Intro To Law Test 1

Front 1

Letter from the Birmingham Jail was written by

Back 1

Martin Luther King Jr.

Front 2

What was the most significant of the ancient legal codes, which formally began with the introduction of the Twelve Tables in the mid-fifth century B.C

Back 2

Roman Law: Twelve tables led to the code of justinian

Front 3

What was the common law doctrine of following precedent, which really took hold with the development of the printing press in the fifteenth century?

Back 3

Stare Decisis

Front 4

What was the Magna Carta and what principal do legal historians note that it created?

Back 4

Magna carta was a series of promises that the king would follow the dictates of the law. created due process of law

Front 5

What is a writ of habeas corpus and why is it so significant to our constitutional democracy?

Back 5

A writ is a court order. habeas corpus writ requires just cause for holding another person in custody. this is one of the most significant laws in our democracy

Front 6

in us when can habeas corpus be suspended?

Back 6

in cases of rebellion or invasion the public safety may require it

Front 7

Of the 50 U.S. states, all but one chose to essentially follow the English common law was. What state did not, and what law did they follow?

Back 7

Louisiana follows the Napoleonic code

Front 8

What is the most fundamental and supreme law in the United States?

Back 8

Rule of law. law is the highest authority and is a tool to provide individual rights to life liberty and property

Front 9

What is the oldest known written legal code which was produced in Babylonia some 2,000 years before Christ?

Back 9

code of hammurabi

Front 10

What are trial lawyers known as in England?

Back 10

barristers

Front 11

In contrast to the more “inquisitorial” style of trial developed under the Roman law tradition, the English common law developed what type of system of justice?

Back 11

adversarial system of justice (opposing parties contend with each other to get a favorable outcome)

Front 12

Although the English Court of Chancery did not follow the common law, chancellors eventually came to rely on what type of precedent derived from previous equitable decisions?

Back 12

relied on maxims derived from previous equitable decisions. based on the idea of equity

Front 13

The first three articles of the U.S. Constitution, are referred to collectively as what types of articles because they define the structure and powers of Congress (Article I), the Executive (Article II), and the Judiciary (Article III)?

Back 13

known as the distributive articles because they distributed the power equally between the branches

Front 14

What is federalism?

Back 14

Federalism in the United States is the evolving relationship between U.S. state governments and the federal government of the United States.

Front 15

What is the doctrine of selective incorporation? What amendment did the Supreme Court utilize with this doctrine?

Back 15

The supreme court has held that most of the provisions of the bill of rights are embraced within the terms liberty or due process and thus applicable to the states fourteenth amendment

Front 16

What is the difference between a trial court and an appellate court? Do all fifty state judicial systems and the federal judicial system have both types of courts?

Back 16

trial courts conduct civil and criminal trials and various types of hearings. appellate courts hear appeals from the trial courts. twelve courts of appeals travel and hear appeals. supreme court also has appellate jx

Front 17

What are the primary trial courts known as in the Federal judicial system?

Back 17

District courts

Front 18

What is diversity jurisdiction?

Back 18

In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court in the federal judiciary has the power to hear a civil case where the persons that are parties are "diverse" in citizenship, which generally indicates that they are citizens of different states or non-U.S. citizens

Front 19

How is the Supreme Court’s appellate jurisdiction defined in Article III of the Constitution?

Back 19

extends to all federal cases "with such exceptions and under such regulations as the congress shall make" **** that comes to the supreme usually passes through one of the courts of appeals, but that **** can also come from the appeals court for the army or some state ****

Front 20

What option does a judge have if an individual or individuals deliberately disrupt a courtroom proceeding?

Back 20

they can charge those ******* with criminal contempt of court *****

Front 21

What are enumerated powers as opposed to implied powers of Congress? What constitutional provision has the Supreme Court utilized to create the implied powers?

Back 21

enumerated: mentioned specifically in constitution. implied= **** that falls under the necessary and proper clause. and duh. n and p c

Front 22

How are federal judges chosen, and what is the only way to remove a federal judge from office?

Back 22

Supreme Court justices and court of appeals and district judges are appointed to office by the President of the United States, with the approval of the U.S. Senate. impeachment is the only way to remove

Front 23

How are Texas judges chosen?

Back 23

With the exception of most municipal judges, all judges in the state of Texas are elected in partisan elections by the registered voters of the geographic areas they serve.

Front 24

What is legislative oversight?

Back 24

the congressional power to see to it the laws it passes are administered by the executive branch in the ways that congress intended when it passed them

Front 25

What is the power of judicial review and through what decision did the Supreme Court assume this power?

Back 25

the sc can declare **** unconstitutional. assumed in marbury vs madison

Front 26

The Supreme Court applies a process known as “strict scrutiny” to what types of cases?

Back 26

when they suspect a fundamental bor right is being violated or there is suspect race/national origin discrimination

Front 27

Standing

Back 27

the right to initiate a legal action or challenge based on the fact that one has suffered or is likely to suffer a real and substantial injury

Front 28

What is the difference between the Establishment Clause and the Free Exercise Clause? Which provision has been utilized by the Supreme Court to strike down prayer in the public school systems?

Back 28

est:Congress shall make no law respecting an establishment of religion FEC: or prohibiting the free exercise thereof" the est strikes down prayer in school

Front 29

What was the primary significance of the Supreme Court’s ruling in McCulloch v. Maryland (1819)?

Back 29

established right to exercise implied powers and prioritized legitimate federal exercise of this over legitimate state exercise.

Front 30

What is the burden of proof in a criminal case? What is it in a civil case?

Back 30

in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt.
In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence

Front 31

What is a statute of limitations?

Back 31

a law proscribing prosecutions for specific crimes after specified periods of time. or . a statutory law setting time limits for filing court actions involving contract and tort claims

Front 32

What are the four primary justifications for criminal punishment? What are some of the criticisms of each? What would be an example of each?

Back 32

retribution- jail
rehabilitation-drug treatment
incapacitation- chem castration
deterrence- any. the knowledge of punishment is said to deter in two ways. others see and dont want and lower recidivism

Front 33

What is the only criminal offense defined in the Constitution?

Back 33

treason

Front 34

What are the four levels of mens rea in the Model Penal Code? What are they in Texas? What would be an example illustrating each of these levels?

Back 34

negligently- left water on the floor and didnt notify students- student breaks ankle
recklessly- drives above speed limit in school zone
knowingly- fires gun into tight crowd at no one in particular. kills
purposely- fires at specific person and kills
texas same except intentionally instead of purposely

Front 35

What is the role of a crime victim in the criminal justice process?

Back 35

not much. they cant have charges brought or dropped. they can testify but thats pretty much it.

Front 36

What are ordinances?

Back 36

legislation enacted by municipal authority

Front 37

What is meant by the term strict liability offense?

Back 37

mens rea doesnt have to be proven-statuatory rape and speeding

Front 38

What is the actus reus of a criminal offense?

Back 38

the objective. the action aspect. so actus reus and mens rea means they did it and meant to do it

Front 39

What is an inchoate criminal offense?

Back 39

the act of preparing for or seeking a crime. like attempt

Front 40

What is the difference between so called excuse defenses and justification defenses? What are some examples of each type of defense?

Back 40

The "excuse" provides a mitigating factor for a group of persons sharing a common characteristic. Justification, as in justifiable homicide, vindicates or shows the justice.