exam 1

Question 1

what is law on the books

Answer 1

legal and structural components of the judiciary, constitutions, regulations

Question 2

what is law in action

Answer 2

focuses on human factors governing the actual application, police, judges

Question 3

what are the 8 steps for a criminal prosecution

Answer 3

1.arrest
2.initial appearance
3.preliminary hearing
4.arraignment
5.plea negotiations
6.trial
7.sentencing
8.appeal

Question 4

characteristics of due process model

Answer 4

liberal, protects rights, advocates social programs aims at reducing crime by reducing poverty

Question 5

characteristics of crime control model

Answer 5

conservative, goal of eliminating crime, harsh punishment

Question 6

define substantive law

Answer 6

rule that creates legal obligations/expectations

Question 7

define procedural law

Answer 7

establishes methods of enforcing obligations

Question 8

what is adversary law and what does it achieve

Answer 8

guiding assumption is that 2 parties approach the same set of facts from different perspectives; achieves guilt or innocence, keeps sides in control

Question 9

4 elements that define law

Answer 9

REAL
body of rules
enforced regularly and backed by force of state
enacted by persons authorized
enacted in legitimate manner

Question 10

what is civil law

Answer 10

disputes between private parties, involves $, burden of proof is by preponderance of the evidence, examples are domestic relations, property, contracts

Question 11

what is criminal law

Answer 11

crimes or wrongs against person, punished with incarceration, prosecutor has to prove beyond a reasonable doubt, examples are murder, robbery, burglary

Question 12

what is natural law

Answer 12

basis in higher authority, moral basis law, common to all society, grounded in nature

Question 13

what is positive law

Answer 13

human made law, changes w circumstances, limited by natural law, conflict w natural law

Question 14

doctrine that requires to decide a case by applying previous cases

Answer 14

stare decisis

Question 15

what is stare decisis(precedent)

Answer 15

“let decision stand”, promotes fairness and consistency is judicial decision making

Question 16

what is jurisdiction

Answer 16

authority or power of a court to decide a dispute

Question 17

appellate jurisdiction

Answer 17

case goes to app c so they can review what the trial court did

Question 18

original jurisdiction

Answer 18

power of a court to hear and decide a case for the first time, trial court

Question 19

concurrent jurisdiction

Answer 19

shared between courts

Question 20

diversity jurisdiction

Answer 20

suits between residents of different states, more than $75,000

Question 21

what did art 3 of constitution create

Answer 21

the us supreme c and all other courts as well as the structure

Question 22

what is writ of certiorari

Answer 22

request that supreme c order a lower c to send up the record of the case for review

Question 23

what is rule of 4

Answer 23

4 supreme c justices have to agree to hear the case

Question 24

characteristics of trial courts

Answer 24

original jurisdiction, 1 judge, determine guilt or innocence

Question 25

characteristics of appellate courts

Answer 25

review the case, no jury, figure out if it has the correct interpretation of law

Question 26

diagram federal c system

Answer 26

us supreme c appellate c(us c of appeals) trial c (us district c) federal c (military)

Question 27

diagram state c system

Answer 27

state supreme c, superior c/commonwealth c, common pleas c, magisterial district judges

Question 28

what is problem solving c

Answer 28

courts aimed to treat the problems that underlie and contribute to certain crimes ex drug c, domestic violence c, mental health c

Question 29

2 primary functions of appeals

Answer 29

error correction (interpretation of law) policy formation (law making)

Question 30

what is mandatory jurisdiction

Answer 30

required to hear the case

Question 31

what discretionary jurisdiction

Answer 31

chooses to hear case

Question 32

reversed disposition

Answer 32

disagree with lower court so they reverse it

Question 33

affirmed disposition

Answer 33

judgement of the lower court is correct and should stand

Question 34

remands disposition

Answer 34

case is sent back to the lower c

Question 35

reversed and remands disposition

Answer 35

case overturned and disagreed, sent back to lower c for further hearing

Question 36

6 steps of appellate process

Answer 36

1.file notice of appeal 2.appellate c record sent pleadings, transcripts 3.review appellate briefs (written arguments of each side) 4.oral argument 5.written opinion (app c explanation) 6.dispostiion (reversed, remanded, etc)

Question 37

difference between art 1 and 3 judges

Answer 37

art 1 are nominated by pres and confirmed by senate. art 3 have lifetime appointments

Question 38

factors of juv c

Answer 38

found delinquent, help child, informal proceedings, proceedings based on civil law, secret proceedings, no jury trial, probation officer from beginning

Question 39

factors of adult c

Answer 39

called criminal, focuses on punishment, formal, proceedings based on criminal law, open proceedings, have jury trial

Question 40

3 ways juv might be in system

Answer 40

delinquency, status offenses, need of supervision

Question 41

factors that determine whether a case should be handled in juv system

Answer 41

age, severity of crime, past offenses

Question 42

when determining if a case should be transferred to adult what is the first factor a c should consider

Answer 42

a specific waiver must be signed

Question 43

doctrine that established juv system

Answer 43

parens patrie

Question 44

what is parens patrie

Answer 44

"state as parent", progressive efforts sought to change the thinking about children

Question 45

9 supreme c justices

Answer 45

1 john roberts Cheif GWB 2 clarence thomas GHWB 3 samuel alito GWB 4 sonia sotomayor obama 5 elena kagan obama 6 brett kavanaugh T 7 amy coney barret T 8 neil gorsuch T 9 ketanji brown jackson biden

Question 46

what is dissenting opinion

Answer 46

explains why they believe their fellow judges reached the wrong conclusion