CRJU 350: MIDTERM
What is Federalism? - ANS-A system of government in which power is divided between
a central, national authority (the federal government) and regional political units (state
governments)
How many courts does the U.S. have? - ANS-51; Subject to their own rules
What is the Constitution? - ANS-Establishes the structure, powers, and duties of a
government, while also stating the limitations that exist on the exercise of that power
How many sections does the constitution have? - ANS-Three: Preamble, 7 Articles, and
Amendments
The Preamble - ANS-Explains the purposes of the Constitution and defines the powers
of the new government as originating from the people of the United States.
Articles (7) - ANS-Establishes the structure and powers of the federal government.
The Amendments - ANS-The Bill of Rights; declare limitations that exist on the power of
the government.
What do the sections of the constitution represent? - ANS-The three branches of the
government: Executive, Legislative, and Judicial branch
Statutes - ANS-Legislative acts declaring, commanding or prohibiting different types of
conduct
Ordinances - ANS-Law passed by a minor legislative body below the state level that
deals with a local concern.
Administrative Regulations - ANS-Rules adopted by administrative agencies that have
the force of the law
Treaties - ANS-President, with the advice and consent of the senate, may enter with
foreign nations which have the force of the law
Executive Orders - ANS-An order issued by the U.S. President which has the force of
the law.
, Case Law - ANS-Decisions issued by the state and federal appellate courts interpreting
the law constitute a source of law in their controlling jurisdiction as well.
Precedent (Principle of Case Law) - ANS-A judicial decision that establishes a principle
of rule of law
Stare Decisis (Principle of Case Law) - ANS-A doctrine that courts will follow precedent
when deciding cases with similar issues and/or facts
Why should courts follow the rules established in prior, similar cases? - ANS-Certainty,
consistency, and stability in court cases, but departures from precedent permitted for
compelling reasons
Example of case law - ANS-5th Amendment -> Miranda v. Arizona -> The Court's
Miranda decision then became a ruleof law which must be followed by all law
enforcement.
Majority Opinion - ANS-The opinion joined by more than half of the members of the
court
Concurring Opinion - ANS-Opinion(s) by one or more of the judges which agrees the
decision made by the majority of the court but states different (additional) reasons as
the basis for decision
Dissenting Opinion - ANS-Opinion(s) by one or more judges expressing disagreement
with the majority opinion of the court
Investigative Limits - ANS-4th, 5th (Self-incrimination, due process), 6th (Right to
counsel)
Adjudicatory Rights - ANS-5th (Self-incrimination, double jeopardy, grand jury right, due
process), 6th, 8th
Reconstruction Amendments - ANS-13th, 14th, 15th
Incorporation Doctrine - ANS-The legal concept under which the Supreme Court has
nationalized the Bill of Rights by making most of its provisions applicable to the states
through the Fourteenth Amendment.
What is Federalism? - ANS-A system of government in which power is divided between
a central, national authority (the federal government) and regional political units (state
governments)
How many courts does the U.S. have? - ANS-51; Subject to their own rules
What is the Constitution? - ANS-Establishes the structure, powers, and duties of a
government, while also stating the limitations that exist on the exercise of that power
How many sections does the constitution have? - ANS-Three: Preamble, 7 Articles, and
Amendments
The Preamble - ANS-Explains the purposes of the Constitution and defines the powers
of the new government as originating from the people of the United States.
Articles (7) - ANS-Establishes the structure and powers of the federal government.
The Amendments - ANS-The Bill of Rights; declare limitations that exist on the power of
the government.
What do the sections of the constitution represent? - ANS-The three branches of the
government: Executive, Legislative, and Judicial branch
Statutes - ANS-Legislative acts declaring, commanding or prohibiting different types of
conduct
Ordinances - ANS-Law passed by a minor legislative body below the state level that
deals with a local concern.
Administrative Regulations - ANS-Rules adopted by administrative agencies that have
the force of the law
Treaties - ANS-President, with the advice and consent of the senate, may enter with
foreign nations which have the force of the law
Executive Orders - ANS-An order issued by the U.S. President which has the force of
the law.
, Case Law - ANS-Decisions issued by the state and federal appellate courts interpreting
the law constitute a source of law in their controlling jurisdiction as well.
Precedent (Principle of Case Law) - ANS-A judicial decision that establishes a principle
of rule of law
Stare Decisis (Principle of Case Law) - ANS-A doctrine that courts will follow precedent
when deciding cases with similar issues and/or facts
Why should courts follow the rules established in prior, similar cases? - ANS-Certainty,
consistency, and stability in court cases, but departures from precedent permitted for
compelling reasons
Example of case law - ANS-5th Amendment -> Miranda v. Arizona -> The Court's
Miranda decision then became a ruleof law which must be followed by all law
enforcement.
Majority Opinion - ANS-The opinion joined by more than half of the members of the
court
Concurring Opinion - ANS-Opinion(s) by one or more of the judges which agrees the
decision made by the majority of the court but states different (additional) reasons as
the basis for decision
Dissenting Opinion - ANS-Opinion(s) by one or more judges expressing disagreement
with the majority opinion of the court
Investigative Limits - ANS-4th, 5th (Self-incrimination, due process), 6th (Right to
counsel)
Adjudicatory Rights - ANS-5th (Self-incrimination, double jeopardy, grand jury right, due
process), 6th, 8th
Reconstruction Amendments - ANS-13th, 14th, 15th
Incorporation Doctrine - ANS-The legal concept under which the Supreme Court has
nationalized the Bill of Rights by making most of its provisions applicable to the states
through the Fourteenth Amendment.
