Questions and Answers
In civil law, what is the primary goal when resolving a dispute?
Which of the following is a characteristic of criminal law?
What is the standard of proof in civil law?
What is 'Voir Dire' in the jury selection process?
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Which type of law sets the rights and duties of individuals in society?
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What does alternative dispute resolution (ADR) imply for a party involved in a legal dispute?
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What is the role of the mediator in mediation?
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What is the significance of the case Marbury v. Madison in relation to constitutional law?
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What is the primary purpose of deterrence in criminal law?
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Which of the following best defines 'mens rea' in the context of a crime?
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Which amendment protects against unreasonable searches and seizures?
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What does corporate criminal liability entail?
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What is 'rough justice' in the context of legal concepts?
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Which of the following is NOT a purpose of sanctions in criminal law?
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What does the term 'stare decisis' refer to in the legal system?
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In legal terms, what does 'rescission' mean?
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Study Notes
Types and Sources of Law
- Major categories include Civil Law and Criminal Law, each with distinct parties, goals, and processes.
Civil Law
- Involves private parties seeking compensation for damages.
- The objective is to make the plaintiff whole.
- Decisions are based on "preponderance of evidence"—more likely than not.
- A jury's decision requires a three-quarters majority agreement.
Criminal Law
- Governed by the government with the goal of upholding justice through sanctions.
- Focuses on retribution, deterrence, and rehabilitation of offenders.
- A jury must reach a unanimous verdict.
- The standard of proof is "beyond a reasonable doubt," emphasizing presumed innocence until proven guilty.
Substantive and Procedural Law
- Substantive Law: Defines rights and duties of individuals in society.
- Procedural Law: Manages how laws are enforced and dictates government operations.
Civil Procedure Overview
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Pleadings: Initial documents filed to start or respond to a lawsuit.
- Complaint: Filed by plaintiff to initiate action.
- Answer: Defendant’s response to the complaint.
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Discovery: Process that allows parties to gather evidence.
- Interrogatories: Written questions requiring responses.
- Request for Production: Document retrieval needed for the case.
- Depositions: Oral testimonies to evaluate witness credibility.
Trial Process
- Jury Selection: Conducted through "Voir Dire" to ensure impartiality.
- Opening Statements: Plaintiff outlines their case.
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Direct and Cross-Examination:
- Direct examination uses open-ended questions.
- Cross-examination allows leading questions to challenge an opponent’s witness.
- Closing Argument: Final summation of each side's case before the jury verdict.
Alternative Dispute Resolution (ADR)
- Cons includes the potential loss of a trial, stress, and time consumption.
- Settlement: Financial compensation to resolve disputes.
- Arbitration: Neutral third party makes a binding or non-binding decision.
- Mediation: Facilitates a mutually agreeable solution between parties.
Constitutional Law
- Judicial Review: Established by Marbury v. Madison for Constitutional interpretation.
- Federal Preemption: Federal laws take precedence over conflicting state laws.
- States can create laws for welfare, health, and safety.
- Commerce Clause: Regulates trade across state lines, differentiating between interstate and intrastate commerce.
- First Amendment: Protects freedom of speech, with certain restrictions on dangerous and commercial speech.
Criminal Law and Procedures
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Purposes of Sanctions:
- Retribution aims to punish offenders.
- Deterrence seeks to prevent crime through punishment.
- Rehabilitation focuses on changing offender behavior.
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Elements of a Crime:
- Mens Rea: Intent to commit a crime.
- Actus Reus: The actual criminal act.
- White-Collar Crime: Non-violent crimes typically involving deceit, such as tax evasion.
- Corporate Criminal Liability: Corporations can be liable for employee crimes within employment scope.
Constitutional Protections and Warrantless Searches
- Fourth Amendment: Protects against unreasonable searches and seizures.
- Warrantless searches permitted under specific conditions like stop-and-frisk or hot pursuit scenarios.
Legal Concepts Summary
-
Equity in Law:
- Injunction: Court orders to compel or prohibit actions.
- Rough Justice: Adjustments to avoid unfair outcomes from strict common law.
- Specific Performance: Mandates enforcement of contract terms.
- Reformation: Court rewrites contracts to reflect true intentions.
- Rescission: Terminates contracts and reverts parties to original positions.
Sources of Law
- US Constitution: The supreme law of the land.
- Statutes: Laws passed by Congress.
- Case Law/Common Law: Judicial decisions that inform future cases, guided by the principle of stare decisis.
- Administrative Regulations: Rules set by regulatory agencies, involving delegation from legislatures.
- Administrative Agencies: Non-elected bodies with courts to address cases under their regulations.
- Agency Decisions: Legally binding judgments, sometimes appealable in court.
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Description
Test your knowledge on the differences between civil law and criminal law. This quiz covers the roles of private parties and government in the legal system, the goals of each legal type, and the standards of evidence required. Ideal for law students or anyone interested in legal principles.
