CJL 3512 FIU COURTS MIDTERM 1

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100 Terms

1

laws or statutes passed by local governments are known as administrative regulation

false

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2

most courts in america are trial courts

true

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3

corpus delicti refers to the essential elements of a crime

true

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4

how many judgeships in u.s. court of appeals

179

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5

uncodified

law found in many sources

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6

substantive law

establishes the methods for enforcing legal obligations

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7

preponderance of evidence

burden of proof in a civil case

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8

article 3 in constitution provides an outline for the federal judiciary

true

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9

The three main components of the American Criminal Justice System

courts, police, corrections

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10

discovery

exchange of information prior to trial

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11

Under the inquisitorial system of justice the burden falls on the prosecutor to prove the defendant guilty beyond a reasonable doubt

false

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12

due process model of criminal justice emphasizes the protection of society

false

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13

case law

court opinions expanding the common law and interpreting statutes or constitutions

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14

a trial before a judge and without a jury is called a bar trial

false

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15

self defense

an example of defenses of justification

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16

anglo american law

american common law tradition

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17

Full time U.S. Magistrate Judges are appointed to four year terms

false

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18

judicial bodies created by congress under article 1 are commonly referred to as constitutional courts

false

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19

most state court judges are appointed by the state supreme court

false

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20

us sentencing commission is an agency under the executive branch of government

false

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21

courthouse actors: law clerk belongs to

court personnel

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22

seven months

length of time it took avg criminal case to be filed in federal courts in the 1970s

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23

Which of the following is not an element of therapeutic jurisprudence?

centralized administration

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24

what group depends on the defense attorney to pressure the defendant to plead guilty

judges and prosecutors

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25

Which of the following is not a statutory responsibility of a U.S. attorney:

receive authorization from the solicitor general to review an appeal to a ruling

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26

most trial courts of limited jurisdiction are funded and operated

locally

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27

which of the following is not a characteristic of the court room work group

individual decision making

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28

federal speedy trial laws are designed to protect

the interests of society

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29

us attorneys fall under the supervision of

the attorney general

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30

courthouse actors: bail agent belongs

the public

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31

horizontal prosecution

employed by large prosecutors offices in big cities

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32

Self-Representation

limited to those can show the trial judge that they have the ability to conduct the trial

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33

researchers agree that the law on the books approach to court delays by issuing more and more rules and regulations are

ineffective in speeding up case dispositions

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34

which of the following is not a court manager

sheriff

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35

supreme court case giving juveniles the right to counsel

in re gault

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36

which of the following is not a duty of the court clerk

writing opinions

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37

"gambler" defense attorney

maintains hostile relationship with the prosecutors office

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38

litigants may appeal from their state's court of last resort to the

us supreme court

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39

Ross v. Moffitt (1974)

There is no right to counsel provided for the second, discretionary appeal or appeals to the supreme court

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40

322

how many judges in florida country courts

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41

12-14 million

people arrested each year

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42

7

how many judges in florida supreme court

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43

why do most lawyers avoid representing criminal defendants because

few chances of victory

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44

94

how many districts in us court system

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45

after the american revolution the power of state courts was drastically reduced and taken over by the federal judiciary

false

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46

the prosecutor must show probable cause at the preliminary hearing in order to establish that the defendant was involved in the crime

true

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47

courthouse actors: probation officer belongs to

corrections

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48

solicitor generals office only generally requests supreme court review in:

-cases with a high degree of significance
-cases in which the government has a reasonable legal argument

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49

solicitor general

the 3rd highest ranking official of the justice department

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50

Original and appellate jurisdiction fall under the hierarchal jurisdiction classification of jurisdiction

true

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51

due process model of criminal justice is usually associated with reactionary politics

false

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52

The Rule of Four means that the majority of the U.S. Court Justices must approve a writ of certiorari petitioning the High Court to hear a case

false

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53

The relationships between the components and agencies in the American Criminal Justice System are characterized by tension and conflict

true

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54

The Defenses of Excuse permit defendants to argue that they were somewhere else at the time that the crime was committed

false

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55

The most important goal of the crime Control Model of the Criminal Justice System is the reduction of prison population

false

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56

A person contesting a traffic ticket would most likely appear in a court of general jurisdiction

false

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57

To restrict minor disputes in federal court, in 1996 congress raised the amount in controversy in civil disputes to $ 75,000.

