SOLUTIONS MANUAL
** All Chapters included
** Suggested Answers to End-of-Chapter Assignments
** Review Questions
,Table of Contents are given below
1. Legal Foundations
2. Who Controls the Courts?
3. Federal Courts
4. State Courts
5. Juvenile Courts
6. Specialized Courts
7. Judges
8. Prosecutors
9. Defense Attorneys
10. Defendants and Victims: Their Roles and Rights
11. Pretrial Procedures
12. Plea Bargaining and Guilty Pleas
13. The Jury and the Trial
14. Sentencing, Appeals and Habeas Corpus
15. Differential Treatment and Wrongful Convictions
16. Technology, Alternatives and the Future
, Chapter 1
Legal Foundations
Chapter Overview
This chapter introduces the court system and discusses the importance of courts within
the justice system and beyond criminal justice. The legal basis for the American court
system stems from early legal codes, common law, modern criminal codes,
administrative regulations, and constitutions. The key functions of the courts include
adjudication and oversight. The chapter reviews various guiding legal principles that are
designed to ensure people are protected while participating in the court process. Criminal
and civil disputes are explained and differentiated.
Chapter Objectives
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.
Lecture Outline
Courts and Their Importance
Teaching Note: Begin your class with a discussion regarding how much background
information the students have about the courts. This can be an icebreaker to put students
at ease. Give each student an index card and have them write what they believe are the
five most important functions of the court system. Keep the cards during the semester.
Return them to students and discuss them at the end of the course. They will be surprised
at how much they have learned.
What Is a Court?
• Key elements of a court
o Proper legal authority as spelled out in constitutions or statutes
o Generally found in the judicial branch, as opposed to legislative
and executive branches of government
o Empowered to make binding decisions through the process of
adjudication
• Criminal courts deal with suspected law violators, while civil courts
resolve disputes between private parties
1
, Courts in American Government
• Why government courts?
o Growth of larger societies shifted law enforcement from a private
affair to a public or governmental one
o Victims are not just individuals but the state as well
• Dual Court Systems
o Separates federal and state courts
o U.S. courts are a system of cooperative federalism
o Can promote complications and confusion
o Distinct court hierarchy at each level
Functions of the Court System
• Upholding the law.
• Protecting individuals.
• Resolving disputes.
• Reinforcing social norms.
Legal Basis for the Courts
• Key foundations of modern American criminal justice
o Religion
o Ancient legal codes
o Common law traditions
Early Legal Codes
• Code of Hammurabi.
• Twelve Tables.
• Signaled the emergence of formalized “law.”
Common Law and Precedent
• Common law was the law “in common” throughout England—uniformity
resulted from shared judicial decisions.
• Common law can be contrasted to special law, which was enforced in
specific villages.
• Precedent refers to some prior action that guides current action.
o Judges’ decisions were “guided” by earlier decisions
o Precedent ensured continuity and predictability
o Stare decisis is the formal practice of adhering to precedent
• Precedents change as the times change.
Other Sources of Law
Modern Legal Codes
• Differ from early legal codes because they exist at different levels of
government and come in several different forms.
• Do not exist just to prohibit criminal conduct—also provide important
rights.
Administrative Regulations
• Rules promulgated by government agencies that have authority given by
executive and legislative branches.
• Violations are viewed as civil rather than criminal matters.
• Eases the burden on executive and legislative branches.
2
** All Chapters included
** Suggested Answers to End-of-Chapter Assignments
** Review Questions
,Table of Contents are given below
1. Legal Foundations
2. Who Controls the Courts?
3. Federal Courts
4. State Courts
5. Juvenile Courts
6. Specialized Courts
7. Judges
8. Prosecutors
9. Defense Attorneys
10. Defendants and Victims: Their Roles and Rights
11. Pretrial Procedures
12. Plea Bargaining and Guilty Pleas
13. The Jury and the Trial
14. Sentencing, Appeals and Habeas Corpus
15. Differential Treatment and Wrongful Convictions
16. Technology, Alternatives and the Future
, Chapter 1
Legal Foundations
Chapter Overview
This chapter introduces the court system and discusses the importance of courts within
the justice system and beyond criminal justice. The legal basis for the American court
system stems from early legal codes, common law, modern criminal codes,
administrative regulations, and constitutions. The key functions of the courts include
adjudication and oversight. The chapter reviews various guiding legal principles that are
designed to ensure people are protected while participating in the court process. Criminal
and civil disputes are explained and differentiated.
Chapter Objectives
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.
Lecture Outline
Courts and Their Importance
Teaching Note: Begin your class with a discussion regarding how much background
information the students have about the courts. This can be an icebreaker to put students
at ease. Give each student an index card and have them write what they believe are the
five most important functions of the court system. Keep the cards during the semester.
Return them to students and discuss them at the end of the course. They will be surprised
at how much they have learned.
What Is a Court?
• Key elements of a court
o Proper legal authority as spelled out in constitutions or statutes
o Generally found in the judicial branch, as opposed to legislative
and executive branches of government
o Empowered to make binding decisions through the process of
adjudication
• Criminal courts deal with suspected law violators, while civil courts
resolve disputes between private parties
1
, Courts in American Government
• Why government courts?
o Growth of larger societies shifted law enforcement from a private
affair to a public or governmental one
o Victims are not just individuals but the state as well
• Dual Court Systems
o Separates federal and state courts
o U.S. courts are a system of cooperative federalism
o Can promote complications and confusion
o Distinct court hierarchy at each level
Functions of the Court System
• Upholding the law.
• Protecting individuals.
• Resolving disputes.
• Reinforcing social norms.
Legal Basis for the Courts
• Key foundations of modern American criminal justice
o Religion
o Ancient legal codes
o Common law traditions
Early Legal Codes
• Code of Hammurabi.
• Twelve Tables.
• Signaled the emergence of formalized “law.”
Common Law and Precedent
• Common law was the law “in common” throughout England—uniformity
resulted from shared judicial decisions.
• Common law can be contrasted to special law, which was enforced in
specific villages.
• Precedent refers to some prior action that guides current action.
o Judges’ decisions were “guided” by earlier decisions
o Precedent ensured continuity and predictability
o Stare decisis is the formal practice of adhering to precedent
• Precedents change as the times change.
Other Sources of Law
Modern Legal Codes
• Differ from early legal codes because they exist at different levels of
government and come in several different forms.
• Do not exist just to prohibit criminal conduct—also provide important
rights.
Administrative Regulations
• Rules promulgated by government agencies that have authority given by
executive and legislative branches.
• Violations are viewed as civil rather than criminal matters.
• Eases the burden on executive and legislative branches.
2
