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JOMC 486 Post-test with 100- correct answers
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JOMC 486 Post-test with 100- correct answers
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JOMC 486: Post-test with100% correct answers
Supreme court - answer is great than constitutional laws
For congress/state legislature to pass a law, it must comply with
procedures set forth in relevant constitution. - answer But complying
does not guarantee that a statue is constitutional. The statue must fall
within the powers of government and must not exceed those powers.
Judicial review - answer process by which they decide whether statues
are constitutional
Facial challenge - answer complaining party is arguing the language of
the statue, on its face, makes it unconstitutional
As-applied challenge - answer even if the statue can be constitutionally
applied in some cases, it was not constitutional to apply it to the
complaining parity in this instance
Common laws - answer not written down at first, but judges examine
previous cases to decide the legal principles. (judge made law)
Civil and criminal- state court - answer When it involves violation of
federal law or civil claim under federal law, it will go to federal court.
Trial courts - answer judges hear evidence and decide criminal and civil
cases
States can be - answer divided up into different judicial districts
, Pre-trial for criminal and civil cases: - answer if someone is not
incarcerated for a criminal crime, they still can lose privileges (this is in
the instance of a civil case)
Defendants in civil cases - answer do not face imprisonment
Civil cases - answer disputes between private individuals or institutions-
domestic relations like divorce/child support
Plaintiff seeks damages and judicial decrees - answer In the naming of
the cases, the plantiff comes first, and then the defendant second
Motion to dismiss - answer legally insufficient in some other way. If it is
not dismissed—defendant must file and answer to the complaint
(defendants version of the facts)
Discovery - answer accounts for much of the time spent in preparation
for the trail- both sides exchange information relevant to the lawsuit
Motion for summary - answer the moving party claims that all necessary
factual issues are resolved or need not be tried because they are one-
sided
**if the two sides cannot reach an agreement before the trial date, then a
full trial must be held
Criminal cases: - answer The government prosecutes someone it
suspects has violated a criminal statue
Most crimes are prosecuted in state courts under state law-federal courts
- answer hear cases involving violations of relatively few federal criminal
laws
State represented by attorney: - answer county prosecutor/county
attorney/district attorney (can be any of these names- Nebraska is district
attorney)
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