true

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58

After a person is arrested and booked, then the next step will usually be an arraignment

false

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59

a statute is law enacted by the legislature

true

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60

Chief Justice Marshal created the power of judicial review in the case of Marbury v. Madison

true

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61

U.S. District Court Judges are nominated by the President of the United States and do not require congress confirmation

false

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62

The U.S. Constitution is a relatively long document with over 43,000 words

false

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63

courthouse actors: bailiff belongs to

law enforcement

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64

one us attorney covers both

guam and the mariana islands

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65

5

how many district court of appeals in state of florida

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66

most important member of courtroom work group

prosecutor

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67

publice defenders

usually assigned permanently to a single courtroom and usually work every day with the same judges

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68

An advantage to the public defender system is that

it likely provides more experienced counsel

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69

Berger vs US (1935)

supreme court says "while a prosecutor may strike hard blows he is not at liberty to strike foul ones"

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70

Which of the following is not a trial court of general jurisdiction?

justice of the peace court

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71

Contract system are most often found in counties with populations of less than:

50k

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72

County courts in the state of Florida consist of how many counties?

67

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73

Congress created U.S. Magistrate Judges in 1968 to replace the former U.S. Circuits Court Judges of General Jurisdiction.

false

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74

grand jury review is required in all federal felony cases

true

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75

actus reus refers to a particular level of criminal intent

false

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76

actus reus refers to the body of crime

false

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77

The American Criminal Justice System and its components are both unitary and fragmented

false

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78

The most common reason given for why criminal courts do not administer justice according to the textbook image is:

assembly line justice

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79

105

How many intermediate court of appeal judges will you find in the state of California?

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80

The protections of the 5th, 6th and 14th Amendments during a criminal proceeding deal specifically with civil procedure.

false

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81

juries are never used in appellate court proceedings

true

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82

Terrorists classified as military non-combatants are currently tried in military tribunals

true

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83

critics of the assigned cancel system contended that

?????

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84

Which of the following is not a finding of the National Center for State Courts?

CASE DELAY CAUSES DETERIORATION OF CASES OR PRESSURE PROSECUTOR TO OFFER LENIENT PLEA BARGAINS

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85

which of the following is not a common element of community prosecution?

THE MOST EFFECTIVE RESULTS ARE OBTAINED BY FOCUSING ON INDIVIDUAL ARRESTS

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86

Which of the following is a general principle of a unified court system?

centralized administration

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87

A total of 3 to 5 person juries serve on a military court proceedings.

true

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88

The U.S. District Court system is composed of 94 districts.

true

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89

Most state court judges are appointed by the state Supreme Court

false

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90

Which of the following states have two courts of last resort?

oklahoman and texas

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91

Which of the following justices once remarked, 'The prosecutor has more control over life, liberty and reputation than any other person in America'?

robert jackson

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92

the term dual court system refers to the fact that in america we have a civil and criminal court system

false

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93

How many circuits in us court of appeal

11

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94

there are over 11,880 trial courts of limited jurisdiction

true

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95

the doctrine of using precedent is also known as in rem decisis

false

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96

public defenders are usually assigned

permanently to a single courtroom and usually work everyday with the same judge

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97

as discretion is concerned which is not of its major subcomponents

a governors pardon

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98

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

limited to state felony prosecutions
does not apply for appealed cases

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99

Brown v. Mississippi (1936)

Court ruled use of physical coercion to obtain confessions violates Due Process clause of 14th Amendment

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100

Faretta v. California (1975)

Defendants have the right to refuse counsel and act as own counsel. May also request different appointed counsel but judges do not have to oblige

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