Exam 1: Introduction: Law and the Judicial Function

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Due process applies to anyone threatened by the state with loss of life, liberty, or property.

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Explain and contrast the consensus and conflict perspective. Which perspective do you most agree with and why?

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Hammurabi's Code governed relationships in society related to what?

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What are the two ways that judges can address a situation where they decide that precedent is no longer valid and should not be followed?

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Which of Packer's models favors the plea-bargaining process?

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Which of the following is not an important aspect of the crime control model?

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The view of human nature that sees human beings as basically exploitive and duplicitous creatures underlies what perspective of the law?

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Factual guilt and legal guilt are not the same.

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The conflict model sees society as an integrated network of institutions held together by a common set of values.

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Give your own brief definition of a "law" and describe some of the differences between civil law and common law.

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According to the due process model, fact-finding procedures should be all but which of the following?

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There are two important and unique roles the courts play in the criminal justice system. The first is adjudication of criminal offenses. What is the second?

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What are the two primary roles played by the courts in the criminal justice system? Which of the two roles do you believe is the most important?

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The U.S. court system has a simple set of rules and procedures.

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What is the principle establishing the value and authority of precedent?

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