Online Instructor’s Manual
@A
with Test Bank
to accompany
Courts and Criminal Justice
pl
In America
Third Edition
us
Larry J. Siegel
University of Massachusetts, Lowell
Frank Schmalleger
Emeritus, University of North Carolina
st
John L. Worrall
University of Texas – Dallas
Instructor’s Manual and Testbank Prepared By
uv
Elvira M. White-Lewis
Texas A&M University – Commerce
Bridgette Aicher
ia
Prentice Hall
Boston Columbus Indianapolis New York San Francisco Upper Saddle River
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto
Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
@Aplusstuvia
, Chapter 1
Legal Foundations
@A
CHAPTER OVERVIEW
This chapter introduces the court system and its importance to our system of governance
and the reasons that we have government courts. The legal basis for the American court
system results from early legal codes, common law, modern criminal codes,
administrative regulations, and constitutions (federal and local). Protecting individuals
pl
who come before the courts is essential to our system of justice. Defining and
distinguishing criminal and civil law are concepts discussed in depth in this chapter.
CHAPTER OBJECTIVES
us
1. Explain the purpose and functions of courts and the dual court system.
2. Outline the history and development of law and the courts.
3. Summarize the guiding legal principles underlying the U.S. court system.
4. Explain the nature of disputes.
st
LECTURE OUTLINE
COURTS AND THEIR IMPORTANCE
Teaching Note: Begin your class with a discussion regarding how much background
information that the students have about the courts. This can be an ice-breaker in a new
uv
course and thus put students at ease. Give each student an index card and have them write
the five (5) most important functions of the court system. Keep the cards during the
semester. Return them to students and discuss with them at the end of the course. They
will be surprised at how much they have learned.
What Is a Court?
Proper legal authority as spelled out in constitutions or statutes.
ia
Generally found in the judicial branch, as opposed to legislative and
executive branches of government.
Empowered to make binding decisions-adjudications.
Dual system of federal and states:
o At each level there is district court hierarchy.
o States have limited jurisdiction courts.
o Federal and state systems have appellate courts.
Courts in American Government
1
@Aplusstuvia
, Why government courts?
o Growth of larger societies shifted law enforcement from a private
affair to a public or governmental one.
Dual court systems separates federal and state courts:
o Ours acting as a system of cooperative federalism.
o Can promote complications and confusion.
@A
Functions of the court system in a hierarchical jurisdictional way.
Functions of the Court System
Upholding the law.
Protecting individuals.
Resolving disputes.
Reinforcing social norms.
pl
LEGAL BASIS FOR THE COURTS
Religious Judeo-Christian values had a key role in the evolution of American
government.
Criminal justice began with the Declaration of Independence.
Early Legal Codes
us
Code of Hammurabi.
Twelve Tables.
Signaled the emergence of formalized “law”.
Common Law and Precedent
Emphasizes the importance of judicial decisions.
Uniformity of judicial decisions came to be known as common law.
Common law is in contrast of special law enforced in specific villages.
st
Precedent refers to some prior action that guides current action.
o Judges decisions were “guided” by earlier decisions
Precedent ensured continuity and predictability. Stare decisis, which is
Latin for “to stand by things decided,” is the formal practice of adhering to
precedent.
Precedents change as the times change.
uv
Modern Legal Codes
Differ from early legal codes.
Exist at different levels of government.
Several different forms.
Do not exist just to prohibit criminal conduct.
Administrative Regulations
ia
Rules promulgated by government agencies.
Authority given by executive and legislative branch.
Eases the burden on executive and legislative branch.
Can be found in specific statutes.
At federal level can be found in Code of Federal Regulations.
Constitutions
Most significant source of law.
2
@Aplusstuvia
, o Tend to steer clear of specifics and generally place limits on
government authorities.
Bill of Rights consists of the first ten amendments.
Each state has its own constitution, which often mirrors the federal
constitution and can be more restrictive, but cannot relax protections
spelled out in the U.S. Constitution.
@A
Teaching Note: Before moving forward, review the sources of law to make certain that
students understand where the laws come from. It is equally important that they are
familiar with regulatory and administrative law as it is with the other sources.
Role of the Courts
Adjudication
pl
Primary focus of the courts is dispute resolution and the adjudication of
complaints.
In the context of criminal justice, this most often means that courts decide
who is going to answer for an alleged criminal act.
Without this adjudication role, courts perform the vital function of
determining who is and is not guilty.
us
Certain courts (namely, the appellate courts) ensure that lower courts
applied the law correctly.
Set of checks ensures that judges who make a serious legal error and
mistakes in applying the law incorrectly are held accountable for their
mistakes.
Oversight
st
Nation’s appellate courts decide matters of law. Oversight is not direct like
it is in a supervisor–subordinate relationship. Courts only get involved
once a particular matter comes to the attention of an appellate court.
Not all decisions are published, particularly in the lower courts, which
limits the oversight function.
Guiding Legal Principles
uv
Presumptions
A presumption is a fact assumed to be true under the law.
Protects the accused, as does the adversarial system.
Presumption of innocence is both presumption of law and a rebuttable
presumption.
Examples of presumption include: sanity, death, against suicide, guilty
ia
mind following possession of the fruits of a crime, knowledge of law,
regularity of official acts, that young children cannot commit crimes, and
that people intend the results of their voluntary actions.
Presumptions serve basically as substitutes for evidence.
Constitutional Rights
Help ensure that people accused of criminal activity are not rushed to
judgment and treated unfairly.
Exist at state and federal level.
