Exam 2: Foundations and Functions of Law

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What type of law is based on societal norms and traditions passed down through generations?

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What offenses are considered bad in and of themselves?

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The person bringing a civil suit in the United States is known as the prosecutor.

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Which of the following is the world's dominant legal system?

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Discuss the concept of stare decisis and case precedent and its role in both a common law and a civil law system. What role should case precedent play in the determination of a case's outcome? What are the advantages and disadvantages to each approach? How might this impact the final outcome of a case?

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A bench trial is before a judge with no jury.

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Less serious criminal offenses, for which the potential punishment is less than 1 year in jail.

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Which of the following is not an example of a procedural law?

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Often in primitive societies the most serious form of punishment was banishment.

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Discuss the primary differences between civil and criminal law in the United States. In your answer, provide specific examples of how and where these differences are observed in the U.S. legal system.

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Which courts are the arbiters of constitutional law disputes?

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Discuss the circumstances in which an irrational justice system would or would not be an effective method of governance. What societal, political, religious, and other factors would help determine whether this type of justice system could be successful?

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The right to counsel is provided for in the Fourth Amendment to the Constitution.

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Which of the following involves disputes between private parties?

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Violations of local ordinances.

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Religious or church-made law is known as civil law.

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Physical punishments, including beatings and floggings.

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Justice systems that rely on religious beliefs and ethical considerations.

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Norms, mores, and folkways are the elements behind customary law.

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What crime has been committed when one person tries to persuade another to commit a murder on his or her behalf?

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