The law consists of a set of rules and procedures usually intended to regulate some aspect of society.
The term "law" is only used to refer to rules created and enforced by federal, state, and local governments.
Please check all of the major legal systems that developed historically.
In a common law system, laws are created by the people themselves.
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.
What is a precedent?
The example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases.
The statute that addresses the issue in a case.
The facts of the case.
The decision made by a judge in a case.
The United States created the first civil law system.
Common law systems are those based on :
the concept of precedent or stare decisis.
the decisions of a legislative body.
the common wishes of the people.
Jurisprudence, or the philosophy of law, deals with...
questions related to the origins of law
questions related to the meaning of law
the relationship of law and morality
the wishes of society
The natural theory of law is that law reflects moral and unchangeable laws of nature.
Under legal realism, the validity of a law is not related to morality. If a law is properly formed, then it is valid.
The theory of legal positivism holds that the validity of law is not related to morality.
Laws are categorized or classified in several ways. Check all that apply.
by whether the law is constitutional law, statutory law, or case law
by whether the law is substantive or procedural
by whether the law is fair or unfair
by whether the law is criminal or civil
Substantive laws define the rights and duties of parties and establish the legal basis for any lawsuit. Procedural laws relate to the enforcement of the substantive rights and duties.
Check all that are examples of substantive laws.
law that makes burglary a crime
law that gives anyone accused of burglary the right to a jury trial
Law that provides a remedy for assault
A procedural law makes murder a crime.
Jurisdiction is the power or authority to act in a certain situation; the power of a court to hear cases and render judgments.
What is one way that civil and criminal cases are different?
A civil case is brought to court by the injured party (called the plaintiff in a lawsuit) and In a criminal action, the case is brought to trial by a prosecutor employed by the state or the federal government.
A civil case is brought in a different state than the criminal case.
Only a judge can decide a civil case, but a judge only or jury only can decide a criminal case.
A hung jury means that the jury has decided on the death penalty for the plaintiff.