Chapter 1
which of the following refers to a finding of not guilty in a criminal case?
acquittal
which of the following refers to the amount of proof necessary for conviction in a criminal case?
beyond a reasonable doubt
Which of the following refers to a legal system based primarily on written constitutions and written laws or codes?
civil law
Which of the following refers to a body of law developed through the courts?
common law
which of the following refers to an act in violation of a criminal statute?
crime
laws are categorized in one way: whether the law is constitutional law, statutory law, or case law.
false; categorized in three ways: whether the law is constitutional law, statutory law, or case law; whether the law is substantive or procedural; whether the law is criminal or civil
civil law is a body of laws developed through the courts.
false; civil law is a a legal system based primarily on written constitutions and written laws or codes.
the term "common law" as used to describe a legal system, refers to a system based primarily on written constitutions and written laws or codes.
false; common law is a body of law developed through the courts
substantive laws relate to the enforcement of the substantive rights and duties.
false; define the rights and duties of parties and establish the legal basis for any lawsuit
beyond a reasonable doubt is defined as the amount of proof necessary for most civil cases; more likely than not.
false; is defined as the amount of proof necessary for conviction in a criminal case.
preponderance of the evidence is defined as the amount of proof necessary for conviction in a criminal case.
false; is defined as the amount of proof necessary for most civil cases; more likely than not.
procedural laws define the rights and duties of parties and establish the legal basis for any lawsuit.
false; relate to the enforcement of the substantive rights and duties
in a criminal case, the defendant is always the representative of the government.
false; the prosecutor is always the representative of the government.
the origins and development of laws and legal systems are rarely based on the actions of government and religion.
false; they are
which of the following refers to the power of authority to act in a certain situation; the power of a court to hear cases and render judgements?
jurisdiction
which of the following refers to the study of the philosophy of law?
jurisprudence
Which of the following refers to a set of rules and procedures usually intended to regulate some aspect of society?
law
which of the following refers to a philosophical theory holding that the validity of law is not related to morality?
legal positivism
which of the following refers to a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices?
legal realism
which of the following refers to a finding of responsibility in a civil case?
liable
which of the following refers to a method for categorizing and classifying laws?
whether the law is a constitutional law, statutory law or case law; whether law is substantive or procedural; whether the law is criminal or civil
which of the following refers to the procedural rules adopted by all courts regulating practice in the court?
rules of court
which of the following define the rights and duties of parties and establish the legal bases for any lawsuit?
substantive laws
which of the following refers to a summary of a Supreme Court case written by the reporter of decisions?
syllabus
which of the following refers to a non contractual civil wrong?
tort
a hung jury is a jury that cannot attain the necessary consensus or majority to reach a verdict.
true
a set of rules and procedures usually intended to regulate some aspect of society is known as a law.
true
an acquittal is a finding of not guilty in a criminal case.
true
common law systems are those based on the concept of precedent or stare decisis.
true
crimes define behavior that society has declared illegal and has decided to punish.
true
defendants have a right to due process of law.
true
jurisdiction is defined as the power and authority to act in a certain situation; the power of a court to hear cases and render judgments.
true
legal positivism is a philosophical theory holding that the validity of law is not related to morality.
true
legal realism is a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices.
true
natural theory of law is a philosophical theory holding that law reflects the moral and unchangeable laws of nature.
true
rules of court are laws that are adopted by various courts with power given to the courts by the legislature.
true
which of the following refers to a philosophical theory holding that law reflects the moral and unchangeable laws of nature?
natural theory of law
Which of the following refers to an example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases?
precedent
which of the following refers to the amount of proof necessary for most civil cases?
preponderance of the evidence
Which of the following relate to the enforcement of the substantive rights and duties?
procedural laws