3
@Aplusstuvia
@A
with Test Bank
to accompany
Courts and Criminal Justice
pl
In America
Third Edition
us
Larry J. Siegel
University of Massachusetts, Lowell
Frank Schmalleger
Emeritus, University of North Carolina
st
John L. Worrall
University of Texas – Dallas
Instructor’s Manual and Testbank Prepared By
uv
Elvira M. White-Lewis
Texas A&M University – Commerce
Bridgette Aicher
ia
Prentice Hall
Boston Columbus Indianapolis New York San Francisco Upper Saddle River
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto
Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
@Aplusstuvia
, Chapter 1
Legal Foundations
@A
CHAPTER OVERVIEW
This chapter introduces the court system and its importance to our system of governance
and the reasons that we have government courts. The legal basis for the American court
system results from early legal codes, common law, modern criminal codes,
administrative regulations, and constitutions (federal and local). Protecting individuals
pl
who come before the courts is essential to our system of justice. Defining and
distinguishing criminal and civil law are concepts discussed in depth in this chapter.
CHAPTER OBJECTIVES
us
1. Explain the purpose and functions of courts and the dual court system.
2. Outline the history and development of law and the courts.
3. Summarize the guiding legal principles underlying the U.S. court system.
4. Explain the nature of disputes.
st
LECTURE OUTLINE
COURTS AND THEIR IMPORTANCE
Teaching Note: Begin your class with a discussion regarding how much background
information that the students have about the courts. This can be an ice-breaker in a new
uv
course and thus put students at ease. Give each student an index card and have them write
the five (5) most important functions of the court system. Keep the cards during the
semester. Return them to students and discuss with them at the end of the course. They
will be surprised at how much they have learned.
What Is a Court?
Proper legal authority as spelled out in constitutions or statutes.
ia
Generally found in the judicial branch, as opposed to legislative and
executive branches of government.
Empowered to make binding decisions-adjudications.
Dual system of federal and states:
o At each level there is district court hierarchy.
o States have limited jurisdiction courts.
o Federal and state systems have appellate courts.
Courts in American Government
1
@Aplusstuvia
, Why government courts?
o Growth of larger societies shifted law enforcement from a private
affair to a public or governmental one.
Dual court systems separates federal and state courts:
o Ours acting as a system of cooperative federalism.
o Can promote complications and confusion.
@A
Functions of the court system in a hierarchical jurisdictional way.
Functions of the Court System
Upholding the law.
Protecting individuals.
Resolving disputes.
Reinforcing social norms.
pl
LEGAL BASIS FOR THE COURTS
Religious Judeo-Christian values had a key role in the evolution of American
government.
Criminal justice began with the Declaration of Independence.
Early Legal Codes
us
Code of Hammurabi.
Twelve Tables.
Signaled the emergence of formalized “law”.
Common Law and Precedent
Emphasizes the importance of judicial decisions.
Uniformity of judicial decisions came to be known as common law.
Common law is in contrast of special law enforced in specific villages.
st
Precedent refers to some prior action that guides current action.
o Judges decisions were “guided” by earlier decisions
Precedent ensured continuity and predictability. Stare decisis, which is
Latin for “to stand by things decided,” is the formal practice of adhering to
precedent.
Precedents change as the times change.
uv
Modern Legal Codes
Differ from early legal codes.
Exist at different levels of government.
Several different forms.
Do not exist just to prohibit criminal conduct.
Administrative Regulations
ia
Rules promulgated by government agencies.
Authority given by executive and legislative branch.
Eases the burden on executive and legislative branch.
Can be found in specific statutes.
At federal level can be found in Code of Federal Regulations.
Constitutions
Most significant source of law.
2
@Aplusstuvia
, o Tend to steer clear of specifics and generally place limits on
government authorities.
Bill of Rights consists of the first ten amendments.
Each state has its own constitution, which often mirrors the federal
constitution and can be more restrictive, but cannot relax protections
spelled out in the U.S. Constitution.
@A
Teaching Note: Before moving forward, review the sources of law to make certain that
students understand where the laws come from. It is equally important that they are
familiar with regulatory and administrative law as it is with the other sources.
Role of the Courts
Adjudication
pl
Primary focus of the courts is dispute resolution and the adjudication of
complaints.
In the context of criminal justice, this most often means that courts decide
who is going to answer for an alleged criminal act.
Without this adjudication role, courts perform the vital function of
determining who is and is not guilty.
us
Certain courts (namely, the appellate courts) ensure that lower courts
applied the law correctly.
Set of checks ensures that judges who make a serious legal error and
mistakes in applying the law incorrectly are held accountable for their
mistakes.
Oversight
st
Nation’s appellate courts decide matters of law. Oversight is not direct like
it is in a supervisor–subordinate relationship. Courts only get involved
once a particular matter comes to the attention of an appellate court.
Not all decisions are published, particularly in the lower courts, which
limits the oversight function.
Guiding Legal Principles
uv
Presumptions
A presumption is a fact assumed to be true under the law.
Protects the accused, as does the adversarial system.
Presumption of innocence is both presumption of law and a rebuttable
presumption.
Examples of presumption include: sanity, death, against suicide, guilty
ia
mind following possession of the fruits of a crime, knowledge of law,
regularity of official acts, that young children cannot commit crimes, and
that people intend the results of their voluntary actions.
Presumptions serve basically as substitutes for evidence.
Constitutional Rights
Help ensure that people accused of criminal activity are not rushed to
judgment and treated unfairly.
Exist at state and federal level.
3
@Aplusstuvia
