CJ 204 Test 1 Review

How do you become a justice on the supreme court

Appointed by the president and confirmed by the Senate

What article of the Constitution states how to appoint justices?

article 3

Who is the chief justice?

Roberts

Last names of all justices (C or L)

Roberts - C

Thomas - C

Alito - C

Sotomayor - L

Kagan - L

Gorsuch - C

Kavanaugh - C

Barrett - C

Brown-Jackson - L

Which justice is a big nascar fan from georgia; most conservative

Thomas

Who is our first latino justice

Sotomayor

First black female justice

Brown-Jackson

Justice who was a former prosecutor

Sotomayor

Who is the first former public defender on the supreme court

Brown-Jackson

In NC what is the name of the court where misdemeanor cases are tried

NC District Court

What is the definition of a misdemeanor (range of punishment)

0-12 months

The range of punishment for a felony

1 year - death

Range of punishment in municipal court?

0-6 months

In NC felony cases are tried in which court

NC Superior court

In NC misdemeanor cases are tried in which court

NC District court

In NC Juveniles are tried at which court

NC district court

In NC what is the highest of the last court of judicial review (Highest appellate court in NC)

NC supreme court

What is Cullowhee’s federal district

Western district

What are the 3 federal district courts in NC?

Western

Middle

Eastern

Know how to read a law book citation

1st number = book number

2nd number = page number

Date of decision = year at the end of citation

What is the private action where 1 person sues the other for damages

Civil/Tort

Who is the person filing the lawsuit called?

Plaintiff

Level of proof in most civil cases

preponderance of evidence

in a criminal case what is the style (how is it named)?

State v. defendant

level of proof for arrest

probable cause

all criminal cases level of proof to convict

beyond a reasonable doubt

What do we call the treatise that was written in the 1960s by lawyers, judges, law professors which took all the definitions of crimes, and put them in one book, which is used by legislatures

Model Penal Code

No crime or punishment without a what?

without law

4 types of crime prevention

General deterrence

Specific deterrence

Rehabilitation

Incarceration

What is the doctrine that says “offenders should be punished with pain”

Retribution

The US has what % of world populations and yet what % of people incarcerated in the US

5% of the world population

25% of world incarceration

What do we call defenses where defendant must show some evidence to prove defense

Affirmative defense - burden of production

There is no such thing as what kind of verdict in criminal law

Innocent

What kind of democracy means that the majority may not pass a law that infringes or violates the constitution of the democracy? 

Constitutional democracy

What is the doctrine that states that no person, even the president, is above the law of the land

Rule of law

Every lawyer in the world knows this case that established the doctrine that allows the supreme court to decide if a law is constitutional

Marbury v. Madison

What clause of the Constitution prohibits the prosecution of a crime that wasn't a crime when the act was committed

Ex post facto

Law is unconstitutional if stated in a way reasonable people can't understand what the law says?

Void for vagueness doctrine

14th Amendment “Nor shall any state deprive any person of life, liberty, or property without ???. Nor deny any person within their jurisdiction the ???

due process of law

equal protection of the law

14th amendment was passed after what historical event

the civil war

what ammendment prevents cruel and unusual punishment?

8th

Which amendment provides the right to an attorney

6th

Which amendment require probable cause for search & seizure and arrest

4th

Which Amendment gives you the right to remain silent?

5th

Which amendment is the right to bear arms?

2nd

Which case in 1896 held that seperate but equal was not unconstitutional?

Plessy v. Furgeson

What did Louisiana mandate the segregation of?

Railroad passenger cars

The above was reversed in 1954 in what case out of Kansas?

Brown v. Board of Education

In that case a man was segregated what institutions?

Public schools

If a law discriminates based on religion, race, or gender, the courts must apply which test to determine if the law is unconstitutional?

Heightened scrutiny

Tinker v. Des Moines school district, held that the school board can’t expel students for peaceful protesting wars as it violates what?

1st amendment rights

Give an example of conduct that is not protected under the 1st amendment

Stripping

What rights were passed onto the states through the 14th amendment?

Fundamental rights

What case in 2008 told us that the 2nd amendment was one of those rights?

District of Columbia v. Heller

What is the introductory clause of the 1st amendment?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

What do we call a right that is not explicitly said in the constitution but is still protected by the constitution called?

Penumbra

What was the case that this word came out of, which declared that prohibiting the distribution of condoms to women unconstitutional?

Griswold v. Connecticut

Roe v. Wade overturned a Texas law that ruled what?

abortion is illegal

Hardwick v. Bowers upheld the Georgia ___ statute that made oral sex a felony of 20 years

sodomy

Lawrence v. Virginia overturned which case?

Hardwick v. Bowers

Loving v. Virginia overturned a law that prohibited what?

sex/marriage between people of different races

Stanley v. Georgia overturned a law that prohibited what?

pornographic material

Dobbs v. Jackson overturned what famous case?

Roe v. Wade

Explain Alito’s rationale for overturning Roe v. Wade

Overturned the case because the legality of abortion is not explicitly stated in the Constitution

For there to be a Death penalty imposed, there must be an act that resulted in what?

death of another person

What type of adult cannot get the death penalty?

the mentally retarded

What case held that juvenile offenders cannot get the death penalty?

Roper v. Simmons

What case held that juvenile offenders cannot get life without parole?

Graham v. Florida