1. _____ is a new trial before an appellate court.
Answer
Correct Answer:
Trial de novo
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2. Is tort civil action for injury to an individual or to his or her property?
Answer
Correct Answer:
True
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3. _____ is known as the clause in the U.S. Constitution that provides that federal laws take precedence over state laws.
Answer
Correct Answer:
Supremacy Clause
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4. _____ is defined as specific crimes and defenses and general principles.
Answer
Correct Answer:
Substantive criminal law
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5. _____ is precedent.
Answer
Correct Answer:
Stare decisis
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6. Is rule of four four Supreme Court justices are required to vote to hear a case?
Answer
Correct Answer:
True
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7. _____ is known as an individual against whom a collateral attack is directed.
Answer
Correct Answer:
Respondent
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8. _____ is defined as a state receives the common law as an unwritten part of a state’s criminal law.
Answer
Correct Answer:
Reception statute
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9. _____ is federal law is superior to state law in areas reserved to the national government.
Answer
Correct Answer:
Preemption doctrine
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10. Is precedent a judicial opinion that controls the decision of a court presented with the same issue. A court may conclude that a precedent does not fully fit the case it is adjudicating and distinguish the case before it from the existing precedent?
Answer
Correct Answer:
True
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11. _____ is known as duty to protect the well-being and tranquility of the community.
Answer
Correct Answer:
Police power
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12. _____ is defined as a judicial opinion that represents the views of the largest number of judges on court, although short of a majority. The plurality opinion is typically combined with a concurring opinion to constitute the court majority.
Answer
Correct Answer:
Plurality opinion
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13. _____ is crime punishable by less than six months in prison.
Answer
Correct Answer:
Petty misdemeanor
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14. 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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15. _____ is known as a decision that a court may consult to assist in a judgment that does not constitute binding authority.
Answer
Correct Answer:
Persuasive authority
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16. _____ 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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17. _____ is the first court to hear a case.
Answer
Correct Answer:
Original jurisdiction
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18. Is model Penal Code an influential criminal code drafted by prominent academics, practitioners, and judges affiliated with the American Law Institute to encourage state legislatures to adopt a uniform approach to the criminal law?
Answer
Correct Answer:
True
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19. Is misdemeanor crime punishable by less than a year in prison?
Answer
Correct Answer:
True
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20. _____ is known as crimes that are not inherently evil.
Answer
Correct Answer:
Mala prohibita
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21. _____ is defined as crimes that are inherently evil.
Answer
Correct Answer:
Mala in se
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22. _____ is the decision of a majority of the judges on a multiple-judge panel.
Answer
Correct Answer:
Majority opinion
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23. Is magistrate a lawyer who serves an eight-year term in a U.S. district court who issues search warrants, conducts preliminary hearings, and rules on pretrial motions?
Answer
Correct Answer:
True
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24. _____ is known as constitutional power of the U.S. Congress to regulate commerce among the states.
Answer
Correct Answer:
Interstate Commerce Clause
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25. _____ is defined as courts between municipal courts and the Supreme Court.
Answer
Correct Answer:
Intermediate appellate courts
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26. _____ is punishable by a fine.
Answer
Correct Answer:
Infraction
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27. Is information a document signed by a prosecutor charging an individual with a crime?
Answer
Correct Answer:
True
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28. _____ is known as deserving of shame or disgrace.
Answer
Correct Answer:
Infamous crimes
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29. _____ is defined as an accusation of criminal activity returned by a grand jury.
Answer
Correct Answer:
Indictment
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30. _____ is punishable by between six and twelve months in prison.
Answer
Correct Answer:
Gross misdemeanor
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31. Is gerstein hearing hearing to determine whether police possessed probable cause for an arrest?
Answer
Correct Answer:
True
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32. _____ is known as a legal issue before a court with no existing precedent on which to rely.
Answer
Correct Answer:
First impression
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33. _____ is defined as crime punishable by death or by imprisonment for more than one year.
Answer
Correct Answer:
Felony
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34. _____ is federal criminal statutes.
Answer
Correct Answer:
Federal criminal code
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35. Is en banc a case before a judicial panel comprising all judges on a federal court of appeals. Literally translated as the “entire court.”?
Answer
Correct Answer:
True
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36. _____ is known as sharing of power between federal and state governments. Each has different interests that permit both a state and a federal prosecution for the same crime.
