Deck 2: Concepts of Law and Justice

Question 1

The primary historical influences of American Law can be found in ______.

A)Roman Law and English Common Law
B)English Common Law and Spanish Codes
C)Spanish Codes and Asian Tablature
D)Germanic Law and Spanish Codes

Answer 1

A

Question 2

Federal criminal laws are enacted by the ______.

A)judicial branch
B)legislative branch
C)executive branch
D)executive agencies

Answer 2

B

Question 3

Under civil law, the punishment comes in which of the following forms?

A)financial
B)probation
C)imprisonment
D)rehabilitation

Answer 3

A

Question 4

In civil law, the person who initiates the case is called the ______.

A)prosecutor
B)defendant
C)plaintiff
D)respondent

Question 5

______ cases are brought by the government against a defendant for violating a specific law.

A)Criminal
B)Civil
C)Family
D)Contract

Question 6

______ governs disputes between individuals or private parties?

A)Criminal law
B)Civil law
C)Administrative law
D)Constitutional law

Question 7

Municipal criminal law is limited to cases involving which of the following?

A)status offenses and infractions
B)infractions and misdemeanors
C)misdemeanors and status offenses
D)felonies and misdemeanors

Question 8

States have the power to make law prohibiting behaviors under the ______ Amendment.

A)First
B)Fourth
C)Ninth
D)Tenth

Question 9

Infractions are unique in that they follow which of the following?

A)clear and convincing evidence
B)probable cause
C)preponderance of the evidence
D)beyond a reasonable doubt

Question 10

One of the earliest examples of law can be found in the ______.

A)Roman Law
B)Doctrine of Stare Decisis
C)Twelve Tables
D)Code of Hammurabi

Question 11

Which of the following types of laws generally involves violations of private acts, such as contracts, property disputes, and family law?

A)criminal
B)civil
C)family
D)tribal

Question 12

Under civil law, the burden of proof is ______.

A)beyond a reasonable doubt
B)preponderance of the evidence
C)clear and convincing evidence
D)reasonable suspicion

Question 13

In civil cases, the burden to prove the case is placed on ______.

A)prosecutor
B)defendant
C)plaintiff
D)respondent

Question 14

Which of the following apply to federal criminal laws?

A)federal laws apply only to U.S.territories
B)federal laws are made under the 10th Amendment
C)federal law is limited to very specific geographic jurisdictions
D)federal law violations can also be triggered when crimes occur across state lines

Question 15

The concept of precedent emerged in the ______.

A)Roman Law
B)Doctrine of Stare Decisis
C)English Common Law
D)Code of Hammurabi

Question 16

In civil cases, the person who is responding to the case is the ______.

A)prosecutor
B)defendant
C)plaintiff
D)respondent

Question 17

______ are violations that are punishable by a fine but do not carry a potential jail sentence.

A)Status offenses
B)Infractions
C)Misdemeanors
D)Felonies

Question 18

Under criminal law, the burden of proof is ______.

A)beyond a reasonable doubt
B)preponderance of the evidence
C)clear and convincing evidence
D)probable cause

Question 19

Which of the following is considered to be the highest burden of proof under the law?

A)clear and convincing evidence
B)probable cause
C)preponderance of the evidence
D)beyond a reasonable doubt

Question 20

The most common type of infractions are ______.

A)traffic violations
B)jaywalking
C)disturbing the peace
D)not wearing a seat belt

Question 21

______ law is based on legal precedent.

A)Statutory
B)Case
C)Administrative
D)Constitutional

Question 22

Under case law, which of the following individuals provides written explanations of their decision in a court case?

A)prosecutors
B)defendants
C)arresting officers
D)judges

Question 23

Which of the following amendments protects against double jeopardy and self-incrimination?

A)Fourth Amendment
B)Fifth Amendment
C)Sixth Amendment
D)Eighth Amendment

Question 24

In June 2015, Texas governor Greg Abbott signed Senate Bill 11, which permits individuals with a concealed handgun license to legally carry in college campuses.This is an example of ______ law.

