Exam 1: Introduction to Law
Compare and contrast civil and criminal law.Include in your discussion definitions,how the cases are commenced,the purposes of civil and criminal law,the burdens of proof,and principal sanctions.
Civil law defines duties,the violation of which constitutes a wrong against the party injured by the violation.Civil law is part of private law,and a civil lawsuit is brought by the injured party,known as the plaintiff.Purposes of civil law include compensation to the injured party and deterrence of such wrongful action in the future.The plaintiff has the burden of proof,which must be sustained by a preponderance of the evidence.Principal sanctions are monetary damages and equitable remedies,such as a decree ordering specific performance or an injunction ordering the defendant to do or refrain from doing a specified act.
Criminal law establishes duties,the violation of which is a wrong against the whole community.Criminal law is part of public law.The government brings the criminal case and has the burden of proving criminal guilt beyond a reasonable doubt,a significantly higher burden of proof than that required in a civil case.The primary purpose of criminal law is to punish the wrongdoer.Additional purposes include public policy (safeguarding government,human life,or private property),deterrence,rehabilitation,and preservation of peace.Principal sanctions include capital punishment (death),imprisonment,and fines.
Which one of the following is NOT true of a suit brought under criminal law?
C
The branch of public law that deals with the various regulatory functions and activities of agencies of the government is:
Which of the following is correct regarding the English courts of equity?
Glenna has been charged with arson of a storage building.The prosecutor must prove Glenna's guilt:
The three distinct and independent branches of the United States government are:
American jurists __________ and __________ defined law in a functional sense as predictions of the way that a court will decide specific legal questions.
The source of law best suited to making drastic or comprehensive change is:
Once a court has decided a case,the principle of stare decisis precludes correction of erroneous decisions.
Tate brings an action against Marsheen for damages from trespass to Tate's property.Tate must prove the case by a preponderance of the evidence.
Sources of federal law include all but which of the following?
Since the end of the nineteenth century,case law developed from court opinions has been the primary source of new law and ordered social change in the United States.
A judge deciding a common law case must look for guidance to similar cases previously decided by that court or superior courts.
The National Conference of Commissioners on Uniform State Laws:
What are the various kinds or sources of American law? Discuss how these various types of law interrelate to form the system of law in the United States.
The business law topics of contracts,agency,property,and trusts are governed primarily by the common law.
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