When courts rely on precedent, they are obeying ______.
Answer
Correct Answer:
Stare decisis
Note: This Question is unanswered, help us to find answer for this one
_____ is a writ compelling public officials to perform their duty.
Answer
Correct Answer:
Writ of mandamus
Note: This Question is unanswered, help us to find answer for this one
Is stare decisis a Latin term that means “let the decision stand.” It refers to the judicial practice of looking to the past for pertinent decisions (i.e., for precedent) and deferring to them. Thus, a court will not overturn a past decision on an important legal issue unless there is a good reason for doing so?
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
_____ is known as latin for “the reason for the decision.” The legal principle or rationale used by the courts to arrive at their decisions.
Answer
Correct Answer:
Ratio decidendi
Note: This Question is unanswered, help us to find answer for this one
_____ is defined as the Supreme Court has interpreted the Sixth Amendment’s requirement that the defendant be tried by an “impartial jury” to mean that the jury pool must be a “random cross section of the community.” This means that all members of the community must have an equal chance of being included in the jury pool.
Answer
Correct Answer:
Random cross section of the community
Note: This Question is unanswered, help us to find answer for this one
_____ is the view, prominent in the due process model of the criminal process, which holds that defendants are to be treated as though their guilt is an open question until they have been adjudicated guilty.
Answer
Correct Answer:
Presumption of innocence
Note: This Question is unanswered, help us to find answer for this one
Is presumption of guilt the view, prominent in the crime control model of the criminal process, which holds that defendants who are not screened out early in the process by police and prosecutors are probably guilty and therefore can be passed quickly through the remaining stages in the process. A prediction of outcome: Those not screened out early in the process are probably guilty and more than likely will plead guilty or be found guilty at trial?
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
Is precedent decisions of another court or judge that the judge trying a case will rely on as justification in forming his or her decision?
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
_____ is known as an important function of courts, particularly appellate courts. The process of reviewing the decisions of lower courts and of criminal justice officials to ensure that proper procedures were followed and that neither laws nor constitutional provisions were violated.
Answer
Correct Answer:
Oversight
Note: This Question is unanswered, help us to find answer for this one
_____ is defined as latin for “things said by the way.” Supporting statements made by the courts in making their decisions. These statements are legal or nonlegal arguments used to support the ratio decidendi (legal principles on which the decision is based) and do not constitute precedent.
Answer
Correct Answer:
Obiter dicta
Note: This Question is unanswered, help us to find answer for this one
_____ is a written body of rules of conduct applicable to all members of a defined community, society, or culture that emanate from a governing authority and are enforced by its agents by the imposition of penalties for their violation.
Answer
Correct Answer:
Law
Note: This Question is unanswered, help us to find answer for this one
Is judicial review the power of the court to examine a law and determine whether it is constitutional. To make this determination, judges examine the law and compare it with the Constitution. This requires them to interpret the language of both the statute and the Constitution. If the judge determines the law is constitutional, he or she upholds the law; if not, he or she declares it unconstitutional and therefore void?
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
Is inquisitorial system system of justice found in most European countries. The parties to the case provide all the relevant evidence to the court, and the judge, not the attorneys for the state or the defense, calls and examines witnesses?
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
_____ is known as an ideological worldview that is contrary to people’s best interests. Workers have been duped into accepting the legitimacy of the law by the ruling classes and are not aware that the law does not serve them.
Answer
Correct Answer:
False consciousness
Note: This Question is unanswered, help us to find answer for this one
_____ is defined as a term derived from the Latin word for just and refers to remedies for wrongs that were not recognized (neither the remedies nor the wrongs) under English common law.
Answer
Correct Answer:
Equity
Note: This Question is unanswered, help us to find answer for this one
_____ is model that views protecting the rights of individuals as the most important function of the criminal justice system; emphasizes reliability, which is achieved through formal, adversarial procedures.
