CJUS 410 EXAM 1 - PART 2 QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026
What is the Purpose of the Law and Legal System? - Answers Providing the proper use of justice as
defined by the law
What are the Reasons as to why the Law regulates Human Interactions? - Answers - Protects society's
interests
- Deter Anti-social behavior
- Enforce moral beliefs
- Uphold individual rights
- Support those in power
- Punish law breakers
- Seek retribution for wrongdoing
What are the Models used to discern the Purpose of the Criminal Justice System? - Answers - The
Crime Control Model
- The Due Process Model
What describes the Crime Control Model? - Answers - Emphasizes the repression of criminal conduct
- CJUS system must bring criminal behavior under tight control
What describes the Due process Model? - Answers - Emphasizes the rights of the individual
- Rests on the presumption of innocence
- Individual rights are not to be sacrificed for the sake of efficiency
What is the Consensus Theory - Answers - Holds that indivduals in a society agree on basic values,
what is inherently right and wrong, and the laws that express these values
- Social contract where individuals agree to give up a portion of their individual freedom to benefit the
security of the group
What is the Conflict Theory? - Answers - Holds that laws are established to keep dominant class in
power
- Explains how laws protect the interests and values of the dominant groups in society
What is the basic purpose of the Legal System? - Answers It's purpose is to ensure fairness in
balancing individuals and society's rights and needs, while preventing excessive govt power
How is Common Law defined? - Answers Early English judge-made law, based on custom and
tradition that was followed throughout the country
What can Common law be synonymous to? - Answers It can be synonymous with Case law, based on
previous cases
What serves as the basis for Common Law? - Answers Blackstone's Commentary on the laws of
Englund serves as the basis
- We are governed by the law of nature and the law of man
What Precedent/Doctrine does Common Law heavily depend on? - Answers Depends on stare decisis
What defines stare decisis? - Answers - Requires that decisions in cases shall be followed in all later
cases having the same or similar circumstances
- Ensures consistency in the law
What case(s) contradict the principle of stare decisis? - Answers - Roe v. Wade
- Dobbs v. Jackson Women's Health Organization
Why is the Dobb's Decision Important? - Answers - Stare decisis is a principle that governs the US
legal system
- To have a decision that completely overturns a case, and thus stare decisis, is a rarity
Why is there a Continuing Need for Law? - Answers - The Constitution's purpose remains to ensure
individual liberty by limiting govt power
- The law controls the govt by restricting how and when the govt can/t interfere with citizen's lives
Why should effective law be flexible? - Answers It must respond to the different needs in different
times that human nature dictates
Why is American Law referred to as a "Living Law?" - Answers It can change, expand, or be rescinded
to serve the overall system
What is Statutory Law? - Answers Laws set by legislatures or governing bodies having jurisdiction to
make such law
- Can be referred to as Codified Law
What is Codified Law? - Answers Law specifically set forth in organized, structured codes:
- US Criminal Code
What is the Purpose of the Law and Legal System? - Answers Providing the proper use of justice as
defined by the law
What are the Reasons as to why the Law regulates Human Interactions? - Answers - Protects society's
interests
- Deter Anti-social behavior
- Enforce moral beliefs
- Uphold individual rights
- Support those in power
- Punish law breakers
- Seek retribution for wrongdoing
What are the Models used to discern the Purpose of the Criminal Justice System? - Answers - The
Crime Control Model
- The Due Process Model
What describes the Crime Control Model? - Answers - Emphasizes the repression of criminal conduct
- CJUS system must bring criminal behavior under tight control
What describes the Due process Model? - Answers - Emphasizes the rights of the individual
- Rests on the presumption of innocence
- Individual rights are not to be sacrificed for the sake of efficiency
What is the Consensus Theory - Answers - Holds that indivduals in a society agree on basic values,
what is inherently right and wrong, and the laws that express these values
- Social contract where individuals agree to give up a portion of their individual freedom to benefit the
security of the group
What is the Conflict Theory? - Answers - Holds that laws are established to keep dominant class in
power
- Explains how laws protect the interests and values of the dominant groups in society
What is the basic purpose of the Legal System? - Answers It's purpose is to ensure fairness in
balancing individuals and society's rights and needs, while preventing excessive govt power
How is Common Law defined? - Answers Early English judge-made law, based on custom and
tradition that was followed throughout the country
What can Common law be synonymous to? - Answers It can be synonymous with Case law, based on
previous cases
What serves as the basis for Common Law? - Answers Blackstone's Commentary on the laws of
Englund serves as the basis
- We are governed by the law of nature and the law of man
What Precedent/Doctrine does Common Law heavily depend on? - Answers Depends on stare decisis
What defines stare decisis? - Answers - Requires that decisions in cases shall be followed in all later
cases having the same or similar circumstances
- Ensures consistency in the law
What case(s) contradict the principle of stare decisis? - Answers - Roe v. Wade
- Dobbs v. Jackson Women's Health Organization
Why is the Dobb's Decision Important? - Answers - Stare decisis is a principle that governs the US
legal system
- To have a decision that completely overturns a case, and thus stare decisis, is a rarity
Why is there a Continuing Need for Law? - Answers - The Constitution's purpose remains to ensure
individual liberty by limiting govt power
- The law controls the govt by restricting how and when the govt can/t interfere with citizen's lives
Why should effective law be flexible? - Answers It must respond to the different needs in different
times that human nature dictates
Why is American Law referred to as a "Living Law?" - Answers It can change, expand, or be rescinded
to serve the overall system
What is Statutory Law? - Answers Laws set by legislatures or governing bodies having jurisdiction to
make such law
- Can be referred to as Codified Law
What is Codified Law? - Answers Law specifically set forth in organized, structured codes:
- US Criminal Code
