Constitutional Law Week 1 Quiz

As a term in American law, common law is synonymous with _____ law

case

A _____ is a system of basic laws and principles that establishes the nature, functions, and limits of the government or other institution

Constitution

In 1791, the first 10 amendments to the Constitution were passed to guarantee individual rights. Which amendment do you feel is the most important? Which is the least? Justify.

I believe the First Amendment is the most important because it outlines our most basic rights as humans. It's first for a reason. I believe the Third Amendment is the least important because it is not really relevant to America at this point in time.

Discuss some states' reluctance to accept the Constitution and how it was remedied

Some states were reluctant to ratify the Constitution because they were debating about how strong or weak the central government should be. The Federalists favored strong central government while the anti-Federalists favored a weaker central government. This was remedied by the Federalists compromising and creating a Bill of Rights that would ensure the national government would not interfere with individual liberties.

Explain the basic purpose of the American legal system and why American law is said to be a living law

The basic purpose of the American legal system is to ensure fairness in balancing individual and societal rights and needs, while preventing excessive government power. American law is said to be a living law because it can change along with society.

The _____ was established vertically through the separation of power between the federal government and the states, and laterally through the three branches of government

balance of power

Early English judge-made law, based on customs and traditions that were followed throughout the country, is known as ______

common law

Discuss in detail the similarities and differences between consensus and conflict theory

Consensus theory has laws that express the agreed upon values of a society and what they believe to be right and wrong. Within this theory, individuals form a society and agree to give up a portion of their individual freedom to benefit society. In conflict theory, laws are established to keep the dominant class in power.

In the supremacy clause, the ______ declared itself to be the supreme law of the land

Constitution

England's historic _________, a precedent for democratic government and individual rights, played an important role in the framing of the United States Constitution

Magna Carta

There are two schools of thought regarding the purpose of the criminal justice system, one advocating the crime control model and another the due process model. How do they differ? Which do you prefer? Why?

The Crime Control Model emphasizes efficiency and uniformity, rests on the presumption of guilt, and takes as assembly line approach to justice. The Due Process Model emphasizes that individual rights are not to be sacrificed for the sake of efficiency, rests on the presumption of innocence, and takes an obstacle course approach to justice. I prefer the Due Process Model because it requires the process of enforcing law to be fair. I believe individual rights are important and innocent people should not be hurt just so the system runs smoothly. Presuming guilt causes many innocent people to get caught up within the system.

Explain the primary purpose of the Constitution and how it is achieved

The primary purpose of the Constitution was to establish a central government who is authorized to deal directly with individuals rather than states, and to incorporate a system of checks and balances that would limit the power of the government. This balance of power is achieved by separating the power of the federal government and the states while separating power through the branches of government.

Courts that may hear a wide range of cases have ______ jurisdiction

general

Courts with general jurisdiction may hear a wide range of cases, whereas those of _______ jurisdiction hear a much narrower range of cases

limited

Local jurisdictions, such as at the county or municipal level, may enact their own specific codes, often referred to as ________

ordinances

_______ describes the authority of a court to hear cases first, try them and render decisions

original jurisdiction

Stare decisis is a common law doctrine requiring that ______ set in one case shall be followed in all cases having the same or similar circumstances

precedent