Deck 5: Common Law Systems

Question 1

Under the early feudal system, begun in 1066 under the rule of William the Conqueror, there were two legal systems - a local one known as the "people's peace" and a national system known as:

A) Justice of the peace
B) The King's peace
C) Felony courts
D) The Twelve Tables of Rome

Answer 1

B

Question 2

Under early common law, the king appointed "Keepers of the Peace" who:

A) Were hated by local people because they were seen as outsiders
B) Terrorized local citizens to make sure they obeyed the king
C) Were knights who provided a way for local people to have access to the courts
D) Were lawyers who helped settle minor disputes between citizens

Answer 2

C

Question 3

Under common law, an appeals system arose to help people bring their grievances before the court. This system was known as "equity." This equity system:

A) Made laws that were binding on other courts
B) Decided conflicts between law and morals based on morality
C) Took power away from the king
D) Was bogged down by elaborate procedures that created long delays before a case could be resolved

Answer 3

B

Question 4

In a strictly common law system, laws are primarily made by:

A) Kings or church leaders
B) Legislatures
C) Legal scholars
D) Judges

Question 5

The writ of mandamus, an injunction, and the writ of habeas corpus are all examples of documents ordering the government to do something. What kind of court did these documents emerge from?

A) Religious courts
B) Royal courts
C) Equity courts
D) Community courts

Question 6

England has no written constitution.

Question 7

Today in England, a law created by statute is not fully accepted until it has been tested by the courts.

Question 8

The Bill of Rights to the U.S. Constitution:

A) Reflects our founding fathers' efforts to remove the influence of the common law on our system
B) Reflects basic rules and principles of common law
C) Is designed to make the government as powerful as possible
D) All of these

Question 9

Common law systems give greater priority to:

A) Factual guilt
B) Legal guilt
C) Alleged guilt
D) None of these

Question 10

Traditionally, for lawyers in common law systems:

A) A legal career has been a means for establishing a career in politics
B) Knowledge of the law is less important than courtroom performance
C) Law schools were slow to develop
D) All of these

Question 11

In most common law countries becoming a lawyer is frequently a means to establishing a career in politics.

Question 12

Under common law, the principle of stare decisis means that:

A) The legal code created by legislators must be applied equally to the rich and the poor
B) When a crime occurs, the state is considered the victim in the eyes of the law
C) Decisions in court are influenced by past court decisions
D) The case will be decided by a jury of one's peers

Question 13

The jury system that arose in common law countries:

A) Led to the creation of "rules of evidence" to keep crafty lawyers from introducing things that might unfairly sway their opinion
B) Made it possible through jury nullification for citizens to overturn laws
C) Had the accused tried by their peers rather than by the monarchy
D) All of these

Question 14

Which is the oldest common law court in England, and serves as the supreme court of the land?

A) House of Lords
B) High court
C) crown court
D) Magistrate court

Question 15

Which legal professional in England presents cases before the court, arguing the case before a judge or jury?

A) Solicitor
B) Barrister
C) Magistrate
D) All of the above argue cases before the court.

Question 16

In England, who heads the entire judiciary, including recommending appointments to the courts?

A) Prime Minister
B) Attorney General
C) Lord chancellor
D) The Royal Prince