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