SCCJA Unit 1, Well Update 2023 Questions and Answers.

SCCJA Unit 1, Well Update 2023 Questions and Answers. 1776 - CORRECT ANSWER -Declaration of Independence 1787 - CORRECT ANSWER -Drafting of the Constitution 1788 - CORRECT ANSWER -Ratification with Bill of Rights added 1791 - CORRECT ANSWER -Ratification of Bill of Rights Separation of Powers - CORRECT ANSWER -System of checks and balances that ensure no branch of the government becomes too strong, accomplished by forcing all the branches to interact and rely on each other. Legislative Branch - CORRECT ANSWER -Makes laws, Article I Executive Branch - CORRECT ANSWER -Enforces laws, Article II Judicial Branch - CORRECT ANSWER -Interprets laws, Article III 1st Amendment - CORRECT ANSWER -Freedom of: Religion, speech, press, peaceful assembly/protest 4th Amendment - CORRECT ANSWER -Implies that right to privacy is inherent. Freedom from unreasonable searches and seizures. Requires probable cause, particular descriptions, and an oath for the issuance of a warrant. 5th Amendment - CORRECT ANSWER -Requires a grand jury for capital or infamous crimes. Freedom from double jeopardy and self-incrimination. Ensures due process. 6th Amendment - CORRECT ANSWER -Ensures: Speedy and public trial, impartial jury in proper venue, knowledge of charges, confrontation of witnesses, ability to obtain favorable witnesses, assistance of defense attorney. 14th Amendment - CORRECT ANSWER -Made the BoR applicable to the states. Before the 14th, Supreme Court decisions only applied to Federal agents, afterwards all Supreme Court decisions applied to both Federal and state LE. Brought uniformity to application of due process. US Supreme Court - CORRECT ANSWER -Article III of Constitution. Court of last resort. Judicial Review. President nominates all justices, including position of Chief Justice, and they must be confirmed by a majority of the senate. 9 justices. Receive and dispose approx. 5,000 cases a year, and grant certiorari to about 150 cases. Term begins the first Monday of October and ends in late June or early July. Due process - CORRECT ANSWER -No law will be unreasonable, arbitrary, or capricious and the means selected to enforce that law shall have a reasonable and substantial relation to the object being sought to be achieved by that law or process. FUNDAMENTAL FAIRNESS Civil Liability - CORRECT ANSWER -Responsibility that an officer must bear for damages or injuries that the officer has caused another person to suffer Tort - CORRECT ANSWER -A civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages Negligence - CORRECT ANSWER -Failure to do what a reasonable officer would be expected to do under the circumstances. Established by determining: Was a duty owed? Did the officer breach that duty? Did that failure cause the injury? Plaintiff - CORRECT ANSWER -Person who files or initiates a lawsuit Municipal Liability - CORRECT ANSWER -"Deep Pockets Liability" is shown when an agency has a policy (pattern, or practice) that was the cause of the injury. "Policy" can be written or unwritten Direct Liability - CORRECT ANSWER -Officer caused the injury or harm and is being sued as the defendant