Q&A Hero

Q: The ______court opinion is considered the law.

Q: The Fifth Amendment privilege applies to prosecution or the possibility of prosecution of any ______________ case.

Q: Evidence that helps prove defendants are guilty is sometimes called ______ ___________.

Q: State v. Gagnon established that information used in court must have the characteristic of ______________ knowledge.

Q: The U.S. ___________ has a privilege for confidential communications with top advisors.

Q: The power of a court to hear case in a particular subject or geographical area is its ________.

Q: A _______is a defendant in a noncriminal case.

Q: The husband"wife privilege is also known as the _____________ privilege.

Q: The ________"client privilege was the first privilege recognized at common law.

Q: Motions to throw out evidence obtained by the government during searches and seizures, interrogation, and identification procedures are heard at a(n) ______________.

Q: To provide a handwriting _____ an individual would have to provide sample of his or her handwriting.

Q: The doctrine that requires that once courts have decided cases, those prior decisions bind later courts to follow them is _________.

Q: The _____ against self-incrimination is seen as crucial to our adversarial and accusatorial system of justice.

Q: A number of federal courts of appeal and district courts have concluded there is a qualified journalist privilege under the _____ Amendment in civil cases, but most have concluded that there is no privilege in criminal cases.

Q: An opinion that agrees with the result of another opinion is a(n) ________opinion.

Q: The citation of a case appears after the _______of the case.

Q: Prosecutors have a privilege not to reveal the identity of confidential __________.

Q: The process of informal decision making by professionals based on their training and experience, rather than written rules, is called ______ ________ ________.

Q: Under the Constitution, public officials are required to have enough facts to back up every invasion of privacy, liberty, and property of individuals. This is known as a(n)___________.

Q: Many states recognize a clergy"____________ privilege.

Q: There is an exception to the psychotherapist"patient privilege for patients who may present a ____ to themselves or others

Q: When a court distinguishes a case, it decides that precedent does not apply to the current case because the facts of are different. a. True b. False

Q: The due process revolution increased the power of the police in America. a. True b. False

Q: The privilege against self-incrimination applies only to testimonial or _____________ evidence.

Q: Discretion and formal law making are antagonistic to each other in balancing the interests in criminal procedure. a. True b. False

Q: The privilege against self-______________ is found in the Fifth Amendment.

Q: One of the rules of procedure by which the U.S. Supreme Court operates is the "rule of four." According to this rule, the Court issues a written decision in a case only if four or more justices think a written opinion is desirable. a. Trueb. False

Q: Judicial _____________ is an exception to the traditional methods of presenting evidence.

Q: The president of the U.S. has no privilege with regard to confidential communications with top advisors. a. True b. False

Q: The party appealing a lower court ruling or decision to a higher court is called the appellee. a. True b. False

Q: The objective basis is also referred to as the quantum of proof. a. True b. False

Q: The federal government has a privilege not to disclose military or diplomatic secrets vital to national security. a. True b. False

Q: The criminal process is a blend of the formal law of criminal procedure and the informal influences that enter the process by way of discretion. a. True b. False

Q: The police"informant privilege involves a privilege not to reveal the identity of confidential police informants.a. Trueb. False

Q: The greater the limits the government places on an individual's autonomy, the more facts must back up the government's actions. a. True b. False

Q: Every jurisdiction recognizes a parent"child privilege. a. True b. False

Q: The balance between result and process never rests at a point that satisfies everyone. a. True b. False

Q: The U.S. Supreme Court has recognized an absolute reporter"source privilege. a. True b. False

Q: The sexual assault counselor's privilege is designed to protect those charged with sexual assault.a. Trueb. False

Q: How an appellate court disposes of a case is called its opinion. a. True b. False

Q: There are no exceptions to the psychotherapist"patient privilege. a. True b. False

Q: According to the interest in fact-finding and the search for truth, the greater the deprivation the decision imposes, the greater the factual foundation required to support it. a. True b. False

Q: The physician"patient privilege applies only when the physician is being paid. a. True b. False

Q: A majority of U.S. Supreme Court justices have to vote to review a case before it can be heard. a. True b. False

Q: The physician"patient privilege did not exist at common law. a. True b. False

Q: A habeas corpus proceeding is not a separate proceeding from a defendant's criminal case.a. Trueb. False

Q: A case citation is composed of a string of letters and numbers. a. True b. False

Q: The marital privilege does not apply when one spouse has committed a crime against the other spouse. a. True b. False

Q: Crime control in a constitutional democracy depends on the balance between searching for the correct result in criminal cases and the commitment to use fair procedures in pursuing criminals. a. True b. False

Q: All states and the federal government have some form of the marital privilege. a. True b. False

Q: The attorney"client privilege does not apply to communications made for the purpose of getting advice to commit a crime or fraud. a. True b. False

Q: An appellate court _______a trial court's judgment when it sets it aside. a. reverses b. affirms c. remands d. questions

Q: In a criminal case, when the appellate court sends a case back to the court from which it came for further action, the disposition is referred to as:a. affirmed.b. remanded. c. reversed. d. nullified.

