Journalism Quiz # 4

_______ is a request that a court dismiss a case on the grounds that although the claims are true .

Judgments

Intentions

Demurrer

The pretrial process of gathering evidence and facts. The word also may refer to the specific items of evidence that are uncovered is known as _______ .

Judgments

Intentions

Demurrer

Discovery

Discretion is the authority to determine the ______ .

Proper income.

Improper outcome.

Proper outcome.

None of these

Dissenting opinion is a separate opinion of a minority of the court or a single judge or justice disagreeing with the result reached by the majority .

True

False

Distinguish from preceden used to justify an outcome in a case by asserting that differences between that ______ cases outweigh any similarities.

Case

Preceding

Both a & b

None of these

Doctrines judicial decision making .

True

False

Which process is guaranteed by the Fifth and 14th Amendments to the U.S. Constitution ?

Due process

En banc

Dissenting opinion

None of these

The judges of a circuit court of appeals will sit en banc to decide important or controversial cases,this statement is related to ______ .

Due process

En banc

Dissenting opinion

None of these

Equity law decides cases based on fairness and ethics and also to determine the proper remedy.

True

False

Executive orders are orders from a government executive, such as the ______ , that have the force of law.

President

A governor

A mayor

All of these

Facial meaning is the plain and straightforward meaning.

True

False

A principle according to which the states are related to yet independent of each other and are related to yet independent of the federal government is known as ______ .

Due process

En banc

Federalism

None of these

Forum shopping is a practice whereby the plaintiff chooses a court in which to sue because he or she believes the court will rule in the plaintiff’s favor.

True

False

Grand jury is a group summoned to hear the state’s evidence in criminal cases and decide.

True

False

The decision or ruling of a court is known as _____ .

Due process

Holding

Federalism

None of these

Judicial review determines the meaning of the Constitution and to decide whether laws violate the Constitution.

True

False

Jurisdiction the ______ area of responsibility and authority of a court.

Geographic

Topical

Both a & b

None of these

An order announcing the vote of the Supreme Court without providing an opinion is known as ______ .

Memorandum order

Modify precedent

Motion to dismiss

Both a & b

Modifying precedent is to change rather than follow or reject precedent.

True

False

Moot is a term used to describe a case in which the issues presented are no longer.

True

False

A request to a court to reject a complaint because it does not state a claim that can be remedied by law or is legally lacking in some other way is known as .

Memorandum order

Modify precedent

Motion to dismiss

Both a & b

Original jurisdiction is the authority to consider a case at its inception, as contrasted with appellate jurisdiction.

True

False

Define Originalists :

A principle that directs courts to find laws unconstitutional if they restrict more legal activity than necessary.

To reject the fundamental premise of a precedent.

Supreme Court justices who interpret the Constitution according to the perceived intent of its framers.

None of these

A principle that directs courts to find laws unconstitutional if they restrict more legal activity than necessary is known as ______ .

Memorandum order

Modify precedent

Motion to dismiss

Overbroad laws

Overrule is to reverse the ruling of a lower court.

True

False

To reject the fundamental premise of a precedent, this statement is related to ______ .

Overturn precedent

Memorandum order

Modify precedent

Motion to dismiss

Per curiam opinion is an unsigned opinion by the Court as a whole.

True

False

During jury selection, a challenge in which an attorney rejects a juror without showing a reason,this statement is related to ______ .

Overturn precedent

Peremptory challenge

Modify precedent

Motion to dismiss

The party who files a complaint; the one who sues is known as ______ .

Plaintiff

Peremptory challenge

Modify precedent

Motion to dismiss

Questions not subject to judicial review because they fall into areas properly handled by another branch of government is known as______ .

Political questions

Peremptory challenge

Modify precedent

Motion to dismiss