2
SCCJA Special Basic Study Guide questions with precise || || || || || || || ||
detailed answers ||
Historical Events occurring between 1776 and 1791 that lead to decisions that lead to the
|| || || || || || || || || || || || || || ||
ratification of the Constitution and the Bill of Rights - ✔✔Colonists declared independence
|| || || || || || || || || || || || ||
from England, in order to create a central government without the ability to become a
|| || || || || || || || || || || || || || ||
tyranny. Strong versus Decentralized form of government battle where the Bill of Rights
|| || || || || || || || || || || || ||
came in. ||
First Amendment - ✔✔Congress shall make no law respecting an establishment of religion,
|| || || || || || || || || || || || ||
or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press;
|| || || || || || || || || || || || || || || ||
or the right of the people peaceably to assemble, and to petition the government for a
|| || || || || || || || || || || || || || || ||
redress of grievances. || ||
4th Amendment - ✔✔The right of people to be secure in their persons, houses, papers, and
|| || || || || || || || || || || || || || || ||
effects, against unreasonable searches and seizures, shall not be violated, and no warrants
|| || || || || || || || || || || || ||
shall issue, but upon probable cause, supported by oath or affirmation, and particularly
|| || || || || || || || || || || || ||
describing the place to be searched, and the persons or things to be searched.
|| || || || || || || || || || || || ||
6th Amendment - ✔✔In all criminal prosecutions, the accused shall enjoy the right to a
|| || || || || || || || || || || || || || ||
speedy and public trial, by an impartial jury of the state and district wherein the crime shall
|| || || || || || || || || || || || || || || || ||
have been committed, which district shall have been previously ascertained by law, and to
|| || || || || || || || || || || || || ||
be informed of the nature and cause of the accusation; to be confronted with the witnesses
|| || || || || || || || || || || || || || || ||
against him; to have compulsory process for obtaining witnesses in his favor, and to have
|| || || || || || || || || || || || || || ||
the assistance of counsel for his defense.
|| || || || || ||
14th Amendment - ✔✔All persons born or naturalized in the United States and subject to
|| || || || || || || || || || || || || || ||
the jurisdiction thereof, are citizens of the United States and of the State wherein they
|| || || || || || || || || || || || || || ||
reside. No State shall make or enforce any law which shall abridge the privileges or
|| || || || || || || || || || || || || || ||
immunities of citizens of the United States; nor shall any State deprive any person of life,
|| || || || || || || || || || || || || || || ||
liberty, or property, without due process of law; nor deny to any person within its
|| || || || || || || || || || || || || || ||
jurisdiction the equal protection of the laws. This is the Due Process amendment
|| || || || || || || || || || || ||
,2
What is the separation of powers concept - ✔✔concept that the division of government
|| || || || || || || || || || || || || ||
responsibilities among the various branches- Legislative (writes-makes the laws), Executive || || || || || || || || || ||
(Enforces the law), Judicial (Interprets the law) || || || || || ||
What branch of government does law enforcement belong to - ✔✔Executive Branch
|| || || || || || || || || || || ||
(Enforce the law) || ||
What are Peels Principles of Modern Law Enforcement - ✔✔Principles that are relevant for
|| || || || || || || || || || || || || ||
law enforcement to follow today. The big one- The ability of the police to perform their
|| || || || || || || || || || || || || || || ||
duties is dependent on public approval. Otherwise some others include remaining
|| || || || || || || || || || ||
impartial, only use physical force to the extent necessary, prevent crime is the basic mission
|| || || || || || || || || || || || || ||
Recognize the importance of the South Carolina State constitution - ✔✔Identical concepts
|| || || || || || || || || || || ||
to the US Constitution however two differences: In addition to the protections in the 4th
|| || || || || || || || || || || || || || ||
amendment, and individual is also protected against unreasonable invasions of privacy and
|| || || || || || || || || || || ||
in regards to the particularity requirement, the information sought pursuant to a warrant be
|| || || || || || || || || || || || ||
stated significantly
|| ||
Function and organization of the US Supreme Court - ✔✔The SCOTUS is the court of last
|| || || || || || || || || || || || || || || ||
resort. There are 9 members of the court with a Chief Justice.
|| || || || || || || || || || ||
What is "case law" - ✔✔Written decision of appellate courts deciding actual cases-- also
|| || || || || || || || || || || || || ||
known as precedent or common law
|| || || || ||
What are elements of an offense - ✔✔elements, or key points that the state must prove for
|| || || || || || || || || || || || || || || || ||
every offense in order to obtain a conviction.
