Final

Question 0

Define “reasonable”

Answer 0

No specific meaning provided by courts. Logical, fair, not in left field. Depends on individual and circumstance

Question 1

4th Amendment (2 concepts)

Answer 1

Unreasonable search and seizures, requirement of probable cause to issue warrant

Question 2

Terry v. Ohio

Answer 2

Cops are in unique position to make inferences and have a great deal of freedom in doing so

Question 3

Reasonable suspicion

Answer 3

Facts that would lead a reasonable person to suspect the same thing

Question 4

A stop

Answer 4

Briefly detained because of reasonable suspicion

Question 5

A frisk

Answer 5

Pat down/ minimal search of outer clothing to discover weapons

Question 6

Stop & Frisk

Answer 6

Limited search of outer clothing for weapons based on reasonable suspicion

Question 7

Probable Cause

Answer 7

Would lead police officer to believe 1) a crime has been committed or location continues anyway

Question 8

Totality of the Citcumstances

Answer 8

Suggests there is no single deciding factor

Question 9

Sources of Probable cause

Answer 9

Personal Observation
Information
Evidence
associoan

Question 10

Exclusionary Rule

Answer 10

Can’t use illegally obtained evidence(Fruit of the Poisoned Tree)

Question 11

Exceptions to exclusionary rule

Answer 11

Inevitable discovery

Good Faith

Question 12

Arrest

Answer 12

Officer believe crime has been or is being committed

Question 13

Warrantless arrest okay if:

Answer 13

Misdemeanor committed in his presence; probable cause that crime happened

Question 14

Rules of Warrantless Arrest in residence

Answer 14

Cannot force entry(barring exigent circumstances)

Question 15

Warrants

Answer 15

Has the name/ crime. Needed if officer establishes probable causes

Question 16

To enter dwelling w/ warrant:

Answer 16

Must knock/identify purpose(barring exigent circumstances)

Question 17

To make arrest in 3rd party’s residence

Answer 17

Requires warrant(barring exigent circumstances)

Question 18

Reasonable expectation of privacy

Answer 18

Must show they have reasonable expectation of privacy; expectation must be reasonable

Question 19

Search Warrant Rule

Answer 19

All searches without warrants are illegal except: lawful arrest, exigent circumstances, plain view, consent, plain view, automobile, inventory, emergencies

Question 20

Warrants must demonstrate:

Answer 20

Probable cause, and specific information on suspect and items

Question 21

4 categories of items that can be seized:

Answer 21

1)Items resulting from crime 2)Items that are inherently illegal 3)evidence 4)Items used in committing crime (scope of search limited to size of object)

Question 22

Warrants not needed to search:

Answer 22

With consent, automobiles, or plain view

Question 23

Electronic surveillance can only be used if:

Answer 23

Consent given or warrant given authorizing activity

Question 24

Miranda Warnings

Answer 24

Explain rights when person is under arrest

Question 25

Miranda Warnings not required when:

Answer 25

1)non-testimonial questions 2)question witnesses at scene 3)person volunteers info 4)suspect gives private statement to friend 5)2nd session 6)traffic stop

Question 26

Court legitimacy based on:

Answer 26

Impartiality; independence

Question 27

Due process function

Answer 27

Protect individual right

Question 28

Crime Control Function

Answer 28

Punishment/Repression of criminal conduct

Question 29

Rehabilitation function

Answer 29

Provide treatment for offenders when appropriate

Question 30

The Bureaucratic Function

Answer 30

Tasks associated with processing cases

Question 31

Jurisdiction

Answer 31

Authority of court to hear/decide cases. Set by law and limited by territory/type of case

Question 32

Types of jurisdiction

Answer 32

Geographic, International, Subject-matter

Question 33

Trial Courts

Answer 33

Have original jurisdiction; concerned with questions of fact

Question 34

Appellate courts

Answer 34

Review decisions of lower courts; concerned with questions of law

Question 35

Bench trial

Answer 35

Judge decides questions of fact and procedure

Question 36

Jury trial

Answer 36

Judge decides questions of procedure, jury decides questions of fact

Question 37

Fed/state court jurisdictions

Answer 37

Federal courts enforce federal statutes, State Courts enforce state statutes.

Question 38

Concurrent jurisdiction

Answer 38

Both courts have jurisdiction

Question 39

Michigan State Court System

Answer 39

District Court, Circuit Court, Michigan Court of Appeals, Michigan Supreme Court

Question 40

Michigan Circuit Court

Answer 40

Felony/civil cases over $25,000, appeals from district court; family/probate court.

Question 41

3 tiers of federal court

Answer 41

US District Court, US Court of Appeals(Michigan is 6th Federal Court of Appeals, United States Supreme Court(court of last resort)

Question 42

Writ of certiorari

Answer 42

How cases are selected

Question 43

2 ways Supreme Court makes policy

Answer 43

Judicial review, and interpretation of the law

Question 44

Judicial review

Answer 44

Whether a law or action by other branches of government is constitutional

Question 45

Interpretation of the law

Answer 45

Determines meaning of statutory provisions in specific situations

Question 46

How are federal court judges appointed?

Answer 46

Appointed by pres; approved by Senate

Question 47

How can state court judges be appointed?

Answer 47

Appointment, election or the Missouri Plan

Question 48

What is the Missouri Plan?

Answer 48

State court judge nominated by nonpartisan committee, selected by governed. Retention elections

Question 49

Duties of judges?

Answer 49

Negotiator, referee, teacher, administrator

Question 50

Duties of Judiciary?

Answer 50

Oversees court conduct, settles questions of evidence/procedures, guides questioning of witnesses, decides case when jury not used, decides sentence

Question 51

Courtroom work group

Answer 51

Judges, Prosecuters, defense attorneys, bailiffs, clerks of the court, court reporters

Question 52

Prosecutors have authority to decide:

Answer 52

Whether suspect will be charged, level of charges, and if and when to stop prosecution

Question 53

Federal level prosecution?

Answer 53

US attorney

Question 54

State Prosecutors

Answer 54

State/District/County/City Attorney; State Prosecutor