Law 3800
Dr. Edmonds
Week One Study Guide
Chapter 1 and page 76 of chapter 4
I.
Discuss the history of the Anglo Saxon legal system and how and
why it came to the United States. Explain a court’s powers at law
and in equity under our system.
I.
List and explain the 4 sources of American law
II.
Explain the two classifications of law
III.
What is meant by “the burden of proof” and what is the burden of
proof in a civil case? A criminal case?
IV. Explain the concept of parallel lawsuits
Sample Questions:
O.J. Simpson was arrested and charged with the crime of murder, based
upon the allegation that he murdered his ex-wife and her friend. He was
tried before a jury and found not guilty. Subsequently the family of his
ex-wife sued him in civil court for the tort of inflicting a wrongful death.
A jury in the civil case found for the family and held that Simpson had
intentionally killed his ex-wife.
Study guide, Week One, page 2
1. Is the jury verdict in the second lawsuit valid?
a. No, it is double jeopardy.
b. No, he was already found not guilty by a previous jury.
c. Yes.
d. Both a and b.
2. Your answer to Question 1 is properly based upon which of the
following?
a. The doctrine of double jeopardy.
b. The concept of parallel lawsuits.
c. The difference in the burden of proof and purpose of the two
different cases.
d. Fundamental fairness.
e. both b and c.
The United States Senate is holding a hearing on the issue of
confirmation of a presidential nominee to the Supreme Court. Of
particular concern to a group of senators is the question of whether or
not the nominee will if appointed, vote to uphold a prior landmark
abortion rights decision of the Supreme Court.
Study Guide, week One, page 3
3. What case are we talking about?
a. Roe vs. Wade
b. New Jersey vs. T.L.O.
c. Heart of Atlanta Motel vs. United States
d. Fish vs. Fish
4. Which of the following legal doctrines is in play in this discussion?
a. In Rem jurisdiction
b. in personam jurisdiction
c. stare decisis
d. All of the above