Answer
Correct Answer:
Due process model
Note: This Question is unanswered, help us to find answer for this one
Is due process procedural justice that is due to all persons whenever they are threatened with the loss of life, liberty, or property at the hands of the state. Due process is essentially a set of instructions informing agents of the state how they must proceed in their investigation, arrest, questioning, prosecution, and punishment of individuals who are suspected of committing crimes. Due process rules are thus rules that attempt to ensure that people are treated justly by the stat?
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
_____ is model that views the suppression of criminal conduct—that is, controlling crime—as the most important function of the criminal justice system; the primary function of the system is to control crime by apprehending, convicting, and punishing those who violate the law; emphasizes efficiency and finality, which is achieved through informal, nonadjudicatory procedures.
Answer
Correct Answer:
Crime control model
Note: This Question is unanswered, help us to find answer for this one
Is consensus theorists emphasize how society is structured to maintain its stability and view it as an integrated network of institutions (the family, church, school, economy, government) that function to maintain social order and the system as a whole. Social stability is also achieved in this view through cooperation, shared values, and the cohesion and solidarity that people feel by being part of a shared culture?
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
Is conflict theorists consider society to be composed of individuals and groups with sharply different interests and to be characterized by conflict and dissention. People and groups everywhere, they maintain, seek to maximize their interests. Because resources are limited, conflict between different individuals and groups is inevitable and continuous?
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
_____ is defined as laws that developed through court decisions rather than statutes; judge-made law.
Answer
Correct Answer:
Common law
Note: This Question is unanswered, help us to find answer for this one
_____ is the first known written legal code. Dating back to 2076 BC in ancient Mesopotamia, the code delineated crimes and their punishments and also enumerated settlements for common disputes.
Answer
Correct Answer:
Code of hammurabi
Note: This Question is unanswered, help us to find answer for this one
Is adjudication one of the two key roles of the criminal courts; to process defendants who have been arrested by the police and formally charged with criminal offenses?
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
Packer’s crime control model compares the criminal justice system to an assembly line. What is the due process model compared to?
Answer
Correct Answer:
An obstacle course
Note: This Question is unanswered, help us to find answer for this one
According to the crime control model, which of the following is key to the effective operation of the criminal process?
Answer
Correct Answer:
Efficiency
Note: This Question is unanswered, help us to find answer for this one
Which of the following is one of the irreducible elements of the rule of law?
Answer
Correct Answer:
A nation must recognize the supremacy of certain fundamental values and principles.
Note: This Question is unanswered, help us to find answer for this one
Equity is a term derived from the Latin word for “just” and refers to increased remedies for wrongs that were recognized under English common law.
Answer
Correct Answer:
False
Note: This Question is unanswered, help us to find answer for this one
One of the main differences between civil law and common law is that common law is written and civil law is unwritten.
Answer
Correct Answer:
False
Note: This Question is unanswered, help us to find answer for this one
According to the conflict perspective of law, laws are established for the benefit of all citizens.
Answer
Correct Answer:
False
Note: This Question is unanswered, help us to find answer for this one
Stare decisis is the principle underlying precedent.
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
Every final decision by a court creates stare decisis.
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
The first and most common role of the courts is oversight.
Answer
Correct Answer:
False
Note: This Question is unanswered, help us to find answer for this one
Due process is concerned with making sure that the criminal process is efficient, speedy, and final.
Answer
Correct Answer:
False
Note: This Question is unanswered, help us to find answer for this one
The theories of Karl Marx are central to the conflict perspective on law.
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
English common law is the earliest known written law.
Answer
Correct Answer:
False
Note: This Question is unanswered, help us to find answer for this one
Appellate court decisions may have far-reaching impacts.
Answer
Correct Answer:
True
Note: This Question is unanswered, help us to find answer for this one
Courts provide oversight over the general population.
Answer
Correct Answer:
False
Note: This Question is unanswered, help us to find answer for this one
Once precedent is set, it can never be overturned.
Answer
Correct Answer:
False
Note: This Question is unanswered, help us to find answer for this one
