Con law Exam Questions with Correct Answers

Con law Exam Questions with Correct Answers The definition of law - Answer-is a body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority. Consensus Theory - Answer-The consensus theory focuses on the social order being sustained by the shared norms, values, and beliefs of the people. Society maintains the status quo for its members. Also, if an individual goes against what is accepted and shared by the majority of individuals in society, he/she is considered as deviant. Consensus theory gives credence to culture as a way of maintaining the consensus of society. Consensus emphasizes the inter-relationship of the values of a group of people. The consensus theory has little focus on social change as the consensus theorists focus more on maintaining the society as it is through agreement. Social change is not completely out of the question. On the contrary, the consensus theorists believe social change must happen within the boundaries of consensus. Conflict Theory - Answer-The conflict theory pays attention to the various conflict forms of inequality that take place in society such as those that are economical, political, and educational in nature. Conflict theory does not believe in shared norms and values or consensus of people. Conflict theorists acknowledge the importance of the struggle between classes and the clashes of the haves and have-nots as a means of achieving power. stare decisis - Answer-means let the decision stand. This policy requires the Courts to abide by and adhere to the decisions of previous cases or cases of precedent. the articles of confederation formally pledged the states to - Answer-They formally pledged the states to "a firm league of friendship," and "a perpetual union" created for "their common defense, the security of their liberties" and their "mutual and general welfare." when the articles of confederation were drafted the number of independent states in the union was - Answer-13 membership in which of the following is based on state populations - Answer-the house of represenatives the two main functions of the courts are to - Answer-settle controversies and decide the rules of the law that apply in the case the U.S. supreme court's chief function is as an appellate court - Answer-true regardless of the level of jurisdiction a statutory law may not violate the constitution - Answer-true the standard of proof in a civil case is - Answer-a preponderance of the evidence - Answerjudicial review refers to - Answer-the power of the Supreme Court to analyze the constitutionality of decisions of other government entities and lower courts The second paragraph of the Declaration of Independence stated that a government's right to rule is based upon: - Answer-permission from the people who are governed. The following statements are true about both torts and crimes, except: - Answer-Both are subject to the same standard of proof in court. A paradigm is a boundary or parameter that outlines a rule is based on experience. - Answer-false A significant influence on the development of the American legal system was the system of common law that evolved in England during the Middle Ages. - Answer-true When a court decision would have no practical effect, a case is apt to be dismissed for: - Answer-mootness Which of the following is not within the power of the Supreme Court? - Answer-It can issue proactive opinions to address and avoid future controversies. The framers of the Constitution were very specific as to how the Supreme Court was to be organized. - Answer-false affirmative action programs created to spread equal oppurtunity throughout the diverse american population - Answer-true due process of law means - Answer-fairness of gov. actions the case that dred scott v. sandford held - Answer-freed slaves did not have the right to remain in free terotory where slavery was still illegal Among other things, the Fourteenth Amendment: - Answer-permitted blacks to be citizens of the United States. after the plessy decision the concept of seperate but equal became entrinched in the southern states through the entactment - Answer-jim crow laws Full due process rights are afforded to inmates in prison disciplinary proceedings. - Answer-false