Q: If a law clerk or secretary of the attorney is present during the attorney"client meeting, the privilege is waived. a. True b. False

Q: The attorney"client privilege was not recognized at common law. a. True b. False

Q: If a person asserts their Miranda privilege to remain silent during police questioning, that silence can be used as evidence of guilt. a. True b. False

Q: In habeas corpus actions the:a. petitioner names the state as a party.b. title of the case has names of individual parties and not the state or government. c. court is a party to the petition.d. government sues an incarcerated or detained prisoner.

Q: The U.S. Supreme Court decides to review a case on a writofcertioraribased on: a. the "rule of four." b. a majority vote. c. a unanimous vote. d. the decision of the Chief Justice.

Q: The privilege against self-incrimination can be asserted only in criminal proceedings. a. True b. False

Q: The privilege against self-incrimination is found in the Fifth Amendment. a. True b. False

Q: If a defendant seeks to throw out evidence obtained by law enforcement officers during a search and seizure, and interrogation, or an identification procedure, this motion is hearing in a motion called a(n) ______hearing. a. pretrialb. appellatec. suppressiond. habeas corpus

Q: A petition for a writ of habeas corpus is:a. a continuation of the original criminal case. b. an appeals criminal case.c. a civil case that reviews the constitutionality of a petitioner's detention. d. another form of appeal.

Q: The privilege against self-incrimination applies to handwriting and speech exemplars. a. True b. False

Q: The party who is being appealed against is known as the:a. appellant. b. petitioner. c. plaintiff.d. appellee.

Q: A judge can take judicial notice of facts that are known solely to the judge. a. True b. False

Q: When a court decides that a prior court decision does not apply to a current case because the facts of the previous case are different, the court is said to: a. dispute the holding of the previous decision. b. overturn legal precedent. c. distinguish the previous case. d. reverse the previous case.

Q: The purpose of judicial notice is to protect the privilege against self-incrimination. a. True b. False

Q: When courts decide cases based on legal precedent, their decisions increase society's sense of:a. discretion.b. stability, predictability and fairness. c. stability.d. predictability.

Q: The Fifth Amendment privilege against self-incrimination is the _____ privilege that has been incorporated into the U.S. Constitution and many state constitutions. a. state b. qualified c. primary d. only

Q: Courts have long held that judicial notice may be taken of _____theories that have been so established that they have "attained the status of "¦ law", a. scientific b. conceptual c. proven d. absolute

Q: Jurisdiction refers to a court's authority to hear and decide a case: a. in a specific geographical area and on a particular subject matter. b. in a specific geographical area.c. on a particular subject matter.d. remanded by an appellate court and in a specific geographical area.

Q: When a court refers to past cases to back up its reasons and decisions in the case currently before it, the prior decisions are called: a. procedural history. b. court opinions. c. precedent. d. majority judgments.

Q: About _____ of the states have statutes defining the clergy-penitent privilege, with a few other states recognizing the privilege by court decisions. a. one-quarter b. one-third c. half d. two-thirds

Q: The doctrine of staredecisisbinds judges to follow the prior decisions of: a. their own court and courts superior to them in their jurisdiction. b. any court in the same state of equal power. c. any court in the United States. d. only the U.S. Supreme Court.

Q: If a justice agrees with the decision reached in another opinion but writes a separate opinion explaining her own reasons for reaching that decision, she has written a ______opinion. a. dissenting b. plurality c. concurring d. reasoning

Q: Many states have a _____ privilege for journalists, meaning a journalist can refuse to disclose sources, but must make available other information acquired through reporting activities. a. administrative b. qualified c. subjective d. absolute

Q: An informant's privilege is not a(n) _____ privilege and must give way when there is a compelling need to protect the rights of the accused. a. administrative b. judicial c. prosecutorial d. absolute

Q: Federal statutes give federal employees a privilege not to reveal _____. a. their employment by a government agency b. communications from foreign governments c. communications between embassy employees d. military or diplomatic secrets vital to national security

Q: If an appellate court case has a majority of the justices agreeing with the result in the case, but they cannot agree on the reasons for the result, the _______opinion is the opinion with the reasoning agreed to by the largest number of justices. a. dissenting b. plurality c. majority d. concurring

Q: Prosecutors generally have a privilege not to reveal the _____. a. exculpatory evidence in their possession b. agency by which they are employed c. identity of confidential informants d. fact that they were working undercover