Judicial branch test

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67 Terms

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Perjury
lying under oath
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Grand jury
Their role is to determine the charge and if there’s enough evidence to move forward with prosecution
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Jury
Their role is just to determine if there’s guilt
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Original jurisdiction
What do district courts (state and federal levels) have?
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Opinion
When supreme court makes a ruling
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Verdict
When the jury makes a ruling
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Judicial review
The supreme court has the final authority to declare acts of congress unconstitutional
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Marbury v. Madison
Which case established the principle of judicial review?
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Precedent
A court case that sets the basis for other cases in the future
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Amicus Curiae
Friend of the court
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Secular schools
Non religious
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Parochial schools
Religious school (seminary)
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Slander
Verbal false/hate speech
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Libel
Written false/hate speech
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Hustler Magazine v. Falwell
Which case decided that no famous person can sue over slander/libel?
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Hamilton
Author of Federalist 78
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The judicial branch and life tenure for judges
Main idea of Federalist 78
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Voir dire
Process by which a jury is selected
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Real property
Not movable (house, land, barn, tree)
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Personal property
Movable (car, jewelry, bank accounts)
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Felony
Crime where you go to jail for more than one year
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Misdemeanor
Jail for less than one year
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Double jeopardy
A person may not be tried twice for the same crime, fifth amendment
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Statute of limitations
The amount of time someone can report a crime
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Affidavit
A sworn statement confirmed by oath, used as evidence in court
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Implied contract
An assumed contract
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Expressed contract
A contract that is written or directly stated
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Plessy v. ferguson
Which court case established separate but equal?
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Brown v. Board of education
Which case overturned Plessy v ferguson?
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Statute
Law passed by a legislature
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Ordinance
Law not passed by a legislature, could be passed by city or something else
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Mistrial
tTrial rendered invalid through an error on its proceedings
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Mistrial with prejudice
A trial where the prosecution cannot prosecute again
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Roe v. Wade
Which case legalized abortion?
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University of California v. Bakke
Which case upheld affirmative action?
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California v. azevedo
Which court case decided the police do not need a search warrant for a vehicle if there’s probable cause?
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Miranda v. Arizona
Which case determined the Miranda rights (you have the right to remain silent, you have the right to an attorney, etc)?
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Establishment clause
Prohibits congress from establishing a religion for the country (states can’t do this either)
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12, 15 total for backups
How many men and women compose a jury?
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9
How many justices make up the supreme court?
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Tort
A wrongful act or infringement of a right or another person, leading to a civil liability
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Reasonable man test
“did you wake up in the morning with criminal intent? no.”
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Plea bargain
Plea guilty to a lesser charge; negotiation between prosecution and defense; prosecution always initiates this
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Reynolds v. US
Which case decided that polygamy is prohibited?
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Five levels of evidence
Prima facie, probable cause, preponderance of the evidence, clear and convincing, proof beyond a reasonable doubt
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Settle out of court
What do plaintiffs and defendants do in most civil cases?
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Exclusionary rule
Evidence that was obtained illegally cannot be used in court
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Substantive criminal law
Defines what types of conduct are criminal and prescribes the penalties
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Procedural criminal law
Involves the rules designed to implement the substantive law
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Western criminal law codes
Sumerian codes, codes of hammurabi, mosaic law, greco-roman law, magna carta, english bill of rights, US constitution and bill of rights, US supreme court rulings
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Crime
A public wrong (as opposed to a private wrong); an act of omission/commission
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Felony murder
Committing murder in the act of another felony
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Accessory to murder (before the fact)
Same charge as murder
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Accessory to murder (after the fact)
Lesser charge than murder but still serious
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Quid pro quo
“You do this for me, I do this for you”
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Sandbagging
Intentionally lowering expectations to beat them
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Forgery
Forging or producing a copy of a document or signature
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Megan’s law
The sex offender registry can be viewed by the public
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Dred Scot v. Sanford
Which case says that states cannot deprive a person of his right to property?
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Grutter v. Bollinger
Which case decided that the use of racial preference is permitted for universities when deciding which students to admit?
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Mapp v. Ohio
Which case decided that illegally obtained evidence cannot be used in court?
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New Jersey v. TLO
Which case decided that schools are only required to have "reasonable suspicion" to search students?
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Dobbs v. Jackson Women's Health Organization
Which case decided that abortion was not ruled a constitutional right?
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The criminal justice system
The network of government and private agencies intended to manage, accuse, and convict a criminal is comprised of multiple interrelated pillars consisting of academia, law enforcement, forensic services, the judiciary, and corrections.
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False
All members of the federal court system must have a law degree
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Violent felonies
Homicide, robbery, armed robbery, burglary, drug trafficking, selling drugs on school campus, arson, malicious destruction of property.
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Misdemeanor examples
Petty theft, prostitution, public intoxication, simple assault, trespassing, shoplifting, vandalism, reckless driving, indecent exposure.