SCCJA BLOCK 1 TEST
Recognize important historical events that occurred between 1776 and 1791 that significantly impacted
decisions leading to the ratification of the Constitution and Bill of Rights? - Answer-
Identify the Amendments that make up the Bill of Rights and Protections afforded by the 1st, 4th, 5th
and 6th Amendments? - Answer-1st amendment Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press, or the right of the people peaceably to assemble, and to petition the Government for a
redress of grievance.
4th amendment The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized
5th amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on
a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or public danger; nor shall any person be subject for the
same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be
witness against himself, nor be deprived of 6 life, liberty, or property, without due process of law; nor
shall private property be taken for public use without just compensation.
6th amendment- e right to a speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed; which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance
of counsel for his defense
,Identify the 14th Amendment and what it means for "due process of law? - Answer-14th amendment All
persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
Due Process is defined by Black's Law Dictionary as "the conduct of legal proceedings according to
established rules and principles for the protection and enforcement of private rights, including notice
and the right to a fair hearing before a tribunal with the power to decide the case". Black's Law
Dictionary
Identify the separation of powers concept and determine its application to the three branches of
government and their functions? - Answer-the three branches of government have coordinating roles. In
all situations the need for interaction between the branches prevents one branch from becoming too
powerful.
Legislative The role of the legislative branch is to make laws. Legislators perform this function by writing
and passing new legislation, also by amending and repealing existing laws.
b. Executive The role of the executive branch is to enforce the law. Law enforcement officers enforce
the law and fall within the executive branch of government.
c. Judicial The role of the judicial branch is to interpret laws. The judicial branch includes all courts
provided by law.
Identify which branch of government law enforcement belongs to, and "Peel's Principles of Modern Law
Enforcement"? - Answer-law enforcement belongs to executive government because they enforce the
laws.
Peels Principles:
prevent crime and disorder, secure and maintain public respect, protecting and preserving life,
minimum amount of force, never abuse your power,
, Recognize the importance of the South Carolina State Constitution? - Answer-n, South Carolina's
Constitution also includes a Bill of Rights. Many provisions are identical to those found in the first ten
amendments, others afford additional protections available to persons in our state.
search and seizures With regard to the "particularity" requirement, South Carolina requires the
information sought pursuant to a warrant to be stated specifically.
Recognize the function and organization of the U.S. Supreme Court? - Answer-First, as the highest court
in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial
review, it plays an essential role in ensuring that each branch of government recognizes the limits of its
own power.
Define "case law" and identify which courts give us binding case law? - Answer-case law may be binding
(mandatory for a court to follow) or merely persuasive (entitled to respect and careful consideration).
Decisions by the US Supreme Court are binding on all federal and state courts. In South Carolina,
decisions by the South Carolina Supreme Court and South Carolina Court of Appeals are binding on all
lower courts whereas decisions made by one Summary Court judge are not binding on another.
Identify sources of legal information and what is meant by the phrase "elements of an offense"? -
Answer-elements of an offense are beyond a reasonable doubt.
With malice aforethought (either express or implied)
Identify the structure of the U.S. and S.C. court systems, thier respective jurisdiction and thier function
in the appeals process. Indicate how a state case can be reviewed in federal court? - Answer-Supreme
Court
circuit Court of appeals
district Court
summary Court
circuit Court
can be reviewed by federal court by right of cert
Recognize important historical events that occurred between 1776 and 1791 that significantly impacted
decisions leading to the ratification of the Constitution and Bill of Rights? - Answer-
Identify the Amendments that make up the Bill of Rights and Protections afforded by the 1st, 4th, 5th
and 6th Amendments? - Answer-1st amendment Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press, or the right of the people peaceably to assemble, and to petition the Government for a
redress of grievance.
4th amendment The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized
5th amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on
a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or public danger; nor shall any person be subject for the
same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be
witness against himself, nor be deprived of 6 life, liberty, or property, without due process of law; nor
shall private property be taken for public use without just compensation.
6th amendment- e right to a speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed; which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance
of counsel for his defense
,Identify the 14th Amendment and what it means for "due process of law? - Answer-14th amendment All
persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
Due Process is defined by Black's Law Dictionary as "the conduct of legal proceedings according to
established rules and principles for the protection and enforcement of private rights, including notice
and the right to a fair hearing before a tribunal with the power to decide the case". Black's Law
Dictionary
Identify the separation of powers concept and determine its application to the three branches of
government and their functions? - Answer-the three branches of government have coordinating roles. In
all situations the need for interaction between the branches prevents one branch from becoming too
powerful.
Legislative The role of the legislative branch is to make laws. Legislators perform this function by writing
and passing new legislation, also by amending and repealing existing laws.
b. Executive The role of the executive branch is to enforce the law. Law enforcement officers enforce
the law and fall within the executive branch of government.
c. Judicial The role of the judicial branch is to interpret laws. The judicial branch includes all courts
provided by law.
Identify which branch of government law enforcement belongs to, and "Peel's Principles of Modern Law
Enforcement"? - Answer-law enforcement belongs to executive government because they enforce the
laws.
Peels Principles:
prevent crime and disorder, secure and maintain public respect, protecting and preserving life,
minimum amount of force, never abuse your power,
, Recognize the importance of the South Carolina State Constitution? - Answer-n, South Carolina's
Constitution also includes a Bill of Rights. Many provisions are identical to those found in the first ten
amendments, others afford additional protections available to persons in our state.
search and seizures With regard to the "particularity" requirement, South Carolina requires the
information sought pursuant to a warrant to be stated specifically.
Recognize the function and organization of the U.S. Supreme Court? - Answer-First, as the highest court
in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial
review, it plays an essential role in ensuring that each branch of government recognizes the limits of its
own power.
Define "case law" and identify which courts give us binding case law? - Answer-case law may be binding
(mandatory for a court to follow) or merely persuasive (entitled to respect and careful consideration).
Decisions by the US Supreme Court are binding on all federal and state courts. In South Carolina,
decisions by the South Carolina Supreme Court and South Carolina Court of Appeals are binding on all
lower courts whereas decisions made by one Summary Court judge are not binding on another.
Identify sources of legal information and what is meant by the phrase "elements of an offense"? -
Answer-elements of an offense are beyond a reasonable doubt.
With malice aforethought (either express or implied)
Identify the structure of the U.S. and S.C. court systems, thier respective jurisdiction and thier function
in the appeals process. Indicate how a state case can be reviewed in federal court? - Answer-Supreme
Court
circuit Court of appeals
district Court
summary Court
circuit Court
can be reviewed by federal court by right of cert
