Comparative Justice - Midterm EXAM Questions With
Complete Solutions
Adjudicators Correct Answers Are those individuals who
decide the outcome of legal disputes; more commonly called
judges.
Lay judges & magistrates perform the same functions as
professional judges but aren't considered career members
Adversarial System Correct Answers A set of legal procedures
used in Common Law countries to determine the truth during
adjudication whereby the prosecution & defense counsel
compete against each other while the judge ensures fairness &
adherence to the rules.
Inspired by the Enlightenment Period, developed later in the
16/17th Century with series of Treason trials in England that led
to calls for changes in the way the accused could defend
themselves against the Crown.
Often compared to a game or contest in which both sides one
trying to win & a neutral umpire decides two things: (1) whether
they are playing by the rules & (2) which side wins - The judge
is the Empire.
Most procedural advantages are on the side of the accused, from
keeping the Prosector from automatically winning.
,Critics are concerned that correct Criminal Procedure has
become so extreme that predatory criminals who learn how to
manipulate the rules of the system are likely to win the game.
First concern: "The Combat Effect": allows for truth-impairing
procedures to suppress & distort the truth w/ the goal being to
win the court room struggle.
Second Concern: "The Wealth Effect": that states there is an
erroneous advantage to those who can afford to hire skilled
attorneys & pay for investigators.
Advisors Correct Answers Provide legal advice to advocates &
citizens outside the court AKA Paralegals
Akin to Paralegals in the US. are many trained individuals who
work outside the courtroom to advise & instruct individuals who
have legal problems or needs, both civil & criminal
First point of contact in Criminal cases
Do investigations & advise clients prior to the state of formal
adjudication process.
Advisors in England Correct Answers ...
Advocates Correct Answers Represent either the defendant or
the prosecution in legal matters before the court AKA Lawyers
They are expected to be partisan, & lack of zeal when
representing a client is a major violation
, They represent evidence & arguments that allow adjudicators to
make their decision
To assist nations w/ the proper development of Lawyers the UN
has developed the UN Principles on Role of Lawyers
Like adjudicators, they are subject to economic, social, &
political pressures that affect their work.
Canon Law Correct Answers dealt with church & spiritual
matters also known as today as the dual court system. (Family
life/morals & church governance)
Civil Law definition Correct Answers law that is not criminal;
rules regulates behavior between individuals, that does not
involve criminal sanctions.
Civil law: Correct Answers Most pervasive legal tradition in
the world. Its found throughout Western Europe, Latin America,
& parts of Africa & the Far East. It was historically the basis of
law in socialist countries, & just like the Socialist law, it has
many elements as Civil law. It is also sometimes called
Romano-Germanic, Roman, or Continental law because of its
historical roots. Its a code-based law. The center piece of Civil
Law is codification, or the absolute primacy of written codes of
law. Civil law is like the ten commandments of Moses, which
were published so that all people could know & follow them.
The legal code derived from earlier laws, customs, & informal
regulations. The laws must be at once general enough to allow
of particular cases to fit into the scope of legal rules, and also
Complete Solutions
Adjudicators Correct Answers Are those individuals who
decide the outcome of legal disputes; more commonly called
judges.
Lay judges & magistrates perform the same functions as
professional judges but aren't considered career members
Adversarial System Correct Answers A set of legal procedures
used in Common Law countries to determine the truth during
adjudication whereby the prosecution & defense counsel
compete against each other while the judge ensures fairness &
adherence to the rules.
Inspired by the Enlightenment Period, developed later in the
16/17th Century with series of Treason trials in England that led
to calls for changes in the way the accused could defend
themselves against the Crown.
Often compared to a game or contest in which both sides one
trying to win & a neutral umpire decides two things: (1) whether
they are playing by the rules & (2) which side wins - The judge
is the Empire.
Most procedural advantages are on the side of the accused, from
keeping the Prosector from automatically winning.
,Critics are concerned that correct Criminal Procedure has
become so extreme that predatory criminals who learn how to
manipulate the rules of the system are likely to win the game.
First concern: "The Combat Effect": allows for truth-impairing
procedures to suppress & distort the truth w/ the goal being to
win the court room struggle.
Second Concern: "The Wealth Effect": that states there is an
erroneous advantage to those who can afford to hire skilled
attorneys & pay for investigators.
Advisors Correct Answers Provide legal advice to advocates &
citizens outside the court AKA Paralegals
Akin to Paralegals in the US. are many trained individuals who
work outside the courtroom to advise & instruct individuals who
have legal problems or needs, both civil & criminal
First point of contact in Criminal cases
Do investigations & advise clients prior to the state of formal
adjudication process.
Advisors in England Correct Answers ...
Advocates Correct Answers Represent either the defendant or
the prosecution in legal matters before the court AKA Lawyers
They are expected to be partisan, & lack of zeal when
representing a client is a major violation
, They represent evidence & arguments that allow adjudicators to
make their decision
To assist nations w/ the proper development of Lawyers the UN
has developed the UN Principles on Role of Lawyers
Like adjudicators, they are subject to economic, social, &
political pressures that affect their work.
Canon Law Correct Answers dealt with church & spiritual
matters also known as today as the dual court system. (Family
life/morals & church governance)
Civil Law definition Correct Answers law that is not criminal;
rules regulates behavior between individuals, that does not
involve criminal sanctions.
Civil law: Correct Answers Most pervasive legal tradition in
the world. Its found throughout Western Europe, Latin America,
& parts of Africa & the Far East. It was historically the basis of
law in socialist countries, & just like the Socialist law, it has
many elements as Civil law. It is also sometimes called
Romano-Germanic, Roman, or Continental law because of its
historical roots. Its a code-based law. The center piece of Civil
Law is codification, or the absolute primacy of written codes of
law. Civil law is like the ten commandments of Moses, which
were published so that all people could know & follow them.
The legal code derived from earlier laws, customs, & informal
regulations. The laws must be at once general enough to allow
of particular cases to fit into the scope of legal rules, and also
