Exam 2: Organization of the Criminal Justice System
Courts-martial may try all offenses committed by military service persons in violation of the _____________________________.
Uniform Code of Military Justice
Why is it necessary for courts to interpret statutes? What principles do courts follow in statutory interpretation?
Courts interpret statutes because laws are often written in broad or ambiguous language, leaving room for interpretation. Statutory interpretation is necessary to ensure that the law is applied consistently and fairly in different cases. It also helps to clarify the intent of the legislature and ensure that the law remains relevant and effective in addressing current issues.
When interpreting statutes, courts follow several principles to guide their decision-making. These principles include:
1. The plain meaning rule: Courts start by looking at the plain and ordinary meaning of the words in the statute. If the language is clear and unambiguous, the court will apply the statute as written.
2. Legislative intent: If the plain meaning of the statute is unclear or leads to absurd results, courts will look to the legislative intent behind the law. This may involve examining the legislative history, committee reports, and other sources to understand the purpose and goals of the statute.
3. Statutory purpose: Courts will also consider the broader purpose of the statute and the problem it was intended to address. This helps to ensure that the law is applied in a way that advances its underlying goals.
4. Context and structure: Courts will consider the statute in the context of related laws and the overall structure of the legal system. This can help to clarify the meaning of specific provisions and ensure consistency with other laws.
5. Public policy: In some cases, courts may consider public policy considerations when interpreting statutes. This can involve balancing competing interests and ensuring that the law promotes fairness and justice.
Overall, statutory interpretation is a crucial function of the judicial system, helping to ensure that laws are applied in a manner that is consistent with the intent of the legislature and serves the interests of justice.
The United States ___________ Courts are the major trial courts in the federal judiciary.
D
Defense attorneys perform all of the following functions except __________________.
Federal statutes are published in the ________________, an annual publication dating from 1789 in which federal statutes are arranged in order of their adoption.
The U.S.Supreme Court has jurisdiction to review, either on appeal or by writ of ___________, the decisions of the lower federal courts and many of the decisions of the highest state courts.
Under our system of federalism, the national government and each of the fifty states operates its own system of criminal justice.
Explain the different functions that a defense attorney serves in the criminal justice system.
Appellate courts correct errors made at the trial level and, where it becomes necessary, fill in the gaps of the statutory law by exercising a lawmaking function.
Explain the scope of Congress's legislative power under the Commerce Clause of the Constitution.
The _________ justice system includes specialized courts, law enforcement agencies, social services agencies, and corrections facilities that deal with delinquency as well as child neglect and abuse.
The Supreme Court has jurisdiction to review, either on appeal or by writ of _________ all the decisions of the lower federal courts and many decisions of the highest state courts.
Congress's legislative power may be divided into two broad categories: enumerated and _______ powers.
In determining the meaning of the statutory term "_________," a court would ordinarily look to the common law, which defined the term to mean "an enclosed space surrounding a dwelling."
Which basic constitutional principle is involved in this case?
The _______________ is the oldest unit of federal law enforcement, dating back to 1790.
Congress might have the power to enact a similar law using its:
What is the role of a grand jury? How does it contrast with the functions that a petit jury performs?
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