Law & Judicial Process

Question 1

What are the rules that people live by? (3)

Answer 1

Moral Precepts
Customs
Law

Question 2

• Rules of behavior based on ideas of right
  and wrong
• People obey them because they believe it
  is good to do so, not because they fear
  some kind of earthly retribution from other
  people.

Answer 2

Moral Precepts

Question 3

• Rules of behavior based on long-established and
  widespread ways in which most people actually
  behave.
• The most powerful regulators of all in
  most primitive societies and even in industrialized
  nations they play an important role

Answer 3

Customs

Question 4

Body of rules emanating from government and
enforceable by courts.

Answer 4

Laws

Question 4

What are the types of laws classified by source

Answer 4

1. Constitutional Law
2. Statutory Law
3. Administrative Law
4. Common Law
5. Roman and Civil Law

Question 5

What are the types of laws classified by subject matter

Answer 5

1. Civil Law
2. Criminal Law

Question 6

A body of fundamental rules, written and
unwritten, by which its government
operates.

Regarded as the most fundamental of all
types of laws

Answer 6

Constitutional Law

Question 7

It consists of all the rules enacted by the
legislature that command or prohibit some
form of behavior.

Answer 7

Statutory Law

Question 8

The total body of rules made by executive and administrative agencies within certain specified limits, authorized by the constitutions and the legislatures.

Answer 8

Administrative Law

Question 9

Judge-declared law. Law which exists and
applies to a group on the basis of customs
and legal precedents developed over
hundreds of years in Britain .

Answer 9

Common Law

Question 10

The rules developed by the Court of Chancery outside the common law.

Answer 10

Equity Law

Question 11

It consists of a body of rules and procedures that, though differing somewhat from nation to nation is based upon the jus civile of ancient Rome, which was rediscovered and adopted by European judges in the early Middles Ages.

Answer 11

Roman and Civil Law

Question 12

Law that deals with crimes.

Answer 12

Criminal Law

Question 13

A wrong committed against the whole
community
“An act done in violation of those duties which an
individual owes to the community and for the breach of which the law has provided that the offender shall make satisfaction to the public.”

Answer 13

Crime

Question 14

More serious crimes

Answer 14

Felonies

Question 15

less serious crimes

Answer 15

Misdemeanors

Question 16

It deals with wrongs committed by one private individual against another but not considered to be damaging to the whole community.

Answer 16

Civil Law

Question 17

What are the three special judicial functions?

Answer 17

Law enforcement
Dispute settlement
Judicial review

Question 18

Involves:
Ascertaining the facts
Interpreting and Applying the Law
Punishing the offender

Answer 18

Law enforcement

Question 19

Essence of any case at law is a dispute over the merits of the plaintiff’s complaint against the defendant

Answer 19

Dispute Settlement

Question 20

One who makes a complaint against the
other party

Answer 20

Plaintiff

Question 21

One who is sued or accused in a
court of law

Answer 21

Defendant

Question 22

The power of a court to render a legislative or executive act null and void on grounds of unconstitutionality.

Answer 22

Judicial Review

Question 23

What are the two basic systems of justice?

Answer 23

Adversarial
Inquisitorial

Question 24

A system in which a neutral court hears the arguments and evidence presented by the plaintiff and the defendant and makes its decision on the basis of what it has heard.

Answer 24

Adversarial

Question 25

A system in which the court takes an active role in obtaining evidence and questioning witnesses as the basis for its decisions.

Answer 25

Inquisitorial

Question 26

What is the general structure of hierarchies of appeal?

Answer 26

Preliminary courts General trial courts Intermediate courts of appeal Supreme courts

Question 27

Lower courts on the judicial ladder Tribunals have the power try only small civil cases and misdemeanors, and most refer major cases to the next level of courts.

Answer 27

Preliminary courts

Question 28

Courts authorized to try most civil and criminal cases.

Answer 28

General trial courts

Question 29

Mainly hear appeals from the trial courts and rarely or never act as trial courts.

Answer 29

Intermediate courts of appeal

Question 30

In each nation, this tribunal acts as the final court of appeal. In some nations, the tribunal also acts as a trial court in a few special cases.

Answer 30

Supreme courts

Question 31

In Great Britain, lawyers are separated into two categories. What are they?

Answer 31

Solicitors Barristers

Question 32

“office lawyers”; give advice and prepare documents but can appear only in certain lower courts.

Answer 32

Solicitors

Question 33

“trial lawyers”; can appear before all courts, do the actual pleading before the higher courts, and from whose ranks all higher court judges are appointed

Answer 33

Barristers

Question 34

In France, there are three classes of lawyers:

Answer 34

Avouets Avocats Notaires

Question 35

(french) comparable to British solicitors.

Answer 35

Avouets

Question 36

(french) analogous to British barristers

Answer 36

Avocats