Definitions

Question 1

Judicial review

Answer 1

Is the power of the Court to determine
whether actions of the other branches (i.e. legislation,
executive orders) are unconstitutional

Question 2

Majority opinion

Answer 2

The idea that the option preferred by the majority of voters should win

Question 3

Concurring or dissenting opinion

Answer 3

Concurring opinions agree with the judgment, but arrive at the judgment from different reasoning

Dissenting opinions disagree with the judgment of a case

Question 4

Federalism

Answer 4

System by which power is divided by states and
national government

Question 5

Principal-agent problem

Answer 5

This is a way of thinking about delegation
▶ One party is the principal who gives some task to an agent
▶ The agent has discretion over how to perform that task
▶ The principal and agent can potentially have misaligned
preferences
▶ When such problems arise, it may be hard to keep agents accountable to the principal

Question 6

Exclusionary rule

Answer 6

prohibits the use of illegally obtained
evidence in criminal trials

Question 7

Fruit of a poisonous tree

Answer 7

Nor can any derivative evidence from an illegal search be used in trial

Question 8

Crime control model v. due process model

Answer 8

Crime control model: main purpose of the criminal justice system is apprehension and punishment

Due process model: rights to liberty, privacy, and
self-determination are essential elements of a free society

Question 9

Objective reasonableness

Answer 9

of a use of force should be judged by the perspective of an officer on the scene, and should take into account factors such as the severity of the crime, the threat posed by the suspect, and any attempts by the suspect to resist or evade arrest

Question 10

Qualified immunity

Answer 10

protects government officials (like law enforcement officers) from personal liability in civil suits unless they violate a clearly established law

Question 11

Miranda warnings

Answer 11

must be given before custodial interrogation (usually like this): “You have the right to remain silent, anything you say can be used against you in court. You have the right to an attorney, if you cannot afford one, one will be provided for you.”

Question 12

Adversarial legal system

Answer 12

(like in the U.S.) there are two opposing sides of a criminal trial: prosecution and defense

Question 13

Burden of proof

Answer 13

is on the prosecution; they must show that
the defendant is guilty beyond reasonable doubt in criminal cases

Question 14

Public defender

Answer 14

are government employed attorneys who represent people accused of crimes and cannot afford to hire
their own lawyers