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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?
What is the term used when a jury refuses to return a guilty verdict despite evidence proving guilt beyond a reasonable doubt?
Which choice must a prosecutor often consider regarding their decision-making process?
Which choice must a prosecutor often consider regarding their decision-making process?
What burden of proof must the prosecution meet in a criminal case?
What burden of proof must the prosecution meet in a criminal case?
Which concept is based on the idea that fear of penalties can prevent criminal behavior?
Which concept is based on the idea that fear of penalties can prevent criminal behavior?
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Much of the law in both civil and criminal matters is derived from which source?
Much of the law in both civil and criminal matters is derived from which source?
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What is the term for a defendant who appeals a trial court's decision?
What is the term for a defendant who appeals a trial court's decision?
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Laws established by judges through their decisions are known as what type of law?
Laws established by judges through their decisions are known as what type of law?
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Regulations created by administrative agencies fall under which type of law?
Regulations created by administrative agencies fall under which type of law?
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What is defined as an act or behavior that is base, vile, and immoral?
What is defined as an act or behavior that is base, vile, and immoral?
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What term describes a law that retroactively alters the definition of crimes?
What term describes a law that retroactively alters the definition of crimes?
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What best defines a legislative act that imposes punishment without a judicial trial?
What best defines a legislative act that imposes punishment without a judicial trial?
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In which jurisdiction do most crimes fall under?
In which jurisdiction do most crimes fall under?
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What is the burden of proof required in a civil case?
What is the burden of proof required in a civil case?
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What is the legal standard of proof in a criminal case?
What is the legal standard of proof in a criminal case?
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Which of the following is not a branch of government?
Which of the following is not a branch of government?
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Who typically files a civil law case?
Who typically files a civil law case?
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What is one power that belongs exclusively to the federal government?
What is one power that belongs exclusively to the federal government?
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Which principle does federalism primarily emphasize?
Which principle does federalism primarily emphasize?
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In the event of a conflict between state law and federal law, which principle governs the situation?
In the event of a conflict between state law and federal law, which principle governs the situation?
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What does the Constitution primarily do for the American government?
What does the Constitution primarily do for the American government?
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State governments have __________ powers as detailed in the Tenth Amendment.
State governments have __________ powers as detailed in the Tenth Amendment.
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Why are fewer powers listed for state governments in the Constitution?
Why are fewer powers listed for state governments in the Constitution?
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What role do local governments play in the American federal system?
What role do local governments play in the American federal system?
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Which of the following best explains police powers in the context of state governments?
Which of the following best explains police powers in the context of state governments?
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What regulates the ways state and local governments can raise and spend money?
What regulates the ways state and local governments can raise and spend money?
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In a __________ system, the central government and the state governments share power.
In a __________ system, the central government and the state governments share power.
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Which of these is NOT a feature of the separation of powers?
Which of these is NOT a feature of the separation of powers?
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The separation of powers is best described as:
The separation of powers is best described as:
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Which document outlines the role of the Parliament, the Executive and the Judiciary in Australia?
Which document outlines the role of the Parliament, the Executive and the Judiciary in Australia?
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Who is part of both the Executive and the Parliament along with the Governor-General?
Who is part of both the Executive and the Parliament along with the Governor-General?
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The High Court and other federal courts are collectively known as:
The High Court and other federal courts are collectively known as:
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The Prime Minister, ministers, and Governor-General are collectively known as:
The Prime Minister, ministers, and Governor-General are collectively known as:
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What is the main purpose of Civil law?
What is the main purpose of Civil law?
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What is the main purpose of Criminal law?
What is the main purpose of Criminal law?
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In which court are criminal offenders almost always initially tried?
In which court are criminal offenders almost always initially tried?
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What does a criminal action aim to achieve?
What does a criminal action aim to achieve?
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Crimes that carry the most severe penalties are categorized as:
Crimes that carry the most severe penalties are categorized as:
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In a civil case, who is the person being sued?
In a civil case, who is the person being sued?
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Who carries the burden of proof in a criminal case?
Who carries the burden of proof in a criminal case?
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Which of the following is not a potential sanction for a criminal law violation?
Which of the following is not a potential sanction for a criminal law violation?
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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.