Burden Of Proof Explained

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The American criminal justice system is built of the ides of ______________. Question * options: Hobbes Locke and Bentham Montesquieu and Locke Beccaria and Bentham Bentham and Hobbes
The American criminal justice system is generally built on the ideas of Beccaria and Bentham. They are known for their contributions to the classical school of criminology and the development of utilitarianism, respectively.
__________ asserted that there are four types of law. Question * options: Aristotle Saint Thomas Aquinas John Rawls Hobbes Locke
The assertion of four types of law is attributed to Saint Thomas Aquinas. His categorization includes eternal law, divine law, natural law, and human law.
Questions orally given to a party in the case are called ___________. Question * options: interrogatories depositions
Questions orally given to a party in the case are called "depositions". This is a part of the discovery process where a party or witness gives sworn evidence.
Which defines higher concepts of right and wrong. Question * options: Eternal law Devine law Natural law a b & c
The higher concepts of right and wrong are defined by both Eternal law and Divine law. Therefore, the answer to your question would be option "a, b & c". These laws, according to Saint Thomas Aquinas, are integral in understanding morality and ethics.
__________________ asserts that the purpose of government is to protect the right to life, liberty, and property. Question * options: Hobbes Locke Montesquieu Beccaria Bentham
The assertion that the purpose of government is to protect the right to life, liberty, and property is attributed to John Locke.
The ___________ prevents the government from choosing between people and treating some people differently than others. Question * options: due process clause equal protection clause
The clause that prevents the government from choosing between people and treating some people differently than others is the "equal protection clause".
A ___________ is filed by a defendant against a party not listed in the original lawsuit. Question * options: counterclaim cross-claim third-party claim
A third-party claim is usually filed by a defendant against a party not listed in the original lawsuit. This allows the defendant to bring a third party into the litigation for any liability they may hold.
___________ focuses on how the government uses criminal and civil trials to deprive a person of life, liberty, or property. Question * options: Procedural due process Substantive due process
The focus on how the government uses criminal and civil trials to deprive a person of life, liberty, or property is associated with "Procedural due process". This process ensures fairness in such proceedings.
You are arrested without a warrant. The prosecution must establish there is enough evidence to prove a crime occurred and you did it at the _____________. Question * options: preliminary arraignment preliminary hearing arraignment
The prosecution must establish there is enough evidence to prove a crime occurred and you did it at the "preliminary hearing". This hearing determines if there's enough evidence to proceed with a trial.
After the prosecution case in chief is completed, the defense asks the court to grant a ____________. Question * options: motion to dismiss motion for a judgment of acquittal motion to set aside the verdict
After the prosecution case in chief is completed, the defense generally asks the court to grant a "motion for a judgment of acquittal". This motion is made when the defense believes that the prosecution's evidence is insufficient to prove guilt beyond a reasonable doubt.
_____________ is a power to rule that the law violates the constitution. Question * options: Sovereign powers Separation of power Checks and balances Federalism Judicial review
The power to rule that a law violates the constitution is known as "Judicial review". This principle allows courts to decide on the constitutionality of legislation or government actions.
The court formally informs you of the charge and you are going to trial at the ___________. Question * options: preliminary arraignment preliminary hearing arraignment
The court formally informs you of the charge and you are going to trial at the "arraignment". This is the stage in the criminal process where you are formally told of the charges against you and you enter a plea.
__________________ asserted that Law is an ordering of reason for the common good. Question * options: Aristotle Saint Thomas Aquinas John Rawls Hobbes Locke
The statement that "Law is an ordering of reason for the common good" is attributed to Saint Thomas Aquinas. He emphasized the connection between law, reason, and the common good in his philosophical works.
John is a rapper and he created the persona of a former gang member and drug dealer. In his music, he claims to be OG killer and represents the life of a gangster. In fact, he was never a gang member or a drug dealer. He took material for his music and persona from a real-life person, Adam Swift. Swift was in prison for 20 years. When released he sued John for misappropriation of rights to publicity. John's attorney will claim ____________ as a defense. Question * options: right to be free from personal economic exploitation right to creative expression
John's attorney will likely claim "right to creative expression" as a defense. This right is tied to the First Amendment, which protects artistic and expressive freedom, even if it is based on real-life individuals or events. However, the specifics can vary based on the exact details of the case.
