10/10 Tues Legal System Basics Attention Check

What are the three basic functions of courts?

• Settle disputes, interpret laws, and create expectations for future actions

• Enforce laws, interpret laws, and create expectations for future actions

• Settle disputes, enforce laws, and interpret laws

• Create expectations for future actions, settle disputes, and enforce laws

Answer explanation

The correct answer is 'Settle disputes, interpret laws, and create expectations for future actions'. Courts play a vital role in resolving disagreements, interpreting the intentions behind laws, and setting precedents that shape future actions. While enforcing laws is typically the role of the executive branch, not the courts.

What is the main function of trial courts?

• Hear evidence and determine the facts of a case

• Decide questions of law and set legal precedents

• Perform judicial review over laws and executive actions

• Settle disputes and enforce laws

Answer explanation

The main function of trial courts is to hear evidence and determine the facts of a case. They are the courts where cases start. In a trial court, both parties present their interpretation of the facts of the case and the law as they understand it. Then, based on the evidence presented, the trial court decides the facts and the law, and makes a ruling.

What is the main function of appeals courts?

• Hear evidence and determine the facts of a case

• Decide questions of law and set legal precedents

• Perform judicial review over laws and executive actions

• Settle disputes and enforce laws

Answer explanation

The main function of appeals courts is to review and decide questions of law based on the lower court's proceedings. They set legal precedents, which can guide future court decisions. They do not hear evidence, settle disputes, or perform judicial review over laws and executive actions. This is unique to their role in the judicial system.

What is the difference between criminal law and civil law?

• Criminal law involves disputes between individuals and the government, while civil law involves disputes between individuals

• Criminal law involves disputes between the government and individuals, while civil law involves disputes between individuals

Answer explanation

The correct answer is that criminal law involves disputes between individuals and the government, whereas civil law involves disputes between individuals. Criminal law pertains to cases where the government punishes an individual for committing a crime. On the other hand, civil law handles non-criminal disputes and conflicts, like divorce or property disagreements, between individuals.

What is the term for the past decisions of courts that influence future legal decisions?

• Statutes

• Common law

• Precedents

• Jurisdiction

Answer explanation

The term for past decisions of courts that influence future legal decisions is called 'Precedents'. Precedents are legal principles, laid down by a decision in a previous legal case, that is either binding on or provides persuasion for a court when deciding subsequent cases with similar issues or facts.

What is the term for a dispute between individuals or between individuals and the government that can be fixed or remedied?

• Criminal case

• Civil case

• Public law case

• Appeals case

Answer explanation

A civil case, also known as a lawsuit, is a type of dispute that occurs between individuals or between individuals and the government. It is different from a criminal, public law, or appeals case. This type of case can be remedied or fixed, often by means of compensation. Therefore, the correct answer is 'Civil case'.

What is the main characteristic of the federal court system?

• It is separate from the other branches of government

• It is hierarchical with the Supreme Court at the top

• It can perform judicial review over laws and executive actions

• Federal judges are appointed for life

Answer explanation

The main characteristic of the federal court system, as stated in the question, is that it is separate from the other branches of government. This separation ensures a balance of power, providing a system of checks and balances. This characteristic emphasizes the independence of the judiciary from the executive and legislative branches.

What is the purpose of interpreting laws in courts?

• To create expectations for future actions

• To settle disputes

• To enforce laws

• To determine the facts of a case

Answer explanation

The purpose of interpreting laws in courts is to create expectations for future actions. This option is correct because the interpretation of laws in courts sets precedents for how similar future situations are handled. It's a way to ensure consistency and predictability in legal matters.

What is the role of common law in the legal system?

• To set legal precedents that constrain future courts

• To interpret statutes and executive actions

• To settle disputes between individuals

• To enforce criminal laws

Answer explanation

The role of common law in the legal system is to set legal precedents that constrain future courts. This implies that decisions made in earlier cases are followed in future similar cases. This principle, known as 'stare decisis', ensures consistency in legal matters and shapes the body of common law.

What is the main difference between trial courts and appeals courts?

• Trial courts hear evidence and determine the facts of a case, while appeals courts decide questions of law

• Trial courts decide questions of law, while appeals courts hear evidence and determine the facts of a case

• Trial courts settle disputes, while appeals courts interpret laws

• Trial courts perform judicial review over laws, while appeals courts create expectations for future actions

Answer explanation

The answer is correct because trial courts' main function is to listen to the evidence and determine the facts of a case. In contrast, appeals courts do not re-hear the case but rather decide questions of law, focusing on whether the correct legal procedures were followed and if the law was applied correctly.