CCX Exam 1

Document Content and Description Below

CCX Exam 1 Under the adversarial system, truth is thought to arise from a continuing investigation, so the emphasis is on the screening process. - ✔✔False Why is adultery considered one of the ... hudud offenses? - ✔✔If left unchecked it could disrupt the social fabric of the community An admission of guilt (i.e., a confession) in common law jurisdictions eliminates the need for a trial. In civil law jurisdictions, an admission of guilt: - ✔✔is simply treated as additional evidence to be evaluated. Islamic procedural law is best described as: - ✔✔a combination of inquisitorial and adversarial. Under the adversarial system truth is thought to arise from a continuing investigation, so the emphasis is on the screening process. - ✔✔False Judicial review refers to the power of a court to find any law to be unconstitutional and unenforceable. - ✔✔True In which of the following ways does Shari`a try to balance the harsh penalties required for hudud crimes? - ✔✔Rigorous rules of evidence make conviction for hudud crimes difficult Under the inquisitorial system, truth is thought to arise from competition between opposing sides, so the emphasis is on the trial phase. - ✔✔False When deciding the appropriate punishment for tazir offenses, judges are encouraged to be flexible and choose a punishment that will help the offender and deter others from combining the same crime. - ✔✔True France's placement of crimes into three categories not only refers to the seriousness of the offenses but also indicates which court will hear the case. - ✔✔True Of the four major legal traditions, the civil tradition is the oldest, relies on codification, and has roots in Roman law. - ✔✔True Flexibility is provided in the Eastern Asia legal tradition through reliance on the strict interpretation of formal codes. - ✔✔False Canon law was the universal law of the spiritual realm and was administered by the state. - ✔✔False The three major subtraditions forming the Eastern Asia tradition are: - ✔✔Confucianism, collectivism and context, and legal informalism The process by which Islamic legal scholars research a consensus regarding how to handle a case that does not appear to be answered by either the Qur'an or Sunna is called: - ✔✔ijma Although countries do not duplicate legal systems, it is possible for countries to share legal traditions. - ✔✔True It seems that the closest thing Islamic law might have to common law's stare decisis is qiyas. - ✔✔True In Islam, the book that is considered the word of God (Allah) is the: - ✔✔Qur'an The primary source of law in the common legal tradition is statutes. - ✔✔False Indigenous law refers to a culture's original law. - ✔✔Tru [Show More]

Last updated: 1 year ago

Preview 1 out of 3 pages