Legal Systems and Principles Quiz
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Questions and Answers

What is the role of the judge in an adversarial system?

  • The judge is responsible for shaping the law and interpreting its application.
  • The judge actively inquires into the facts of the case and determines the relevant evidence.
  • The judge acts as an advocate for the plaintiff, ensuring their rights are protected.
  • The judge acts as an impartial referee, allowing both sides to present their cases and evidence. (correct)
  • Which of the following is NOT a key principle of the rule of law in the UK?

  • Absolute sovereignty of the state (correct)
  • Equality
  • Fairness
  • Transparency
  • What is the main difference between the inquisitorial and adversarial systems?

  • The adversarial system is more common in civil law countries, while the inquisitorial system is more common in common law countries.
  • The adversarial system is more efficient than the inquisitorial system.
  • The inquisitorial system is more focused on finding the truth, while the adversarial system is more focused on winning the case.
  • The inquisitorial system relies on the judge to gather evidence, while the adversarial system relies on the parties to do so. (correct)
  • Which of the following statements about legal certainty is TRUE?

    <p>Legal certainty means that laws should be applied in the same way regardless of individual circumstances. (B)</p> Signup and view all the answers

    Why is retrospective legislation considered problematic in most legal systems?

    <p>It can violate the principle of legal certainty by changing the rules after the fact. (D)</p> Signup and view all the answers

    What is the primary purpose of the rule of law?

    <p>To prevent the abuse of power by individuals and institutions. (B)</p> Signup and view all the answers

    Which of the following is an example of how the principle of equality is applied in the UK legal system?

    <p>Everyone has the right to a fair trial, regardless of their social status or wealth. (A)</p> Signup and view all the answers

    Which of the following is a potential consequence of a lack of legal certainty?

    <p>Uncertainty and unpredictability in the application of the law. (D)</p> Signup and view all the answers

    What is one characteristic of a neutral mediator in the mediation process?

    <p>Acts as a facilitator for agreement (B)</p> Signup and view all the answers

    Which of the following statements about arbitration is true?

    <p>Mandatory arbitration can occur due to contracts or law. (C)</p> Signup and view all the answers

    In which circumstance can courts review an arbitration award?

    <p>Misconduct by the arbitrator (B)</p> Signup and view all the answers

    What happens during binding arbitration?

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

    What is a primary advantage of mediation over litigation?

    <p>Mediation generally has lower costs and a faster process. (A)</p> Signup and view all the answers

    What is specific performance in the context of contract law?

    <p>A court order forcing fulfillment of contractual obligations. (B)</p> Signup and view all the answers

    What is the primary purpose of criminal law?

    <p>To protect society and prevent undesirable behavior. (D)</p> Signup and view all the answers

    Which of the following describes mens rea?

    <p>The mental state or intent behind a criminal action. (D)</p> Signup and view all the answers

    What is the primary role of a petit jury in a criminal case?

    <p>To determine if the defendant's guilt is proven beyond reasonable doubt (A)</p> Signup and view all the answers

    What distinguishes felonies from misdemeanors?

    <p>Felonies carry longer imprisonment terms than misdemeanors. (C)</p> Signup and view all the answers

    What is an injunction typically used for in legal contexts?

    <p>To prevent a party from causing irreparable harm. (B)</p> Signup and view all the answers

    Which statement accurately describes a grand jury?

    <p>They focus on preliminary criminal matters to establish probable cause. (A)</p> Signup and view all the answers

    What does it mean if a civil case is dismissed 'with prejudice'?

    <p>The case is permanently barred from future litigation. (D)</p> Signup and view all the answers

    Which of the following is an example of a second-degree felony?

    <p>Manslaughter. (D)</p> Signup and view all the answers

    What is the doctrine of Stare Decisis?

    <p>A principle indicating that similar cases should be decided in the same way. (D)</p> Signup and view all the answers

    How many jurors are typically present in a grand jury?

    <p>16-23 jurors (B)</p> Signup and view all the answers

    Which group is NOT exempt from jury duty?

    <p>Retired military personnel (A)</p> Signup and view all the answers

    What does actus reus refer to in the legal context?

    <p>The voluntary act or physical element of a crime. (B)</p> Signup and view all the answers

    In a civil case, what is the standard of proof required for the plaintiff to win?

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

    What is one responsibility of a petit jury after hearing a criminal case?

    <p>To deliberate privately until a decision is reached. (A)</p> Signup and view all the answers

    Which statement about the functions of trial juries and grand juries is true?

    <p>Trial juries decide criminal cases, while grand juries assess preliminary evidence. (D)</p> Signup and view all the answers

    What defines recklessness in the context of criminal law?

    <p>Ignoring a substantial risk of death. (B)</p> Signup and view all the answers

    Which element is NOT part of second degree manslaughter?

    <p>Deliberate intent to kill. (B)</p> Signup and view all the answers

    What does the Federal Arbitration Act (FAA) ensure regarding arbitration agreements?