The plaintiff can prove the action caused the injury and that the defendant engaged in ultrahazardous activity. The plaintiff can secure damages under _________. Question * options: misfeasance nonfeasance negligence strict liability
The plaintiff can secure damages under "strict liability". This legal doctrine applies when a defendant's actions are considered inherently dangerous or ultrahazardous, even if they took precautions to prevent harm.
_________________ asserts trial by torture is barbarous and has no utility. Question * options: Hobbes Locke Montesquieu Beccaria Bentham
The assertion that trial by torture is barbarous and has no utility is attributed to Cesare Beccaria. He was a prominent Italian criminologist and jurist who strongly opposed torture and capital punishment.
___________ jurisdiction is when the court has authority over the legal issue of the case. Question * options: Subject matter Personal Venue
The term "subject matter jurisdiction" is used when the court has authority over the legal issue of the case. This refers to the court's power to hear and decide the type of case before it.
The burden of proof for pre-trial motions in a criminal case is _____________. Question * options: beyond a reasonable doubt clear and convincing evidence preponderance of the evidence probable cause reasonable suspicion
The burden of proof for pre-trial motions in a criminal case generally falls under the "preponderance of the evidence" standard. This means the party must convince the court that their argument is more likely to be true than not.
____________ asserts that the validity and meaning of a law is determined by logic and the text of the law. Question * options: Legal formalism Legal positivism Legal realism Originalism Living Theory
The assertion that the validity and meaning of a law are determined by logic and the text of the law is attributed to "Legal formalism". This legal theory emphasizes that judges should apply the law as it is written, without considering factors outside the text.
The phrase all men are created equal" is in the preamble of the Constitution." Question * options: TRUE FALSE
The statement that the phrase "all men are created equal" is in the preamble of the Constitution is FALSE. This phrase is in the Declaration of Independence, not the U.S. Constitution.
__________ asserted that the criminal justice system should be rational based on deterrence. Question * options: Hobbes Locke Montesquieu Beccaria Bentham
The assertion that the criminal justice system should be rational and based on deterrence is attributed to Cesare Beccaria. He was a pioneer in the field of criminology and believed in preventing crime through rational laws and fair punishment.
Andy, a high school freshman, signs a contract to buy a car from Jones Car Sales. Andy decides a day later not to buy the car. The owner sues Andy for breach of contract. The contract is ________. Question * options: valid void voidable unenforceable
The contract Andy, a high school freshman, signed to buy a car would generally be considered "voidable". This is due to his status as a minor, which typically gives him the legal right to cancel most contracts until he reaches the age of majority.
Under federal law the courts can determine if a religious action can be regulated to maintain law and order. Question * options: TRUE FALSE
The answer to your question is TRUE. Under federal law, the courts can determine if a religious action can be regulated to maintain law and order. This is done to balance the protection of individual religious freedoms with the need to ensure public safety and order.
_______________ means the Constitution should be read and interpreted to mean what the writers of the Constitution meant it to mean when they wrote it. Question * options: Legal formalism Textualism Legal realism Constitutional originalism Living Theory
The interpretation that the Constitution should be read and understood as per the writers' original intention is known as "Constitutional originalism". This approach focuses on the original understanding of the Constitution when it was adopted.
The ___________ gave to Western tradition early concepts of criminal law and proportionality of punishment. Question * options: ancient Greeks ancient Romans ancient Hebrews Question * (* point)
The ancient Hebrews are credited with giving Western tradition early concepts of criminal law and proportionality of punishment. This is reflected in their legal codes, such as the Mosaic Law, which contains principles of justice and fairness.
__________ asserted that man is evil, and the government was created to keep the evil of man in line, and that the power of the government is unlimited in power except for taking life. Question * options: Hobbes Locke Montesquieu Beccaria Bentham
The assertion that man is evil, and the government was created to keep the evil of man in line, with the power of the government being unlimited except for taking life, is attributed to Thomas Hobbes.
Duty, breach, causation, and injury are the four factors in a _________ Question * options: civil case negligence case criminal case
The four factors of duty, breach, causation, and injury are typically associated with a "negligence case". These factors are used to determine if a person or entity was negligently responsible for causing harm or injury.
