Chapter 2

Question 1

The first known written legal code and expressed a retributivist “eye for an eye”

Answer 1

Code of Hammurabi

Question 2

What was the first entirely secular written legal code?

Answer 2

The Twelve Tables

Question 3

The common law was a judge made law.

Answer 3

True

Question 4

Under the common law system, every final decision by a court creates what?

Answer 4

Precedent

Question 5

All courts in a state are bound to follow the decisions of the highest court in the state, usually known as the

Answer 5

state Supreme Court

Question 6

All federal and state courts are bound to follow the decisions of the United States Supreme Court, the highest court in the land.

Answer 6

True

Question 7

“Let the decision stand” refers to what concept?

Answer 7

Stare Decisis

Question 8

In the United States, the criminal courts utilize the adversary system to establish the guilt of a criminal defendant.

Answer 8

True

Question 9

What refers to the obligation placed on one side to produce evidence, to make a prima facie showing on a particular issue.

Answer 9

Burden of production

Question 10

A _______ _______ showing means enough evidence to justify submission of the matter to the jury if unchallenged by the other side.

Answer 10

Prima Facie

Question 11

A prima Facie is also referred to as what?

Answer 11

The burden of going forward

Question 12

In a criminal case who has the burden of production?

Answer 12

Prosecution

Question 13

A failure by the prosecution to introduce evidence of each element of the crime charged will result in a _______ ________ for the defendant, without any requirement that the defense introduce evidence or call any witnesses.

Answer 13

Directed Verdict

Question 14

What is the burden placed upon a party to convince the jury with regard to a particular issue.

Answer 14

Burden of persuasion

Question 15

The burden of persuasion is sometimes referred to as the what?

Answer 15

Burden of Proof

Question 16

While the burden of production merely requires the prosecution to provide some evidence, the burden of proof requires the prosecution to provide evidence sufficient to ______ __ _________.

Answer 16

Justify a conviction

Question 17

In civil matters, the burden of proof is typically by a preponderance of the evidence.

Answer 17

True

Question 18

The facts asserted are more probably true than false.

Answer 18

Preponderance of the evidence

Question 19

In criminal trials, the burden of proof is proof beyond a reasonable doubt.

Answer 19

True

Question 20

The facts asserted are highly probable and established to the level of a moral certainty.

Answer 20

Proof beyond a reasonable doubt

Question 21

The facts asserted are quite likely true.

Answer 21

Clear and convincing evidence

Question 22

What lies somewhere between proof by a preponderance of the evidence and proof beyond a reasonable doubt?

Answer 22

Clear and convincing evidence

Question 23

Most current definitions of ___________ are derived from Chief Justice Shaw’s in-cited opinion.

Answer 23

reasonable doubt

Question 24

In 1970, the Court in re Winship applied the reasonable doubt standard to juvenile adjudications, and stated that the reasonable doubt standard was a constitutionally required protection for a criminal defendant.

Answer 24

True

Question 25

One study showed that jurors quantified “reasonable doubt” as how much percent? and another study as how much percent?

Answer 25

87

86

Question 26

Alibi, self-defense, necessity, consent, or insanity, he or she must introduce evidence to support that defense. Thus, the burden of production may shift to the _______ in certain cases.

Answer 26

Affirmative Defense

Defense

Question 27

________________ is the burden of proof used in civil trials, and it is often quantified as ___ percent sure or, in other words, if the jury believes it is more likely than not.

Answer 27

Proof by a preponderance of the evidence

51

Question 28

Clear and Convincing evidence is around what percent?

Answer 28

75 percent

Question 29

What is a judicially created remedy for violations of the fourth amendment.

Answer 29

Exclusionary rule

Question 30

The exclusionary rule provides that any evidence obtained by law enforcement officers in violation of the fourth amendment guarantee against unreasonable searches and seizures is not admissible in a criminal trial to prove guilt.

Answer 30

True

Question 31

The exclusionary rule was applied by the United States Supreme Court to the states in what court case?

Answer 31

Mapp v. Ohio

Question 32

What was the primary purpose of the exclusionary rule?

Answer 32

To deter police misconduct

Question 33

Illegally seized evidence could be turned over to federal law enforcement officers is what doctrine?

Answer 33

Silver Platter Doctrine

Question 34

By “___________” the Court meant that the police were unaware that the warrant was invalid.

Answer 34

good faith

Question 35

“Good Faith” only applies to situations where the police relied on others who, it later turned out made a mistake.

Answer 35

True

Question 36

What case did inevitable discovery get developed?

Answer 36

Nix v. Williams

Question 37

What permits the use at trial of evidence illegally obtained by the police if they can demonstrate that why would have discovered the evidence eventually by legal matters?

Answer 37

Inevitable Discovery exception

Question 38

Inevitable discovery does not apply to evidence presented to the grand jury.

Answer 38

True