Govt 2302 Test 3 Federal and State Judiciary, Law and Procedure Max Castaneda 1. Most American law is based on ? 2. The body of judge-made law is known as ? 3. A court rule bearing on subsequent legal decisions in similar cases is called ? 4. The doctrine of stare decisis means ? 5. (A) source(s) of American law include(s) What are they? 6. Jurisdiction and standing to sue constitute (What do both of these make-up?) 7. An opinion of a court is (What does an “opinion” mean?) 8. If a case is remanded it ? 9. If a case is affirmed it ? 10. A concurring opinion is often written by a justice because ? 160 11. A court opinion reflecting the views of most of the judges is called ? 12. The dissenting opinion is important because ? 13. Judicial candidates for federal judgeships are usually suggested by ? 14. The power of the courts to determine whether a law or action by the other branches of government is constitutional is called ? . 15. Presidents have the power to change the direction of the Supreme Court and the federal judiciary by ? 16. Judicial implementation refers to ? 17. If Congress disagrees with a decision of the Supreme Court concerning the interpretation of the U.S. Constitution it can ? 161 Govt 2302 Test 3 Federal and State Judiciary, Law and Procedure Max Castaneda 18. If Congress disagrees with a decision of the Supreme Court concerning how a law is interpreted it can ? 19. Public opinion can serve as a check on the judiciary because ? 20. An issue that the court believes should be decided by the executive or legislative branch is called ? 21. The term “original jurisdiction” is the power that pertains to ? 22. Municipal courts have exclusive jurisdiction to try ? 23. Municipal court cases deal mainly with cases involving ? 24. The constitution of Texas requires each county to have ? 162 25. Justice of the Peace courts have jurisdiction over ? 26. Most criminal cases tried by a justice of the peace court pertain to ? 27. Which of the following Texas judges must be a licensed attorney? (At what level in the chart is this a requirement?) 28. The chief trial court handling large lawsuits and felony criminal cases for the state of Texas is the ? 29. Which court has exclusive jurisdiction over automatic appeals in death penalty cases? 30. The Texas court usually designated as a juvenile court is a ? 31. For most criminal appeals in Texas, the reality is that they are decided by the ? 163 Govt 2302 Test 3 Federal and State Judiciary, Law and Procedure Max Castaneda 32. The intermediate appeals court for Texas is the ? 33. The highest criminal court (appellate or otherwise) in Texas is the ? 34. How many justices sit on the Texas Supreme Court? 35. The highest civil appeals court in Texas is the ? 36. An appeal in a Texas court ? (What is it based on) 37. An alternative to a grand jury indictment in minor criminal cases is known as ? 38. The jury that determines whether there is enough evidence to bring the accused to trial is called ? 164 39. Texas electoral races for judgeships have caused major concerns because ? 40. Civil law in most states is based in large part upon ? 41. The principle of following legal precedents by a court is known as ? 42. A court designed to determine the last valid will of the deceased is known as a ? 43. Efforts to reform lawsuit abuse in civil courts is known as ? 44.The most serious types of crimes are known as ? 165 Govt 2302 Test 3 Federal and State Judiciary, Law and Procedure Max Castaneda 45.Minor crimes are known as ? 46.Crimes such as murder, forcible rape, robbery, burglary and motor vehicle theft are included in the ? 47.Plea bargaining ? 48. Gambling, prostitution and drug possession are known as ? 49.Grand juries in Texas are (What is their purpose) 54.The United States Supreme Court case requiring police to inform a suspect of his constitutional rights is ? 55.The initial appearance of the accused before a magistrate is known as ? 166 56. The writ requiring a person be brought before the court is known as a writ of ? 57.A motion for delay in a criminal case is known as a ? 58. Texas jails and penitentiaries are designed to accomplish ? 59.An “adversary system” of justice means ? 60.Which of the following may explain the fact that Texas has a higher crime rate than most other states? (What are the reasons according to the book, for the Crime rate in Texas.) 167