Exam 1: The Court System and Sources of Rights

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Only Congress has the power of judicial review.

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False

If a court has the legal authority to hear a case,this means that the court has:

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D

If the state court makes a final decision to uphold his conviction and sentence,what process must he follow to request the U.S.Supreme Court to consider his case?

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A

The theory of incorporation finally adopted by the Supreme Court was_________ incorporation.

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The term stare decisis refers to a higher court's reversal of a lower court's decision.

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The principle of stare decisis encourages the______ of court decisions.

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There are______ circuits in the U.S.Court of Appeals.

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Common law and case law are both found in (or result from)court ______.

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Under the broadest notion of the rule of law:

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The court of last resort for federal cases and cases involving federal law and the U.S.Constitution is the U.S.Supreme Court.

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An easily accessible source of court decisions is:

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The concept of incorporation of the Bill of Rights to apply to the states is based on the______ Amendment to the U.S.Constitution.

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When a particular court senses that its prior decisions on an issue are no longer in the mainstream,it may consider______its holding.

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All state courts follow the federal pattern..

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Frank wants his attorney present before he will answer any questions the detectives want to ask him.Which amendment to the U.S.Constitution applies?

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Both the federal and state constitutions are sources of rules that protect the rights of individuals.

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The approach to incorporation,which focuses on the specific facts of individual cases (rather than the importance of__________a particular right in the abstract),is called the approach.

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Explain the process of briefing a legal case.Why is case briefing helpful in understanding a case?

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The rights of free speech,press,and religion are found in the First Amendment.

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In Marbury v.Madison the U.S.Supreme Court first enunciated the doctrine of______ .

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