Deck 1: Introduction to Law

Question 1

A law that gives a person who is accused of burglary the right to a trial by jury is an example of:

A) civil substantive law.
B) civil procedural law.
C) criminal substantive law.
D) criminal procedural law.
E) None of the above

Answer 1

D

Question 2

What is the burden of proof in a criminal case?

A) Preponderance of the evidence
B) Clear and convincing evidence
C) Beyond a reasonable doubt
D) Beyond a shadow of a doubt

Answer 2

C

Question 3

Which of the following is a way that laws are categorized?

A) Whether the law is constitutional law, statutory law, or case law
B) Whether the law is substantive or procedural
C) Whether the law is criminal or civil
D) All of the above

Answer 3

D

Question 4

Juries in civil cases are different from juries in criminal cases in that:

A) in a civil case the parties pay for the jury, whereas in a criminal case the state pays.
B) the number of jurors who must agree before a verdict is reached is often different.
C) jurors in a criminal case must be convinced of the defendant's guilt beyond a reasonable doubt, whereas jurors in a civil case must usually be convinced by a preponderance of the evidence.
D) All of the above
E) None of the above, criminal and civil juries are not different

Question 5

Substantive criminal laws for states are usually found in:

A) state rules of court.
B) case law.
C) statutory law.
D) constitutional law.
E) local rules of court.

Question 6

Jurisprudence is:

A) another term for precedent.
B) another term for common law.
C) the study of law.
D) the study of the philosophy of law.

Question 7

Procedural criminal laws are found in:

A) state constitutions.
B) U.S. Constitution.
C) state statutes.
D) state and federal case law.
E) All of the above

Question 8

What is a set of rules and procedures usually intended to regulate some aspect of society?

A) Law
B) Canon
C) Bylaw
D) Precedent

Question 9

A civil law system is based on:

A) constitutions and codes.
B) cases and codes.
C) constitutions and cases.
D) tort law and contract law.

Question 10

The Napoleonic Code became the basis of a civil law legal system in which country?

A) Great Britain
B) France
C) Germany
D) China

Question 11

What does the phrase "stare decisis" mean?

A) "Let the master answer"
B) "The Law speaks for itself"
C) "It stands decided"
D) "To hold the body"

Question 12

The statute of limitations for damages resulting from an automobile accident is an example of:

A) civil substantive law.
B) civil procedural law.
C) criminal substantive law.
D) criminal procedural law.
E) None of the above

Question 13

In a criminal case, the punishment can be:

A) a fine.
B) incarceration.
C) probation.
D) Any of the above
E) None of the above, criminal and civil juries are not different

Question 14

Which type of legal system refers to a system based primarily on written constitutions and written laws or codes?

A) Common law
B) Civil law
C) Natural law
D) Bylaws

Question 15

What is a type of law that regulates many religious organizations?

A) Statutory law
B) Canon law
C) Constitutional law
D) Case law

Question 16

The origins and development of laws and legal systems are predominantly based on the actions of government and _____.

A) religion
B) corporations
C) philosophers
D) professors

Question 17

A law that makes shoplifting a crime is an example of which type of law?

A) Substantive law
B) Procedural law
C) A rule of court
D) A bylaw

Question 18

This theory is based on the belief that laws are created by men and therefore subject to pitfalls created by men.

A) The natural theory of law
B) Legal positivism
C) Legal realism.
D) Jurisprudence

Question 19

Which type of legal system refers to a system based on precedent or case law?

A) Common law
B) Civil law
C) Natural law
D) Bylaws

Question 20

Rules of court usually contain:

A) civil substantive law.
B) civil procedural law.
C) criminal substantive law.
D) criminal procedural law.
E) Both b and d

Question 21

Stare decisis means "it stands decided."

Question 22

The Code of Hammurabi is an example of a law from a civil law legal system.

Question 23

The natural theory of law is a philosophical theory holding that the validity of law is not related to morality.

Question 24

Procedural laws are those laws that relate to the enforcement of substantive rights and duties.

Question 25

Civil law describes a legal system based on written laws or codes.

Question 26

Religion has had no impact on the development of law.

Question 27

A right to a jury only exists in a criminal case.

Question 28

Common law systems are those based on the concept of precedent.

Question 29

In a civil case, if the defendant does not pay a civil judgment, he or she cannot usually be put in jail.

Question 30

Rules of court are generally substantive laws.

Question 31

The term law refers exclusively to rules created and enforced by federal, state and local governments.

Question 32

Jurisprudence is the study of philosophy of law.

Question 33

A right to a court appointed attorney for indigent defendants applies only in criminal cases.

Question 34

Whether a law is criminal or civil is one way that laws are categorized.

Question 35

Because values, customs and even religious beliefs influence laws and legal systems, differences exist from country to country.

Question 36

Substantive laws are those laws that define the rights and duties of parties.

Question 37

Substantive laws define the rights and duties of parties and establish the legal basis for any lawsuit

Question 38

In a criminal case, the plaintiff is usually the victim of a crime.

Question 39

Whether a law is substantive or procedural is one way that laws are categorized.

Question 40

The role of courts is essential in a civil law legal system.

Question 41

The legal system based primarily on written constitutions and written
laws or codes is known as a _____ system.

Question 42

In a criminal case, if the court finds against the defendant, the defendant is found guilty. In a civil case, if the court finds against the defendant, the defendant is said to be _____.

Question 43

Which system do you think provides for a fairer system: a civil law legal system or a common law legal system? Explain.

Question 44

What is the definition of law?

Question 45

Common law systems are based on the concept of ______ or "stare decisis."

Question 46

Describe the three major philosophical theories of law.

Question 47

Discuss two examples of historical origins of a civil law legal system.

Question 48

Historically, the two major types of legal systems that developed were civil law systems and _____ systems.

Question 49

_____ refers to rules created and enforced by federal, state, and local governments.

Question 50

Laws that relate to the enforcement of the substantive rights and duties are known as ______ laws.

Question 51

Discuss the burden of proof in criminal cases with the burden of proof in civil cases.

Question 52

Laws that define the rights and duties of parties and establish the legal basis for any lawsuit are known as ______ laws.

Question 53

Whether the law is constitutional law, statutory law, or case law is one way that laws are ______.

Question 54

Murder, assault, and theft are examples of _____ criminal laws.

Question 55

Provide two examples of substantive criminal laws and two examples of substantive civil laws.

Question 56

The philosophical theory of law that holds that law reflects the moral and unchangeable laws of nature is known as the _____ theory of law.

Question 57

The philosophical theory of law that holds that the validity of law is not related to morality is known as legal_____.

Question 58

Compare and contrast the differences between a civil law legal system and a common law legal system.

Question 59

In a criminal case, if the defendant is indigent and cannot afford a lawyer, one will be provided without cost to the defendant. Should parents in child custody cases who cannot afford a lawyer also be provided a lawyer without cost? Explain your position.
Explain