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.
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