Anglo-American Legal Systems Overview
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In the Anglo-American legal system, decisions are typically made by:

  • Judges (correct)
  • Parliament
  • Juries
  • Lawyers

    • The Anglo-American legal system relies heavily on the use of juries to decide cases.

    False (B)

    What is the primary method used in Anglo-American legal systems to arrive at decisions?

    Applying legislation and rules to specific facts.

    In the Anglo-American legal system, legal opinions typically include a ______ of the relevant facts.

    <p>statement</p> Signup and view all the answers

    Match the legal systems with their corresponding characteristics:

    <p>Inquisitorial System = Judge acts as an investigator Adversarial System = Both sides present arguments and evidence</p> Signup and view all the answers

    Which of the following is NOT a way a Supreme Court Justice can lose their position?

    <p>Losing an election (B)</p> Signup and view all the answers

    The Supreme Court has original jurisdiction in cases involving disputes between states.

    <p>True (A)</p> Signup and view all the answers

    What is the purpose of voir dire?

    <p>The purpose of voir dire is to examine potential jurors to determine if they are fit to serve on a particular trial and to ensure that no jurors have biases that could impact the outcome of the case.</p> Signup and view all the answers

    A grand jury determines whether there is ______ to believe an individual committed a crime.

    <p>probable cause</p> Signup and view all the answers

    What is the standard of proof required in a civil case?

    <p>Preponderance of the evidence (C)</p> Signup and view all the answers

    Grand jury proceedings are public.

    <p>False (B)</p> Signup and view all the answers

    Which of the following is NOT a type of breach of contract?

    <p>Minor Breach (B)</p> Signup and view all the answers

    Match the following terms to their definitions:

    <p>Petit jury = Focuses on preliminary criminal matters and determines whether there is probable cause to believe an individual committed a crime. Appellant jurisdiction = Cases that begin in the Supreme Court and haven't been heard in a lower court Original jurisdiction = Cases heard by the Supreme Court where a lower court has already ruled Grand jury = Decides criminal and civil cases</p> Signup and view all the answers

    A material breach of contract can occur when one party delivers different goods than agreed upon.

    <p>True (A)</p> Signup and view all the answers

    What are two ways to overturn a Supreme Court ruling?

    <p>The two ways to overturn a Supreme Court ruling are through a subsequent Supreme Court ruling or a constitutional amendment.</p> Signup and view all the answers

    In a criminal case, the jury decides whether the ______ has proven the defendant's guilt beyond a reasonable doubt.

    <p>government</p> Signup and view all the answers

    What is the difference between a partial breach and a total breach of contract?

    <p>A partial breach occurs when part of the contract is broken, while a total breach is so serious that the non-breaching party cannot recover without full performance from the breaching party.</p> Signup and view all the answers

    A ______ of contract occurs when one party's actions cause illegal harm to the other party's property rights.

    <p>material breach</p> Signup and view all the answers

    What type of jury is responsible for deciding whether to issue an indictment against a defendant?

    <p>Grand jury (A)</p> Signup and view all the answers

    Match the following types of breaches with their examples:

    <p>Non-performance = A contractor hired to do a job never completes it. Failure to perform = A company fails to deliver a product after a consumer has paid for it. Late delivery = A construction company only builds part of a structure. Non-payment = A supplier delivers the wrong type of goods. Partial Breach = A company fails to deliver a product by the agreed-upon date.</p> Signup and view all the answers

    Which of these remedies is typically used when monetary damages are insufficient, and the subject matter of the contract is unique?

    <p>Specific Performance (D)</p> Signup and view all the answers

    A breach of condition occurs when a party violates the agreement's essential terms.

    <p>True (A)</p> Signup and view all the answers

    What is the legal doctrine that states that prior rulings guide decisions in future cases with similar circumstances?

    <p>Stare Decisis</p> Signup and view all the answers

    A court order compelling a party to stop performing a specific action is called an ______.

    <p>Injunction</p> Signup and view all the answers

    Match the remedy with its description:

    <p>Compensatory Damages = Pre-agreed damages specified in the contract Liquidated Damages = Court order requiring a party to perform specific actions Specific Performance = Aims to put the non-breaching party in the position they'd be in if the contract was fulfilled Rescission = Cancellation of the contract, returning parties to their original positions</p> Signup and view all the answers

    A crime violates laws at the local, state, or national level.

    <p>True (A)</p> Signup and view all the answers

    What is the legal term for a crime punishable by imprisonment for one year or more?

    <p>Felony</p> Signup and view all the answers

    Which of these is NOT a purpose of Criminal Law?

    <p>Enforce contracts (A)</p> Signup and view all the answers

    What is a key characteristic of binding arbitration?

    <p>The arbitration award is final and cannot be appealed. (A)</p> Signup and view all the answers

    Arbitrators are always biased towards one of the parties involved in the dispute.

    <p>False (B)</p> Signup and view all the answers

    What term is used for arbitration that is required by law or contract?

    <p>mandatory arbitration</p> Signup and view all the answers

    An arbitration award can be converted to a judgment by a court, known as __________.

    <p>confirmation</p> Signup and view all the answers

    Match the following circumstances under which courts can review or set aside an arbitration award:

    <p>Misconduct by the arbitrator = Circumstance 1 Refusal to hear material evidence = Circumstance 2 Exceeding arbitrator's powers = Circumstance 3 Fraud = Circumstance 4</p> Signup and view all the answers

    Which party could potentially be held liable for Emily's illness due to water contamination?

