Question 1

State constitutions are allowed to remove some of the rights granted by the U.S.Constitution.

Accepted Answer

State constitutions cannot remove rights granted by the U.S. Constitution; the U.S. Constitution sets the minimum standard of rights, and states can expand but not reduce these rights.

Question 2

If there is no precedent, circuit courts of appeals may look to rulings from other courts for advice in the form of persuasive authority.

Accepted Answer

When there is no binding precedent, circuit courts of appeals may consider rulings from other courts as persuasive authority to guide their decisions, though they are not obligated to follow them.

Question 3

Explain how jurisdiction in the United States resembles a pyramid structure.

Accepted Answer

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Question 4

What are the various types of judicial opinions that can be issued and that establish legal precedent?

Accepted Answer

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Question 5

It is important that precedent be set properly, for once it has been set, it cannot be overturned.

Accepted Answer

Precedent can be overturned or revised by a higher court or the same court in future cases, reflecting changes in law, societal values, or understanding of the facts.

Question 6

Identify the two ways in which a case can reach the Supreme Court.

Accepted Answer

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Question 7

Identify the various areas of disagreement between Supreme Court justices.

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Question 8

As a general rule, only defendants, not the prosecution, have the right to appeal a case to a higher court.

Accepted Answer

The prosecution does not have the right to appeal a case to a higher court because they are the ones who brought the case to court in the first place. The defendant has the right to appeal a case to a higher court if they believe that the verdict was unfair or that the trial was not conducted properly.

Question 9

What is the difference between judicial activism and judicial restraint?

Accepted Answer

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Question 10

Identify the various sources of law.

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Question 11

The U.S.Constitution holds that if a case is brought before the U.S.Supreme Court and no precedent is found to guide the Court's decision, it is to look to rulings on the issue from courts in England, Spain, and France.

Accepted Answer

The U.S. Constitution does not specify that the Supreme Court should look to rulings from England, Spain, and France when no precedent is found. The Court may consider various sources, including past decisions, legal principles, and sometimes international law, but there is no constitutional mandate to specifically consult the laws of these countries.

Question 12

The U.S.Supreme Court has the authority to tell any state how to interpret all matters regarding both the U.S.Constitution and the state's constitution.

Accepted Answer

The U.S. Supreme Court has the authority to interpret the U.S. Constitution and federal laws, but it does not have the authority to tell states how to interpret their own constitutions on matters of purely state law.

Question 13

Give three examples of differences between law in action and law on the books.

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Question 14

List and explain some of the objectives of criminal procedure and why they are important.

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Question 15

In interpreting the U.S.Constitution, originalist justices are guided by the intent of the framers of the documents.

Accepted Answer

Originalist justices interpret the U.S. Constitution based on the intent of its framers and the original meaning of the text at the time it was written.

Question 16

State constitutions are allowed to provide more rights than are granted by the U.S.Constitution.

Accepted Answer

State constitutions can provide more protections and rights to their citizens than those found in the U.S. Constitution, but they cannot provide fewer rights or protections than those guaranteed by the U.S. Constitution.

Question 17

State and describe the various phases of the criminal justice process in chronological order.

Accepted Answer

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Question 18

Define misdemeanor crimes.

Accepted Answer

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Question 19

Most "common crimes," such as murder and robbery, are heard in the federal courts.

Accepted Answer

Most "common crimes," such as murder and robbery, are typically heard in state courts, as they are violations of state laws rather than federal laws.

Question 20

All cases brought before a circuit court of appeals are heard by three-judge panels, also known as en banc hearings.

Accepted Answer

En banc hearings are not the same as the three-judge panel hearings. En banc refers to a session where a case is heard before all the judges of a court (or a significant number of them) rather than by a panel of judges selected from them.

Quiz 1: An Introduction to Criminal Procedure