Government Lesson 15 Study Guide Flashcards

1
Q
Which of these does a prosecuting attorney represent?
A. the injured party in a lawsuit
B. the officials in the courtroom
C. the person accused of a crime
D. the government and the people
A

the government and the people

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2
Q
What is an order by the Supreme Court directing a lower court to send it the records of a case called?
A. a writ of certiorari
B. a writ of habeas corpus
C. a writ of mandamus
D. a writ of stare decisis
A

a writ of certiorari

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3
Q
What is the job of an appellate court when it takes a case on appeal?
A. to look for errors of law
B. to conduct a new jury trial
C. to weigh all the trail evidence
D. to determine the prope verdict
A

to look for errors of law

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4
Q
How does someone become a judge in the federal court system?
A. by a popular election
B. by a retention election
C. by presidential appointment
D. to determine the proper verdict
A

by a presidential appointment

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5
Q
Which of these established the present system of federal district and circuit courts?
A. Judiciary Act of 1789
B. Senate Judiciary Committee
C. Northwest Ordinance of 1787
D. Article III of the Constitution
A

Judiciary Act of 1789

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6
Q

What is meant by the term burden of proof?
A. the need to examine the reliability of witnesses
B. the challenge of finding a fair and impartial jury
C. the duty to prove alleged facts in a case with solid evidence
D. the obligation to consider a person innocent until proven guilty

A

the obligation to consider a person innocent until proven guilty

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7
Q
Which of the following is most likely to write an amicus curiae brief?
A. an appellate judge
B. a defense attorney
C. an interest group
D. a special prosecutor
A

an interest group

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8
Q
Which term refers to the person who files a lawsuit in a civil case?
A. bailiff
B. plaintiff
C. defendant
D. friend of the court
A

plaintiff

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9
Q

The below quotation supports which of the following approaches to making judicial decisions?

JUDGES ARE LIKE UMPIRES. UMPIRES DON’T MAKE THE RULES, THEY APPLY THEM

A. loose construction
B. judicial activism
C. judicial restraint
D. interpretivism

A

judicial restraint

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10
Q

Which of the following BEST describes the role of witnesses in a trial?
A. they provide key information to the jury
B. they help the courtroom proceedings function smoothly
C. they listen to the evidence in a trial and try to reach a verdict
D. they present physical evidence such as documents and objects

A

they provide key information to the jury

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11
Q
How many years is the term of a U. S. Senator?
A. 2 yrs
B. 4 yrs
C. 6 yrs
D. 8 yrs
A

6 yrs

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12
Q

All of the following is true about the Supreme Court EXCEPT that a decision:
A. is strictly irreversible
B. must be honored by lower courts
C. serves as a precedent for future cases
D. is supported by a legal doctrine called stare decisis

A

is strictly irreversible

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13
Q

What determines which appeals the Supreme Court will hear?
A. the attorney general assigns cases
B. the justices choose their own cases
C. the circuit court’s recommend cases
D. the special federal courts refer cases

A

the justices choose their own cases

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14
Q

Which of the following is an example of how the type of case may limit the jurisdiction of a state court?
A. An appeals court hears a case already tried in a trial court
B. A case involving a young offender is tried in a juvenile court
C. A state’s supreme court reviews the decision of an appellate court
D. A case involving a crime committed in a certain country is tried in theat country

A

A case involving a young offender is tried in a juvenile court???

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15
Q
In a civil trial, the burden of proof is placed on the:
A. defendant
B. expert witnesses
C. plaintiff
D. prosecution
A

plaintiff

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16
Q
The governor of Minnesota has a term of:
A. 2 yrs
B. 4 yrs
C. 6 y rs
D. no term limit
A

4 yrs

17
Q

The Judiciary Act of 1789:
A. created a dual court system
B. caused most state courts to become obsolete
C. changed the number of Supreme Court justices from six to nine
D. placed the burden of proof on the prosecution in criminal cases

A

created a dual court system

18
Q
The three branches of government are:
A. judicial, legislative, and executive
B. judicial, pro active, and executive
C. local, state, and national
D. judicial, federal, and executive
A

judicial, legislative and executive

19
Q

The Supreme Court’s power of judicial review is important because it:
A. helps the judicial branch check on the other two branches
B. prevents lower courts from overturning the Court’s decisions
C. is one of the main powers given to the judicial branch in the Constitution
D. establishes the Court’s authority to oversee cases

A

helps the judicial branch check on the other two branches

20
Q

Advocates of judicial activism is most likely to support the Court if it:
A. has more conservative judges
B. hears fewer cases about abortions rights
C. uses the power of judicial review sparingly
D. makes decisions that defend the rights of monorities

A

makes decisions that defend the rights of minorities

21
Q
Each of the following is a power of the president of the United States EXCEPT:
A. pocket veto
B. military draft
C. nominate federal judges
D. entertain foreign dignitaries
A

military draft

22
Q

If someone becomes a judge through merit selection, it means that:
A. the state legislature or the governor appointed the judge
B. citizens elected the judge, and the governor confirmed their decision
C. the judge went through a series of hearing held by a committee of citizens
D. the governor appointed the judge after reviewing a list of judges that a committee created

A

the governor appointed the judge after reviewing a list of judges that a committee created

23
Q

In a civil trial, the party bringing the lawsuit must prove that:
A. the amount of damages is fair
B. media have not influenced the jury
C. there is a preponderance of evidence
D. a person is guilty beyond a reasonable doubt

A

there is a preponderance of evidence

24
Q

What is the next step to becoming a Supreme Court justice after the Senate Judiciary Committee reviews a nomination?
A. the full Senate votes on the nomination
B. The House Judiciary Committee holds hearings
C. The candidate’s name is placed on a ballot for the next election
D. The Supreme COurt justices hold an informal meeting with the nominee

A

the full Senate votes on the nomination

25
Q

In a Supreme Court case, a dissenting opinion is written by:
A. Justices who disagree with the majority opinion
B. the party that lost the case to appeal for another trail
C. justices who side with the majority for a different reason
D. the attorney general to explain the historical significance of a decision

A

Justices who disagree with the majority opinion

26
Q

Criminal law is the branch of law that is concerned with which of the following?
A. conduct of individuals
B. conflicts between private parties
C. confirming candidates for judgeship
D. deciding on the amount of damages should be paid

A

conduct of individuals