Test

Answer questions 1 and 6 from page 13

1. What is the definition of law?

Law can be defined in many different ways on what it means. There are two different types of laws that our government from local, state, and federal use along with some religious groups (cannon law) to uphold and control certain aspects of our daily lives. The two law systems are considered common law and civil law. Common law is considered what was maintain or established within the governments court system. Civil law is what has already been established and approved by the courts. This helps fight private disputes with one another on a local level. Both of these laws can help regulate and protect us from traffic violations to our rights that have been established in our government or religious body.

6. Describe three major philosophical theories of law.

The three major philosophical theories of law are natural theory of law, legal positivism, and legal realism. Natural theory of law is the theory of law that helps reflect our morals in human behavior. This has helped setup as we know as our Bill of Rights. This gives us our freedoms that we enjoy as long as we are in the United States. Legal positivism is the theories of the proven law through are courts system. This is what the judge’s use on the given case to help potentially over turn a ruling or rule in the favor it. Legal realism is the theory of judges making the laws to abide by and holding their individual beliefs and prejudice in there rulings.

Answer questions from p. 351 under “Case Analysis.”

1. Summarize the facts that led to the defendant’s claim that he was subjected to double jeopardy.

His bases of his double jeopardy are based off a time line of events that he believes that his criminal proceedings should be expunged or taken off. He was initially charged on October 6th notifying him of the pending charges that are being brought on him and his fellow co-defendants. During this, he was notified of the...