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American legal system > FINAL EXAM > Flashcards

FINAL EXAM Flashcards

1
Q

Statutes are laws passed by legislatures T/F

A

TRUE

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2
Q

Common Law is the Supreme Law of the Land T/F

A

FALSE

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3
Q

The sentencing structure used in North Carolina is known as Fair Sentencing
T/F

A

FALSE

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4
Q

A bench trial occurs when a jury finds the facts and a judge sentences if there is a conviction T/F

A

FALSE

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5
Q

Reasonable suspicion is required for an arrest warrant to be allowed to be sworn out on a defendant / suspect
T/F

A

FALSE

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6
Q

District and Superior Courts are the trial courts in North Carolina T/F

A

TRUE

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7
Q

The N. C. Supreme Court is the highest court in the country T/F

A

FALSE

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8
Q

In North Carolina felony cases begin in Superior Court T/F

A

TRUE

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9
Q

If a prosecutor and a defendant / defense attorney agree to a plea bargain a judge must accept the plea bargain when presented in court T/F

A

FALSE

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10
Q

Prosecutors in North Carolina are appointed by the governor T/F

A

FALSE

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11
Q

Defendants who choose to represent themselves in a court case represent themselves pro se T/F

A

TRUE

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12
Q

A Court Reporter is responsible for keeping up with the criminal case files and dispositions T/F

A

FALSE

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13
Q

Judges are elected in North Carolina T/F

A

TRUE

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14
Q

It is improper for members of the court room work group to associate with each other outside of the court house setting T/F

A

FALSE

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15
Q

An indictment by a grand jury is necessary for a felony to be tried in Superior Court T/F

A

TRUE

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16
Q

If a defendant requests a court appointed lawyer then the judge MUST appoint a lawyer for them regardless of their financial circumstance T/F

A

FALSE

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17
Q

The operation of two separate and distinct court systems in the United States is referred to as:

A

a dual court system

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18
Q

A ________________ listens to a case and decides the facts at trial and delivers a verdict: (12 people)

A

Petite Jury

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19
Q

What court do all criminal cases originate in North Carolina

A

District Court

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20
Q

What court is the primary trial court at the federal level?

A

U.S. District Court

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21
Q

Which court is NOT an appellate court?

A

Superior Court

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22
Q

The burden of proof required for a victory in a criminal is:

A

Beyond a reasonable doubt

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23
Q

__________________________ best describes the mechanism an attorney general or prosecutor may use to circumvent enforcing laws passed by the legislature:

A

Discretion

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24
Q

Which of the following is a type of court appointed attorney.

A

Public Defender

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25
Q

In which case did the U.S. Supreme Court hold that indigent defendants charged with a felony are entitled to the services of a lawyer paid for by the government:

A

Gideon V. Wainwright

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26
Q

Which amendment provides citizens the right to counsel:

A

6

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27
Q

When a Grand Jury returns an indictment it returns________________________.

A

True Bill

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28
Q

Juvenile Court and Superior Court are courts of ____________________________.

A

Record

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29
Q

All except the following are examples of court personnel.

A

Witness

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30
Q

Which of the following is a necessity to deal with a backlog of criminal cases?

A

Plea Bargain

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31
Q

This court room actor determines which cases that will be heard on a court calendar

A

Prosecutor

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32
Q

The key goal of the crime control model is:

A

Repression of criminal conduct

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33
Q

This amendment guarantees that citizens are free from unreasonable search and seizure:

A

4

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34
Q

A defendant charged with violation a federal statute will have their case heard in which court:

A

U.S. District Court

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35
Q

Referee in the court room; makes the rules

A

judge

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36
Q

Who represents the defendant

A

Defense attorney

37
Q

What are the three types of plea bargains

A

Charge, sentence and count

38
Q

What is the “large poll” called

A

Jury Vener

39
Q

Determines probable cause for the True Bill

A

Grand Jury

40
Q

What are the two types of evidence

A

direct and circumstantial evidence

41
Q

Which evidence is in favor to the defendant

A

Exculpatory evidence

42
Q

eyewitness testimony is______ evidence

A

Direct evidence

43
Q

Two amendments that make due process important to True Bill of Indictment

A

5 and 14

44
Q

Latin word for guilty mind

A

Mens Rea

45
Q

Latin word for crime/criminal

A

Actus Reus

46
Q

What is a trial without jury

A

Bench Trial

47
Q

which amendment provides right to a lawyer

A

6

48
Q

who represents the state bringing charges

A

prosecutor

49
Q

who keeps the records in a court room

A

court clerk

50
Q

who’s responsible for recording courts of record

A

court reporter

51
Q

Term for offer or not to offer

A

Discretion

52
Q

what are the two trial courts in NC

A

District and Superior

53
Q

In North Carolina felony cases begin in which court

A

Superior

54
Q

In NC misdemeanor cases begin in which court

A

District

55
Q

what are the two Appeal courts

A

Appellate and Supreme Court

56
Q

what is the highest court in NC

A

Supreme Court

57
Q

what is the trial court at a federal level

A

federal district court

58
Q

how many justices are in a Supreme Court

A

9

59
Q

Who has to approve 60 votes

A

Senate

60
Q

Right to________once indictment is returned

A

Discovery

61
Q

No contest and________plea is the right to enter

A

Alford

62
Q

Does jury is made up by who

A

Citizens

63
Q

Does burden of proof have to prove innocent?

A

Yes, never goes to defendant

64
Q

The supreme law of land is made up by the

A

Constitution

65
Q

What is the most common law

A

Statutes

66
Q

Law that’s been around for years over in Europe

A

Common law

67
Q

Judge made law; latin word for case president

A

Stare Decisis

68
Q

which court determines facts presented by evidence guilty or not guilty

A

Trial court

69
Q

Which rights are warnings before arrested

A

Miranda rights

70
Q

What are the two courts of records in NC

A

Superior and juvenile

71
Q

who Signs search or arrest warrants

A

Magister or judge

72
Q

Does the judge have to accept a plea

A

NO

73
Q

Money paid to guarantee appearance in court

A

Bond

74
Q

How many jurors sit in a criminal case in NC

A

12

75
Q

First court appearance is at which court

A

District court

76
Q

who signs off a search warrant

A

judge

77
Q

What is the evidence from illegal search

A

Fruit of the poisons tree

78
Q

Judges in NC are elected or appointed

A

Elected

79
Q

Who decides guilty or not guilty in court

A

Jury

80
Q

what are the four sources of law

A

constitutions, statutes, regulations and cases

81
Q

Allowing access to a file

A

Open file discovery

82
Q

defendant can only open through appointment

A

closed file discovery

83
Q

how long is consecutive sentencing

A

6-8 months

84
Q

What is the system of guidelines foe behavior

A

Morality law

85
Q

Application of law, focuses on rights rather than prosecutor

A

crime control model

86
Q

Veto can be override if it is not dead T/F

A

TRUE

87
Q

Crime is made up of______

A

elements

88
Q

safety in the court room is sealed by who

A

bailiff

89
Q

which federal court has jurisdiction

A

superior

American legal system (1 decks)

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