Understanding Conflicts: US vs. State Constitutions, Statutes, and Judge-Made Laws, Quizzes of Criminal Justice

Download Understanding Conflicts: US vs. State Constitutions, Statutes, and Judge-Made Laws and more Quizzes Criminal Justice in PDF only on Docsity! TERM 1 if there is a conflict btwn the US constitutional provision and a state constitutional provision, the US is invalid. DEFINITION 1 false TERM 2 whipe type of law is created by a local governmental unit? DEFINITION 2 an ordinance TERM 3 why type of law is created by a legislative body? DEFINITION 3 a statute TERM 4 in a civil law system, the authority to create rules of law is shared by judges &the legislature DEFINITION 4 false TERM 5 in a common law system, judges have authority to create rules of law and the legis. doesnt DEFINITION 5 false TERM 6 if theres a conflict btwn a state statute and judge-made law the state statute is invalid DEFINITION 6 false TERM 7 the primary source of criminal law in the US is judge-made law DEFINITION 7 false TERM 8 in a common law sys. the authority to create rules of law is shared by judges n legislature DEFINITION 8 true TERM 9 if there is a conflict btwn the US const. & a fed. regulation, the regulation is invalid. DEFINITION 9 true TERM 10 if there is a conflict btwn a fed. regulation & state constitution, the fed. regulation is invalid DEFINITION 10 false TERM 21 the US Courts of Appeal have both original and appellate SMJ DEFINITION 21 false TERM 22 the jurisdiction of the US Supres Ct is largely discretionary rather than mandatory DEFINITION 22 true TERM 23 if a defendant raises a fed. const. issue in a crim. case in state ct. the case must be transf to fed dist ct DEFINITION 23 false TERM 24 the us supreme ct has both original and appellate SMJ DEFINITION 24 true TERM 25 judicial rvw is the process that includes the fed ct rvwing an act of US congress to determ. if constitutional DEFINITION 25 true TERM 26 an en banc rvw is DEFINITION 26 discretionary TERM 27 when a full appellate court hears case prev. heard by panel of judges from same state ct they r hearing the case DEFINITION 27 en banc TERM 28 the ultimate authority on the interpretation of a state statute is DEFINITION 28 the highest court in that state TERM 29 it's common for appellate court to hear witnesses n admit documents into evidence that werent intro during trial DEFINITION 29 false TERM 30 how many independent ct systhems r in the US? DEFINITION 30 51 - each state has its own court system, plus the federal court system. TERM 31 a fed dist. ct judge in w MI must follow a decision by the fed 6th circuit ct of appeals DEFINITION 31 true - MI is in the 6th Circuit so a federal district court located in MI must follow a decision by the 6th Circuit Court of Appeals TERM 32 a felony trial under state law of crime committed in MI will take place in DEFINITION 32 a state circuit court in MI TERM 33 a fed district judge in w MI must follow decision by fed dist. judge in E MI DEFINITION 33 false TERM 34 a fed dist judge in w MI must follow decision by fed dist. judge in n OH DEFINITION 34 falst TERM 35 Doug of TX committed crime in Iowa. where will trial take place? DEFINITION 35 a state court in Iowa TERM 46 the current trend in state court judicial selection is DEFINITION 46 merit selection TERM 47 federal (article 3) judicial nominees must be confirmed by a vote of: DEFINITION 47 the US Senate TERM 48 in partisan judicial elections: DEFINITION 48 party affiliations are listed on the ballot (Democrat/Republican) TERM 49 currently judges in MI are selected by: DEFINITION 49 non-partisan election TERM 50 normally an appellate review is limited to questions of law. DEFINITION 50 true TERM 51 a habeas corpus rvw in federal ct of a state court conviction is an ex of: DEFINITION 51 collateral review because habeas corpus can only be reviewed after the direct rvw is completed (up/down levels) so once over to federal court system, it is going collaterally (left/right) TERM 52 in most cases an appellate cout will not consider an issues unless it was 1st raised in trial ct DEFINITION 52 true TERM 53 the 6th amendment right to counsel extends though all levels of appellate rvw DEFINITION 53 false TERM 54 theres no const. right to have a case reopened w new evid. considered by ct. once direct rvw has completed DEFINITION 54 true TERM 55 normally a case in which a guilty plea was made cant be appealled DEFINITION 55 true TERM 56 in a federal habeas corpus case the petitioner must allege the violation of a fed const. right DEFINITION 56 true TERM 57 in any case where an appellate ct finds legal error in trial ct., they will order remedy to correct it DEFINITION 57 false TERM 58 normally when a defendant has been convicted in trial ct. an appeal must be filed in 1 year DEFINITION 58 false TERM 59 there is a constitutional right to appeal a criminal conviction in state court DEFINITION 59 false TERM 60 any newly created rule can be the basis of a claim in a habeas cor. petition as long as they havent filed previously DEFINITION 60 false