Intro to Law Final Exam Questions

Define law.

Law is the rules and regulations made and enforced by government that regulate the conduct of people within a society.

What is the difference between a felony and a misdemeanor?

A felony is a serious criminal offense punishable by a prison sentence of more than one year. A misdemeanor is a criminal offense, less serious than a felony, punishable by a prison sentence of one year or less.

What is the difference between "a preponderance of the evidence" and "beyond a reasonable doubt?"

A preponderance of the evidence is the standard of proof used in a civil suit. To win, a party must provide evidence that is more convincing than the other side’s evidence. Beyond a reasonable doubt is the level of proof required to convict a person of a crime. It means that there are no reasonable doubts as to the guilt of the accused.

Define precedent.

A precedent is a court decision on a legal question that guides decisions in future cases presenting similar questions.

What is the purpose of lobbying?

Lobbying is influencing or persuading legislators to take action to introduce a bill or vote a certain way on a proposed law.

Walk me through a criminal trial.

The steps of a criminal trial are:

Opening statement by prosecution

Opening statement by defense

Prosecution witnesses (for each witness: prosecution direct examines, defense cross-examines, prosecution may re-direct)

Defense witnesses (for each witness: defense direct examines, prosecution cross-examines, defense may re-direct)

Closing statement by prosecution

Closing statement by defense

Jury deliberation

Verdict

Sentencing

Define motive.

Motive is the reason a person commits a crime.

Define accomplice.

An accomplice is a person who voluntarily helps another person commit a crime, and is usually present or directly aids in the crime.

What is the difference between prosecution and defense?

The prosecution is the side bringing a criminal case against another party. The defense is the side defending the person being charged with a crime or sued in a civil case.

What is a plea bargain?

A plea bargain in a criminal case is when the negotiations between the prosecutor, defendant, and defendant’s attorney attorney lead to a deal. Often, in exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a reduced punishment.

Define voir dire.

Voir dire is the screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible. It comes from the French phrase meaning “to speak the truth.”

What is due process?

Due process is the idea stated in the Fifth and Fourteenth Amendments that every person involved in a legal dispute is entitled to a fair hearing or trial. The requirements of due process vary with the situation, but they require a minimum notice and an opportunity to be heard.

What is another word for litigator?

A litigator is a trial attorney.

In simple terms, define crime.

A crime is an act or failure to act that violates a law and for which a government has set a penalty like a fine, jail, or probation.

What is mens rea?

Mens rea is the Latin term used by lawyers when they discuss the requirement for a guilty state of mine (“guilty mind”).

Give two examples of crimes against the person.

Some examples of crimes against the person would be homicide, kidnapping, assault, battery, robbery, rape, and sexual assault.

What is the difference between first and second degree murder?

Murder is the unlawful killing of a person. First degree murder is planned in advance and done with malice or during the commission of a dangerous felony. Second degree murder does not require malice or premeditation but is the result of a desire to inflict bodily harm. It is done without excuse, and is therefore more serious than manslaughter.

What is the difference between assault and battery?

Assault is an intentional threat, show of force, or movement that causes a reasonable fear of, or an actual physical contact with, another person. Battery is any intentional, unlawful physical contact inflicted on one person by another without consent.

Arson, vandalism, and larceny are all examples of?

Arson, vandalism, and larceny are all examples of crimes against property.

Do all searches need a warrant? Explain.

A warrant is a paper signed by a judge authorizing some action, such as an arrest or search and seizure. Law enforcement may conduct a search without a warrant if they have consent, the items are in public view, under emergency circumstances, or when someone is arrested.

What is the name of the principle that would apply here. Evidence was obtained through an unreasonable search. That evidence cannot be used in the trial.

The exclusionary rule is a legal rule that prohibits the use of illegally obtained evidence against the defendant at trial.

What impact did Miranda v. Arizona have?

It established the Miranda warnings, rights that a person taken into custody must be informed of by police or other officials before questioning begins. These include the right to remain silent, to contact a lawyer, and to have a free lawyer provided if the person arrested cannot afford one.

What does a Grand Jury do?

A grand jury is a group of 16 to 23 people who hear preliminary evidence to decide whether there is sufficient reason to formally charge a person with a crime.

Define indictment.

An indictment is a grand jury’s formal charge or accusation of a criminal action.

Retribution. Deterrence. Rehabilitation. Incapacitation. These 4 phrases are examples of what? In your view, which of these do you prefer? Explain why it is your preference, clearly showing you know what it is.

These are all purposes of punishment. I prefer rehabilitation when possible, as it allows the criminal to be reformed and become a productive member of society. However, in cases where they are a repeat offender or extremely violent offender, I would prefer incapacitation, specifically incarceration, to prevent them from committing further crimes.

What is the difference between pardon and parole?

A pardon is a use of executive power (president or governor) that exempts an individual from punishment. Parole is a release from prison before the full sentence has been served, granted at the discretion of a parole board.

Which principle can be illustrated by the phrase, “No one is above the law?"

The principle of rule of law means that everyone, including the government, must obey the law, and that no person is above the law.

What type of laws do not result in jail time? These types of laws often involve lawsuits.

Civil laws often result in monetary damages rewarded to one party, but only a criminal case can result in jail time.

What is another word for statutes?

A statute is a written law enacted by legislators.

What is the difference between a trial court and an appellate court?

Trial courts listen to testimony, consider evidence, and decide the facts in a disputed situation. Appellate courts are courts in which appeals from trial-court decisions are heard, and the trial court decision is possibly overturned.