|| || || || || || ||
Structure of the US Court System - ✔✔From Bottom to Top: U.S. District Courts, US Court
|| || || || || || || || || || || || || || || ||
of Appeals, SCOTUS
|| ||
, 2
Structure of the South Carolina Court system - ✔✔Bottom to Top: Summary Courts
|| || || || || || || || || || || || ||
(Magistrate, Municipal, Probate Courts), Circuit Court (Common pleas- CIVIL and General
|| || || || || || || || || || ||
Sessions- CRIMINAL), Court of Appeals. || || || || ||
Also within are Family Court and Master-in-Equity court
|| || || || || || ||
How can a state case be reviewed in Federal Court - ✔✔Cases may be appealed to the US
|| || || || || || || || || || || || || || || || || ||
Supreme Court by petitioning for a Writ of Certiorari. This is the ONLY way. Has to deal
|| || || || || || || || || || || || || || || || ||
with a US constitution issue.
|| || || ||
What are the origins of criminal law - ✔✔Comes from Sumeria in modern day Iraq
|| || || || || || || || || || || || || ||
Where does common law come from - ✔✔Court Decisions
|| || || || || || || ||
Where does statutory law come from? - ✔✔Legislatively created laws
|| || || || || || || || ||
What are the accused rights in the criminal trial - ✔✔Right to a speedy trial, a jury trial, in
|| || || || || || || || || || || || || || || || || || ||
the county where the crime was committed, and to be confronted by witnesses against him.
|| || || || || || || || || || || || || || ||
Also entitled to counsel for the defense, privilege against self incrimination, and a
|| || || || || || || || || || || || ||
compulsory process for obtaining witnesses in his behalf || || || || || || ||
What is the burden of proof? - ✔✔A party's duty to prove a disputed assertion or charge.
|| || || || || || || || || || || || || || || || ||
Burden of proving is solely on the state. When trying someone for a crime to convict them
|| || || || || || || || || || || || || || || || ||
we need "beyond a reasonable doubt"
|| || || || ||
What is reasonable doubt - ✔✔Doubt that prevents one from being convinced of defendants
|| || || || || || || || || || || || ||
guilt-- belief there is a real possibility that a defendant is not guilty
|| || || || || || || || || || || || ||
SCCJA Special Basic Study Guide questions with precise || || || || || || || ||
detailed answers ||
Historical Events occurring between 1776 and 1791 that lead to decisions that lead to the
|| || || || || || || || || || || || || || ||
ratification of the Constitution and the Bill of Rights - ✔✔Colonists declared independence
|| || || || || || || || || || || || ||
from England, in order to create a central government without the ability to become a
|| || || || || || || || || || || || || || ||
tyranny. Strong versus Decentralized form of government battle where the Bill of Rights
|| || || || || || || || || || || || ||
came in. ||
First Amendment - ✔✔Congress shall make no law respecting an establishment of religion,
|| || || || || || || || || || || || ||
or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press;
|| || || || || || || || || || || || || || || ||
or the right of the people peaceably to assemble, and to petition the government for a
|| || || || || || || || || || || || || || || ||
redress of grievances. || ||
4th Amendment - ✔✔The right of people to be secure in their persons, houses, papers, and
|| || || || || || || || || || || || || || || ||
effects, against unreasonable searches and seizures, shall not be violated, and no warrants
|| || || || || || || || || || || || ||
shall issue, but upon probable cause, supported by oath or affirmation, and particularly
|| || || || || || || || || || || || ||
describing the place to be searched, and the persons or things to be searched.
|| || || || || || || || || || || || ||
6th Amendment - ✔✔In all criminal prosecutions, the accused shall enjoy the right to a
|| || || || || || || || || || || || || || ||
speedy and public trial, by an impartial jury of the state and district wherein the crime shall
|| || || || || || || || || || || || || || || || ||
have been committed, which district shall have been previously ascertained by law, and to
|| || || || || || || || || || || || || ||
be informed of the nature and cause of the accusation; to be confronted with the witnesses
|| || || || || || || || || || || || || || || ||
against him; to have compulsory process for obtaining witnesses in his favor, and to have
|| || || || || || || || || || || || || || ||
the assistance of counsel for his defense.
