Test bank for introduction to law 6th edition by hames

Test Bank for Introduction to Law 6th Edition by Hames Full file at1https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Chapter Introduction to Law MULTIPLE CHOICE Choose the one alternative that best completes the statement or answers the question 1) Which of the following refers to a set of rules and procedures usually intended to regulate some aspect of society? A) Rule B) Precedent C) Law D) Code 1) 2) Which of the following refers to a legal system based primarily on written constitutions and written laws or codes? A) Civil law B) Common law C) Stare decisis D) Precedent law 2) 3) Which of the following refers to a body of law developed through the courts? A) Common law B) Precedent C) Civil law 3) D) Code 4) Which of the following refers to an example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases? A) Precedent B) Code C) Standard D) None of the above 4) 5) Which of the following refers to the study of the philosophy of law? A) Jurisprudence B) Legal negativism C) Legal positivism D) Legal realism 5) 6) Which of the following refers to a philosophical theory holding that law reflects the moral and unchangeable laws of nature? A) Legal Realism B) Legal positivism C) Jurisprudence D) Natural theory of law 6) 7) Which of the following refers to a philosophical theory holding that the validity of law is not related to morality? A) Legal positivism B) Legal Realism C) Natural theory of law D) Jurisprudence 7) 8) Which of the following refers to a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices? A) Natural theory of law B) Legal Realism C) Legal positivism D) Jurisprudence 8) 9) Which of the following refers to a method for categorizing or classifying laws? A) Whether the law is criminal or civil B) Whether the law is substantive or procedural C) Whether the law is constitutional law, statutory law or case law D) All of the above 9) 10) Which of the following refers to a non-contractual civil wrong? A) Offense B) Tort C) Fault D) Regulation 10) Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Test Bank for Introduction to Law 6th Edition by Hames Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames 11) Which of the following define the rights and duties of parties and establish the legal bases for any lawsuit? A) Fundamental laws B) Substantive laws C) Procedural laws D) Basic laws 11) 12) Which of the following relate to the enforcement of the substantive rights and duties? A) Substantive laws B) Fundamental laws C) Procedural laws D) Basic laws 12) 13) Which of the following refers to the procedural rules adopted by all courts regulating practice in the court? A) Jurisdiction B) Due process of court C) Rules of court D) None of the above 13) 14) Which of the following refers to the power of authority to act in a certain situation; the power of a court to hear cases and render judgements? A) Rules of court B) Due process of law C) Jurisdiction D) All of the above 14) 15) Which of the following refers to an act in violation of a criminal statute? A) Indigent B) Act C) Crime 15) D) All of the above 16) Which of the following refers to the amount of proof necessary for most civil cases? A) Probable cause B) Preponderance of the evidence C) Beyond a reasonable doubt D) Burden of proof 16) 17) Which of the following refers to the amount of proof necessary for conviction in a criminal case? A) Beyond a reasonable doubt B) Burden of proof C) Probable cause D) Preponderance of the evidence 17) 18) Which of the following refers to a finding of responsibility in a civil case? A) Liable B) Accountable C) Guilty 18) 19) Which of the following refers to a finding of not guilty in a criminal case? A) Innocent B) Acquittal C) Nolo contender D) Responsible D) Hung jury 20) Which of the following refers to a summary of a Supreme Court case written by the reporter of decisions? A) Brief B) Writ C) Case law D) Syllabus 19) 20) TRUE/FALSE Write 'T' if the statement is true and 'F' if the statement is false 21) A set of rules and procedures usually intended to regulate some aspect of society is known as law 21) 22) The origins and development of laws and legal systems are rarely based on the actions of government and religion 22) 23) The term "common law," as used to describe a legal system, refers to a system based primarily on written constitutions and written laws or codes 23) Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Test Bank for Introduction to Law 6th Edition by Hames Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames 24) Civil law is a body of laws developed through the courts 24) 25) Common law systems are those based on the concept of precedent or stare decisis 25) 26) Natural theory of law is a philosophical theory holding that law reflects the moral and unchangeable laws of nature 26) 27) Legal positivism is a philosophical theory holding that the validity of law is not related to morality 27) 28) Legal realism is a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices 28) 29) Laws are categorized in one way: whether the law is constitutional law, statutory law, or case law 29) 30) Procedural laws define the rights and duties of parties and establish the legal basis for any lawsuit 30) 31) Substantive laws relate to the enforcement of the substantive rights and duties 31) 32) Crimes define behavior that society has declared illegal and has decided to punish 32) 33) Rules of court are laws that are adopted by various courts with power given to the courts by the legislature 33) 34) Defendants have a right to due process of law 34) 35) Jurisdiction is defined as the power or authority to act in a certain situation; the power of a court to hear cases and render judgments 35) 36) Beyond a reasonable doubt is defined as the amount of proof necessary for most civil cases; more likely than not 36) 37) Preponderance of the evidence is defined as the amount of proof necessary for a conviction in a criminal case 37) 38) An acquittal is a finding of not guilty in a criminal case 38) 39) A jury is a jury that cannot attain the necessary consensus or majority to reach a verdict 39) 40) In a criminal case, the defendant is always the representative of the government 40) SHORT ANSWER Write the word or phrase that best completes each statement or answers the question 41) refers to rules created and enforced by federal, state, and local governments 41) 42) Historically, the two major types of legal systems that developed were civil law systems and systems 42) Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Test Bank for Introduction to Law 6th Edition by Hames Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames 43) The legal system based primarily on written constitutions and written laws or codes is known as a(n) system 43) 44) Common law systems are based on the concept of or "stare decisis." 