Test 4 Flashcards

1
Q

warrant

A

A written statement issued by a judge which gives a law officer the legal right to search for a particular thing in a specific place.

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2
Q

appeal

A

A request that a higher court review the case records and verdict of the lower court

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3
Q

discretionary review

A

the power to decide whether or not to hear a case

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4
Q

Supreme Court

A

The highest court in the United States

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5
Q

Appellate jurisdiction

A

The right of the court to review the ruling of a lower court

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6
Q

Militia

A

Refers to the armed citizenry

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7
Q

Brief

A

A lawyer’s written argument

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8
Q

evidence

A

material presented as proof at a trial

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9
Q

grand jury

A

assembled to examine evidence to determine whether there is sufficient evidence against the accused to try a case

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10
Q

trial jury

A

assembled to hear a case in court and to issue a verdict

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11
Q

Opinion Day

A

The final stage of the Supreme Court’s decision-making process

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12
Q

precident

A

past decision involving similar cases

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13
Q

judicial restraint

A

the idea that the Supreme Court should interpret and apply the Constitution according to the original understanding of those who wrote and ratified it

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14
Q

judicial activism

A

the idea that the Supreme Court should go beyond the Constitutional to change societal behavior.

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15
Q

Conference Handshake

A

serves to remind the justices on the Supreme Court that differences of opinion do not preclude harmony of purpose

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16
Q

Exclusionary Rule

A

States that evidence obtained illegally is not admissible in court

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17
Q

What term refers to a petition for the Supreme Court to hear a case?

A

writ of certiorari

18
Q

Who was the chief justice that ruled in Marbury v. Madison?

A

John Marshal

19
Q

What law restricted the sale of handguns by requiring a waiting period for the purchase of a handgun?

20
Q

Under which chief justice did the Supreme Court adopt the philosophy of judicial activism?

A

Earl Warren

21
Q

What kind of briefs are filed by individuals who are not parties in a particular case but still have an interest in the case’s outcome?

A

amicus curiae

22
Q

What term describes a statement of an individual citizen’s legal privileges?

A

bill of rights

23
Q

What kind of courts are created by Congress under the authority given it in Article III?

A

constitutional courts

24
Q

How many justices currently serve on the Supreme Court?

25
What term describes the right of the Supreme Court to declare a law, or an action based upon that law, unconstitutional?
Judicial review
26
Who are the chief decision makers of the federal judiciary?
Judges
27
What word refers to the right of a court to hear and decide a case?
jurisdiction
28
What term means a crime so serious that it is punishable by death?
Capital Crime
29
Which of the following was not a part of the historical background for the Bill of Rights? Massachusetts Body of Liberties Virginia Declaration of Rights Judiciary Act of 1789 English Bill of Rights
Judiciary Act of 1789
30
What case regarding abortion illustrated radical judicial activism?
Roe v. Wade
31
What case asserted for the Supreme Court the right of judicial review?
Marbury v. Madison
32
Which special military court are members of the armed forces tried in?
Court-martial
33
Which of the following is not guaranteed by the First Amendment? ``` Freedom of... trial by jury assembly press speach ```
Freedom of Trial by Jury
34
Which of the following is not a type of judicial opinion issued by the Supreme Court? appellate opinion dissenting opinion unanimous opinion majority opinion
appellate opinion
35
What word means to destroy a person's reputation by false writing?
libel
36
What word means to destroy a person's reputation by false words/speech?
Slander
37
What professional interest group has the most influence on the President regarding his choice of a federal judge?
American Bar Association
38
Which term refers to an official examination of available evidence in a court of law?
trial
39
Which are the most active of the federal judiciary courts? District Courts Court of Appeals Circuit Courts Supreme Court
United States District Courts
40
Essay: Explain the original meaning of the separation of church and state. Why is it important that Christianity not be barred from American law ans government?
- Separation of church and state originally meant that there should be no established religion nor any legal or institutional ties between church and state - Religion and morality, especially Christianity, are essential to the survival of a free society and a federal republic. - Freedoms, liberties, and rights must be set within the framework of a Christian moral order and of common cultural values derived from Christianity.