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Question
When an appeals court's holding returns the case to the lower court for further action, it is said to have:a. reversed the decision.
b. remanded the case.
c. concurred with the outcome.
d. affirmed the lower court's ruling.
Answer
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Related questions
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Reserving for the states those powers not granted to the federal government or withheld from the states is ________.
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The Ninth Amendment specifically guarantees the right to privacy.
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The right to a federal jury trial is determined mainly by historical analysis of common law.
Q:
Suits at common law are legal controversies arising out of criminal law rather than civil law.
Q:
One of the primary reserve powers kept by the states is police power.
Q:
The Tenth Amendment embodies the principle of federalism.
Q:
Under federalism:
a. the federal government has the most power.
b. state governments have more power than the federal government.
c. power is shared by the national government and the states.
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Q:
Congress has not considered an Amendment regarding:
a. establishing victims' rights.
b. prohibiting burning the American flag.
c. banning gay marriage.
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a. 6
b. 8
c. 10
d. 12
Q:
The Supreme Court held that Congress had the authority to establish a national bank in:
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c. Olmstead v. United States
d. McCulloch v. Maryland
Q:
The ____________ Amendment has been used by the Supreme Court to infer the right to privacy.
a. Third
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d. Tenth
Q:
Explain the significance of the Ninth Amendment relative to federal power.
Q:
Explain asset forfeiture. Why is it considered in a discussion of the Eighth Amendment?
Q:
Describe the rights protected by the Eighth Amendment and which, if any, have been incorporated to apply to the states.
Q:
Discuss capital punishment in the United Statesits history, how the Supreme Court has viewed it, and how and on whom it may be carried out.
Q:
The Supreme Court has upheld the execution of mentally retarded offenders.
Q:
Which state does not allow hanging as a method of execution?
a. Washington
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c. Texas
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Q:
Defendants cannot be sentenced to life without parole for a non-homicide crime if, when they committed the crime, they were below the age of:
a. 15
b. 16
c. 17
d. 18
Q:
The Supreme Court upheld corporal punishment as necessary for the proper education of a child and maintenance of group discipline and not an Eighth Amendment issue in:
a. United States v. Ursery
b. Trop v. Dulles
c. Solem v. Helm
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Q:
Which of the following has been held to be a violation of a prisoner's right against cruel and unusual punishment?
a. Suspending visiting privileges for an inmate who failed more than one drug test.
b. Exposure to second-hand smoke posing an unreasonable risk of damage to health.
c. A prisoner shot in the leg during a riot to maintain discipline.
d. The use of chain gangs.
Q:
The Supreme Court has not prohibited execution of:
a. juveniles
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c. the handicapped
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Q:
The practice established for individuals deemed a threat to society or likely to flee is:
a. Involuntary commitment
b. The Bail Reform Act of 1966
c. Preventive detention
d. Protective custody
Q:
The Eighth Amendment's prohibition against excessive fines:
a. applies to states because of the Fourteenth Amendment.
b. applies to states because it is an important part of our system of justice.
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Q:
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a. firearms
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c. vehicles
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Q:
In Wilson v. Seiter, the Supreme Court ruled that prisoners must not only prove prison conditions are objectively cruel and unusual but also show that they exist because of officials':
a. culpable negligence
b. deliberate indifference
c. criminal negligence
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Q:
Discuss the evolution of the right to be represented by an attorney during a criminal trial.
Q:
Individuals may appear in court without an attorney, representing themselves, the Latin term for which is _______.
Q:
In Douglas v. California the Court held that the right to counsel extends to:
a. the first appeal at all levels.
b. the first appeal at the state level only.
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d. all appeals.
Q:
Mempa v. Rhay held that a convicted offender has the right to assistance of counsel at ________________ in which the sentence has been referred.
a. inmate disciplinary hearings
b. probation revocation hearings
c. hearings before a parole board
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Q:
The Supreme Court has interpreted the Sixth Amendment to mean that an accused has the constitutional right to counsel at:
a. every critical stage during a criminal proceeding.
b. any critical stage, excluding post-trial appeals.
c. every critical stage after arraignment.
d. any stage in the criminal investigation.