A)statutory
B)case
C)administrative
D)constitutional

Question 25

Which of the following argues that punishment should fit the crime?

A)lex talionis
B)mens rea
C)actus reus
D)stare decisis

Question 26

______ means that a person cannot be tried for a crime more than once.

A)Self-incrimination
B)Double jeopardy
C)Preponderance
D)Probable cause

Question 27

The primary source for administrative law is the ______.

A)Federal Administrative Procedure Act
B)Federal Crime Commission
C)Federal Communicational Commission
D)U.S.Constitution

Question 28

Which of the following sources of law refers to laws that are established by governments?

A)statutory
B)case
C)administrative
D)constitutional

Question 29

Which of the following entities can override a presidential veto?

A)judiciary
B)states
C)executive agencies
D)Congress

Question 30

______ law spans across virtually every topic, including intelligence, security, banking, finance, food, education, and communications.

A)Statutory
B)Case
C)Administrative
D)Constitutional

Question 31

Which of the following sources of law includes the highest laws of the land?

A)statutory
B)case
C)administrative
D)constitutional

Question 32

The framers of the Constitution were concerned about preserving ______.

A)the status quo
B)states' rights
C)due process for individuals
D)slavery

Question 33

Which of the following amendments protects against cruel and unusual punishment?

A)Fourth Amendment
B)Fifth Amendment
C)Sixth Amendment
D)Eighth Amendment

Question 34

Which of the following amendments protects individuals against unreasonable searches and seizures?

A)Fourth Amendment
B)Fifth Amendment
C)Sixth Amendment
D)Eighth Amendment

Question 35

Which of the following amendments provides for the right to a speedy trial by an impartial jury of one's peers in the jurisdiction where the crime occurred?

A)Fourth Amendment
B)Fifth Amendment
C)Sixth Amendment
D)Eighth Amendment

Question 36

______ law is created as a result of legal decisions by courts.

A)Statutory
B)Case
C)Administrative
D)Constitutional

Question 37

______ law refers to the body of law that governs the creation and function of state and federal government agencies.

A)Statutory
B)Case
C)Administrative
D)Constitutional

Question 38

Explanations in case law are referred to as ______.

A)beliefs
B)rules
C)opinions
D)legal matters

Question 39

Which of the following was identified as one of the purposes of the Administrative Procedure Act?

A)mandate that the public informs government agencies of the nature, procedures, and rules of their organization
B)to ensure that government officials are the only ones with information pertaining to government agencies
C)to establish and implement a uniform process by which rules are made and violations are adjudicated
D)allows states and localities to implement federal administrative rules

Question 40

The method of direct democracy is popular in which of the following states?

A)Texas
B)Virginia
C)Utah
D)California

Question 41

All of the following statements regarding substantive criminal are true EXCEPT which?

A)Substantive criminal law is another way to describe administrative law.
B)It refers to the criminal act.
C)It defines the potential punishment for someone who is convicted of a crime.
D)It provides structure by which cases should move through the system.

Question 42

Consuming alcohol and then getting in a car to drive is considered to be a(n) ______.

A)voluntary act
B)involuntary act
C)failure to act
D)omission to act

Question 43

Which of the following defenses is used when individual argues that they had to break the law in order to prevent a more significant harm from occurring?

A)duress
B)entrapment
C)necessity
D)self-defense

Question 44

In cases of ______ the original violation is considered moot.

A)duress
B)entrapment
C)necessity
D)self-defense

Question 45

The ______ refers to the harm that is experienced as a result of the act and the intent joining together.

A)actus reus
B)mens rea
C)concurrence
D)result

Question 46

______ refers to when intent and action join together.

A)Actus reus
B)Mens rea
C)Concurrence
D)Result

Question 47

______ refers to when someone is forced to violate the law out of fear for their own safety.

A)Duress
B)Entrapment
C)Necessity
D)Self-defense

Question 48

Crimes that are ______ acts are considered to be inherently illegal.

A)actus reus
B)mens rea
C)mala in se
D)mala prohibita

Question 49

Which of the following refers to strategies used to justify, explain, or excuse criminal behavior?

