Deck 17: Law and the Courts

Question 1

If one system has many more laws than the other, is the public in the second one more "free?"

Answer 1

Answers will very

Question 2

Your text suggests that the flexibility of Western systems is one important reason that many parts of the world find this type of legal system unworkable.

Answer 2

False

Question 3

In recent decades, European countries that use code law:

A) have essentially become authoritarian states
B) have strengthened the rights of the state versus the rights of the individual
C) have applied code-law concepts in civil cases, but not in criminal cases
D) have adopted important aspects of case law
E) have abandoned it completely in favor of case law

Answer 3

D

Question 4

The European Court of Justice is a critical element in establishing the integrity of the European Union by establishing the sovereignty of the EU in disputes involving various parties in the new macro-state.

Question 5

Compared to case law, code law:

A) depends far less on precedents from prior judicial cases
B) is viewed as being more "above the state"
C) is more common in English-speaking countries
D) provides greater protections to someone accused of a crime
E) is more familiar to Americans

Question 6

By Durkheim's reasoning, society would naturally dismember itself were it not for law which serves as the glue to hold systems together and establishes a commonness he calls mechanical solidarity.

Question 7

When a detailed inventory of rules is produced by and interpreted by government, the legal system is called ____________________.

Question 8

The type of law that regulates relations between people is called ________________.

Question 9

More case-law systems have morphed into code-law systems than code-law systems have morphed into case-law systems.

Question 10

Shia and Sunni Islamic sects find that Sharia is one realm of public behavior on which they agree completely.

Question 11

What are the key components of Anglo-Saxon case law and continental European code law? What do they have in common? How do they differ? How have they been blended in many countries?

Question 12

When cases serve as precedents for future rulings, the legal system is called _____________.

Question 13

Chinese law today is shaped by Confucian tradition and the political self-interest of the state's leaders.

Question 14

Some large countries with predominantly Moslem populations have Western-style legal systems but use Sharia for establishing family and marriage legal prescriptions.

Question 15

Sharia stems from tenets of this religion:

A) Hinduism
B) Buddhism
C) Christianity
D) Judaism
E) Islam

Question 16

Which of the following is NOT regulated by civil law?

A) Determining if a newspaper deliberately lied about someone
B) Determining damages for injury in a car accident
C) Procedures for getting a divorce
D) Whether or not a contract has been violated
E) Whether or not a person accused of assault is guilty

Question 17

What is judicial review and why is it such an important power?

Question 18

Anglo-Saxon case law:

A) is essentially the same thing as continental European code law
B) had great influence in the United States and Canada
C) originated in France under the direction of Napoleon
D) was once quite important, but is of little relevance today
E) sees law as the sole discretion of government

Question 19

The Supreme Court of the United States:

A) no longer practices judicial review
B) has members who serve fixed terms that can be renewed
C) need not hear every appeal put to it
D) often rules on the constitutionality of proposed laws
E) does not consider constitutional questions

Question 20

The prominent example of religious law in your text is ___________.

Question 21

Critical Thinking
We often assume many notions about law and legal systems. In the end, legal systems are systems of social control - an elaborated system for managing the behavior of citizens. While we are quick to focus on principles and justice and protections, we seldom devote much thinking to efficiency of a legal system. With the expansion of legal prescriptions for our behavior, especially in political systems touting "freedom," it may be useful to think about how a complex, modern legal system could be made more efficient. As a point of departure, think about the ways in which people might be encouraged to constrain their own behavior rather than having government be the primary enforcer.

Question 22

How do criminal law, civil law, and constitutional law differ from each other?