Question 1

The earliest examples of conflict resolution can be found in

Accepted Answer

The earliest examples of conflict resolution can be found in pre-industrial societies, where various mechanisms were developed to handle disputes and conflicts within communities long before the advent of modern legal and industrial systems.

Question 2

Roman law was highly influenced by

Accepted Answer

Roman law was significantly influenced by Babylonian legal principles, notably through the Code of Hammurabi, one of the earliest and most complete written legal codes from ancient Mesopotamia. This influence is seen in the structured approach to law and justice in Roman legal systems.

Question 3

England developed what is known as

Accepted Answer

England is known for developing the common law legal system, which is based on case law and judicial decisions rather than codified statutes.

Question 4

In which of the following sources of law is the principle of "eye for an eye" found?

Accepted Answer

The principle of "eye for an eye" is found in the Code of Hammurabi, an ancient Babylonian code of law.

Question 5

On what source is American law primarily based?

Accepted Answer

American law is primarily based on common law, which is a system of law that is based on court decisions and is common to all the states that comprise the United States, except Louisiana (which follows a civil law system similar to those used in Europe).

Question 6

Common law was developed by which of the following?

Accepted Answer

Common law was developed by judges through court decisions over time, rather than through statutes, the Constitution, or legislation created by legislators.

Question 7

What phrase specifically means "let the decision stand"?

Accepted Answer

Stare decisis is a legal principle that obligates courts to follow historical cases when making a ruling on a similar current or future case.

Question 8

The highest court in the state in usually known as the

Accepted Answer

The highest court in a state is typically called the state supreme court, which serves as the final court of appeal in the state judicial system.

Question 9

Several legal systems exist today. The United States follows what is often referred to as the

Accepted Answer

The United States follows the common law system, which is characterized by case law and the doctrine of legal precedent, meaning that decisions made in higher courts bind lower courts in similar cases.

Question 10

The burden of persuasion is commonly referred to as

Accepted Answer

The burden of persuasion is another term for the burden of proof. It refers to the obligation of a party in a trial to prove their case to the required standard, which is typically "beyond a reasonable doubt" in criminal cases and "preponderance of the evidence" in civil cases.

Question 11

In criminal trials, the burden of proof is by

Accepted Answer

In criminal trials, the burden of proof is "beyond a reasonable doubt," which is the highest standard of proof in the legal system. This means the prosecution must prove the defendant's guilt to such a degree that there is no reasonable doubt in the mind of a reasonable person about the defendant's guilt.

Question 12

In civil matters, the burden of proof is typically by

Accepted Answer

In civil matters, the standard for the burden of proof is typically "preponderance of the evidence," which means that it is more likely than not that the claim is true. This is a lower standard than "beyond a reasonable doubt," which is used in criminal cases. "Mere suspicion" and "probable cause" are standards used in different contexts, such as initial investigations or arrests, not in the determination of civil liability.

Question 13

The twelfth-century term "moral certainty" has been equated with

Accepted Answer

"Moral certainty" in the twelfth century is equated with "reasonable doubt," which is the standard of proof required in criminal cases to ensure a high level of certainty before conviction.

Question 14

The case that applied the reasonable doubt standard to juvenile adjudication is

Accepted Answer

In re Winship is the case that applied the reasonable doubt standard to juvenile adjudication, establishing that minors are entitled to the same level of protection under the due process clause of the Fourteenth Amendment as adults in criminal cases.

Question 15

In most states, when the defense raises an affirmative defense, the burden of proof is

Accepted Answer

In most states, when the defense raises an affirmative defense, they must prove that defense by a preponderance of the evidence, meaning it is more likely than not that the defense's claims are true. This is a lower standard of proof than "beyond a reasonable doubt," which is the standard required for the prosecution to prove the defendant's guilt.

Question 16

Any evidence obtained by law enforcement officers in violation of the Fourth Amendment guarantee against unreasonable searches and seizures is not admissible in a criminal trial to prove guilt; this rule was applied by the United States Supreme Court to the states in 1961 in

Accepted Answer

The correct answer is A) Mapp v. Ohio. This landmark case in 1961 established that evidence obtained in violation of the Fourth Amendment, which protects against unreasonable searches and seizures, is inadmissible in state courts. This principle is known as the exclusionary rule.

Question 17

Evidence seized illegally by state police could be turned over to federal law enforcement officers for use in federal prosecutions because federal law enforcement officers were not directly involved in the illegal seizure. This was known as

Accepted Answer

The "silver platter doctrine" allowed evidence seized illegally by state police to be handed over to federal authorities for use in federal prosecutions, provided the federal officers did not participate in the illegal seizure. This doctrine was based on the idea that federal courts were not bound by the same exclusionary rules that might apply at the state level, essentially serving evidence to federal authorities "on a silver platter."

Question 18

The Supreme Court explicitly applied the remedy of the exclusionary rule to the states in

Accepted Answer

The Supreme Court explicitly applied the remedy of the exclusionary rule to the states in Mapp v. Ohio (1961), ruling that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," is inadmissible in state courts.

Question 19

The "inevitable discovery exception" was developed in

Accepted Answer

The "inevitable discovery exception" was developed in Nix v. Williams, which allows evidence obtained in violation of a defendant's rights to be admitted in court if it can be shown that the evidence would have inevitably been discovered by lawful means.

Question 20

Self-defense applies to

Accepted Answer

Self-defense can apply to both deadly and non-deadly force, depending on the situation and the level of threat faced.

Quiz 2: Some Important Underlying Concepts