CRJU 4200: Criminal Courts Midterm

Why is studying courts important?

Courts make decisions that affect the lives of ordinary Americans and address pressing national concerns like crime.

What are the primary functions of courts?

Courts settle disputes, make public policy decisions, and clarify the law by interpreting statutes.

What is the definition of law?

Law is a written body of rules of conduct applicable to all members of a community, created by the legislature.

What is the Code of Hammurabi?

The first known written legal code that governed societal relationships and introduced standards of conduct.

What are the two opposing perspectives on law?

Consensus theorists view law as a mechanism for stability, while conflict theorists1 emphasize how society has individuals with different interests.

What is the Consensus Perspective on law?

It views law as a necessary mechanism for controlling detrimental behavior and reflecting community values.

What is the Conflict Perspective on law?

It argues that law functions to preserve the power of the exploitative and settles conflicts in favor of the ruling class.

How are law and justice related?

Law and justice are not identical; justice can only be achieved through law.

What is equity in the context of law?

Equity refers to remedies for wrongs not recognized under English common law, handled by the king's chancellor.

What are the three irreducible elements of the Rule of Law?

Supremacy of fundamental values, written documentation of these values, and a system of procedures to uphold them.

What is the primary function of the Crime Control Model?

To control crime through the suppression of criminal conduct and ensure public order.

Goal: to move cases through the justice process as swiftly as possible.

Presumption of guilt: Defendants who are not screened out early are likely to be guilty.

Presumption of innocence: defendants to be treated not as guilty until adjudicated so.

What distinguishes the Due Process Model from the Crime Control Model?

The Due Process Model emphasizes reliability and minimizing mistakes, requiring both factual and legal guilt to be proved.

What is the role of judges in making law?

Judges interpret the law and apply it to unique cases, contributing to the development of common law.

What is precedent in legal terms?

Precedent is created by final decisions that govern all courts, requiring lower courts to follow higher court rulings.

What does stare decisis mean?

It is the judicial practice of looking to past decisions for guidance and deferring to them.

What is judicial review?

The power of courts to examine laws and determine their constitutionality, established in Marbury v. Madison (1803).

What is the primary function of adjudication in the court system?

To process defendants who have been arrested and charged with criminal offenses.

What is the role of appellate courts?

To oversee the criminal justice system and ensure that proper procedures were followed at the lower court level.

What is a writ of mandamus?

A court order compelling public officials to perform their duty, as established in judicial review cases.

What is the significance of the Magna Carta in legal history?

It was drawn up to limit the power of the sovereign and laid the groundwork for the development of common law.

What does the term 'false consciousness' refer to?

A worldview that contradicts people's best interests, often perpetuated by the ruling class.

How does the court system serve society?

By providing a forum for dispute resolution, making policy decisions, and clarifying laws.

What is the importance of the Fourth Amendment?

It limits governmental power and protects individual rights against unreasonable searches and seizures.

Due Process

A system of procedures to hold the government to its principles.

Rules that attempt to ensure that people are treated justly by the state

Ratio Decidendi means

the reason for the decision

Obiter dicta means

things said by the way

Pronouncements that do not constitute precedent are

Ratio Decidendi and Obiter dicta

What are primary sources of law?

Judge-made law and statutory law.

What is legislation?

Rules enacted by the legislature.

What is the role of legislators?

Lawmakers who literally make law.

What are administrative regulations?

Rules enacted by state or local agencies.

What are the sources of individual rights?

The U.S. and state Constitutions, federal and state statutes.

What does the Bill of Rights consist of?

The first ten amendments to the Constitution.

What are the three individual rights mentioned in the Constitution?

The right to seek a writ of habeas corpus, prohibition of bills of attainder, and prohibition of ex post facto laws.

What does the First Amendment protect?

Freedoms of religion, speech, press, and assembly. Two clauses on religion are included in the First Amendment.

What is the significance of the Second Amendment?

It protects the right to keep and bear arms.

What does the Fourth Amendment prohibit?

Unreasonable searches and seizures, requiring probable cause for warrants.

What is probable cause?

Justification required for search or seizure.

What rights are included in the Fifth Amendment?

Rights related to criminal prosecutions, including protection against double jeopardy and self-incrimination.

What does the Sixth Amendment guarantee?

Rights associated with criminal trials, including the right to a speedy and public trial.

What does the Seventh Amendment provide?

The right to a trial by jury in civil lawsuits.

What does the Eighth Amendment prohibit?

Excessive bail and cruel and unusual punishment.

What does the Ninth Amendment state?

The rights listed in the Bill of Rights are not the only rights that citizens possess. ex: Griswold v. Connecticut - right to privacy

What does the Tenth Amendment reserve?

Rights not delegated to the federal government are reserved for the states and citizens.

What is the Due Process Clause of the Fourteenth Amendment?

It applies all provisions of the Bill of Rights to states.

What is the Equal Protection Clause?

It prohibits states from making unequal, arbitrary distinctions between people.

What is selective incorporation?

The process by which some provisions of the Bill of Rights are applied to the states.

