Civil and Criminal Law Overview
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Questions and Answers

What is the term used when a jury refuses to return a guilty verdict despite evidence proving guilt beyond a reasonable doubt?

  • a pardon by the jury
  • an acquittal by the jury
  • jury nullification (correct)
  • a mistrial
  • Which choice must a prosecutor often consider regarding their decision-making process?

  • punish for disciplinary infractions
  • file charges (correct)
  • impose sentences
  • prosecute civil cases
  • What burden of proof must the prosecution meet in a criminal case?

  • probable cause
  • preponderance of the evidence
  • beyond a reasonable doubt (correct)
  • clear and convincing evidence
  • Which concept is based on the idea that fear of penalties can prevent criminal behavior?

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

    Much of the law in both civil and criminal matters is derived from which source?

    <p>English common law</p> Signup and view all the answers

    What is the term for a defendant who appeals a trial court's decision?

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

    Laws established by judges through their decisions are known as what type of law?

    <p>case law</p> Signup and view all the answers

    Regulations created by administrative agencies fall under which type of law?

    <p>administrative law</p> Signup and view all the answers

    What is defined as an act or behavior that is base, vile, and immoral?

    <p>Crime of moral turpitude</p> Signup and view all the answers

    What term describes a law that retroactively alters the definition of crimes?

    <p>Ex post facto law</p> Signup and view all the answers

    What best defines a legislative act that imposes punishment without a judicial trial?

    <p>Bill of attainder</p> Signup and view all the answers

    In which jurisdiction do most crimes fall under?

    <p>State law</p> Signup and view all the answers

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

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

    What is the legal standard of proof in a criminal case?

    <p>Beyond a reasonable doubt</p> Signup and view all the answers

    Which of the following is not a branch of government?

    <p>Administrative branch</p> Signup and view all the answers

    Who typically files a civil law case?

    <p>Private party</p> Signup and view all the answers

    What is one power that belongs exclusively to the federal government?

    <p>To make treaties</p> Signup and view all the answers

    Which principle does federalism primarily emphasize?

    <p>The relationship between national and state governments</p> Signup and view all the answers

    In the event of a conflict between state law and federal law, which principle governs the situation?

    <p>The supremacy clause</p> Signup and view all the answers

    What does the Constitution primarily do for the American government?

    <p>Defines the government and its functions</p> Signup and view all the answers

    State governments have __________ powers as detailed in the Tenth Amendment.

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

    Why are fewer powers listed for state governments in the Constitution?

    <p>The Framers prioritized federal authority</p> Signup and view all the answers

    What role do local governments play in the American federal system?

    <p>They are created and governed by state governments</p> Signup and view all the answers

    Which of the following best explains police powers in the context of state governments?

    <p>Powers to regulate state criminal laws and public safety</p> Signup and view all the answers

    What regulates the ways state and local governments can raise and spend money?

    <p>State constitutions</p> Signup and view all the answers

    In a __________ system, the central government and the state governments share power.

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

    Which of these is NOT a feature of the separation of powers?

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

    The separation of powers is best described as:

    <p>The idea that the power to make, enforce and interpret law should be held by 3 separate groups</p> Signup and view all the answers

    Which document outlines the role of the Parliament, the Executive and the Judiciary in Australia?

    <p>Australian Constitution</p> Signup and view all the answers

    Who is part of both the Executive and the Parliament along with the Governor-General?

    <p>The Prime Minister</p> Signup and view all the answers

    The High Court and other federal courts are collectively known as:

    <p>The Judiciary</p> Signup and view all the answers

    The Prime Minister, ministers, and Governor-General are collectively known as:

    <p>The Executive</p> Signup and view all the answers

    What is the main purpose of Civil law?

    <p>Handle legal disputes between two parties</p> Signup and view all the answers

    What is the main purpose of Criminal law?

    <p>To identify, recognize, inform and punish the criminal offenses’ action</p> Signup and view all the answers

    In which court are criminal offenders almost always initially tried?

    <p>Magistrates' Court</p> Signup and view all the answers

    What does a criminal action aim to achieve?

    <p>Punishes offenses that injure society as a whole</p> Signup and view all the answers

    Crimes that carry the most severe penalties are categorized as:

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

    In a civil case, who is the person being sued?

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

    Who carries the burden of proof in a criminal case?

    <p>The prosecutor</p> Signup and view all the answers

    Which of the following is not a potential sanction for a criminal law violation?

    <p>Damages and injunctions</p> Signup and view all the answers

    Study Notes

    Civil and Criminal Law

    • Criminal Law: A system that focuses on punishing individuals for offenses against society.
    • Civil Law: A system that resolves disputes between individuals or entities, usually involving financial compensation.
    • Burden of Proof: The responsibility to prove the allegations in a case.
    • Beyond a Reasonable Doubt: The standard of proof needed in a criminal case, meaning there is no significant doubt about the defendant's guilt.
    • Preponderance of the Evidence: The standard of proof required in a civil case, where the evidence must show that it is more likely than not that the defendant is liable.
    • Jury Nullification: When a jury refuses to convict a defendant despite finding them guilty, based on their own conscience or beliefs.
    • Ex Post Facto Law: A law that retroactively changes the definition of a crime or increases the punishment for a crime committed before the law's passage.
    • Bill of Attainder: A legislative act that imposes punishment without a trial.
    • Administrative Law: Rules, regulations, and decisions made by administrative agencies.
    • Common Law: Law based on judges' decisions in previous cases, also known as case law.
    • Statutory Law: Laws passed by legislative bodies.
    • Prosecutor: The government official responsible for bringing criminal charges against a defendant.
    • Defendant: The person accused of a crime or being sued in a civil case.

    Civil vs. Criminal Law

    • Purpose: The main purpose of criminal law is to punish offenders and deter crime. The focus is on protecting society. Civil law focuses on resolving disputes and compensating victims for harm.
    • Initiation: Criminal cases are initiated by the government, while civil cases are initiated by individuals or entities.
    • Punishment: The consequences for violating criminal law include imprisonment, fines, and other sanctions designed to punish and deter. Civil law violations result in financial damages or injunctions.

    Branches of Government

    • Legislative Branch: Makes laws, (e.g., Congress in the US)
    • Executive Branch: Enforces laws, (e.g., President in the US)
    • Judicial Branch: Interprets laws, (e.g., Supreme Court in the US)

    Australian Government

    • Separation of Powers: Dividing government power into three branches: the Legislature, the Executive, and the Judiciary.
    • Parliament: The legislative branch of the Australian government, responsible for making laws.
    • Executive Branch: The branch of government that enforces laws, including the Prime Minister and ministers.
    • Judiciary: The judicial branch of the Australian government, responsible for interpreting laws.

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    Description

    This quiz explores the fundamental concepts of Civil and Criminal Law, including the differences between the two legal systems and key principles such as burden of proof and standards of evidence. Test your knowledge on terms like jury nullification and ex post facto law to enhance your understanding of legal proceedings.

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