Exam 1: Introduction: Law and the Judicial Function

Compare and contrast the due process model and crime control model of criminal justice. Which one do you find most beneficial for the criminal justice system? Which do you believe we currently use in the criminal justice system.

What are precedent and stare decisis? How do they work together? Which do you think is the most important?

According to the rule of law, the fundamental values of a nation must be committed to writing.

Who is often referred to as the "father of common law?"

Briefly explain the two important and unique roles the courts play in the criminal justice system.

Marx and Engels reference the idea of false consciousness to discuss exploitation.

The assembly line is a metaphor for the due process model.

The crime control model is most concerned with ensuring the rights of defendants.

The due process and crime control models have zero tolerance for mistakes.

Court decisions that establish precedent are known as ratio decidendi.

Equity principles are used heavily in what types of law?

What are the three irreducible elements of the rule of law according to Reichel? Which do you believe is the most important and why?

Packer's crime control model focuses on which of the following?

Discuss the role of ratio decidendi and obiter dicta in establishing legal principle.

What case gave the Supreme Court the power to examine a law and determine whether it is constitutional?

How do the due process model and crime control model differ in terms of their goals? Which goal do you most agree with and why?

What term means "let the decision stand?"

Which of the following best describes how judges "make law?"

Packer's due process model focuses on which of the following?

Explain the concept of judicial review. Why is judicial review important?