The Court System Test 2

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50 Terms

1
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Law can be described as a body of rules of specific conduct which is prescribed by a legitimate authority in a particular jurisdiction

True

2
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In a criminal case, the standard of proof is beyond a reasonable doubt

True

3
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Law can be an avenue in which social biases may be resolved, thus resulting in social change

true

4
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administrative law affects our daily lives

true

5
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in a civil case, the standard of proof is by a preponderance of the evidence

true

6
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the rules and regulations must follow is an example of administrative law

true

7
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subject matter jurisdiction refers to the type of case a court has the authority to hear

true

8
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geographical jurisdiction is determined by the boundaries where a crime was committed

true

9
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the highest court in the united states is the supreme court

true

10
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overcharging defendants is closely associated with prosecutorial bluffing

true

11
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if a crime is committed in a national park, the case will be heard in a federal court

true

12
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the prosecutor’s main objective is to have the jury find the defendant guilty

false

13
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concurrent jurisdiction means a case may fall under more than one jurisdiction

true

14
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the state of rhode island does not have a supreme court

false

15
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exculpatory evidence assists the prosecution

false

16
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one function of law is to have social control over members of society

true

17
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substantive law is the law “in the books”

true

18
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ineffective counsel can be cause for an appeal of a guilty verdict

true

19
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criminal courts hear both civil and criminal cases

false

20
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procedural law pertains to how the law is applied

true

21
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a defense attorney can “poke holes” in the prosecutor’s case

true

22
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few sanctions are in place in most jurisdictions to reprimand prosecutors who engage in prosecutorial musconduct

true

23
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trial proceedings in criminal court are adversarial in nature

true

24
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when prosecutors approach defense counsel and suggest they have a lot of incriminating evidence when they do not have such evidence, this is known as a form of prosecutorial bluffing

true

25
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there are six justices on the united states supreme court

false

26
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a defendant’s right to counsel is covered within the sixth amendment

true

27
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a defendant has the right to have a trial decided by a jury of his/her peers

true

28
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in a criminal trial, the burden of proof is placed on the prosecution

true

29
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brady materials are turned over to the defense during the discovery process

true

30
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the insanity defense is almost always successful when used as a defense strategy

false

31
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the role of the prosecutor may include

all of the above

32
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the sixth amendment states

all of the above

33
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the function of law includes

all of the above

34
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defendants may

represent themselves in court

35
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instances of prosecutorial misconduct may include

encouraging deceit from expert witnesses

36
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the case of brady v. maryland is a leading case dealing with

the discovery process as it pertains to exculpatory evidence being provided to the defense by the prosecutor prior to trial

37
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when a prosecutor brings charges against a defendant, with full knowledge the accused is innocent of the crime, this is referred to as

malicious prosecution

38
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as it relates to a criminal prosecution or defense, the term “mens rea” means

guilty mind

39
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inculpatory evidence

all of the above

40
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the public defender’s office

all of the above

41
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dispute resolution

is a function of law

42
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discovery is

choice 2 and 3 are correct responses

43
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procedural law refers to

how the law '“in the books” is applied

44
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in the case jencks v. united states

none of the above

45
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the criminal standard of proof is

beyond a reasonable doubt

46
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the united states supreme court

all of the above

47
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when a prosecutor approaches a defense counsel and suggest he/she has a magnitude of incriminating evidence, when in face he/she has very little evidence, this is referred to as

prosecutorial bluffing

48
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it is unethical for ________ the attorney/client privilege of confidentiality

an attorney to violate

49
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expert witnesses may be called to testify by

both the prosecution and the defense

50
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when a defendant has confessed his crime to his attorney, the defense attorney

is prohibited from advising his client to take the stand and lie about the client’s role in the crime