Types and Sources of Law Quiz

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Questions and Answers

In civil law, what is the primary goal when resolving a dispute?

To compensate the plaintiff (correct)

To establish precedents

To provide public safety

To punish the offender

Which of the following is a characteristic of criminal law?

Has a preponderance of evidence standard

Focuses on monetary compensation

Requires a unanimous jury verdict (correct)

Involves private parties

What is the standard of proof in civil law?

Clear and convincing evidence

Preponderance of evidence (correct)

Probable cause

Beyond a reasonable doubt

What is 'Voir Dire' in the jury selection process?

A process to select unbiased jurors Signup and view all the answers

Which type of law sets the rights and duties of individuals in society?

Substantive Law Signup and view all the answers

What does alternative dispute resolution (ADR) imply for a party involved in a legal dispute?

Potential loss of the chance to go to trial Signup and view all the answers

What is the role of the mediator in mediation?

To help parties reach a mutually agreeable resolution Signup and view all the answers

What is the significance of the case Marbury v. Madison in relation to constitutional law?

Established the principle of judicial review Signup and view all the answers

What is the primary purpose of deterrence in criminal law?

To prevent future crimes through fear of punishment Signup and view all the answers

Which of the following best defines 'mens rea' in the context of a crime?

The criminal intent or state of mind Signup and view all the answers

Which amendment protects against unreasonable searches and seizures?

Fourth Amendment Signup and view all the answers

What does corporate criminal liability entail?

Corporations can be liable for actions taken by employees during their jobs Signup and view all the answers

What is 'rough justice' in the context of legal concepts?

Common law rules that produce unfair results Signup and view all the answers

Which of the following is NOT a purpose of sanctions in criminal law?

Affirmation of societal values Signup and view all the answers

What does the term 'stare decisis' refer to in the legal system?

The principle of respecting judicial precedents Signup and view all the answers

In legal terms, what does 'rescission' mean?

To cancel a contract and restore parties to their original positions Signup and view all the answers

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

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.
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.
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

Purposes of Sanctions:
- Retribution aims to punish offenders.
- Deterrence seeks to prevent crime through punishment.
- Rehabilitation focuses on changing offender behavior.
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.