BULW 3300 Chapter 1
Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by:
Congress
Under the common law, which of the following is true?
In a case of first impression, a judge may use persuasive authorities rather than precedents.
The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?
Legal Realist School
The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?
Natural Law
You've decided to buy some rental property but know very little about the law regarding landlord-tenant relations. You head to the local law library to do a little research on the subject. The law librarian is extremely helpful, and with his help, you have lots of reading material about landlord-tenant law! You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers?
The methods of enforcing the rights established by substantive law.
The principle of stare decisis does which of the following?
creates predictability in the legal system
If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they:
may create new precedent.
Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of:
stare decisis.
Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that:
the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.
Historically, the common law developed from:
the unification of local customs and laws in feudal England.