correct Answer:
True
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_____ is known as local government restrictions
Answer
Correct Answer:
Ordinances
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_____ is defined as giving a person his day in court
Answer
Correct Answer:
Opportunity to be heard
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_____ is everyone agrees the criminal justice professional’s behavior is correct under the circumstances.
Answer
Correct Answer:
Objectively reasonable
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Is notice the government notifying a defendant of the charges?
Answer
Correct Answer:
True
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_____ is known as congress may share what power it has with the executive and judicial branches, subject to an intelligible principle.
Answer
Correct Answer:
Nondelegation doctrine
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_____ is defined as article I, Section 18, of the Constitution, which gives Congress broad authority to make all laws that are “necessary and proper” for carrying out its government functions
Answer
Correct Answer:
Necessary and Proper Clause
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_____ is the model that defines uniform concepts of criminal liability, defenses, and sentencing; the MPC is not law, but is a model on which many states have patterned their own criminal and penal codes
Answer
Correct Answer:
Model Penal Code (MPC)
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Is magistrate a lower level federal judge who typically signs warrants?
Answer
Correct Answer:
True
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_____ is known as area of control for a court, state or federal government
Answer
Correct Answer:
Jurisdiction
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_____ is defined as the power that the U.S. Supreme Court granted to itself to invalidate an act or law of the executive and legislative branches
Answer
Correct Answer:
Judicial review
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_____ is a guiding precept that restrains and limits the power Congress delegates to the executive or judicial branches to carry out government functions
Answer
Correct Answer:
Intelligible principle
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Is incorporation through the fulcrum of the 14th Amendment, the U.S. Supreme Court required states to provide the Bill of Rights’ protections to its citizens?
Answer
Correct Answer:
True
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_____ is known as incapacitation of offenders by imprisonment
Answer
Correct Answer:
Incarceration
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_____ is defined as the court’s decision on a case or its answer to the legal questions presented in the case
Answer
Correct Answer:
Holding
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_____ is mistake at a criminal trial that does not affect the result
Answer
Correct Answer:
Harmless error
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Is good faith government action with no nefarious motive?
Answer
Correct Answer:
True
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_____ is known as amendment to the Constitution that was enacted to make all persons born in the country citizens; contains Equal Protection and Due Process clauses that protect all citizens from government overreach
Answer
Correct Answer:
Fourteenth Amendment
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_____ is defined as dual sovereignty of the federal and state governments
Answer
Correct Answer:
Federalism
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_____ is federal law will supersede a state law that is not aligned with a federal objective.
Answer
Correct Answer:
Federal preemption
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Is equal protection the Fourteenth Amendment clause that mandates equal treatment for all under the law?
Answer
Correct Answer:
True
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_____ is known as clause found in the Fifth and Fourteenth amendments that guarantees fair treatment by the government
Answer
Correct Answer:
Due process
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_____ is defined as punishing offenders, or passing laws that guarantee certain penalties for crimes, as a warning to would-be criminals that crime does not pay
Answer
Correct Answer:
Deterrence
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_____ is laws that guide the criminal trial and appeal process
Answer
Correct Answer:
Criminal procedure
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Is criminal law government defined acts worthy of punishment?
Answer
Correct Answer:
True
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_____ is known as crime theory that posits the powerful in society use criminal justice agencies against the weak
Answer
Correct Answer:
Conflict theory
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_____ is defined as judge-made law based on societal custom and tradition
Answer
Correct Answer:
Common law
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_____ is article I, Section 8, Clause 3 of the Constitution, conferring jurisdiction on the federal government to prosecute crimes when the alleged criminal activity substantially affects interstate commerce
Answer
Correct Answer:
Commerce Clause
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Is case law judicial opinions written by judges deciding cases before them?
Answer
Correct Answer:
True
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_____ is known as process of organizing information from reading case law
Answer
Correct Answer:
Case brief
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_____ is defined as the first ten amendments to the U.S. Constitution guaranteeing civil liberties
Answer
Correct Answer:
Bill of Rights
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_____ is protects as confidential the communication between the attorney and client
Answer
Correct Answer:
Attorney–client privilege
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Is article III of the Constitution creates one U.S. Supreme Court and grants federal courts the power to hear cases?
Answer
Correct Answer:
True
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_____ is known as grants the executive branch (president and federal agencies) the power to enforce the laws
Answer
Correct Answer:
Article II of the Constitution
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_____ is defined as grants Congress (House of Representatives and Senate) the power to make laws
Answer
Correct Answer:
Article I of the Constitution
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_____ is the one trying to maintain the case outcome
Answer
Correct Answer:
Appellee
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Is appellant the one seeking the appeal?
Answer
Correct Answer:
True
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_____ is known as legislative check on the executive branch to prevent the president from appointing a mere figurehead to a position of federal power
Answer
Correct Answer:
Advice and consent
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_____ is defined as rules and guidelines enacted to fulfill the legislature’s broad grant of authority to meet the administrative agency’s public mission
Answer
Correct Answer:
Administrative regulations
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_____ is judges, prosecutors, and defense counsel are protected from civil lawsuits for harm flowing from the performance of their professional duties.
Answer
Correct Answer:
Absolute immunity
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In a criminal case, due process means ______.
Answer
Correct Answer:
Notice and opportunity to be heard
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The nondelegation doctrine means the three branches of government can share power with each other without an intelligible principle.
Answer
Correct Answer:
False
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Good faith means law enforcement officers approach a situation with “clean hands” and no evil motive.
Answer
Correct Answer:
True
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The advice and consent of the Senate clause in the U.S. Constitution is a legislative check on the Executive Branch to prevent the President from appointing a mere figurehead to a position of federal power.
Answer
Correct Answer:
True
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The Commerce Clause is the constitutional hook for the federal government to obtain ______ over state criminal matters.
Answer
Correct Answer:
Jurisdiction
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Arizona passed a state law regulating illegal immigration, but the U.S. Supreme Court invalidated some of the law’s provisions based on the doctrine of ______.
Answer
Correct Answer:
Federal preemption
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A state’s authority to enact criminal laws regulating conduct is called a state’s ______.
Answer
Correct Answer:
Police power
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Which of the following criminal justice actors does not enjoy absolute immunity?
Answer
Correct Answer:
Law enforcement
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Law enforcement officers often testify in criminal trials about ______.
Answer
Correct Answer:
Evidence of defendant’s guilt
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Jenny sees a diamond necklace but cannot afford one. Jenny steals the necklace. Jenny’s actions can be described by the following criminogenic theory ______.
Answer
Correct Answer:
Strain
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The goal of incapacitation as punishment is to ______.
Answer
Correct Answer:
Protect the public
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In a criminal law and procedure class, the instructor showed a brief video of a police officer arresting a suspect. The entire class agreed the arrest was supported by probable cause and lawful. The class found the officer’s behavior ______.
Answer
Correct Answer:
Objectively reasonable
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After a trial, when one party appeals the court’s decision, the appeals court writes an opinion known as ______.
Answer
Correct Answer:
Case law
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The colonists brought from England ______.
Answer
Correct Answer:
Common law
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Criminal law is created ______.
Answer
Correct Answer:
When government condemns certain acts
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