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Flashcards in Exam 1 Deck (37):
0

Legislative Branch

Makes Laws

Senate
House of Representatives

1

Executive Branch

Carries out Laws
President

2

Judicial Branch

Interprets the Law
Supreme Court

3

Which congress votes to pass a law, the law does not take effect until it is signed by the president, is an example of :

Checks and Balances

4

Which of the following are true:
The dec. of ind. was the first law to take effect in US or each state has it's own constitution:

Each state has it's own constitution

5

Every State and Federal statue begins as:

Statutes begin as a Bill

6

The supreme law of the United States is:

The U.S constitution

7

To pass a law in the U.S Congress or in a State Legislature, a "yes" vote requires:

A majority of the members (51% or more) to approve

8

Laws created by the US Congress or by a State Legislature are called-

Statutes

9

A law created by a judge when he or she decides a case is called:

Common Law or Case Law

10

A courts legal authority to hear and decide a case is referred to as it's:

Jurisdiction
(Authority to decisions and judgement)

11

A lawsuit begins when a person or entity serves another party with a:

Complaint

12

For a defendant to be found "guilty" in a criminal trial, how many of the jurors must vote "guilty"?

12 out of 12 for criminal 100%

13

In a civil lawsuit, a complaint and an answer are called:

Pleadings

14

The US Constitution provides protection from the wrongful actions of the government to:

US citizens and non-citizens who are in the US who are in the US legally or illegal.
EVERYONE IN THE COUNTRY IS PROTECTED

15

Face-to-face verbal questioning of a witness under oath conducted prior to a trial is known as a:

Deposition

16

Before a trial starts, both parties to a lawsuit receive relevant information from each other in a process called

Discovery

17

The burden of proof in a CIVIL case is on:

The plaintiff to present a preponderance of evidence proving that the defendant is liable to plaintiff

18

Every trial begins with an opening statement by the attorney for each side. Which attorney gives the statement first?

Plaintiffs attorney gives statement first.

19

To decide an appeal, the appellate court:

Reviews the record if the trial court proceeding

20

A judge May award a default judgement to a plaintiff if the defendant fails to serve the plaintiff with:

An answer to the plaintiffs complaint

21

The burden of Proof in a criminal trial is on/:

The People to present evidence that proves beyond a reasonable doubt that the defendant is guilty.

22

The amount of money that the plaintiff is suing the defendant for in civil lawsuit is referred as:

The Damages

23

A defendant who loses a civil case may be ordered by the judge to pay ___ if the defendant is found ___ by the jury

Damages ; Liable

24

The purpose of the voir dire process is to provide the attorneys for each party an opportunity to:

Question potential jurors to determine if the juror would be able to decide the case without bias.

25

In which court could a witness be asked to testify during the trial?

Trial Courts only

26

A defendant can sue a plaintiff if the defendant includes in his/ her answer a :

Counterclaim

27

What is least likely to violate the constitution:

A private colleges code of conduct that prohibits it's students from booing opposing teams during home sporting events

28

Which of the following is true?

A juror in a civil case needs to be at least 51% sure that the defendant is at fault before voting in favor of the plaintiff.

29

Who has burden of proof in a civil case?

plaintiff always has burden of proof

30

Who has priority over all federal and state laws including state constitutions?

The Constitution!

31

Which of the following is true?
Felony jail sentence longer than 1 yr
Juror in crim case must be 100%
Us system is derived from Rome

A jail sentence for a felony crime can be longer than 1 year

32

In 2005, US Sup. Ct decided Roger vs Simmons. A majority if Cy. Judges in that case found it unconstitutional for a state to impose death pen. On a person who was guilty of a serious crime but not 18 yrs old yet. The decision of the Supreme Court was most likely:

5:4

33

Determining whether a witness who is testifying in court is telling the truth is an ex of:

Question of fact to be decided by the jury

34

Case of Victor:(hit Fran's car) car damages but she was ok.Damages 50k
The title of the case against victor for the charge of reckless driving will be:

The People vs. Victor Jones

35

Case of Victor:(hit Fran's car) car damages but she was ok.Damages 50k
B4 criminal case ended, Fran sued for damages suffered. If victor found "not guilty" of reckless driving, the civil case brought by Fran will:

Continue because the civil case has a lesser burden of proof than the criminal case

36

Case of Victor:(hit Fran's car) car damages but she was ok.Damages 50k
If victor lived in NYS and Fran in Vermont, Fran's civil case against Vic would:

Qualify for federal court jurisdiction based on diversity of citizenship