Question 1

The extortion of private persons is called blackmail.

Accepted Answer

Blackmail is the act of demanding money or other benefits from a person or entity by threatening to reveal embarrassing, disgraceful, or damaging information about them. It is a form of extortion that specifically targets private individuals, rather than organizations or governments.

Question 2

One of the factors that are part of the cost-benefit analysis of a lawsuit is the unpredictability of the legal system and the possibility of error.

Accepted Answer

The unpredictability of the legal system and the possibility of error are common factors that can impact the cost-benefit analysis of a lawsuit. It is difficult to predict the outcome of a legal case, and there is always a chance of errors or mistakes occurring during the legal process. These uncertainties can affect the potential costs and benefits of pursuing legal action.

Question 3

Subject-matter jurisdiction and in personam jurisdiction are the same concept.

Accepted Answer

Subject-matter jurisdiction refers to the authority of a court to hear cases of a particular type or subject matter, while in personam jurisdiction refers to the court's authority over a particular person or entity. These are distinct concepts and not the same thing.

Question 4

A majority decision is precedent for later cases.

Accepted Answer

A majority decision sets a precedent for later cases and is often seen as establishing a legal rule that lower courts should follow.

Question 5

Most crimes require mens rea and actus reus.

Accepted Answer

Mens rea refers to the mental element or intention behind a criminal act, while actus reus refers to the physical act itself. Most crimes require both of these elements to be present in order for the individual to be found guilty.

Question 6

The complaint is filed by the defendant.

Accepted Answer

The complaint is typically filed by the plaintiff, not the defendant. The defendant may file a counterclaim or cross-complaint, but the initial complaint is usually filed by the plaintiff.

Question 7

Bribery is a white collar crime.

Accepted Answer

Bribery is considered a white collar crime, which refers to non-violent, financially motivated criminal activity typically committed by professionals or individuals in positions of power or trust.

Question 8

Parties and witnesses can be deposed.

Accepted Answer

Parties and witnesses can be deposed as part of the pre-trial process in a legal case. Depositions involve giving sworn testimony in response to questions presented by the opposing counsel, and can be used as evidence in court proceedings.

Question 9

The decision of a state supreme court is absolutely final.

Accepted Answer

The decision of a state supreme court can be appealed to the federal Supreme Court.

Question 10

The concept of law is very broad.

Accepted Answer

The concept of law is not limited to a single aspect or field. It covers a broad range of legal principles, regulations, rules, and statutes that govern different aspects of life, such as business, family, criminal justice, and constitutional law. Therefore, the statement is true.

Question 11

The Natural Law School of jurisprudence believes the law is a combination of social traditions and customs.

Accepted Answer

The Natural Law School of jurisprudence believes that law is based on moral principles inherent in human nature and the universe, rather than social traditions and customs.

Question 12

Because of the nature of the common law system,the law is inflexible.

Accepted Answer

The common law system is characterized by flexibility and evolution, built on the concept of precedent and interpretation of legal principles in the context of current circumstances. Therefore, the law is not inflexible.

Question 13

A penal code is found in a jurisdiction's statutes.

Accepted Answer

A penal code is a set of laws defining crimes, their punishments, and the procedures for prosecuting and punishing offenders. Penal codes are found in a jurisdiction's statutes, which are the written laws enacted by a legislative body, such as a state or federal government.

Question 14

An ordinance is equivalent to a statute.

Accepted Answer

An ordinance is a law that is enacted by a local government, such as a city or county. Similarly, a statute is a law that is enacted by a state or federal government. Both ordinances and statutes carry the force of law and must be followed by those within their respective jurisdictions.

Question 15

The defendant is formally charged in court at the indictment.

Accepted Answer

An indictment is a formal accusation that a person has committed a crime, typically issued by a grand jury, but the formal charging in court occurs at an arraignment.

Question 16

A court could consolidate the cases into one case if the same facts are alleged by several plaintiffs against the same defendant.

Accepted Answer

This is true. If several plaintiffs are alleging the same facts against the same defendant, it makes sense to consolidate the cases to avoid wasting time, resources, and money. Consolidating the cases can also help ensure consistency in legal rulings and prevent conflicting judgments.

Question 17

Less than 80% of all cases are settled before they go to trial.

Accepted Answer

Most legal cases are settled before they go to trial, with estimates often indicating that over 90% of cases are resolved through settlements or plea bargains.

Question 18

The civil law system can be traced back to the ancient Romans.

Accepted Answer

The civil law system originated in ancient Rome and its influence can still be seen in modern legal systems around the world.

Question 19

Every state has a general-jurisdiction trial court.

Accepted Answer

Every state in the U.S. has at least one general-jurisdiction trial court which has jurisdiction over a wide range of cases, including civil and criminal cases.

Question 20

There are 13 circuits in the federal court system.

Accepted Answer

There are indeed 13 circuits in the federal court system, including 12 regional circuits and one federal circuit.

Quiz 2: Midterm Two