SCCJA SPECIAL BASIC STUDY GUIDE EXAM QUESTIONS
AND ANSWERS GRADED A+ LATEST UPDATE.
Historical Events occurring between 1776 and 1791 that lead to
decisions that lead to the ratification of the Constitution and the Bill of
Rights ANS >>> Colonists declared independence from England, in
order to create a central government without the ability to become a
tyranny. Strong versus Decentralized form of government battle where
the Bill of Rights came in.
First Amendment ANS >>> 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 grievances.
4th Amendment ANS >>> The right of 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
searched.
6th Amendment ANS >>> In all criminal prosecutions, the accused
shall enjoy the 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 defence.
14th Amendment ANS >>> 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. This is
the Due Process amendment
What is the separation of powers concept ANS >>> concept that the
division of government responsibilities among the various branches-
Legislative (writes-makes the laws), Executive (Enforces the law),
Judicial (Interprets the law)
,What branch of government does law enforcement belong to ANS >>>
Executive Branch (Enforce the law)
What are Peels Principles of Modern Law Enforcement ANS >>>
Principles that are relevant for law enforcement to follow today. The big
one- The ability of the police to perform their duties is dependent on
public approval. Otherwise, some others include remaining impartial,
only use physical force to the extent necessary, prevent crime is the
basic mission
Recognize the importance of the South Carolina State constitution ANS
>>> Identical concepts to the US Constitution however two differences:
In addition to the protections in the 4th amendment, and individual is
also protected against unreasonable invasions of privacy and in regards
to the particularity requirement, the information sought pursuant to a
warrant be stated significantly
Function and organization of the US Supreme Court ANS >>> The
SCOTUS is the court of last resort. There are 9 members of the court
with a Chief Justice.
What is "case law” ANS >>> Written decision of appellate courts
deciding actual cases-- also known as precedent or common law
What are elements of an offense ANS >>> elements, or key points that
the state must prove for every offense in order to obtain a conviction.
, Structure of the US Court System ANS >>> From Bottom to Top: U.S.
District Courts, US Court of Appeals, SCOTUS
Structure of the South Carolina Court system ANS >>> Bottom to Top:
Summary Courts (Magistrate, Municipal, Probate Courts), Circuit Court
(Common pleas- CIVIL and General Sessions- CRIMINAL), Court of
Appeals.
Also, within are Family Court and Master-in-Equity court
How can a state case be reviewed in Federal Court ANS >>> Cases may
be appealed to the US Supreme Court by petitioning for a Writ of
Certiorari. This is the ONLY way. Has to deal with a US constitution issue.
What are the origins of criminal law ANS >>> Comes from Sumerian in
modern day Iraq
Where does common law come from ANS >>> Court Decisions
Where does statutory law come from? ANS >>> Legislatively created
laws
AND ANSWERS GRADED A+ LATEST UPDATE.
Historical Events occurring between 1776 and 1791 that lead to
decisions that lead to the ratification of the Constitution and the Bill of
Rights ANS >>> Colonists declared independence from England, in
order to create a central government without the ability to become a
tyranny. Strong versus Decentralized form of government battle where
the Bill of Rights came in.
First Amendment ANS >>> 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 grievances.
4th Amendment ANS >>> The right of 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
searched.
6th Amendment ANS >>> In all criminal prosecutions, the accused
shall enjoy the 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 defence.
14th Amendment ANS >>> 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. This is
the Due Process amendment
What is the separation of powers concept ANS >>> concept that the
division of government responsibilities among the various branches-
Legislative (writes-makes the laws), Executive (Enforces the law),
Judicial (Interprets the law)
,What branch of government does law enforcement belong to ANS >>>
Executive Branch (Enforce the law)
What are Peels Principles of Modern Law Enforcement ANS >>>
Principles that are relevant for law enforcement to follow today. The big
one- The ability of the police to perform their duties is dependent on
public approval. Otherwise, some others include remaining impartial,
only use physical force to the extent necessary, prevent crime is the
basic mission
Recognize the importance of the South Carolina State constitution ANS
>>> Identical concepts to the US Constitution however two differences:
In addition to the protections in the 4th amendment, and individual is
also protected against unreasonable invasions of privacy and in regards
to the particularity requirement, the information sought pursuant to a
warrant be stated significantly
Function and organization of the US Supreme Court ANS >>> The
SCOTUS is the court of last resort. There are 9 members of the court
with a Chief Justice.
What is "case law” ANS >>> Written decision of appellate courts
deciding actual cases-- also known as precedent or common law
What are elements of an offense ANS >>> elements, or key points that
the state must prove for every offense in order to obtain a conviction.
, Structure of the US Court System ANS >>> From Bottom to Top: U.S.
District Courts, US Court of Appeals, SCOTUS
Structure of the South Carolina Court system ANS >>> Bottom to Top:
Summary Courts (Magistrate, Municipal, Probate Courts), Circuit Court
(Common pleas- CIVIL and General Sessions- CRIMINAL), Court of
Appeals.
Also, within are Family Court and Master-in-Equity court
How can a state case be reviewed in Federal Court ANS >>> Cases may
be appealed to the US Supreme Court by petitioning for a Writ of
Certiorari. This is the ONLY way. Has to deal with a US constitution issue.
What are the origins of criminal law ANS >>> Comes from Sumerian in
modern day Iraq
Where does common law come from ANS >>> Court Decisions
Where does statutory law come from? ANS >>> Legislatively created
laws
