CHAPTER 1: INTRODUCTION TO THE LEGAL SYSTEM OF

Copyright © 2015 Cengage Learning ®. All Rights Reserved. 1

PART I

CHAPTER 1: INTRODUCTION TO THE LEGAL SYSTEM OF

THE UNITED STATES

REVIEW QUESTIONS

• The executive branch is responsible for enforcing the laws of the land. This involves the

detection and investigation of alleged criminal law violations and the prosecution of those believed to have violated criminal prohibitions.

• A court of record employs some means of keeping a verbatim transcript of its

proceedings. It is common to use stenotype or an audio recording.

• The following three definitions of jurisdiction appear in the text.
• the authority of a governmental unit over a policy area, person, or thing

ii. the authority of a court to hear a case iii. the geographical location where a governmental unit resides A court of general jurisdiction has authority to hear a variety of cases, both civil and criminal. Most state trial courts have general jurisdiction. Courts with limited jurisdiction may hear only those cases with a specific subject matter.

• Criminal law seeks to punish those who violate criminal law. Civil law seeks to

compensate those injured by another. Criminal law uses punishment as a remedy, and civil law uses damages or other financial compensation. (Both, on occasion, use injunctive relief.)

• Anyone may file a civil suit. However, this is not true of criminal actions, in which case

initiation must be by a public official. The reason is because injuring another civilly is viewed as a private wrong, while injuring another in violation of criminal law is viewed as a public wrong. Of course, many actions can lead to both civil and criminal actions.

• Compensatory damages consist of the amount of money required to compensate a

victim for his or her actual loss. Punitive damages are the amounts exceeding actual damages. Although punitive damages appear criminal, they are often permitted in civil litigation.

• This question requires students to render their personal positions. However, the issue

that should be addressed is that punitive damages appear to have a criminal element in that they seek to punish, not compensate. You may want to discuss the possible due process question, to wit: If punitive damages are criminal in nature, why are defendants not permitted established criminal law protections (i.e., proof beyond a reasonable doubt)?

• Responsibility; accountability; guilt.

(Criminal Law and Procedure, 7e Daniel Hall) (Solution Manual all Chapters) 1 / 3

2 CHAPTER 1

Copyright © 2015 Cengage Learning ®. All Rights Reserved.PROBLEMS & CRITICAL THINKING EXERCISES

• This question is intended to test students’ understanding of federalism and, more

specifically, the way the Supremacy Clause operates in the United States’ federalist form of government. Obviously, the state statute fails. Roe v. Wade is a decision that is premised upon the Fourteenth Amendment of the United States Constitution; as such, states may not encroach upon this protected civil liberty.

• This question differs from the previous question in that students must choose between

state constitutional law and federal constitutional law. For the reasons stated in question 1, the state constitutional provision is invalid.

• This question is intended to test students’ understanding of federalism and, more

specifically, the Tenth Amendment. If the regulation of county roads is one exclusively within state jurisdiction, the United States Congress may not declare that it possesses jurisdiction over that subject. Accordingly, the defense would be lack of jurisdiction by the federal government.

• The paradox is true because in a state of anarchy (the absence of government), there

would be great instability and insecurity. Without government, people would be free to injure one another without fear of recourse, except for private retribution. In short, people would live in constant fear of one another. Government and government control have the effect of stabilizing a society. It is all of society gathering its combined force to prevent behavior deemed dangerous or improper. Each member of a society gives up a certain measure of freedom to behave as he or she may wish, but such freedom is given up in exchange for a safer, more predictable and stable society. Obviously, each society is different in what civil rights people relinquish to the government (which represents an increase in governmental power) and the rights people retain.

• Discussion question: In terms of conclusion, basic notions of federalism, as defined by

the Tenth Amendment, would support concurrent jurisdiction. Therefore, the United States should render Terry Ist for trial with the understanding that he is to return to federal custody to complete his sentence before serving his state time, if there is any. 2 / 3

Copyright © 2015 Cengage Learning ®. All Rights Reserved. 3

PART I

CHAPTER 2: INTRODUCTION TO CRIMINAL LAW

REVIEW QUESTIONS

• Civil liberties are individual, personal rights. The United States Constitution protects

many such rights, and students may list any two. The freedoms of speech and religion were specifically mentioned in the text.

• Common law is a body of unwritten law (in the sense that statutory law is written) that

develops from the custom and practices of a community, as recognized by judicial decision. Stare decisis (“Let the decision stand”) is a legal doctrine that recognizes judicial decisions by having later cases follow the law as set in earlier cases. The earlier case looked to for a legal conclusion is known as precedent. The common law would be no more than a set of inconsistent opinions if it were not for stare decisis.

• Each state has its own judicial system, a system that is free to interpret matters of state

law differently.

• “There is no crime if there is no law (statute).” The premise is important in criminal law

because the doctrine can work to prohibit the creation of crimes by courts, which was common under common law. Generally, the doctrine requires the existence of a statute to impose criminal liability. Additionally, the statute must be enacted prior to the time the criminal act occurred. This principle is enforced through the due process clauses of the Fifth and Fourteenth Amendments to the Constitution of the United States. (Many states have comparable provisions in their constitutions.)

• The principle of legality describes the information discussed in the response to the

previous question. It is a concept of due process requiring that a criminal prohibition be written, that it exist prior to the time an alleged criminal act occurred, and that such law be precise. The common law, when used as relevant to the creation of crimes, violates this principle because the declaration that the act is criminal does not occur until after the commission of the act. This appears to violate the due process clauses of the Fifth and Fourteenth Amendments, as no notice that the act could be punishable by law had been provided.

• Even in such jurisdictions, the common law is useful. First, in many cases, legislatures

simply adopt the common-law definition when codifying the elements of the crime. In those instances, the opinions of courts are very helpful in understanding the crime, as it is assumed that the legislature did not intend to alter the common law. Second, if a legislature does not set a penalty for violation of a criminal prohibition, the common- law penalty may be applied. Third, many procedures established under the common law continue to be valid.

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