Explain the differences between common law and civil law, and then discuss the strengths and weaknesses of each.
What will be an ideal response?
The ideal answer should include:
1. The common law tradition is grounded in the general laws and rules that have been enacted by legislatures and have evolved over time. The key goal of the legal system is to interpret existing precedents from previous judicial rulings. Innocence is presumed until evidence indicates guilt. The court system is adversarial, with the disputing sides making their points and the judge acting as a referee to ensure that the proceedings are fair. Possibly, flexibility could be seen as a strength of the common law tradition. Often this can be associated with greater judicial discursion. On the other hand, flexibility and discretion as well as adversarial proceedings can be sources of inconsistent outcomes and unfair treatment.
2. In the civil law tradition, the key goal is the precise application of extremely detailed legal documents to the specific case. The court system is more inquisitional, with the judge asking critical questions under the assumption that the party on trial is guilty of violating the law unless innocence can be proven. While some could complain about small judicial discretion, the precision of civil law promised greater fairness.
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The two-ballot system used in presidential elections means that
a. citizens vote for the president and prime minister on separate ballots. b. only two candidates can run for president. c. if no candidate wins a majority on the first ballot, a run-off election is held two weeks later between the top two candidates. d. citizens vote for the president and the National Assembly on separate ballots. e. citizens vote for the individual on one ballot and the party on another.
Answer the following statement(s) true (T) or false (F)
1. Pork barrel legislation is an example of a distributive policy. 2. A major issue with addressing social problems with public policy is that their solutions may create problems in place of the ones being addressed. 3. Government agencies have their largest role in policy evaluation. 4. Agenda setting normally begins with problems being brought to the attention of the president. 5. If policy evaluation is performed correctly, earlier parts of the policymaking process will be activated in order to address the problems identified by the policy evaluation.
In 1969, the Supreme Court overturned the conviction of a Ku Klux Klan member by ruling that the government could only restrict speech that __________
a. created a clear and present danger to private property – b. is a prior restraint on the right of eminent domain c. advocates imminent lawless action d. qualifies as hate speech and maliciously defames a racial group
Based on historical trends, which of the following is most likely to be appointed to the Supreme Court?
a. A fifty-five-year-old Caucasian man with a successful private law practice, but no judicial experience. b. A thirty-eight-year-old Hispanic man with ten years' experience on a state trial court. c. A fifty-two-year-old Caucasian woman with fifteen years' experience on the 5th Circuit Court of Appeals. d. A fifty-eight-year-old Arab-American man with five years' experience as a district court judge.