Answer
Correct Answer:
Dual sovereignty
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37. _____ is defined as an opinion by a judge disagreeing with the majority of a multijudge court.
Answer
Correct Answer:
Dissenting opinion
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38. _____ is a court is not obligated to hear an appeal.
Answer
Correct Answer:
Discretionary appeal
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39. Is defendant individual charged with a criminal offense?
Answer
Correct Answer:
True
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40. _____ is known as investigation and detection of crime by the police and the procedures used at trial.
Answer
Correct Answer:
Criminal procedure
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41. _____ is defined as conduct that if shown to have taken place will result in a formal and solemn pronouncement of the moral condemnation of the community.
Answer
Correct Answer:
Crime
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42. _____ is courts in which a prosecution originates.
Answer
Correct Answer:
Courts of original jurisdiction
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43. Is courts of limited jurisdiction courts with jurisdiction over a narrow range of cases. Typically refers to state courts that prosecute misdemeanors and certain felonies and hear traffic offenses, set bail, and conduct preliminary hearings. These local courts are commonly called municipal courts, police courts, or magistrates’ courts?
Answer
Correct Answer:
True
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44. Is courts of general jurisdiction state courts that hear serious criminal and civil cases. In some states, these courts have jurisdiction over criminal appeals from courts of limited jurisdiction?
Answer
Correct Answer:
True
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45. _____ 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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46. _____ is defined as joint authority of courts of different jurisdictions. Typically refers to joint authority of federal and state courts over a legal matter.
Answer
Correct Answer:
Concurrent jurisdiction
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47. _____ is the common law may be applied where the legislature has not acted.
Answer
Correct Answer:
Common law states
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48. Is common law crimes crimes developed by the common law judges in England and supplemented by acts of Parliament and decrees issued by the king?
Answer
Correct Answer:
True
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49. _____ is known as a challenge to a conviction filed following the exhaustion of direct appeals.
Answer
Correct Answer:
Collateral attack
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50. _____ is defined as acts or omissions only are punishable that are contained in state criminal codes.
Answer
Correct Answer:
Code jurisdiction
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51. _____ is protects the individual rather than societal interest.
Answer
Correct Answer:
Civil law
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52. Is certiorari a writ or order issued by the U.S. Supreme Court assuming jurisdiction over an appeal. Four judges must vote to review a case?
Answer
Correct Answer:
True
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53. _____ is known as crime punishable by the death penalty or by life imprisonment in states without the death penalty.
Answer
Correct Answer:
Capital felony
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54. _____ is defined as a written legal argument submitted to an appellate court.
Answer
Correct Answer:
Brief
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55. _____ is a decision that establishes a precedent.
Answer
Correct Answer:
Binding authority
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56. Is bench trial trial before a judge without a jury?
Answer
Correct Answer:
True
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57. _____ is known as the party against whom an appeal is filed.
Answer
Correct Answer:
Appellee
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58. _____ is defined as intermediate or supreme courts of appeals.
Answer
Correct Answer:
Appellate courts
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59. _____ is the individual appealing.
Answer
Correct Answer:
Appellant
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60. A ______ is whatever the law declares to be a criminal offense and punishes with a penalty.
Answer
Correct Answer:
Crime
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61. The ability of legislators to enact criminal laws is not limited by public opinion.
Answer
Correct Answer:
False
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62. A judge has the discretion to issue a mere warning to a criminal defendant instead of requiring payment of a fine, as in the case of a misdemeanor, or a term of imprisonment, in the case of a felony.
Answer
Correct Answer:
True
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63. A broad variety of acts are defined as crimes.
Answer
Correct Answer:
True
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64. Legal action for civil wrongs is brought by individuals rather than ______.
Answer
Correct Answer:
State prosecutors
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65. The branch of law that protects public interest rather than the individual is known as ______.
Answer
Correct Answer:
Criminal law
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66. Offenses that are not considered “inherently evil” are only considered wrong because they are prohibited by statute are called ______?
Answer
Correct Answer:
Mala prohibita
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67. What is the foundation of the criminal justice system?
Answer
Correct Answer:
The criminal law
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68. All criminal convictions result in a fine or imprisonment.
Answer
Correct Answer:
False
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69. What one state considers to be a crime, will always be considered a crime in another state.
Answer
Correct Answer:
False
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