A state judge decides that, because a couple lived together for many years, they must split their assets equally between them now that they have ended their relationship, despite not being legally married. He bases his decision upon other court cases in the same state. which type of law is the judge applying to this case?
a. criminal law
b. common law***
c. grand jury law
d. equity law
2. Which of the following are types of crimes defined under criminal law? Select all that apply. (2 answers)
a. civil
b. common
c. felony***
d. misdemeander***
e. tort
3. A woman is asked to serve on a jury. Instead of hearing two sides of a case, she only hears from prosecutors, who ask the jury to decide whether they think someone is probably guilty. The state will only arrest the person and hold a formal trial if the jury feels it would result in a conviction. On which kind of jury is the woman serving?
a. a grand jury***
b. a petit jury
c. a bench jury
d. a common jury
All of these are correct
100% :)
1-B
2-C,D
3-A
4-B
5-A
6-B
7-B
8-B
9-A
1. The type of law the judge is applying to this case is b. common law.
In this scenario, the judge is using common law, which is derived from previous court cases and legal principles established by judicial decisions. Common law is not codified in statutes or legislation but is based on legal precedents and rulings made by judges. The judge's decision to split the couple's assets equally is based on the principle established in previous court cases in the same state, where non-married couples who have lived together for many years are entitled to an equal division of assets upon the end of their relationship.
To determine the type of law being applied, one would need to understand the nature of the decision and the legal principles relied upon. In this case, the judge is referencing previous court cases to establish a rule that is being applied consistently to similar situations.
2. The types of crimes defined under criminal law are c. felony and d. misdemeanor.
Criminal law deals with offenses committed against the public and society as a whole. It determines what actions are considered crimes and the punishment for those crimes. There are different categories of crimes, and the two types mentioned, felony and misdemeanor, are both defined under criminal law.
a. Civil law, e. tort, and b. common law are not types of crimes but rather categories of law that address other legal matters. Civil law deals with disputes between individuals or organizations and focuses on resolving conflicts and enforcing rights. Tort law covers civil wrongs, such as negligence or intentional harm, that result in damages or injuries to others. Common law, as mentioned earlier, is a legal system based on prior court decisions and is not specifically related to criminal offenses.
Therefore, the correct answers are c. felony and d. misdemeanor.
3. The woman is serving on a. a grand jury.
A grand jury is a type of jury that investigates potential criminal offenses and determines if there is enough evidence to bring someone to trial. It is typically composed of a larger number of jurors than a petit jury and has a different role in the legal process.
In this scenario, the woman is only hearing from prosecutors and being asked to decide if someone is probably guilty, which indicates that she is serving on a grand jury. Grand juries are responsible for reviewing evidence presented by prosecutors and deciding whether there is enough evidence ("probable cause") to indict an individual and hold a formal trial. If the grand jury determines that there is enough evidence, the state can proceed with arresting the person and holding a trial.
On the other hand, a petit jury (b. a petit jury) is a trial jury that listens to both sides of a case during a trial and determines the guilt or innocence of the defendant. A bench jury (c. a bench jury) refers to a trial before a judge alone, without a jury. A common jury (d. a common jury) is not a recognized term in the legal context.