cj exam 3

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US supreme court cases that determine how the constitution is to be determined are called

landmark cases

which below is a federal lower court whose powers are limited to try lesser misdemeanors, setting bail, and assisting district courts in various legal matters

US magistrate courts

when the decision of a court by a higher court and the case is returned to the court of original jurisdiction with instructions to correct the judicial error, it is said to have been

remanded

on which tier can the courts of general jurisdiction (trial courts) be found in the federal court system

tier 2

which amendment to the constitution provided that powers not specifically delegated to the federal government were reserved to the states

10th amendment

which of the following is a characteristic of a civil trial

the plaintiff is responsible for own expenses and witnesses

which principle was established by marbury v madison

the power of judicial review

the authority for establishing a federal court system is

article 3 of the us constitution

what is a writ of certiori

a ruling by an appeals court or supreme court to a lower court to forward the record of a case to the court for review

in which of the following courts usually is no transcription of the trial made

courts of limited jurisdiction

A judge's order to participants and observers at a trial that the evidence or proceedings of the court may not be published, aired, or discussed publicly is a

Gag order

What is usually required for a court to have jurisdiction over a crime?

Some part of the crime must have been committed within the jurisdiction of the court.

The right to a speedy trial refers to

the time between arrest and trial.

Trying someone twice for the same offense is called

double jeopardy.

Courts of limited jurisdiction are

not courts of record.

Which Amendment to the Constitution guarantees the defendant the right to a speedy trial?

6th amendment

What happens if a defendant is found to be incompetent to stand trial?

The trial postponed until the defendant can comprehend the charges against him or her and is able to assist in the defense.

The current practice of many courts is to select jurors from which of the following?

Licensed drivers, voter registration list, telephone book, and persons with state identification cards

The concept that defendants comprehend the charges against them and are able to assist their attorney in their defense is known as

competent to stand trial.

Defense counsel for a defendant who cannot afford a private attorney is providing what kind of defense?

indigent defense.

Which punishment philosophy centers upon rehabilitating the victim rather than an offender?

restorative justice

In which case did the U.S. Supreme Court effectively ban the use of the death penalty?

Furman v. Georgia

A structured sentencing model that attempts to balance sentencing guidelines with mandatory sentencing and at the same time provide discretion to the judge is called

presumptive sentencing.

The Insanity Defense Reform Act of 1984 requires a defendant in federal court found not guilty by reason of insanity to undergo

a civil commitment examination.

"Get-tough" sentencing would support punishment because the criminal deserves it. Another name for this philosophy is

retribution

In which case did the U.S. Supreme Court require bifurcated trial structure for death penalty cases?

Gregg v. Georgia (1976)

Why is there concern over the selection of judges by popular election?

The cost of elections and the need to win elections may influence the fairness and impartiality of judges.

 convicted offender's background, attitude, and circumstances surrounding the offense are summarized for the judge by a probation officer prior to sentencing. This report is called a

presentence investigation.

Why does the criminal justice system provide a different standard of punishment for offenders with mental illness?

The law assumes the defendant lacks the necessary mens rea to be held criminally liable for his or her actions.

One of the historically oldest forms of punishment that removed an offender from society, with the understanding that if they returned they would be put to death was called

banishment.