American Law and Courts Test
QUESTIONS WIOTH
ANSWERS.
administrative regulations - CORRECT ANSWER✅✅created by administrative
agencies established by the legislature to handle specific issues; examples: Federal
Trade Commission, Federal Communications Commission
answer - CORRECT ANSWER✅✅filed by the defendant; sets forth the defendant's
version of the facts and interpretation of the law
appeals courts - CORRECT ANSWER✅✅decides whether the evidence presented at a
trial was legally sufficient to justify a particular decision or verdict
appellant/petitioner - CORRECT ANSWER✅✅the party who appeals the case
appellate jurisdiction - CORRECT ANSWER✅✅kinds of cases when the US Supreme
Court may hear an appeal
appelle/respondent - CORRECT ANSWER✅✅the other party in the appellate court
arraignment - CORRECT ANSWER✅✅the defendant's initial appearance in court; the
court advises the defendant of the charges, makes sure the defendant either has a
lawyer or that one is provided and requires the defendant to enter a plea
as-applied challenge - CORRECT ANSWER✅✅even if the statute can be
constitutionally applied in some cases, it was not constitutional to apply it to the
complaining party in this particular instance
avoidance of constitutional issues - CORRECT ANSWER✅✅when courts try to avoid
addressing constitutional question
bench trial - CORRECT ANSWER✅✅when a criminal defendant waives his or her
constitutional right to a trial by jury and has the case heard by the judge alone
, beyond a reasonable doubt - CORRECT ANSWER✅✅prosecutor has to prove guilt;
meaning the jurors must be satisfied to the point of moral certainty that the prosecution
has proved every element of the crime
bill of indictment - CORRECT ANSWER✅✅if the grand jury finds that there is probable
cause to believe that a crime has been committed and that a particular suspect
committed it, the grand jury votes this.
burden of proof - CORRECT ANSWER✅✅rests with the prosecution in a criminal case
(rests with the plaintiff in a civil case) to show the defendant is guilty
circumstantial evidence - CORRECT ANSWER✅✅a link between the defendant and
the crime or act; includes testimony about the appearance of a crime scene and
physical evidence, such as fingerprints or blood samples
civil cases - CORRECT ANSWER✅✅disputes between private individuals or
institutions (divorces, child support, child custody)
clear and convincing evidence - CORRECT ANSWER✅✅meaning proof that the truth
of the facts asserted is highly probable
closing arguments - CORRECT ANSWER✅✅presented by attorneys for both sides
after all the evidence has been presented; use these to construct stories that will allow
the jurors to interpret the facts in ways favorable to their clients
common law - CORRECT ANSWER✅✅concept comes from England; arises from the
customs and practices of the people; it is not written down
concurring opinions - CORRECT ANSWER✅✅written by justices who agree on how a
case should be decided, but disagree on the legal reasons for that conclusion
constitutions - CORRECT ANSWER✅✅describe the organization of government, the
powers of the various branches of the government and the limitations on those powers
county prosecutor, county attorney, district attorney or U.S. attorney - CORRECT
ANSWER✅✅represent the government; primary job is to prosecute crimes
cross examination - CORRECT ANSWER✅✅the interrogation of the witness by the
opposing attorney
damages - CORRECT ANSWER✅✅the most common remedy sought, the money the
plaintiff wants to compensate for the injury inflicted by the defendant; decided by juries