Week 9- The Courts System, Court Cases, and Sources of rights

1. Case Holding in Duncan v. Louisiana - A crime punishable by two years in prison, although classified under Louisiana law as a misdemeanor, is a serious crime, and therefore the defendant is entitled to a jury trial.

True

False

The case holding in Duncan v. Louisiana established that a crime punishable by two years in prison, even if classified as a misdemeanor under Louisiana law, is still considered a serious crime. As a result, the defendant is entitled to a jury trial. This decision ensures that individuals facing potential imprisonment have the right to a fair trial, including the opportunity to have their case heard by a jury of their peers.

Explanation

The case holding in Duncan v. Louisiana established that a crime punishable by two years in prison, even if classified as a misdemeanor under Louisiana law, is still considered a serious crime. As a result, the defendant is entitled to a jury trial. This decision ensures that individuals facing potential imprisonment have the right to a fair trial, including the opportunity to have their case heard by a jury of their peers.

2. Duncan v. Louisiana is an example of how the U.S. Supreme Court incorporates a right.

True

False

Duncan v. Louisiana is a landmark case that exemplifies how the U.S. Supreme Court incorporates a right. In this case, the Court held that the Sixth Amendment's guarantee of a jury trial in criminal cases is applicable to the states through the Due Process Clause of the Fourteenth Amendment. This decision established the principle of selective incorporation, whereby certain provisions of the Bill of Rights are made applicable to the states. Therefore, the statement that Duncan v. Louisiana is an example of how the U.S. Supreme Court incorporates a right is true.

Explanation

Duncan v. Louisiana is a landmark case that exemplifies how the U.S. Supreme Court incorporates a right. In this case, the Court held that the Sixth Amendment's guarantee of a jury trial in criminal cases is applicable to the states through the Due Process Clause of the Fourteenth Amendment. This decision established the principle of selective incorporation, whereby certain provisions of the Bill of Rights are made applicable to the states. Therefore, the statement that Duncan v. Louisiana is an example of how the U.S. Supreme Court incorporates a right is true.

3.

Constitutions: Federal and State

Statutory Laws

Case Law

Court Rules

The answer lists the four sources of rights: Constitutions (both Federal and State), Statutory Laws, Case Law, and Court Rules. Constitutions provide the fundamental framework for laws and rights at both the federal and state levels. Statutory laws are laws passed by legislatures, which further define and regulate rights. Case law refers to legal decisions made by courts, which establish legal precedent and interpretation of rights. Court rules are procedural guidelines set by courts to govern the conduct of legal proceedings. Together, these four sources form the basis of rights and legal principles in a legal system.

Explanation

The answer lists the four sources of rights: Constitutions (both Federal and State), Statutory Laws, Case Law, and Court Rules. Constitutions provide the fundamental framework for laws and rights at both the federal and state levels. Statutory laws are laws passed by legislatures, which further define and regulate rights. Case law refers to legal decisions made by courts, which establish legal precedent and interpretation of rights. Court rules are procedural guidelines set by courts to govern the conduct of legal proceedings. Together, these four sources form the basis of rights and legal principles in a legal system.

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4. The United States has a ______________________, meaning that there is one system for Federal cases and another for state cases. The Dual court system refers to the fact that the United States has a federal court system and separate state court systems.

Uni Court System

Dual Court System

Tri Court System

Quad Court System

The correct answer is Dual Court System. This refers to the fact that the United States has both a federal court system and separate state court systems. This means that there are two parallel systems for handling cases, one at the federal level and the other at the state level.

Explanation

The correct answer is Dual Court System. This refers to the fact that the United States has both a federal court system and separate state court systems. This means that there are two parallel systems for handling cases, one at the federal level and the other at the state level.

5. ______________ states that no one shall be "deprived of life, liberty, or property without due process of law.

First amendment

Second amendment

U.S. Constitution

Due Process

Due process is a legal principle that ensures fair treatment and protection of individuals' rights. It is stated in the U.S. Constitution that no one shall be deprived of life, liberty, or property without due process of law. This means that before the government can take away someone's life, freedom, or belongings, they must follow the proper legal procedures and provide a fair hearing. Due process guarantees that individuals have the right to be heard, present evidence, and defend themselves before any deprivation occurs. It is a fundamental right that promotes justice and protects against arbitrary actions by the government.

Explanation

Due process is a legal principle that ensures fair treatment and protection of individuals' rights. It is stated in the U.S. Constitution that no one shall be deprived of life, liberty, or property without due process of law. This means that before the government can take away someone's life, freedom, or belongings, they must follow the proper legal procedures and provide a fair hearing. Due process guarantees that individuals have the right to be heard, present evidence, and defend themselves before any deprivation occurs. It is a fundamental right that promotes justice and protects against arbitrary actions by the government.

6. Match the following

an order by the appellate court which is used when the court has discretion on wheter or not to hear and appeal.

that at least four justices ust agree for the court to consider a case on its merits

Latin meaning "by the full court" "in the bench" or 'full bench."

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7. Match the following

is Latin for "To stand by decided cases"

Meaning that decisions of courts have value as precedent for future similar cases.

Interpretation of a state statute or municipal ordinance wil be respected as authoritative even by the U.S. Supreme court

Decisions on questions of federal law and the Constitution are binding on all U.S. courts because the whole country is under its jurisdiction.

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8. Branches of the Government

The branch consists of the president, vice president and Cabinet-level departments. A crucial function of the executiv branch is to ensure that laws are carried out.

The branch consists of the Senate and the House of Representatives, collectively known as Congress. The legislative branch is charged with passsing the nation's laws.

The branch consists of the United States Supreme Court and lower federal courts. Its primary function is to hear cases that challenge legislation or require interpretation of that legislation.

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9. Match the following

Courts that hear criminal and civil cases that involve constitutional and federal law, policies and special subject matter, These courts are bound by US Statutes and Constitution.

The courts reserve the power to hear civil and criminal cases related to state laws and state constitutional issues. These Courts are bound by their own statutes and constitution, US statutes and Constitution, rullings and precedent from higher courts within the state, and federal court rullings.

holds that the federal government and the states are separately sovereign. So thaey may prosecte offenders separately for crimes committed within their jurisdictions. Multiple prosecutions may be characterized as vertical or horizontal. Vertical prosecutions take place when a crime is prosecuted in both federal and state courts. Horizontal prosecutions happen when a crime is prosecuted in two states here elements of the crime took place and when the act is punished by the laws of those states.

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10. Match the following

Where the reviewing court basically agrees with the result of the lower court's rullings

Where the reviewing court basically disagrees with the result of the lower court's ruling and overturns their decision.

Where the reviewing court sends the case back to the lower court.

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11. Match the following

Freedom of religion, speech, press, assembly, and petition the government for redress of grievances.

Provides protections against unreasonable search, and seizure.

Provides protection against self-incriminationand protect against double jeopardy. Prohibits the taking of life, liberty, or property without due process of law. Right to Grand Jury indictment for capital or serious crime.

Provides right to counsel, right to a speedy trial, right to a public trial, right to an impartial jury, right to confront witnesses, right to the assistance of counsel and right to be informed of the nature and cause of the accusation.

Provides protection against excessive bail and prohibition against cruel and unusual punishment.

Provides the right to due process and the right to equal protection.

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12. Match the following

refers to the power of a court to try a case. A court's juisdiction is determined by the law that created the court and defined its powers.

is the place where a case is tried

is the general term for the process by which courts with appellate jurisdiction take jurisdiction of matters decided by lower courts.

is a court that hears cases on appeal from another court

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Week 9- The Courts System, Court Cases, And Sources Of Rights