Overview Of The Legal System Flashcards
Under a common law legal system, judges are not bound by precedent and are free to decide cases based on their interpretation of the matters at issue.
A. True
B. False
False
Debarment is an administrative penalty that temporarily suspends an individual’s professional license.
A. True
B. False
False
Which type of administrative penalty excludes an individual or business from participating in a government program?
A. License suspension
B. Non-participation order
C. Debarment
D. License revocation
C. Debarment
The body of judge-made law that developed from England and is still used today in many jurisdictions is called:
A. Consensus law
B. Original law
C. Statutory law
D. Common law
D. Common law
Which of the following statements concerning judges and juries is MOST ACCURATE?
A. Inquisitorial judicial processes are those that do not use juries in a fact-finding role.
B. Juries primarily decide issues of law in adversarial jurisdictions.
C. In serious cases, some inquisitorial jurisdictions use juries that include both judges and laypersons.
D. In a bench trial in adversarial jurisdictions, the judge only decides questions of law.
C. In serious cases, some inquisitorial jurisdictions use juries that include both judges and laypersons.
Which of the following types of law is created by legislatures?
A. Common law
B. Statutory law
C. Case law
D. All of the above
B. Statutory law
Which of the following is NOT a common type of administrative penalty?
A. Monetary fines
B. Debarment
C. License suspension
D. Imprisonment
D. Imprisonment
In adversarial judicial processes, which of the following parties typically gathers evidence for the case and conducts the questioning of witnesses at trial?
A. The parties or their legal counsel
B. The judge or magistrate
C. The jury
D. The court clerk
A. The parties or their legal counsel
In a jurisdiction that features an inquisitorial judicial process, the parties primarily drive the evidence-gathering portion of judicial proceedings and conduct the questioning of witnesses.
A. True
B. False
False
Walters is the mayor of a midsize town. Because he is well known and liked in the town, the prosecutor wants to move the trial to another town in which Walters is not known. The prosecution believes that such a move will ensure a more unbiased verdict. If the prosecution wishes to move the trial to a different city, it must request which of the following?
A. An appeal
B. Change of jurisdiction
C. Change of venue
D. A new trial
C. Change of venue
Suppose that a party obtains a judgment against a foreign defendant in a domestic court. Which of the following accurately describes the effect of that judgment?
A. The judgment might be used to seize the defendant’s assets in a foreign jurisdiction whose internal laws recognize the judgment
B. The judgment might be used to seize the defendant’s assets in a foreign jurisdiction that has a treaty with the domestic jurisdiction for the enforcement of judgments
C. The judgment might be used to seize the defendant’s assets located in the domestic country
D. All of the above
D. All of the above
Judges in civil law jurisdictions are NOT bound by previous court decisions, but in practice, many do use previous decisions to guide their interpretations of codes and statutes.
A. True
B. False
True
Angela and Michael live in two different countries. Angela believes that she has been financially harmed by Michael and wants to bring a lawsuit against him. Which of the following courts would be the MOST LIKELY to have jurisdiction to hear the case?
A. Whichever court in which Angela, the plaintiff, prefers the case to be brought
B. Whichever court in which Michael, the defendant, prefers the case to be brought
C. A court in the country where the harm was done
D. Any court that hears cases involving the type of financial harm caused
C. A court in the country where the harm was done
Which of the following situations BEST illustrates parallel proceedings?
A. A criminal defendant who is also subject to a civil suit regarding the same conduct alleged in the criminal action
B. A civil defendant who is being sued by two or more plaintiffs for the same conduct that caused them harm
C. A civil defendant who is found not liable at trial but is sued again by the same plaintiff for the same offense
D. A criminal defendant who is found not guilty at trial but is indicted again for the same alleged violation
A. A criminal defendant who is also subject to a civil suit regarding the same conduct alleged in the criminal action
Which of the following refers to a court’s power to hear and decide a given case?
A. Jurisdiction
B. Political domain
C. Venue
D. Res judicata
A. Jurisdiction
