STUDY GUIDE – MODULE 1

What is National (Federal) Jurisdiction?

Define the following terms:

 Executive Power:
 Police Power:
 Commerce Power:
 Constitutional Power:

What is the difference between a trial court and an appellate court?

 Are there different levels of trial courts?

o What are examples of inferior courts?
 Are there different levels of appellate courts?
 Is there a time that a trial court can sit as an intermediate court of appeals? If so, when?

State trial courts are often referred to as “Courts of General Jurisdiction” – what does that mean? How
does a court of general jurisdiction differ from one with limited jurisdiction?

In an appeal from the trial court to the appellate court, the judge(s) examine the decision of the trial
court. What is this type of review called?

If a law violates the US Constitution, can it be struck down by a state court? A federal court?

In criminal cases, what is the burden of proof? Which party bears the burden of proof? Who bears the
burden to protect the rights of the accused?

If you look at the caption of case, how can you tell if it is a criminal or civil case?

Criminal punishment has multiple functions – what are they? Do criminal punishments serve a purpose
to the community at large as well? How?

What is the difference between Criminal Laws and Criminal Procedure?

Define Common Law:

 Is it still important today?

How many states have adopted the Model Penal Code? Who drafted the MPC?

We know that the US Constitution is the highest form of law. Are states allowed to Increase civil
liberties greater than those guaranteed by the US Constitution?

Can Congress delegate power to agencies to enact laws to criminalize certain behaviors and acts? Can
Congress delegate power to agencies to sentence individuals to imprisonment? If not, which branch has
the authority to impose imprisonment as a sentence for criminal conduct?

Define these terms, noting who has the power to enact them:

 Ordinance
 Regulation
 Statutory law
 Common law

Where is the Bill of Rights found?

What is the Latin term for “there is not punishment if there is no statute”?

Describe Procedural Due Process. Does it apply to Civil Law as well as Criminal Law?

Describe Substantive Due Process. Does it apply to Civil Law as well as Criminal Law?