    <p>Factory (B)</p> Signup and view all the answers

    First degree murder requires the intent to cause death to be premeditated.

    <p>True (A)</p> Signup and view all the answers

    What is one key difference between first degree murder and second degree murder?

    <p>Premeditation</p> Signup and view all the answers

    Second degree manslaughter involves the defendant engaging in conduct of ______ negligence.

    <p>criminal</p> Signup and view all the answers

    Match the following elements with their corresponding terms:

    <p>Reckless conduct = First degree manslaughter Criminal negligence = Second degree manslaughter Intent to cause death = First degree murder Intent to cause harm = Second degree murder</p> Signup and view all the answers

    What is the purpose of the Federal Arbitration Act (FAA)?

    <p>To protect arbitration agreements (A)</p> Signup and view all the answers

    In first degree manslaughter, the defendant acts with intent to cause death.

    <p>False (B)</p> Signup and view all the answers

    What must be proven to establish second degree murder?

    <p>Intent to cause death</p> Signup and view all the answers

    In first degree murder, the defendant's actions are marked by a wanton ______ to human life.

    <p>indifference</p> Signup and view all the answers

    What is the main characteristic of Alternative Dispute Resolution (ADR)?

    <p>Methods of resolving disputes outside judicial processes (A)</p> Signup and view all the answers

    Study Notes

    • Common Law
      • Judges trained as lawyers, with years of experience and reputation.
      • Appointed by government or elected.
      • Decisions based on previous similar cases (precedent).
      • Judges apply and interpret laws in case of ambiguity.
      • Judges personalize judgments reflecting their own viewpoints.
      • Decisions organized systematically with facts, argument and legal opinions from previous cases.
      • Judges can decide on the scope of laws if insufficient or unclear.
    • Civil Law
      • A significant distinction exists between a judge's role as an attorney and an attorney's role.
      • Judges are trained from law degree studies.
      • Law is more theoretical than common-law approaches.
      • Decisions based on established legislation and pre-existing rules.
      • Judges have discretion and apply legislation and rules to a particular case.
      • Juries are uncommon or rare in civil law systems.

    US Court System

    • Trial Courts
      • Handle civil and criminal cases based on local jurisdictions.
      • Civil cases: one party (plaintiff) files a complaint against another (defendant).
      • Criminal cases: result in someone being found innocent or guilty (prosecution + defendant present evidence).
      • All parties can file an appeal with a higher court if not satisfied with the verdict.
    • Appellate Courts
      • Review evidence from lower court cases.
      • Judges determine whether lower-court decisions were flawed (judge acting outside their authority, significant interpretation issues).
      • Courts have the final say on appeals cases.
    • Supreme Court
      • Decide highly important issues (state or national level, appeals from appellate courts).
      • Important rulings on constitutional rights or application of laws: final say on appeal cases.

    Jury System

    • Voir Dire
      • Potential jurors are selected based on criteria established by the law and the court.
      • Qualification: being a citizen of the US and not facing hardships interfering with participation.
      • Lawyers ask questions of potential jurors.
      • Purpose is to ensure impartial jury members.
    • Petit Juries
      • Involved in criminal and civil court cases
      • Determine guilt/liability in criminal/civil cases respectively.
    • Grand Juries
      • Examine evidence to investigate if criminal charges should be filed,
      • Issue indictments (formal accusation) if there is a risk of crime.

    Rule of Law in the UK

    • Legal Certainty
      • Laws are applied consistently to ensure fairness and predictability.
    • Equality
      • All citizens are treated equally under the law.
    • Fairness
      • Laws are clear, understandable, and do not discriminate against any individual group.
    • Retrospective Legislation
      • Laws are not applied to actions taken prior to the laws existence.
      • (e.g., laws cannot punish actions that were done before the making of laws).

    Contract Law

    • Essential elements
      • An offer
      • Acceptance by both parties
      • Consideration
      • Intention of creating a legal contract by both parties
    • Implied contracts
      • Obligations exist even when there are no specific terms. (e.g., ordering food assumed and agreed to).
    • Breach of contract
      • A failure to meet the terms of an agreement.
    • Remedies for breach
      • Compensatory Damages, Liquidated Damages, Rescission, Specific Performance.

    Criminal Law

    • Two elements of a crime
      • Actus Reus = Action (or lack of required action) that violates the law
      • Mens Rea = Criminal intent/guilty mind (intent element/intention/degree of intent).
    • Stare Decisis
      • Prior court decisions guide current cases.
    • Purpose
      • Protection of society
      • Prevention of undesirable or criminal behavior.
    • Categories of Intent
      • General intent: acting without specific intent, but the result was foreseeable.
      • Constructive intent: actions that lead to foreseeable harm, despite not intending the outcome.
      • Specific intent: intending the act and the result.
    • Common law categories
      • Felonies (serious offenses) and Misdemeanors (less serious offenses)

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    Introduction to Anglo American Legal Systems PDF

    Description

    Explore the fundamental differences between the Common Law and Civil Law systems in the Anglo-American legal framework. This quiz covers the roles of judges, the reliance on precedents, and the theoretical nature of law in each system. Test your knowledge on the US Court System and its characteristics.

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