    <p>They are valid, irrevocable, and enforceable. (C)</p> Signup and view all the answers

    Which of the following is a drawback of negotiation in ADR?

    <p>Offers no guarantee of resolution. (C)</p> Signup and view all the answers

    In mediation, what is a condition under which communication is NOT privileged?

    <p>Agreement signed by all parties. (B)</p> Signup and view all the answers

    What is one benefit of using mediation over litigation?

    <p>Mediation maintains confidentiality of discussions. (B)</p> Signup and view all the answers

    What is the primary focus of criminal negligence?

    <p>Failing to recognize a substantial risk of death. (D)</p> Signup and view all the answers

    Which statement about the outcome of arbitration awards is correct under the FAA?

    <p>Arbitration awards cannot be set aside if the agreement is valid. (D)</p> Signup and view all the answers

    What is the primary focus of "due process" in legal systems?

    <p>Protecting the rights of individuals in court proceedings. (A)</p> Signup and view all the answers

    Which of the following is NOT an advantage of the rule of law?

    <p>Strengthening the power of the government. (A)</p> Signup and view all the answers

    In the United States, federal law is created by which branch of government?

    <p>Congress. (C)</p> Signup and view all the answers

    What is the significance of the Marbury v. Madison case?

    <p>It affirmed the Supreme Court's power of judicial review. (A)</p> Signup and view all the answers

    What does the term "stare decisis" refer to?

    <p>The practice of applying the law to similar cases in a consistent way. (A)</p> Signup and view all the answers

    Which of the following best describes the relationship between "stare decisis" and "precedent"?

    <p>Stare decisis is a broader concept that encompasses precedent. (D)</p> Signup and view all the answers

    Which of the following is NOT a key feature of the US legal system?

    <p>A strict adherence to the principle of stare decisis. (B)</p> Signup and view all the answers

    What is the primary difference between vertical and horizontal stare decisis?

    <p>Vertical stare decisis applies to lower courts, while horizontal stare decisis applies to courts at the same level. (C)</p> Signup and view all the answers

    Flashcards

    Inquisitorial System

    A legal system where the judge actively investigates the case.

    Adversarial System

    A legal system where two sides argue their cases before a judge.

    Legal Certainty

    Laws must be applied consistently and predictably.

    Equality Before the Law

    All individuals are treated equally under the law.

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    Fairness in Law

    Laws must be accessible, clear, and prevent discrimination.

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    Retrospective Legislation

    Laws that apply to actions taken before the law existed.

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    Role of Judges

    Judges adjudicate cases without bias and can guide proceedings.

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    Lawyer's Role

    Lawyers present evidence and argue cases in court.

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    Petit Jury

    A jury that decides criminal and civil cases, usually comprised of 6-12 jurors.

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    Criminal Case

    A trial where the government proves a defendant's guilt beyond a reasonable doubt.

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    Civil Case

    A trial that determines if the plaintiff's evidence tips the scale in their favor.

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    Grand Jury

    A jury that assesses evidence to determine if there's probable cause for a trial.

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    Indictment

    A formal charge issued by a grand jury after determining sufficient evidence.

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    Prejudice in Law

    An injury or detriment to one's legal rights or claims, impacting case outcomes.

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    Jury Deliberation

    The private process by which jurors discuss a case to reach a verdict.

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    Jury Exemptions

    Categories of individuals who may be excluded from jury duty, like public officers.

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    Due Process

    Legal principle ensuring fair trials and evidence before punishment.

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    Protection of Liberty

    Entitlement to damages if liberty is lost without evidence of guilt.

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    Rule of Law Advantages

    Ensures judicial independence, limits government power, and promotes equality.

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    Separation of Powers

    Divides government responsibilities among legislative, executive, and judicial branches.

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    Marbury v. Madison

    Landmark case establishing judicial review and constitutional authority.

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    Stare Decisis

    Legal principle of upholding precedents set by previous court decisions.

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    Horizontal Precedent

    Obligation for courts at the same level to follow their own prior decisions.

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    Vertical Precedent

    Lower courts are bound by decisions of higher courts.

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    Mediation

    A process where a neutral mediator helps parties reach an agreement without giving legal advice.

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    Arbitration

    A process where a neutral arbitrator hears a case and issues a binding decision called an arbitration award.

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    Mandatory Arbitration

    Arbitration required by contract or law with limited rights to appeal the award.

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    Binding Arbitration

    An arbitration where the award is final and cannot be appealed on its merits, but can be converted into a court judgment.

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    Limited Grounds for Review

    Courts can only review arbitration awards for misconduct, failure to hear evidence, or fraud.

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    Specific Performance

    A court order requiring a breaching party to fulfill contract obligations when monetary damages are inadequate.

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    Injunction

    A court order compelling a party to do or refrain from doing something to prevent irreparable harm.

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    Crime

    An action or inaction that violates laws and can be prosecuted by the government.

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    Felony

    A serious crime punishable by imprisonment of one year or more.

