Deck 6: Civil Law Systems

Question 1

The civil law system is:

A) Among the oldest formal justice systems
B) Among the most widespread of formal justice systems
C) Also known as the Napoleonic or continental system
D) All of these

Answer 1

D

Question 2

What was Corpus Juris Civilis?

A) The written-down law that was the authority for Roman law for hundreds of years
B) The first civil law court system
C) The civil law principle that allows corporations to be sued
D) An early model for today's jury system

Answer 2

A

Question 3

What was Canon law?

A) Another name for military law
B) The idea that the party with the most weapons could make the law
C) Church law
D) Laws that applied only to the upper classes

Answer 3

C

Question 4

Why was the French Revolution important in the development of the civil law system in France?

A) It removed many religious laws.
B) It limited the power of judges who were considered remnants of the feudal system.
C) Power was shifted from the courts to the legislature.
D) All of these

Question 5

In civil law systems, the purpose of a written legal code is to weaken the role of lawyers and judges.

Question 6

In most civil law countries, a distinction is made between private and public law. In civil law systems, most crimes fall in the category of:

A) Private law
B) Public law
C) Both of these
D) Neither of these

Question 7

In France's civil law system, judges:

A) Are usually elected
B) Leave decisions of guilt or innocence to juries
C) Operate in panels of three judges
D) Are required to have appeared in court as a lawyer for several years before they are allowed to be a judge

Question 8

In civil law systems, the concept of precedent:

A) Guides most judicial decisions
B) Is absent
C) Is only allowed in courts of appeal
D) Is used in matters of public law but not private law

Question 9

According to the text, in civil law countries, the legal scholar:

A) Is looked down upon by law makers
B) Does not exist
C) Will almost always have been a judge for many years before becoming a legal scholar
D) Has a great deal of influence on the legal thinking of legislators

Question 10

In civil law systems, defense attorneys are known as:

A) Civil law notaries
B) Advocates
C) Procurators
D) Barristers

Question 11

Regarding trial procedures in civil law systems:

A) A great deal of emphasis is placed on oral arguments made in open court
B) Opposing lawyers decide which witnesses will be called, what they will be asked, and what evidence will be introduced
C) Judges play an active role in all stages of the trial, and lawyers play a passive or secondary role
D) All of these

Question 12

In civil law trial proceedings, there is:

A) No protection from self-incrimination
B) No plea bargaining
C) Never or rarely a jury
D) All of these

Question 13

According to the text, if an accused person were innocent, under which type of legal system would they fare better?

A) Common law
B) Civil law
C) Martial law
D) All of these are the same.

Question 14

The police in France:

A) Grew out of the military
B) Have much expanded power compared with police in common law systems
C) Have a close relationship to the judiciary
D) All of these

Question 15

In France, the National Gendarmerie:

A) Acts as military police for French army, navy, and air force
B) Provided law enforcement for the French overseas territories
C) Provides policing for communities of 10,000 or fewer people
D) All of these

Question 16

In France, the constitutionality of laws passed by the legislature is determined by:

A) The Supreme court of France
B) The President of France
C) The legislature itself
D) A special constitutional council

Question 17

In France, the "court of cassation":

A) Handles minor matters, such as divorce or settling property disputes
B) Is the highest court of appeal
C) Conducts all jury trials
D) Hears cases involving misconduct by judges or lawyers

Question 18

In France, obtaining a conviction is the primary responsibility of prosecutors.