Class Notes pt. 1

Question 1

The federal __________ acts as the baseline for law in all states

Answer 1

Constitution

Question 2

Nevada is under the _____ __________ _______

Answer 2

Dual Sovereignty Doctrine

Question 3

When is Double Jeopardy?

Answer 3

when one soveign tries to charge someone for the same crime

Question 4

True or False: people can be tried in both courts because federal and state courts are different

Answer 4

True

Question 5

people can be tried in both courts because federal and state courts are different, except in _________

Answer 5

Nevada

Question 6

When can a person be charged twice?

Answer 6

If it’s in two different soverigns, this is due to Dual Sovereignty Doctrine

Question 7

Is it double jeopardy if it is differnt crimes form the same event?

Answer 7

No

Question 8

Does it count as double jeopardy if going from state court to federal court?

Answer 8

No

Question 9

What is jurisdiction?

Answer 9

what causes a court can hear and what type of case it is

Question 10

What are the 3 different types of courts?

Answer 10

1) appellate court
2) origina/general court
3) limited court

Question 11

The _______ is where the case actually happens or is heard

Answer 11

Venue

Question 12

True or False: if someone commits a crime in both states they can be prosecuted in only one of the states

Answer 12

False; if someone commits a crime in both states they can be prosecuted in different states

Question 13

True or False: According to Double Jepoardy, if you commit two different robberies you can only be charged with one

Answer 13

False; you can be charged with twice with two similar yet different crimes

Question 14

______ is an area within the jurisdiction

Answer 14

venue

Question 15

__________= stare decisis

Answer 15

precedent

Question 16

__________- the decisions that have been already made

Answer 16

precedent

Question 17

Both Supreme Courts have the ability to _______ or ______ laws

Answer 17

change

define

Question 18

List the federal court system from top to bottom.

Answer 18

1) U.S. Supreme Court
2) Circuit Court of Appeals
3) U.S. District Court

Question 19

What is located under the U.S. District Courts?

Answer 19

1) Article 3 Trial Judges

2) Magistrate Judges

Question 20

List the Nevada (State) court system from top to bottom.

Answer 20

1) Nevada Supreme Court
2) Court of Appeals
3) District Courts
4) Justice + Municipal Court

Question 21

U.S. District Court, is also known as _____ ______

Answer 21

trial court

Question 22

Article III refers to Article 3 of the ___________

Answer 22

constitution

Question 23

______ __ judges are appointed for life

Answer 23

Article 3

Question 24

How many federal courts are in Nevada?

Answer 24

2

Question 25

Magistrate Judges hold __yrs terms

Answer 25

8

Question 26

_________ Judges are appointed

Answer 26

Magistrate

Question 27

Magistrate Judges do ___________ (less than a year) _____

Answer 27

misdemeanor | trials

Question 28

Magistrate Judges hear ________ ___________ for felonies

Answer 28

initial appearances

Question 29

______ _____ ___ ________ have to hear all cases and hear appeals from U.S. District Courts

Answer 29

Circuit Court of Appeals

Question 30

Circuit Court of Appeals have to hear all cases and hear appeals from ___ _______ ______

Answer 30

U.S. District Courts

Question 31

Circuit Court of Appeals have to hear all ______ and hear ______ from U.S. District Courts

Answer 31

cases | appeals

Question 32

True or False: the U.S. Supreme Court has to hear all cases

Answer 32

False; the U.S. Supreme Court does not have to hear all cases

Question 33

The U.S. Supreme Court hears appeals from _______ ______ __ _______

Answer 33

Circuit Court of Appeals

Question 34

If the U.S. Supreme Court decides not to take a case, then which court makes the final decision?

Answer 34

Circuir Court of Appeals

Question 35

________ and _________ Court handles demeanors

Answer 35

Justice | Municipal

Question 36

Most courts have an intermediate _______ ___ _______

Answer 36

court of appeals

Question 37

The ____ ___ ______ was first implemented in the federal government

Answer 37

Bill of Rights

Question 38

What makes up the 4th Amendment?

Answer 38

-searches & seizures

Question 39

What makes up the 5th Amendment?

Answer 39

- self-incrimination - double jeopardy - grand jury indictment - due process

Question 40

What makes up the 6th Amendment?

Answer 40

- speedy trial - confront witnesses - impartial jury - accusation - right to counsel

Question 41

What makes up the 8th Amendment?

Answer 41

- cruel and unusal punishment | - excessive bail

Question 42

What makes up the 14th Amendment?

Answer 42

- due process | - equal protection

Question 43

Grand jury indictment is just a _______ right

Answer 43

federal

Question 44

________ _____= self incrimination case

Answer 44

Miranda Case

Question 45

What constitutes a speedy trial?

Answer 45

is generally within 120 days; is not heavily enforced; is often waved

Question 46

What is the difference between due process and equal protection?

Answer 46

due process- everyone goes through a fair procedure | equal protection- you treat people who are similar in the same way

Question 47

The doctrine of selective incorporation is under which amendment?

Answer 47

14th Amendment