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    Mens Rea

    The mental element or intent behind committing a crime, often termed as 'evil mind'.

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    Actus Reus

    The physical act or conduct that constitutes a crime, known as 'evil act'.

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    Misdemeanor

    A lesser offense punishable by fines or short jail terms, such as DUIs or minor assaults.

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    Recklessness

    Ignoring a substantial risk of death, deviating grossly from reasonable conduct.

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    Criminal Negligence

    Failure to recognize a substantial risk of death, deviating from how a reasonable person would act.

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    Second Degree Manslaughter

    A charge for causing death through criminal negligence.

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    Alternative Dispute Resolution (ADR)

    Methods to resolve disputes outside the judicial process.

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    Federal Arbitration Act (FAA)

    Federal law requiring arbitration agreements to be enforced by courts.

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    Negotiation

    ADR method allowing parties to resolve disputes without involving outsiders.

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    Confidentiality in Mediation

    Discussions in mediation can’t be used as evidence in court.

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    Study Notes

    • Common Law vs. Civil Law: Common law emphasizes precedent, while civil law emphasizes codified law. Judges in common law systems often personalize judgments, while those in civil law systems tend to be more detached from the case's details.

    Role of Judges (Common Law)

    • Training and Recruitment: Judges usually have extensive legal experience, often as attorneys or barristers, before appointment or election.
    • Decision-Making: Judges in common law systems search for and apply relevant precedent. When precedent is unclear, judges may use previous decisions or create new precedents, which become important to future cases, which is how law slowly evolves.
    • Personalization: Opinions and approaches to decisions can vary greatly because of individual judges’ personalities, experiences and views.

    Role of Judges (Civil Law)

    • Training and Recruitment: Judges often receive specialized training/education after learning the judicial system.
    • Decision-Making: Civil law judges base their decisions on existing laws and codes and legislation, which guides the outcome of cases. They have less discretion in determining outcome or adjusting judgments than their counterpart in Common Law systems.
    • Organization: Writing legal opinions are carefully planned and thoroughly research all details. Judges gather and organize the facts of the case.
    • Precedents: Judges research similar cases (precedents) to determine how the legal argument may play out in the current case.
    • Decisions: Judges analyze precedent and facts to arrive at a new legal decision.

    Method of Arriving at Decisions (Common Law)

    • Research: Precedent is researched to guide judgments for current issues.
    • Application: Learned rules are applied to specific facts of the case.

    Method of Arriving at Decisions (Civil Law)

    • Research: Decisions are based on existing legislation.
    • Application: Established laws are applied to specific facts in a case.

    Stare Decisis

    • Horizontal: Lower courts follow precedents set by higher courts or from other courts on the same level to ensure consistency and fairness.
    • Vertical: Higher-level court rulings set precedents for lower levels within a system to guide their judgments, too ensure consistency and fairness.

    US Court System

    • Trial Court: Where legal cases initiate. Cases may be civil or criminal.
    • Appellate Courts: These courts review decisions of lower courts and to ensure they were legally correct and followed established legal procedures.
    • Supreme Court: Highest court in the US, usually only hears cases with significant legal implications.

    Fourth Lecture - Juries

    • Voir Dire: A process through which potential jurors are questioned to determine if any biases exist, making certain everyone is fair and unbiased.
    • Jury Duty: A duty to attend trials when summoned. Prospective jurors can be dismissed by attorneys and judges with valid reasons, if they do not deem them acceptable.

    Fourth Lecture - Types of Juries

    • Petit Juries: Decides criminal and civil cases.
    • Grand Juries: Determine whether there is enough evidence to indict someone in a criminal case.

    Fifth Lecture - Contract Law

    • Contract Definition: A legally binding agreement between two parties.
    • Purpose of Contract: To protect parties and ensure their promises are fulfilled.

    Fifth Lecture - Types of Contracts

    • Express Contract: Clearly stated terms.
    • Implied-in-fact Contract: Terms implied by circumstances, not explicitly expressed.
    • Quasi-Contract: Based on fairness and preventing unjust enrichment, even when no formal contract exists.
    • Mailbox Rule: Offers are accepted when the message of acceptance is sent.

    Sixth Lecture - Criminal Law

    • Crime: An act or omission violating a law which can be prosecuted by a state or federal authority..
    • Stare Decisis: The principle of following precedent helps ensure fairness and consistency in legal rulings by guiding judgements in similar cases.
    • Purpose of Criminal Law: Protect society and prevent undesirable behavior.

    Seventh Lecture - Alternative Dispute Resolution (ADR)

    • Negotiation: Directly between parties to resolve a dispute.
    • Mediation: Neutral third party assists in reaching an agreement.
    • Arbitration: Neutral third party makes a binding decision to resolve a dispute.

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    Description

    Test your knowledge on the key principles of legal systems, focusing on the adversarial and inquisitorial systems. This quiz covers topics such as the rule of law, legal certainty, mediation, and arbitration. Assess your understanding of how these concepts function within the UK legal system.

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