IS3350 CHAPTER 3 Flashcards

1
Q

This sets forth the process under which administrative agencies make and enforce rules and is called?

A

ADMINISTRATIVE PROCEDURE

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2
Q

The power of a court to review a decision made by a lower court is called?
It is also called statutory law.

A

APPELLATE JURISDICTION

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3
Q

An evaluation and verification that certain objectives are met is called ___?

A

AUDIT

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4
Q

The standard of proof in a criminal case is called ___?

A

BEYOND A REASONABLE DOUBT

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5
Q

This sets forth the procedures and processes that courts use to conduct civil trials and is called ___?

A

CIVIL PROCEDURE

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6
Q

Law that is enacted by legislatures is called ___?

A

CODE LAW

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7
Q

The action of following applicable laws and rules and regulations is called ___?

A

COMPLIANCE

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8
Q

Jurisdiction that is shared by several different courts is called ___?

A

CONCURRENT JURISDICTION

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9
Q

This sets forth the procedures and processes that courts follow in criminal law cases and is called ___?

A

CRIMINAL PROCEDURE

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10
Q

This refers to the power of federal courts to hear disputes between citizens of different states only when they are above a certain dollar amount and is called ___?

A

DIVERSITY OF CITIZENSHIP JURISDICTION

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11
Q

The principle that ensures all parties in a case are entitled to a fair and consistent process within the courts is called ___?

A

DUE PROCESS

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12
Q

This refers to the power of federal courts to hear only disputes about federal laws or constitutional issues and is called ___?

A

FEDERAL QUESTION JURISDICTION

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13
Q

A courts’ review of any issue is called ___?

For federal courts, this refers to the authority of a court to declare actions unconstitutional.

A

JUDICIAL REVIEW

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14
Q

The power of a court to hear a particular type of case is called ___?
It also refers to the power of a court to hear cases involving people in a geographical area. For instance, a state court has the power to decide cases raised by citizens of that state.

A

JURISDICTION

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15
Q

The authority of a court to hear a dispute between parties in the first instance, rather than on appeal is called ___?

A

ORIGINAL JURISDICTION

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16
Q

This doctrine means that courts will look at prior cases to determine the appropriate resolution for new cases and is called ___?

A

PRECEDENT

17
Q

Legal concept that means that a higher ranking law will exclude or preempt a lower ranking law on the same subject is called ___?

A

PREEMPTION

18
Q

The standard of proof in a civil case. It means that it is more probable than not that an action (or wrong) took place is called ___?

A

PREPONDERANCE OF THE EVIDENCE

19
Q

Branches of law that deal with processes that courts use to decide cases is called ___?

A

PROCEDURAL LAW

20
Q

Branches of law that deal with particular legal subject matter, arranged by type is called ___?. Property law, contract law, and tort law are all areas of this type of law.

A

SUBSTANTIVE LAW

21
Q
  1. What is the US federal court of last resort?
  2. The US Supremacy Court
  3. The US District Court
  4. The Ninth Circuit Court of Appeals
  5. The Federal Court of Appeals
  6. The US Supreme Court
A

The US Supreme Court

22
Q
  1. What is judicial review?
  2. The power of courts to review the decisions of other courts
  3. The power of courts to review laws
  4. The power of the president to review the decisions of the courts
  5. The power of congress to review the decisions of the courts
  6. A variety show featuring people in wigs and black robes
A

The power of courts to review laws

23
Q
  1. What is appellate jurisdiction?
  2. The power of some courts to review the decisions of others
  3. The power of courts to resolve disputes between individuals
  4. The process by which courts conduct civil trials
  5. The process by which courts conduct criminal trials
  6. The power of courts to declare a law unconstitutional
A

The power of some courts to review the decisions of others

24
Q
  1. What article of the US Constitution sets forth the powers of the president?
  2. Article V
  3. Article IV
  4. Article III
  5. Article II
  6. Article I
A

Article I

25
Q
  1. What is a case of first impression?
  2. The first case that court hears when it is in session
  3. A case that changes established precedent
  4. A case for which there is no established precedent
  5. A case that is appealed
  6. None of the above
A

A case for which there is no established precedent

26
Q

6.The Federal Trade Commission is which type of federal agency?

  1. Independent
  2. Subordinate
  3. Coordinate
  4. Executive
  5. Congressional
A

Independent

27
Q
  1. The doctrine of precedent is also known as ___.
A

Stare decisis

28
Q
  1. What is procedural law?
  2. Branches of law that deal with property cases
  3. Branches of law that set forth the structure of the judiciary system
  4. Branches of law that deal with following courts use to decide cases
  5. Branches of law that deal with processes that courts use to decide cases
  6. None of the above
A

Branches of law that deal with processes that courts use to decide cases

29
Q
  1. What is common law?
  2. A system of law inherited from England
  3. A system of law inherited from France
  4. A system of law that relies upon established legal principles and traditions
  5. 2 and 3
  6. 1 and 3
A

A system of law inherited from England
A system of law that relies upon established legal principles and traditions

1 and 3

30
Q
  1. Compliance is ___, audit is ___?
  2. Following the rules, verifying that the rules were followed
  3. Verifying that the rules were followed
  4. Making the rules, enforcing the rules
  5. Forcing the rules, making the rules
  6. None of the above
A

Following the rules (Compliance)

Verifying that the rules were followed (Audit)

31
Q
  1. A federal agency is granted its authority by ___.
A

Congress

32
Q
  1. Which US Constitution clause describes Congress’ authority to regulate trade between states?
  2. The Supremacy Clause
  3. The Necessary and Proper Clause
  4. The Limitation of Powers Clause
  5. The Commerce Clause
  6. The Impeachment Clause
A

The Commerce Clause

33
Q
  1. The US Supreme Court has ___ justices?
A

9

34
Q
  1. How many representatives are in the US House of Representatives?
  2. 100
  3. 1000
  4. 435
  5. 400
  6. 50
A

400

35
Q
  1. There are ___ federal district courts?
A

94