Question 1

This refers to what a person or organization must have in order to survive and flourish within a system.

Accepted Answer

Systemic imperatives refer to the requirements or conditions necessary for an entity to survive and thrive within a particular system. These imperatives can include technological limitations, economic constraints, or cultural norms, among other factors. Without meeting these imperatives, a person or organization may not be able to effectively compete or operate within the system. Legal imperatives, on the other hand, refer specifically to legal requirements and obligations that must be met to avoid punishment or legal action. Negotiated order refers to the way in which social structures and relationships are created and maintained through ongoing negotiation and communication among members. Legal logic refers to the methods and principles used by the legal system to interpret and apply laws.

Question 2

These are imperatives set on the workers not by a single boss but by the legal system itself.

Accepted Answer

Systemic agency refers to the influence or control exerted by a system, such as the legal system, over individuals within it, including setting imperatives or rules that workers must follow.

Question 3

What are standards used to formulate the law?

Accepted Answer

Legal principles are fundamental norms, rules, or values that guide the creation and interpretation of laws.

Question 4

This is a framework in which the prosecutor and defense attorney have competing goals of conviction and exoneration.

Accepted Answer

The adversarial system is a legal framework in which two opposing sides, the prosecutor and defense attorney, compete to prove their respective cases. The prosecutor's goal is to secure a conviction, while the defense attorney's goal is to secure exoneration for their client. This system is the foundation of the American criminal justice system.

Question 5

This is a principle that mandates that the courts enforce only positive laws, that the laws apply equally to all members of the society, and that the laws adhere to corollary principles.

Accepted Answer

The principle described in the question is the principle of legality, which states that courts should only enforce positive laws and that the laws should apply equally to all members of society. This principle also requires that laws adhere to corollary principles such as clarity, predictability, and non-retroactivity.

Question 6

In the process of upholding the rule of law, lawyers and judges are constrained and directed by which additional principle?

Accepted Answer

All of the above principles are crucial in upholding the rule of law. Judicial independence ensures that judges are free from external influence and can make impartial decisions. Jurisdiction determines which court has the authority to preside over a case. Justiciability determines whether a case can be heard by a court and if it falls within the scope of judicial review. All of these principles work together to ensure that the rule of law is upheld in a fair and just manner.

Question 7

This condition occurs when the facts of a case allow the courts to hear a case and make a useful decision.

Accepted Answer

A case is considered ripe when the facts of the case are developed enough to allow the courts to make a useful decision. In other words, there must be an actual controversy between two parties that requires a court's resolution. This is different from a moot case, which involves a controversy that is no longer live and therefore cannot be resolved by a court. Cues refer to signals or prompts that elicit specific behaviors, while discretion refers to the authority or ability to make decisions based on one's own judgement or choice.

Question 8

This is another term for the particular court that hears a case.

Accepted Answer

The term for the particular court that hears a case is called the venue.

Question 9

This involves examining the facts of a case in light of the principles, laws, and rules, identifying the most relevant legal facts, and then building the case.

Accepted Answer

Legal reasoning involves examining the facts of a case in light of the principles, laws, and rules, identifying the most relevant legal facts, and then building the case.

Question 10

This is another term for issue, rule, analysis, and conclusion, a common model of legal reasoning that encourages attorneys and judges to analyze cases in terms of legally relevant facts and laws.

Accepted Answer

The IRAC method (Issue, Rule, Analysis, Conclusion) is a common model of legal reasoning that encourages attorneys and judges to analyze cases in terms of legally relevant facts and laws. The other choices are not commonly used terms in legal reasoning.

Question 11

This is the principle that a trial court is bound by appellate court decisions.

Accepted Answer

Stare decisis, which means "let the decision stand," is the principle that a trial court is bound by appellate court decisions. This means that lower courts must follow the legal precedents established by higher courts in their jurisdiction.

Question 12

Which statement is not related to the legal principle of presumption of innocence and reasonable doubt?

Accepted Answer

The answer of Which statement is not related to the...

Question 13

Which statement is related to the legal principle of no cruel and unusual punishment?

Accepted Answer

The legal principle of no cruel and unusual punishment prohibits the use of torture or mutilation as a form of punishment for convicted individuals.

Question 14

On what legal principle is the procedure of allowing the public to attend hearings and trials based?

Accepted Answer

The principle of a public trial or jury trial is based on the idea that justice should be done in a transparent manner, allowing the public to attend hearings and trials to ensure fairness and accountability in the legal process.

Question 15

The process of learning a group's norms and habits is called _____.

Accepted Answer

The process of learning a group's norms and habits is referred to as socialization.

Question 16

The formal court system has five important components. Which is not one of these?

Accepted Answer

The formal court system has five important components: specialized units, indigent defense system, management style, court personnel, and physical facilities. The number of jail cells is not one of these components as it refers to the correctional system rather than the court system.

Question 17

What is it called when a single attorney handles a case from the initial screening all the way to dismissal, acquittal, or sentencing?

Accepted Answer

This is known as vertical prosecution, where a single attorney handles the case from start to finish. This allows for a consistent and cohesive approach to the case, as well as a deeper understanding of the facts and evidence.

Question 18

This term describes when a case is handled by a different attorney at each stage.

Accepted Answer

The answer of This term describes when a case is...

Question 19

Which is an attribute that influences how lawyers and judges handle a case?

Accepted Answer

All of these factors can influence how lawyers and judges handle a case. The legal merits of a case will likely determine the outcome, but the sociological aspects of a case (such as the race, gender, or socioeconomic status of the parties) can also affect how lawyers argue and judges decide. Whether a case is typical or unusual may also influence how lawyers handle it, as may other factors like the reputation of the judge or the strength of the opposing counsel.

Question 20

Which is not a type of indigent defense system?

Accepted Answer

Contract attorneys, assigned counsel, and public defender's offices are all examples of indigent defense systems that are commonly used. However, volunteer law students are not typically utilized as a formal indigent defense system. While some law schools may offer clinics or pro bono programs to assist indigent clients, this is not a dedicated or consistent system for providing legal representation to those who cannot afford it.

Quiz 5: The Reality of Legal Action: Principles, Organizations, and Public Pressure