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Con law Exam With Complete Solutions
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Con law Exam With Complete SolutionsThe definition of law - Answer is a body of rules of conduct of binding legal force and
effect, prescribed, recognized, and enforced by controlling authority.
Consensus Theory - Answer The consensus theory focuses on the social order being
sustained by the shared norms, values, and beliefs of the people. Society maintains the
status quo for its members. Also, if an individual goes against what is accepted and
shared by the majority of individuals in society, he/she is considered as deviant.
Consensus theory gives credence to culture as a way of maintaining the consensus of
society. Consensus emphasizes the inter-relationship of the values of a group of people.
The consensus theory has little focus on social change as the consensus theorists focus
more on maintaining the society as it is through agreement. Social change is not
completely out of the question. On the contrary, the consensus theorists believe social
change must happen within the boundaries of consensus.
Conflict Theory - Answer The conflict theory pays attention to the various conflict forms
of inequality that take place in society such as those that are economical, political, and
educational in nature. Conflict theory does not believe in shared norms and values or
consensus of people. Conflict theorists acknowledge the importance of the struggle
between classes and the clashes of the haves and have-nots as a means of achieving
power.
stare decisis - Answer means let the decision stand. This policy requires the Courts to
abide by and adhere to the decisions of previous cases or cases of precedent.
the articles of confederation formally pledged the states to - Answer They formally
pledged the states to "a firm league of friendship," and "a perpetual union" created for
"their common defense, the security of their liberties" and their "mutual and general
welfare."
when the articles of confederation were drafted the number of independent states in the
union was - Answer 13
,membership in which of the following is based on state populations - Answer the house
of represenatives
the two main functions of the courts are to - Answer settle controversies and decide the
rules of the law that apply in the case
the U.S. supreme court's chief function is as an appellate court - Answer true
regardless of the level of jurisdiction a statutory law may not violate the constitution -
Answer true
the standard of proof in a civil case is - Answer a preponderance of the evidence
- Answer
judicial review refers to - Answer the power of the Supreme Court to analyze the
constitutionality of decisions of other government entities and lower courts
The second paragraph of the Declaration of Independence stated that a government's
right to rule is based upon: - Answer permission from the people who are governed.
The following statements are true about both torts and crimes, except: - Answer Both are
subject to the same standard of proof in court.
A paradigm is a boundary or parameter that outlines a rule is based on experience. -
Answer false
A significant influence on the development of the American legal system was the system
of common law that evolved in England during the Middle Ages. - Answer true
, When a court decision would have no practical effect, a case is apt to be dismissed for: -
Answer mootness
Which of the following is not within the power of the Supreme Court? - Answer It can
issue proactive opinions to address and avoid future controversies.
The framers of the Constitution were very specific as to how the Supreme Court was to
be organized. - Answer false
affirmative action programs created to spread equal oppurtunity throughout the diverse
american population - Answer true
due process of law means - Answer fairness of gov. actions
the case that dred scott v. sandford held - Answer freed slaves did not have the right to
remain in free terotory where slavery was still illegal
Among other things, the Fourteenth Amendment: - Answer permitted blacks to be
citizens of the United States.
after the plessy decision the concept of seperate but equal became entrinched in the
southern states through the entactment - Answer jim crow laws
Full due process rights are afforded to inmates in prison disciplinary proceedings. -
Answer false
Which of the following holds that only the provisions of the Bill of Rights that are
fundamental to the American legal system are applied to the states through the due
process clause of the Fourteenth Amendment? - Answer The incorporation doctrine
Even after Lincoln issued the Emancipation Proclamation, slavery remained entrenched
in the states. - Answer true
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