44) 45) The philosophical theory of law that holds that law reflects the moral and unchangeable laws of nature is known as the theory of law 45) 46) The philosophical theory of law that holds that the validity of law is not related to morality is known as legal 46) 47) One of the ways that laws are is whether the law is constitutional law, statutory law, or case law 47) 48) Laws that define the rights and duties of parties and establish the legal basis for any lawsuit are known as laws 48) 49) Laws that relate to the enforcement of the substantive rights and duties are known as laws 49) 50) If the court finds against the defendant in a civil case, the defendant is said to be 50) Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Test Bank for Introduction to Law 6th Edition by Hames Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames MATCHING Choose the item in column that best matches each item in column Match the following 51) Civil law 52) Common law 53) Code 54) Precedent 55) Legal positivism 56) Legal realism 57) Rules of court 58) Jurisdiction 59) Preponderance of the evidence 60) Beyond a reasonable doubt A) The example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases B) A legal system based on written laws or codes C) The amount of proof necessary for a conviction in a criminal case D) A body of law developed through the courts E) The amount of proof necessary for most civil cases; more likely than not 51) 52) 53) 54) 55) 56) 57) 58) F) A topical organization of statutes 59) G) The power or authority to act in a certain situation; the power of a court to hear cases and render judgments 60) H) Procedural rules adopted by all courts regulating practice in the court I) A philosophical theory holding that the validity of law is not related to morality J) A philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices ESSAY Write your answer in the space provided or on a separate sheet of paper 61) Identify and discuss two examples of historical origins of a civil law legal system 62) Compare and contrast civil law and common law legal systems 63) Identify and discuss the three major philosophical theories of law 64) Identify and discuss the three important ways used for categorizing laws 65) Define "burden of proof" and then compare and contrast the burden of proof in criminal and civil cases Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Test Bank for Introduction to Law 6th Edition by Hames Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames 66) Does a civil law legal system or a common law legal system provide greater fairness for the average citizen? Why? 67) Why is the burden of proof different in criminal and civil cases? Should the burden of proof be raised in civil cases or lowered in criminal cases to make them equal? Explain Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Test Bank for Introduction to Law 6th Edition by Hames Full file Key at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Answer Testname: UNTITLED1 1) C 2) A 3) D 4) A 5) A 6) C 7) A 8) B 9) D 10) B 11) B 12) C 13) C 14) C 15) C 16) B 17) D 18) A 19) B 20) D 21) TRUE 22) FALSE 23) FALSE 24) FALSE 25) TRUE 26) TRUE 27) TRUE 28) TRUE 29) FALSE 30) FALSE 31) FALSE 32) TRUE 33) TRUE 34) TRUE 35) TRUE 36) FALSE 37) FALSE 38) TRUE 39) TRUE 40) FALSE 41) Law 42) common law 43) civil law 44) precedent 45) natural 46) positivism 47) categorized/classified 48) substantive 49) procedural 50) liable Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Test Bank for Introduction to Law 6th Edition by Hames Full file Key at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Answer Testname: UNTITLED1 51) B 52) D 53) F 54) A 55) I 56) J 57) H 58) G 59) E 60) C 61) [key points to be made] Answers will vary, but may include: • Code of Hammurabi • Napoleonic Code 62) [key points to be made] • The term civil law as used to describe a legal system refers to a system based primarily on written constitutions and written laws or codes In such legal systems, a ruler or legislative body creates an extensive set of rules or regulations to govern The role of courts in such systems is limited • Common law systems, on the other hand, are based on precedent or case law 63) [key points to be made] • Legal positivism is a philosophical theory holding that the validity of law is not related to morality • Natural theory of law is a philosophical theory holding that law reflects the moral and unchangeable laws of nature • Legal realism is a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices 64) [key points to be made] • Whether the law is constitutional law, statutory law, or case law • Whether the law is substantive or procedural and • Whether the law is criminal or civil 65) [key points to be made] • Burden of proof is the necessity of establishing a particular fact or the necessity of going forward with the evidence • Preponderance of the evidence is the amount of proof necessary for most civil cases; more likely than not • Beyond a reasonable doubt is the amount of proof necessary for a conviction in a criminal case 66) Answers will vary 67) Answers will vary Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames ... https://TestbankDirect.eu /Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Test Bank for Introduction to Law 6th Edition by Hames Full file at https://TestbankDirect.eu /Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames. .. https://TestbankDirect.eu /Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Test Bank for Introduction to Law 6th Edition by Hames Full file at https://TestbankDirect.eu /Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames. .. https://TestbankDirect.eu /Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames Test Bank for Introduction to Law 6th Edition by Hames Full file at https://TestbankDirect.eu/Test-Bank-for-Introduction-to-Law-6th-Edition-by-Hames