What is total incorporation?

The entire Bill of Rights applied to the states.

What is the significance of the case Barron v. Baltimore?

It established that the Bill of Rights applied only to the federal government.

What is the dual-sovereignty doctrine?

It allows a person to be tried for the same offense in both state and federal courts.

What does the term 'fundamental rights' refer to?

Rights that are essential for liberty and justice.

What is the role of the Supreme Court in determining the validity of statutes?

It assesses whether statutes that restrict rights are constitutional based on specific conditions.

What is the significance of the Third Amendment?

Forbidding the "quartering," or housing of soldiers in private homes without permission.

What is criminal law?

A code of conduct that everyone in society is expected to follow, treating violations as acts against the state.

What is the primary purpose of criminal law?

To protect the public from harm by punishing unlawful acts.

What does civil law govern?

Transactions between nongovernment entities and private individuals, resolving disputes regarding property, contracts, and personal injuries.

What are the four categories of civil law?

Torts, property, contracts, and family law.

What is the standard of proof in criminal trials?

Proof beyond a reasonable doubt.

What is the standard of proof in civil proceedings?

Proof by a preponderance of the evidence.

What are mala in se crimes?

Crimes that are universally condemned and inherently harmful.

What are mala prohibita crimes?

Less serious misdeeds with no consensus on their harmfulness.

What is the penal code?

A set of statutes that define criminal law and the elements of crimes.

What does the Due Process Clause of the Fourteenth Amendment limit?

The state's ability to enact laws that infringe on constitutional rights.

What is corpus delicti?

The body of the crime, which must be established for criminal liability.

What are the five elements of criminal liability?

Actus reus, mens rea, concurrence, causation, and harm.

What is actus reus?

The guilty act, which can be a voluntary movement, omission, or possession.

What is mens rea?

The guilty mind or criminal intent, which can vary in levels of intention. The four levels are purposeful, knowing, reckless, and negligent.

What is strict liability?

Liability imposed without the need for criminal intent. Example: selling alcohol to someone under the age of 21, driving over the speed limit.

What are inchoate crimes?

Crimes that are incomplete or preparatory to another crime, including attempt, solicitation, and conspiracy.

What is an affirmative defense?

A defense where the defendant admits to the act but claims it was justified or excused.

Burden of production: duty to produce evidence.

Burden of persuasion: refers to which side has to prove its case

defendant has both

What is the difference between justification and excuse defenses?

Justification admits to the offense but claims it was not criminal, e.g., self-defense; excuse admits wrongdoing but argues that the circumstances negate liability, e.g., age and insanity.

What is tort law?

Law associated with harm caused to plaintiffs by the actions or inactions of defendants.

What are the categories of torts?

Intentional torts, negligence, and strict liability torts.

What is the purpose of property law?

To protect owners from harm or loss of their property.

What is contract law concerned with?

The conduct of business and the enforcement of agreements between parties.

What is family law focused on?

The creation and dissolution of marriages, including divorce and child custody.

What is a no-fault divorce?

A divorce where no party is assumed to be at fault for the marital breakup.

What is res judicata?

The civil law principle preventing double jeopardy in civil cases.

What is Concurrence?

The union of criminal act and criminal intent.

What is Causation?

A criminal act is the act that is the cause of the harm.

What is Harm?

The result of the act, the injury to another.

What is Res Judicata

Civil law analogy of prohibition against double jeopardy.

In property law, what does tenancy in common mean?

Multiple parties share an equal share of a piece of real property

In property Law, what does an Easement mean?

right to use another's real property for a limited purpose and time.

in property law, what does Adverse possession mean?

gaining title to another's land by simply using it.

in property law, what does the Nuisance doctrine mean?

usage of the property without adverse effect on other property owners

Interests in personal property.

In property law, what does Personal property mean?

any tangible item not connected to the land.

Bailment: transfer of possession but not ownership

What is an Annulment?

a legal declaration that a marriage never existed.

What are the two main types of courts in the U.S.?

Federal and state courts.

What is jurisdiction in the context of courts?

The authority of a court to hear a case, conferred by statute or constitution.

What is personal jurisdiction?

The authority of a court over a defendant.

What is subject matter jurisdiction?

The authority of a court to hear a particular type of case.

What are the two types of subject matter jurisdiction?

Limited jurisdiction and general jurisdiction.

What is geographic jurisdiction?

The authority of a court to hear cases within specific venues.

What is hierarchical jurisdiction?

The division of duties and roles among courts in a jurisdiction.

What are original and appellate jurisdictions?

Original jurisdiction refers to the court's power to hear a case for the first time, while appellate jurisdiction refers to the power to review decisions made by lower courts.

What historical act created the federal judicial system?

The Judiciary Act of 1789.

What is the role of the Supreme Court in the federal court system?

It is the court of last resort and primarily hears appeals.

What is a writ of certiorari?

An order by the Supreme Court to a lower court to send the record of a case for review.

What is the 'rule of four' in the Supreme Court?

A principle that requires four justices to agree to grant a writ of certiorari for a case to be heard.