Solved

Match Terms with the Correct Description

Question 31

Matching

Match terms with the correct description:

Premises:

Responses:

Presumption of evidence

In a criminal case, the requirement that the prosecution persuade the jury that the defendant committed the crime.

Directed verdict

A bedrock presumption in the American criminal justice system, the notion that the accused is not guilty until proven as such in a criminal trial.

Proof beyond reasonable doubt

A fact assumed to be true under the law.

Burden of persuasion

The opposite of an adversarial system. The accused does not enjoy the same protections and decision-making authority is placed in the hands of one or very few individuals.

Burden of proof

A judge’s order that one side or the other wins without the need to move on to fact-finding (in which the defense would introduce evidence, call witnesses, and so on).

Preponderance of evidence

One party’s (the prosecutor’s in a criminal case) obligation to present sufficient evidence to have the issue decided by a fact-finder. The burden of production is a question of law.

Presumption

The requirement that a particular party convince the jury with regard to a particular issue. In the criminal law context, the burden of proof falls on the prosecutor to establish the defendant’s guilt.

Burden of production

The standard of proof necessary in a criminal case, roughly akin to 95% certainty.

Inquisitorial system

The standard of proof in a civil case, equivalent to “more certain than not.”

Adversarial system

A system of justice that pits two parties against each other in pursuit of the truth.

Premises:

Presumption of evidence

Directed verdict

Proof beyond reasonable doubt

Burden of persuasion

Burden of proof

Preponderance of evidence

Presumption

Burden of production

Inquisitorial system

Adversarial system

Responses:

In a criminal case, the requirement that the prosecution persuade the jury that the defendant committed the crime.

A bedrock presumption in the American criminal justice system, the notion that the accused is not guilty until proven as such in a criminal trial.

A fact assumed to be true under the law.

The opposite of an adversarial system. The accused does not enjoy the same protections and decision-making authority is placed in the hands of one or very few individuals.

A judge’s order that one side or the other wins without the need to move on to fact-finding (in which the defense would introduce evidence, call witnesses, and so on).

One party’s (the prosecutor’s in a criminal case) obligation to present sufficient evidence to have the issue decided by a fact-finder. The burden of production is a question of law.

The standard of proof necessary in a criminal case, roughly akin to 95% certainty.

The standard of proof in a civil case, equivalent to “more certain than not.”

A system of justice that pits two parties against each other in pursuit of the truth.

Correct Answer:

Premises:

Responses:

Presumption of evidence

Directed verdict

Proof beyond reasonable doubt

Burden of persuasion

Burden of proof

Preponderance of evidence

Presumption

Burden of production

Inquisitorial system

Adversarial system