A)precedent
B)defense
C)innocence
D)procedure

Question 50

In strict liability crimes, ______ does not need to be proven in order for the individual to be guilty.

A)actus reus
B)mens rea
C)stare decisis
D)lex talionis

Question 51

Which of the following components of a crime refers to the "evil thought" or intent?

A)actus reus
B)mens rea
C)concurrence
D)result

Question 52

The M'Naghten rule is the foundation for most state definitions of the ______ defense.

A)duress
B)insanity
C)necessity
D)self-defense

Question 53

Cases of ______ require that the use of force is justified based on the nature of the intrusion.

A)duress
B)entrapment
C)necessity
D)self-defense

Question 54

Which of the following statements regarding procedural criminal law are true?

A)It is another way to describe statutory law.
B)It defines the potential punishment for someone who is convicted of a crime.
C)It requires that police officers inform someone of his or her constitutional rights to remain silent.
D)It refers to what acts we define as criminal.

Question 55

Which of the following defenses is used when an individual is NOT held responsible for his or her criminal actions as a result of his or her mental state?

A)self-defense
B)insanity
C)intoxication
D)duress

Question 56

Which of the following refers to what happens within the context of the act that makes it a crime?

A)attendant circumstances
B)mitigating factors
D)strict liability
D)concurrence

Question 57

Acts that are ______ are only crimes because they have been defined under the law as illegal.

A)actus reus
B)mens rea
C)mala in se
D)mala prohibita

Question 58

Which of the following is an example of a mala prohibita crime?

A)manslaughter
B)murder
C)rape
D)prostitution

Question 59

In order for a crime to exist, there must be an act that is defined by society as bad or wrong.Which component of a crime does this refer to?

A)actus reus
B)mens rea
C)concurrence
D)result

Question 60

Which of the following occurs when an individual is deceived by an official into engaging in an illegal act?

A)duress
B)entrapment
C)necessity
D)self-defense

Question 61

All of the following were identified as concerns regarding the legalization of marijuana EXCEPT ______.

A)increase in drugged driving
B)decreased IQ
C)increases in youth use
D)use as a substitute for opioids

Question 62

Proposition 83 (otherwise known as "Jessica's Law") was passed by a vote of 70.5% of Californian voters in 2006 and was designed to increase the punishment for individuals who are convicted of sexually based crimes against adults and children.This is an example of case law.

Question 63

Administrative law refers to the body of law that governs the creation and function of state and federal government agencies.

Question 64

Double jeopardy prevents individuals from being tried for the same crime twice.

Question 65

The mental element of a crime is actus reus.

Question 66

In cases where there is a conflict between state and federal law, it is up to the federal court system to resolve these disputes.

Question 67

English Common Law and Roman Law are among the primary influences of American Law.

Question 68

Which of the following statements is consistent with the argument that sexual harassment is separated from other forms of sexual assault?

A)Sexual harassment, sexual assault, and rape are all the same.
B)The impacts of sexual harassment are different from the impacts of rape.
C)The distinction between sexual assault and sexual harassment is to honor the unique experiences and consequences of each type of trauma.
D)All forms of sexual misconduct are harmful and the #METOO movement did not define the various forms.

Question 69

Federal criminal laws are enacted by the executive branch of the federal government.

Question 70

Stare decisis means that a person has the right to remain silent and does not have to respond to questions that might implicate themselves in a criminal offense.

Question 71

The concept of precedent comes from English Common Law.

Question 72

Under civil law, the plaintiff must provide evidence to prove their case by the preponderance of the evidence.

Question 73

Mens rea refers to the intent to commit the crime.

Question 74

Municipalities can have their own body of law.

Question 75

Under civil law, the form of punishment is financial.

Question 76

Case law is directly linked to statutory law.

Question 77

Murder is an example of a mala prohibita act.

Question 78

The primary source for administrative law is the Federal Administrative Procedure Act (APA).

Question 79

Depending on the type of crime that the defendant is convicted of, he or she may receive probation, spend time in jail or prison, or be executed as punishment for the crime.

Question 80

Criminal law governs disputes between individuals and private parties.