Schools of legal thought
This legal philosophy argues that law is based on moral principles that exist independently of human-made laws.
Natural Law
This medieval philosopher argued that unjust laws are not true laws.
Who is Thomas Aquinas?
In a criminal case, this party brings charges on behalf of the government.
Who is the prosecution (the State)?
This standard means the evidence leaves jurors firmly convinced of guilt.
What is beyond a reasonable doubt?
This court proceeding is when a defendant is formally informed of the charges.
What is an arraignment?
This school of thought believes that law is valid because it is enacted by proper authority, not because it is moral.
What is legal positivism?
This legal positivist defined law as commands backed by threats from a sovereign.
Who is John Austin?
In a civil case, this party files the lawsuit claiming harm or injury.
Who is the plaintiff?
This standard of proof is used in most civil cases and is lower than criminal cases.
What is a preponderance of the evidence?
At an arraignment, the defendant typically enters this response to the charges.
What is a plea (guilty, not guilty, or no contest)?
This philosophy focuses on how laws actually operate in courts rather than how they are written.
What is legal realism?
This thinker introduced the idea of primary and secondary rules in a legal system.
Who is H.L.A. Hart?
This party in both criminal and civil cases is accused of wrongdoing.
Who is the defendant?
In criminal cases, this party must meet the burden of proof.
Who is the prosecution?
This system allows a defendant to be released from jail while awaiting trial.
What is bail?
This theory emphasizes the importance of procedural fairness and internal morality in lawmaking.
What is procedural natural law (associated with Lon Fuller)?
This legal philosopher emphasized that laws must be clear, consistent, and publicly known to be legitimate.
Who is Lon Fuller?
In a criminal case, this attorney represents the government, not the victim.
Who is the district attorney (or prosecutor)?
If jurors still have reasonable doubt after deliberation, this verdict must be reached.
What is acquittal?
This factor may affect the amount of bail set, including risk of flight or danger to the public.
What is the seriousness of the offense?
This school would argue that judges’ personal experiences and social contexts influence legal outcomes.
What is legal realism?
These two American thinkers are central figures in legal realism and emphasized judicial behavior and uncertainty.
Who are Oliver Wendell Holmes Jr. and Jerome Frank?
This process involves questioning potential jurors to determine fairness and bias.
What is voir dire?
If jurors cannot agree on a verdict, the result is this.
What is a hung jury?
This occurs if a defendant cannot afford bail and remains jailed until trial.
What is pretrial detention?