CJC 250 Exam 1 Test Questions Fully
Answered.
Consensus Theory - Answer -Society is basically good
-Law is basically neutral (controls harmful behavior, reflects shared values)
-Law resolves conflict (compromise between groups, no winners and losers)
-Law is applied equitably (people obey the law out of respect)
Conflict Theory - Answer -Society (individuals and groups with different interests)
-The Law (benefits the powerful and privileged, not those in need)
-Marx and Engels (powerful and powerless)
-False Consciousness (working class accepts harmful laws, powerful intuitions and values)
Relationship of law to justice - Answer Not identical, but go in accordance with each other
-Law as justice (respects, cultivates, and protects dignity of all)
The Rule of Law - Answer Reichel's Three Elements
1 - supremacy of fundamental values and principles
2 - must be written
3 - holds government to principles and values
Due Process - Answer -Ensures fair treatment from state
-Fundamental human right
-Protects from loss of life, liberty, and property
Procedural Due Process - Answer The minimum requirements of notice and hearing
guaranteed by the fifth and fourth amendments
Substantive Due Process - Answer Require legislation to be fair and reasonable in content and
to further a legitimate government objective
, Due Process
-Protect individual rights
Reality
-Misdemeanor courts
-Plea bargaining
-Resources
Judicial Functions - Answer -Settle disputes and obtain justice (criminal and civil)
-Make public policy decisions
-Interpret and apply statutes (reactive)
How Judges "Make" Laws - Answer -Apply law (law is inflexible and must be enforced)
-Interpret law (law is vague, before enforcing it must be interpreted)
Development of Common Law - Answer -Precedent
-Courts don't always follow precedent
-Stare decisis
-Judicial review
Precedent - Answer -Created by Court decisions (issuing, inferior, and lower courts follow)
-Supreme Court has final say (can overrule previous decision)
Stare Decisis - Answer -"Let the decision stand" (principle behind precedent)
-Ratio decidendi ("Reason for decision")
-Obiter dicta (when decisions on ration decidendi not binding)
Judicial Review - Answer -Power to determine constitutionality of law (judge made)
-Law and Constitution (interpretation requires discretion)
Role of Courts in CJS - Answer 1 -Adjudication
2 - Oversight
Answered.
Consensus Theory - Answer -Society is basically good
-Law is basically neutral (controls harmful behavior, reflects shared values)
-Law resolves conflict (compromise between groups, no winners and losers)
-Law is applied equitably (people obey the law out of respect)
Conflict Theory - Answer -Society (individuals and groups with different interests)
-The Law (benefits the powerful and privileged, not those in need)
-Marx and Engels (powerful and powerless)
-False Consciousness (working class accepts harmful laws, powerful intuitions and values)
Relationship of law to justice - Answer Not identical, but go in accordance with each other
-Law as justice (respects, cultivates, and protects dignity of all)
The Rule of Law - Answer Reichel's Three Elements
1 - supremacy of fundamental values and principles
2 - must be written
3 - holds government to principles and values
Due Process - Answer -Ensures fair treatment from state
-Fundamental human right
-Protects from loss of life, liberty, and property
Procedural Due Process - Answer The minimum requirements of notice and hearing
guaranteed by the fifth and fourth amendments
Substantive Due Process - Answer Require legislation to be fair and reasonable in content and
to further a legitimate government objective
, Due Process
-Protect individual rights
Reality
-Misdemeanor courts
-Plea bargaining
-Resources
Judicial Functions - Answer -Settle disputes and obtain justice (criminal and civil)
-Make public policy decisions
-Interpret and apply statutes (reactive)
How Judges "Make" Laws - Answer -Apply law (law is inflexible and must be enforced)
-Interpret law (law is vague, before enforcing it must be interpreted)
Development of Common Law - Answer -Precedent
-Courts don't always follow precedent
-Stare decisis
-Judicial review
Precedent - Answer -Created by Court decisions (issuing, inferior, and lower courts follow)
-Supreme Court has final say (can overrule previous decision)
Stare Decisis - Answer -"Let the decision stand" (principle behind precedent)
-Ratio decidendi ("Reason for decision")
-Obiter dicta (when decisions on ration decidendi not binding)
Judicial Review - Answer -Power to determine constitutionality of law (judge made)
-Law and Constitution (interpretation requires discretion)
Role of Courts in CJS - Answer 1 -Adjudication
2 - Oversight
