Judicial

Question 1

What is Common Law System?

Answer 1

• Developed in England

- A system of Law judges made laws in absence of written law, those decisions served as precedent

Question 2

What is precedent?

Answer 2

• A legal decision or case that serves:
• -> As a guide or pattern for future similar cases.
• -> Authoritative rule or pattern in future cases

Question 3

What are 3 characteristics of the U.S. legal system?

Answer 3

1. Adversarial Legal System
   - -> 2 adversaries making a cases and 1 prevails
2. Relatively short legal codes
3. Stare Decisis
   - ->Is a doctrine for

Question 4

What is Stare Decisis?

Answer 4

• Legal reasoning developed by judges to make legal decisions with out clear laws
• Law Def. is courts will adhere to decided cases

Question 5

What is the purpose of Stare Decisis?

Answer 5

-To create certainty, predictability, and stability in the legal system

Question 6

What are 3 options of a Supreme Court Judge when faced with a case?

Answer 6

1. Precedent
2. Over turn Precedent
3. Selectively applying Precedent
   - –>Decide a case that supports the judges philosophy

Question 7

What is Court Opinion?

Answer 7

• Document listing reasons why the judges decided the case they way they did.
• Lists constitutional issues, and Stare Decisis

Question 8

What are Civil Liberties?

Answer 8

-Individual rights that all citizen and residents have that protect them form the power of the government

Question 9

How are Civil Liberties and Civil Rights different?

Answer 9

-Civil Rights is a groups treated equally under the law and civil liberities is directed toward the individual

Question 10

Where are the Civil Liberties of the people written?

Answer 10

-Bill of Rights

Question 11

What amendments in the Bill of Rights compromise civil liberties?

Answer 11

-1st, 4th, 5th, 6th, 8th, & 14th

Question 12

What do each civil liberties amendment establish ?

Answer 12

• 1st: Creation of separation of church and state & freedoms of speech, religion, assembly, and press
• 4th: Prohibits unreasonable searches and seizures
• 5th: Due process of law before the government can take away life, liberty, and property
• 6th: Right of a speedy trail by peers
• 8th: Right to be free of unusual punishments and excessive bails
• 14th: Repeats the due process of law rights

Question 13

What are Expos Facto’s Laws?

Answer 13

-Prevents the government from having retro-active laws or laws that are written after the fact

Question 14

What is Habeus Corpus?

Answer 14

-Government cannot unlawfully detain a citizen

Question 15

What is the purpose of Expo’s Facto’s Law?

Answer 15

• Is for government not to have power to create laws to target individuals
  i. e. a revolution

Question 16

What is the purpose of Habeus Corpus Law?

Answer 16

-So citizens know what laws they are accused of having been broken in order for the person to defend themselves

Question 17

What is due process?

Answer 17

-Is the government legal steps have to take before having an individuals rights of “life, liberty, and property “ deprived

Question 18

What are the purposes of the 5th and 6th amendment?

Answer 18

• To prevent Expos Facto law

- Habeaus laws required

Question 19

Why are not all the Bill of Rights in the Civil Liberties?

Answer 19

• Some of the amendments are not relevant in todays society

- For example the 2nd Amendment with “Right to Bear Arms” since there is police force and not living an agrarian society

Question 20

What is the establishment clause?

Answer 20

-Part of the 1st amendment that prevents government from having religion

Question 21

What is eminent domain?

Answer 21

-Govt. doc. that allows govt. to seize public or private property for use.

Question 22

What is common law?

Answer 22

-Inherited law form Eng. that has judges make decisions from past cases

Question 23

What amendments prevent property from being seized?

Answer 23

• 4th :Consent from a judge

- 5ht: Before govt. can take land must go through legal steps

Question 24

What are a few issues of with civil liberities?

Answer 24

• 6th with CA does not have a speedy trial
• The courts get to define what constitutes a speedy trial, cruel and unusual punishment
• 8th amendment changes over time

Question 25

What is Furman vs. Georgia?

Answer 25

-All executions are cruel and unusual punishment and prevent all executions

Question 26

What is Gregg vs. George?

Answer 26

-If a murder was grizzly states have the right execution

Question 27

What is the case McCleskey vs Kemp?

Answer 27

-Execution violated grounds of equal protection, hispanics and blacks are subjected to death penalty more