|| || || || || ||
14th Amendment - ✔✔All persons born or naturalized in the United States and subject to
|| || || || || || || || || || || || || || ||
the jurisdiction thereof, are citizens of the United States and of the State wherein they
|| || || || || || || || || || || || || || ||
reside. No State shall make or enforce any law which shall abridge the privileges or
|| || || || || || || || || || || || || || ||
immunities of citizens of the United States; nor shall any State deprive any person of life,
|| || || || || || || || || || || || || || || ||
liberty, or property, without due process of law; nor deny to any person within its
|| || || || || || || || || || || || || || ||
jurisdiction the equal protection of the laws. This is the Due Process amendment
|| || || || || || || || || || || ||
,2
What is the separation of powers concept - ✔✔concept that the division of government
|| || || || || || || || || || || || || ||
responsibilities among the various branches- Legislative (writes-makes the laws), Executive || || || || || || || || || ||
(Enforces the law), Judicial (Interprets the law) || || || || || ||
What branch of government does law enforcement belong to - ✔✔Executive Branch
|| || || || || || || || || || || ||
(Enforce the law) || ||
What are Peels Principles of Modern Law Enforcement - ✔✔Principles that are relevant for
|| || || || || || || || || || || || || ||
law enforcement to follow today. The big one- The ability of the police to perform their
|| || || || || || || || || || || || || || || ||
duties is dependent on public approval. Otherwise some others include remaining
|| || || || || || || || || || ||
impartial, only use physical force to the extent necessary, prevent crime is the basic mission
|| || || || || || || || || || || || || ||
Recognize the importance of the South Carolina State constitution - ✔✔Identical concepts
|| || || || || || || || || || || ||
to the US Constitution however two differences: In addition to the protections in the 4th
|| || || || || || || || || || || || || || ||
amendment, and individual is also protected against unreasonable invasions of privacy and
|| || || || || || || || || || || ||
in regards to the particularity requirement, the information sought pursuant to a warrant be
|| || || || || || || || || || || || ||
stated significantly
|| ||
Function and organization of the US Supreme Court - ✔✔The SCOTUS is the court of last
|| || || || || || || || || || || || || || || ||
resort. There are 9 members of the court with a Chief Justice.
|| || || || || || || || || || ||
What is "case law" - ✔✔Written decision of appellate courts deciding actual cases-- also
|| || || || || || || || || || || || || ||
known as precedent or common law
|| || || || ||
What are elements of an offense - ✔✔elements, or key points that the state must prove for
|| || || || || || || || || || || || || || || || ||
every offense in order to obtain a conviction.
|| || || || || || ||
Structure of the US Court System - ✔✔From Bottom to Top: U.S. District Courts, US Court
|| || || || || || || || || || || || || || || ||
of Appeals, SCOTUS
|| ||
, 2
Structure of the South Carolina Court system - ✔✔Bottom to Top: Summary Courts
|| || || || || || || || || || || || ||
(Magistrate, Municipal, Probate Courts), Circuit Court (Common pleas- CIVIL and General
|| || || || || || || || || || ||
Sessions- CRIMINAL), Court of Appeals. || || || || ||
Also within are Family Court and Master-in-Equity court
|| || || || || || ||
How can a state case be reviewed in Federal Court - ✔✔Cases may be appealed to the US
|| || || || || || || || || || || || || || || || || ||
Supreme Court by petitioning for a Writ of Certiorari. This is the ONLY way. Has to deal
|| || || || || || || || || || || || || || || || ||
with a US constitution issue.
|| || || ||
What are the origins of criminal law - ✔✔Comes from Sumeria in modern day Iraq
|| || || || || || || || || || || || || ||
Where does common law come from - ✔✔Court Decisions
|| || || || || || || ||
Where does statutory law come from? - ✔✔Legislatively created laws
|| || || || || || || || ||
What are the accused rights in the criminal trial - ✔✔Right to a speedy trial, a jury trial, in
|| || || || || || || || || || || || || || || || || || ||
the county where the crime was committed, and to be confronted by witnesses against him.
|| || || || || || || || || || || || || || ||
Also entitled to counsel for the defense, privilege against self incrimination, and a
|| || || || || || || || || || || || ||
compulsory process for obtaining witnesses in his behalf || || || || || || ||
What is the burden of proof? - ✔✔A party's duty to prove a disputed assertion or charge.
|| || || || || || || || || || || || || || || || ||
Burden of proving is solely on the state. When trying someone for a crime to convict them
|| || || || || || || || || || || || || || || || ||
we need "beyond a reasonable doubt"
|| || || || ||
What is reasonable doubt - ✔✔Doubt that prevents one from being convinced of defendants
|| || || || || || || || || || || || ||
guilt-- belief there is a real possibility that a defendant is not guilty
|| || || || || || || || || || || || ||
