POLI 330 FINAL EXAM REVIEW QUESTIONS
AND ANSWER KEY 2026
◉ first instance courts. Answer: common law = trial courts, this is
the lowest level that are first to listen to a case/attempt to resolve a
dispute
◉ second instance courts. Answer: also called appeals
courts/appellate courts
- also sometimes called "de novo"
- replaces the first instance court's decision
◉ 2 purposes of appeal mechanism. Answer: (1) opportunity for the
loser of the first instance court to get a second chance, shows the
legitimacy of a legal system
(2) supervision of lower courts by higher courts to ensure laws are
applied uniformly
◉ final instance courts. Answer: also called cassation courts, highest
instance courts
- cannot re-examine facts of the case, looking at how the law has
been applied
- can affirm or annul the lower court's decision
,◉ True or false, in common law countries, appellate courts can re-
examine the facts of a case. Answer: FALSE, appellate courts do not
'appeal' a case in the sense that it does not have the power to re-
examine facts and what not. It is more of a cassation court (it
quashes or not decisions)
◉ True or false, civil law is based on fragmented jurisdiction.
Answer: TRUE
◉ Fragmented jurisdiction. Answer: - CIVIL law model
- greek temple structure
- hierarchical system of judicial workflow
- emphasis on consistency of judicial decisions
- Greater % of cases get appealed all the way so the highest court
level
◉ Unitary jurisdiction. Answer: - COMMON law model
- pyramid structure
- not bureaucratic hierarchy rather different levels are working
together
- dialogue
- higher judicial independence
- fewer cases get appealed all the way to the highest level
,◉ True or false, there are more appeals than cassation in civil law
countries. Answer: TRUE, more appeal than cassation in civil law
countries, and more cassation than appeal in common law countries
◉ Lay judges. Answer: Non lawyer judges also known as justice of
the piece judges, magistrate judges or associate judges
- in the CIVIL law system
◉ Prosecutorial system. Answer: - plays an impartial role, not there
to just win the case but to help judge acquire truth
- prosecute criminal cases
- equivalent to the crown attorney/district attorney in common law
system
◉ Additional function of public prosecutors in civil law countries.
Answer: - can represent the public and/or state interests in non-
criminal cases
◉ General oversight of legality power. Answer: - a function of
prosecutors in some countries
- idea of guaranteeing and overseeing everything, can appeal
decisions, oversee state officials, even if no one has complained
- significant power
, ◉ Name the 3 relationships the public prosecutor can have with
other institutions. Answer: (1) subordinate to exec- controlled by
the minister of justice
(2) part of judicial branch- they are magistrates aka judges and have
the same independence
(3) independent- is accountable to the legislature, usually in a
unitary organization
◉ Principle of opportunity vs principle of compulsory prosecution.
Answer: OPP- PP open their cases at their full discretion, not only
based on their subjective estimation of how much evidence there is,
but also on criminal justice concerns
COMPULSORY- PP supposedly do not have any discretion in which
cases they open and they let go
◉ Principle of compulsory prosecution for public prosecutors.
Answer: - no discretion in opening/letting go of cases
- dont have to justify why they press cases
- less transparency
- can bring a case against an unknown perp.
◉ What institution is the public prosecutor part of in France?.
Answer: accountable to the executive, but in same professional body
as the judges (but less powerful than them)
AND ANSWER KEY 2026
◉ first instance courts. Answer: common law = trial courts, this is
the lowest level that are first to listen to a case/attempt to resolve a
dispute
◉ second instance courts. Answer: also called appeals
courts/appellate courts
- also sometimes called "de novo"
- replaces the first instance court's decision
◉ 2 purposes of appeal mechanism. Answer: (1) opportunity for the
loser of the first instance court to get a second chance, shows the
legitimacy of a legal system
(2) supervision of lower courts by higher courts to ensure laws are
applied uniformly
◉ final instance courts. Answer: also called cassation courts, highest
instance courts
- cannot re-examine facts of the case, looking at how the law has
been applied
- can affirm or annul the lower court's decision
,◉ True or false, in common law countries, appellate courts can re-
examine the facts of a case. Answer: FALSE, appellate courts do not
'appeal' a case in the sense that it does not have the power to re-
examine facts and what not. It is more of a cassation court (it
quashes or not decisions)
◉ True or false, civil law is based on fragmented jurisdiction.
Answer: TRUE
◉ Fragmented jurisdiction. Answer: - CIVIL law model
- greek temple structure
- hierarchical system of judicial workflow
- emphasis on consistency of judicial decisions
- Greater % of cases get appealed all the way so the highest court
level
◉ Unitary jurisdiction. Answer: - COMMON law model
- pyramid structure
- not bureaucratic hierarchy rather different levels are working
together
- dialogue
- higher judicial independence
- fewer cases get appealed all the way to the highest level
,◉ True or false, there are more appeals than cassation in civil law
countries. Answer: TRUE, more appeal than cassation in civil law
countries, and more cassation than appeal in common law countries
◉ Lay judges. Answer: Non lawyer judges also known as justice of
the piece judges, magistrate judges or associate judges
- in the CIVIL law system
◉ Prosecutorial system. Answer: - plays an impartial role, not there
to just win the case but to help judge acquire truth
- prosecute criminal cases
- equivalent to the crown attorney/district attorney in common law
system
◉ Additional function of public prosecutors in civil law countries.
Answer: - can represent the public and/or state interests in non-
criminal cases
◉ General oversight of legality power. Answer: - a function of
prosecutors in some countries
- idea of guaranteeing and overseeing everything, can appeal
decisions, oversee state officials, even if no one has complained
- significant power
, ◉ Name the 3 relationships the public prosecutor can have with
other institutions. Answer: (1) subordinate to exec- controlled by
the minister of justice
(2) part of judicial branch- they are magistrates aka judges and have
the same independence
(3) independent- is accountable to the legislature, usually in a
unitary organization
◉ Principle of opportunity vs principle of compulsory prosecution.
Answer: OPP- PP open their cases at their full discretion, not only
based on their subjective estimation of how much evidence there is,
but also on criminal justice concerns
COMPULSORY- PP supposedly do not have any discretion in which
cases they open and they let go
◉ Principle of compulsory prosecution for public prosecutors.
Answer: - no discretion in opening/letting go of cases
- dont have to justify why they press cases
- less transparency
- can bring a case against an unknown perp.
◉ What institution is the public prosecutor part of in France?.
Answer: accountable to the executive, but in same professional body
as the judges (but less powerful than them)
