Exam 9: The Judiciary: Independence Vs Accountability

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Approximately 90 percent of all criminal and civil cases are settled out of court or with a guilty plea.

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Appellate courts have the responsibility for hearing

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The Missouri Plan for selection of judges involves

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Describe each of the two tiers of state courts and discuss how they are related. Explain each tier's role in judicial decision making.

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The legislatures appoint all state judges in four states.

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The question of access to the judicial system as a factor in decision making is

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It is estimated that

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When judges use previous judicial rulings to guide their decisions, they are employing the doctrine of

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Trial courts are more prone to interpret the law, whereas appellate courts are more apt to apply the law and make public policy.

(True/False)
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As part of the merit-selection plans for judges, retention elections

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Common law is defined as unwritten law based on tradition, custom, or court decisions.

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The term judicial activism implies that judges are

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State supreme courts vary dramatically in ideology. Those in Hawaii, Rhode Island, and Maryland are much more liberal than those in Arizona, Mississippi, and New Hampshire.

(True/False)
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The recent trend in judicial federalism is that state courts might override the decisions of the U.S. Supreme Court. How can they do so? Define judicial federalism and describe the recent trend in federal versus state court power. Provide examples to illustrate your discussion.

(Essay)
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The term judicial federalism refers to a trend in which state courts look first at state constitutional and statutory law in rendering legal judgments on important state and local issues. The effect has been that many state courts are now more liberal than the federal courts.

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Under the doctrine of stare decisis , the principles and procedures of law applied in one situation are applied in any similar situation.

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In the late 1930s, the American Bar Association recommended that states adopt methods of selecting judges that were based on merit plans. The first state to adopt this idea was Arizona in 1940.

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Judicial decision making is

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Appellate courts hold a second trial, which includes hearing testimonies from plaintiffs, defendants, and witnesses.

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Most states use a two-tiered court structure.

(True/False)
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