______________ asserts that the meaning and validity of law comes from what judges determine the law to mean because the law is not absolute in its text but is subject to multiple meaning. Question * options: Legal formalism Legal positivism Legal realism Originalism Living theory
The assertion that the meaning and validity of law comes from what judges determine the law to mean, because the law is not absolute in its text but is subject to multiple meanings, is associated with "Legal realism". This legal theory emphasizes that law is not a fixed set of rules but often relies on the interpretations of judges.
The ___________ gave Western tradition the idea that a society can be governed by the people themselves either through democracy or a republic. Question * options: ancient Greeks ancient Romans ancient Hebrews
The idea that a society can be governed by the people themselves either through democracy or a republic was given to Western tradition by the "ancient Greeks". They are widely recognized for their contributions to political theory, including the development of democratic governance.
Jurisdiction, venue, legal theory, and statute of limitations are the four factors in a _________ Question * options: civil case negligence case criminal case
The four factors of jurisdiction, venue, legal theory, and statute of limitations are typically associated with a "civil case". These elements are crucial in the initiation and conduct of a civil lawsuit.
The phrase we the people . . . . establish justice" is in the Declaration of Independence." Question * options: TRUE FALSE
The statement that the phrase "we the people . . . establish justice" is in the Declaration of Independence is FALSE. This phrase is found in the Preamble to the U.S. Constitution, not the Declaration of Independence.
_______________ means the Constitution should be read and interpreted in line with its text, history, and precedent. Question * options: Legal formalism Textualism Legal realism Constitutional originalism Living Theory
The approach that suggests the Constitution should be read and interpreted in line with its text, history, and precedent is known as "Textualism". This interpretation method focuses on the ordinary meanings of the legal texts and does not consider non-textual sources or the intent of the law's framers.
The Supremacy Clause of the U.S. Constitution is ___________. Question * options: Article VI Article IV Article III Article I Article II
The Supremacy Clause of the U.S. Constitution is found in "Article VI". This clause establishes the U.S. Constitution, federal statutes, and treaties as "the supreme law of the land."
The court that determines liability or culpability is a _____________ court. Question * options: limited jurisdiction general jurisdiction intermediate appellate jurisdiction final appellate jurisdiction
The court that determines liability or culpability is typically a "general jurisdiction" court. These courts have the authority to hear and decide a wide range of cases.
The authority and power of the federal judiciary is in ___________. Question * options: Article II Article II and III Article III and VI Article V and VI Article III and V
The authority and power of the federal judiciary is defined in "Article III" of the U.S. Constitution. This Article establishes the judicial branch of the federal government, including the Supreme Court and other federal courts.
Adam agrees to give Cindy a car when he marries Angie her sister. After the wedding decides not to give Cindy the car. Angie says you promised and that was why I married you. The contract is ___________. Question * options: valid voidable void unenforceable
The contract in this situation would likely be considered "unenforceable". This is because it seems to be a gratuitous promise made in a family setting. Generally, enforceable contracts require an exchange of consideration, which seems to be lacking here. However, the specifics can be complex and depend on the exact details.
Adam is arrested for vehicular homicide resulting from Amber's death. Adam's attorney argues that Amber died because Jim botched the surgery because he was drunk at the time. Adam's attorney is arguing lack of __________. Question * options: cause-in-fact Proximate cause
Adam's attorney is arguing lack of "Proximate cause". This term refers to a cause that directly produces an event and without which the event would not have occurred. In this case, the attorney is arguing that Jim's actions, not Adam's, directly resulted in Amber's death.
___________ judicial system is one in which the judge has the key role in determining the facts and determining if the accused is guilty. Question * options: Adversarial Inquisitorial
The "Inquisitorial" judicial system is one in which the judge plays a central role in fact-finding and determining the guilt of the accused. This system is used in some civil law jurisdictions.
The Madisonian system to prevent tyranny and abuse of minority political views in government is called ____________. Question * options: sovereign powers separation of power checks and balances federalism judicial review
The Madisonian system to prevent tyranny and abuse of minority political views in government is called "checks and balances". This system allows each branch of government to limit the powers of the other branches, preventing any one branch from becoming too powerful.