Chapter 2 Flashcards
The first known written legal code and expressed a retributivist “eye for an eye”
Code of Hammurabi
What was the first entirely secular written legal code?
The Twelve Tables
The common law was a judge made law.
True
Under the common law system, every final decision by a court creates what?
Precedent
All courts in a state are bound to follow the decisions of the highest court in the state, usually known as the
state Supreme Court
All federal and state courts are bound to follow the decisions of the United States Supreme Court, the highest court in the land.
True
“Let the decision stand” refers to what concept?
Stare Decisis
In the United States, the criminal courts utilize the adversary system to establish the guilt of a criminal defendant.
True
What refers to the obligation placed on one side to produce evidence, to make a prima facie showing on a particular issue.
Burden of production
A _______ _______ showing means enough evidence to justify submission of the matter to the jury if unchallenged by the other side.
Prima Facie
A prima Facie is also referred to as what?
The burden of going forward
In a criminal case who has the burden of production?
Prosecution
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.
Directed Verdict
What is the burden placed upon a party to convince the jury with regard to a particular issue.
Burden of persuasion
The burden of persuasion is sometimes referred to as the what?
Burden of Proof
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 ______ __ _________.
Justify a conviction
In civil matters, the burden of proof is typically by a preponderance of the evidence.
True
The facts asserted are more probably true than false.
Preponderance of the evidence
In criminal trials, the burden of proof is proof beyond a reasonable doubt.
True
The facts asserted are highly probable and established to the level of a moral certainty.
Proof beyond a reasonable doubt
The facts asserted are quite likely true.
Clear and convincing evidence
What lies somewhere between proof by a preponderance of the evidence and proof beyond a reasonable doubt?
Clear and convincing evidence
Most current definitions of ___________ are derived from Chief Justice Shaw’s in-cited opinion.
reasonable doubt
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.
True
One study showed that jurors quantified “reasonable doubt” as how much percent? and another study as how much percent?
87
86
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.
Affirmative Defense
Defense
________________ 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.
Proof by a preponderance of the evidence
51
Clear and Convincing evidence is around what percent?
75 percent
What is a judicially created remedy for violations of the fourth amendment.
Exclusionary rule
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.
True
The exclusionary rule was applied by the United States Supreme Court to the states in what court case?
Mapp v. Ohio
What was the primary purpose of the exclusionary rule?
To deter police misconduct
Illegally seized evidence could be turned over to federal law enforcement officers is what doctrine?
Silver Platter Doctrine
By “___________” the Court meant that the police were unaware that the warrant was invalid.
good faith
“Good Faith” only applies to situations where the police relied on others who, it later turned out made a mistake.
True
What case did inevitable discovery get developed?
Nix v. Williams
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?
Inevitable Discovery exception
Inevitable discovery does not apply to evidence presented to the grand jury.
True
