Law and the Judicial Function
The latin term for "let the decision stand"
What is stare decisis
The legal governing document that preceded the Constitution and were seen as a failure because they did not provide for the establishment of a unified national government.
What are the Articles of Confederation?
A civil wrong.
What is a tort?
The term for when a court has the legal authority to hear a case
What is jurisdiction?
The union of mens rea and actus reus
What is concurrence?
This model of criminal justice uses the metaphor of an "assembly line" to explain the CJ process.
What is the crime control model?
This amendment bans searches and seizures, unless the police can show reasonable suspicion.
What is the 4th amendment?
The key distinction between larceny and robbery.
What is use or threat of force (robbery is violent, larceny is property)?
The result of the Court of Appeals Act of 1891
What is the "middle-layer" of the Federal court system, an additional layer of appeals courts to put more space between the courts of original jurisdiction from the Supreme Court
Civil punishments in excess of damages in order to serve as punishment.
What are punitive damages?
His philosophical work is the basis for conflict perspectives on law.
Who is Karl Marx?
This amendment was added during Reconstruction to protect freed persons from state violations of their freedom and due process.
What is the 14th amendment?
The two types of causation that must be established to impose criminal liability.
What is factual and legal?
The number of Supreme Court judges needed to agree to hear a case.
The civil law concerned with the temporary transfer of property, but not ownership.
What is bailment?
Judicial review was established in this early court case.
What is Marbury v. Madison?
The terminology for legislation that imposes punishment without trial (this is explicitly prohibited in the Constitution).
What are bills of attainder
The three types of inchoate crimes
What are solicitation, conspiracy, and attempt?
This is the first Court Chief Justice.
Who is John Jay?
The latin phrase for instances when the court makes passing statements that support a court decision but do not set the precedent themselves.
What is obiter dicta?
The three irreducible elements of the rule of law, according to Reichel.
1.) Nation must recognize the supremacy of fundamental values and principles. 2) These principles must be committed to writing 3.) A system of procedures must be in place that holds the government to these principles.
Exceptions to the 5th amendment's prohibition of double jeopardy.
What are hung juries, mistrials, nolles, cases that fall under the dual-sovereignty doctrine, relatedly continuing offenses across state lines.
The four levels of intent spelled out in the Model Penal Code.
What are purposeful, knowing, reckless, and negligent?
These judges are subordinates in district courts and their role includes signing off on warrants and preliminary hearings at the federal district level
Who are magistrate judges?
This set of cases, stemming from Louisiana during the Reconstruction resulted in a very narrow application of the 14th amendment.
What are the slaughterhouse cases?