CP&E Ch 1

Shared Writing: In your opinion, does our criminal justice system truly operate under the presumption of innocence principle? Please explain and justify your position.

Answers will vary

Which of the following is a key difference between criminal and civil courts?

Civil courts generally resolve disputes between private parties, whereas criminal courts deal with suspected law violators.

The U.S. Department of Education and Department of Labor are visible examples of which of the following?

Administrative regulations

How does a court arrive at a decision regarding a case?

Adjudication

Why are criminal cases often initiated by the government?

Because criminal law is concerned with actions that are considered harmful to society

Why is the dual court system advantageous and desirable?

Because it parallels federalism

Why were very early written legal codes, such as the Code of Hammurabi and the Twelve Tables, important to the formation of our legal system?

Because they signaled the emergence of formalized "law"

Which of the following is TRUE of the common law?

It emphasizes the importance of judicial decisions.

Which of the following has been TRUE of the concept of "law" throughout history?

It has been fluid and changing.

Which of the following is TRUE of injunctive relief?

It is an order to perform or refrain from certain actions.

Which of the following is TRUE of the common law?

It is viewed as a legal concept that also had social implications.

Instead of treating him with leniency, the court harshly punished football star Michael Vick for his role in an interstate dog fighting ring. Which of the following main functions was it serving?

Reinforcing social norms

Sheila is seeking $3.5 million from an advertising agency for their campaign run on national television and radio that, she claims, destroyed her business and personal reputation. What is Sheila seeking?

Monetary damages

Dan's neighbor Eugene has failed to keep the limbs of his tree from overreaching above Dan's house. In a recent storm, one of the large tree limbs broke, causing significant damage to Dan's roof. Dan is now suing Eugene for the cost of the roof repairs. Which of the four main functions of the courts will Dan be utilizing?

Resolving disputes

Which of the following is TRUE of criminal and civil implications in court cases?

Someone acquitted of a crime can be civilly sued.

Harold's defense attorney stated in court that because Harold had mailed the letter to the plaintiff, the plaintiff had received the letter. The prosecuting attorney objected to this. On what ground did he object?

On the grounds that it was a rebuttable presumption

The United States Supreme Court recently ruled in a 6-3 decision to reverse a lower court's ruling on the legalization of marijuana on college campuses. Which function is the Court serving in this instance?

Oversight function

It was an easy decision for Justice Harlan of the First Circuit's Federal Appellate Court to uphold the decision of the lower court, especially as he had three previous rulings in very similar cases to refer to and support his decision. On which of the following was Justice Harlan relying?

Precedent cases

Although the evidence and case against Juan looked strong, his lawyer assured him that, in the United States, no judge or jury could legally think of him as being guilty before he was fairly tried. What is this known as?

Presumption of innocence

Stephen's case against the state for what he claimed were unwarranted taxes on his business and personal endeavors has now gone as far as the state supreme court. Based on a similarly case from two years ago, the supreme court justices unanimously decided to not overturn the lower court's decision. Which of the following BEST pertains to the justices' decision in this case?

Stare decisis

What do conclusive presumptions require?

That all parties agree with something that is assumed to be true

Juanita was arrested for larceny and placed in the county jail. She feels as though the bail the judge set of $100,000 was excessive, especially because she posed no flight risk. What Constitutional Amendment is Juanita claiming was violated by the judge?

The Eighth Amendment

Gail has been summoned to serve on a grand jury. In this role, she is prepared to spend the next several weeks listening to the evidence against individuals accused of a crime. Gail, along with her fellow jury members, will determine whether there is sufficient evidence for an indictment. Which Amendment to the Constitution gives accused individuals the right to come before Gail and her follow jury members?

The Fifth Amendment

Duarte and Maria have filed a civil case against the city of Pleasantville for what they claim to have been a violation of their constitutional rights and protection against unlawful searches and seizures following the break-in of the city police to search their house for illegal drugs and other criminal paraphernalia. Which Amendment to the Constitution are Duarte and Maria claiming the city police violated?

The Fourth Amendment

Justin was pulled over by the police officer for excessive speed. Although he was nervous about his glove box being opened, as it contained an unregistered firearm, he knew he had protection against unlawful searches and seizures. Which of the following amendments to the Constitution protected Justin?

The Fourth Amendment

What does the court represent?

The collective conscience of society

Constitutional rights are safeguards to protect the accused from instant incrimination in the same way as which of the following?

The presumption of innocence

Jennifer is going to sue her doctor for medical malpractice. In order to know more about what to expect at the proceedings, she decided to read and learn more about which of the following?

Tort law

Zoey had several vehicular violations to deal with that had mounted into a much larger issue than any one of them would have been on their own. Because of this, she found herself in traffic court on this crisp autumn morning. Knowing only this, which of the following must also be TRUE?

Zoey is spending her morning inside of a state court.