Deck 2: The American Quest for Freedom and Justice Our Laws

Question 1

Retributive justice and restorative justice offer two similar ways to view justice.

Answer 1

False

Question 2

The basic instrument of the government and the supreme law of the United States is the

A) Declaration of Independence.
B) Constitution.
C) Magna Carta.
D) Freedom of Information Act.
E) American creed.

Answer 2

B

Question 3

The First Amendment

A) separates church from state.
B) guarantees freedom of the press.
C) protects freedom of petition.
D) all of these choices.

Answer 3

D

Question 4

The grand jury's duty is to determine guilt or innocence in cases involving a capital offense.

Question 5

The Fourteenth Amendment guarantees freedom of religion.

Question 6

The Fifth Amendment guarantees due process.

Question 7

Consensus theory holds that individuals within a society agree on basic values.

Question 8

Case law refers to

A) judicial precedents.
B) moral law.
C) religious law.
D) customary law.
E) all of these choices.

Question 9

The duty of a grand jury is to

A) see that the punishment fits the crime.
B) sentence a defendant.
C) assure that there is probable cause to believe a person is guilty of a crime.
D) see that the punishment fits the crime, sentence a defendant, and assure that there is probable cause to believe a person is guilty of a crime.
E) none of these choices.

Question 10

The Declaration of Independence established how the United States should be structured and governed.

Question 11

Statutory law may be

A) passed at the federal level.
B) civil.
C) criminal.
D) passed at the state level.
E) all of the other choices.

Question 12

The Supreme Court has ruled that the Fourth Amendment prohibits, under any circumstance, police officers from stopping and frisking a "suspicious person."

Question 13

The Sixth Amendment establishes

A) due process requirements.
B) freedom of speech.
C) criminal trial rights.
D) due process requirements, freedom of speech, and criminal trial requirements.
E) none of these choices.

Question 14

The first ten amendments to the Constitution are referred to as the

A) primary amendment.
B) civil rights amendments.
C) civil liberties amendments.
D) Bill of Rights.
E) Primary Liberties Bill.

Question 15

The fundamental document describing the liberties of the people and forbidding the government to violate these rights is known as the

A) Declaration of Independence.
B) Bill of Rights.
C) collective state statute.
D) petitionary order.
E) Congressional Constitution.

Question 16

A body of beliefs about individual freedom that most Americans hold is known as

A) an order of authority.
B) the Magna Carta.
C) the American creed.
D) national treaties.
E) the U.S. Code.

Question 17

The Supreme Court has ruled that the First Amendment does not protect all forms of expression.

Question 18

Discretion is the freedom to make judgments that affect not only individuals but also the entire criminal justice system.

Question 19

A term applied to precedents set by the judges in the royal courts of England is____________   law.

A) statutory
B) moral
C) ecclesiastical
D) common
E) customary

Question 20

When a king or ruler took on the responsibility for those who broke the rules, this was called retributive justice.

Question 21

The________________________Amendment protects Americans' right to assemble peaceably for any political, religious, or social activity.

Question 22

A mala prohibita crime is

A) bad because it is forbidden.
B) so offensive it is obviously criminal.
C) one that violates a specific regulatory statute.
D) both bad because it is forbidden and because it violates a specific regulatory statute.
E) none of these choices.

Question 23

The________________________branch of government makes the laws; the________________________branch, of which law enforcement is a part, enforces the laws; and the ____________  branch determines when laws have been violated.

Question 24

The ______ Amendment requires a person to be presumed innocent until proven guilty.

A) First
B) Second
C) Fourth
D) Fifth
E) Sixth

Question 25

Civil law refers to noncriminal restrictions placed on individuals and seeks to obtain

A) punishment.
B) retribution.
C) incapacitation.
D) restitution.
E) punishment, retribution, and incapacitation.

Question 26

The____________Amendment guarantees the right to keep and bear arms.

A) First
B) Second
C) Fifth
D) Sixth
E) Eighth

Question 27

The____________ is literally the guilty act.

A) mens rea
B) corpus delicti
C) mala in se
D) scienter
E) actus reus

Question 28

describes the ability of federal, state, or municipal governments to enforce the laws they pass by granting government agents at each level the authority to use force against those who fail to comply with the laws.

Question 29

An example of a mala in se crime is

A) murder.
B) rape.
C) speeding.
D) both murder and rape.
E) none of these choices.

Question 30

The Fifth Amendment also guarantees that citizens will not be placed in ________________ ________________.

Question 31

Common examples of civil issues that police officers may encounter include

A) custody exchanges.
B) neighbor disputes.
C) renter/landlord disputes.
D) all of these choices.

Question 32

The________________________Amendment does not specifically provide that all citizens have a right to bail, but only that bail will not be excessive.

Question 33

The legal document ordering a person to testify in a court of law as a witness is known as a

A) subpoena.
B) writ of habeas corpus.
C) writ of appearance.
D) writ of certiorari.
E) coercive document.

Question 34

Police power is derived from

A) U.S. Supreme Court decisions.
B) the U.S. Constitution.
C) state statutes.
D) U.S. Supreme Court decisions, the U.S. Constitution, and state statutes.
E) none of these choices.

Question 35

Considering the "spirit of the law" rather than the "letter of the law" is the foundation of

A) equity.
B) customary law.
C) moral law.
D) social law.
E) the American creed.

Question 36

Intent and____________  are not to be confused.

A) mens rea
B) corpus delicti
C) scienter
D) strict liability
E) motive

Question 37

The landmark case that applied due process to juveniles was

A) In re Windship.
B) In re Gault.
C) Watson v. Ohio.
D) Smith v. Pennsylvania.

Question 38

The Fourth Amendment forbids

A) limited searches.
B) unreasonable searches and seizures.
C) excessive bail.
D) double jeopardy.
E) self-incrimination.

Question 39

The exclusionary rule is most closely associated with the____________  Amendment.

Question 40

The____________ asserts that all citizens are created equal and are entitled to the unalienable rights of life, liberty, and the pursuit of happiness.

Question 41

Explain the differences between strict liability, intentional wrongs, and negligence. Which of these is most frequently used in lawsuits against the police?

Question 42

law defines crimes and fixes punishments for them.

Question 43

Discuss the specific rights guaranteed by the First, Second, Fourth, Fifth, Sixth, Eighth, and
Fourteenth Amendments and how they affect the justice process.

Question 44

A____________  is a judicial ruling that significantly alters or affects existing law.

Question 45

Briefly discuss the history of the U.S. Constitution and how it helped to lay the foundation for the criminal justice system. What is the Bill of Rights and why was it created?

Question 46

Briefly describe the following:
a. Social (or moral) law
b. Common law
c. Case law
d. Statutory law

Question 47

Explain the case of Gideon v. Wainwright, the issue it dealt with, and how the court ruled.

Question 48

What are civil rights and civil liberties? The text states that they are "recurring themes in America's development. . . ." How would you explain this statement and what are some examples you would provide to someone who is not familiar with the history and social structure of the United States?

Question 49

Discuss the basic differences between a crime and a tort.

Question 50

Discuss the differences between conservative and liberal crime control policies.

Question 51

Critical Thinking Question
What are the levels of "intent" for criminal law? Discuss each level in detail and provide an example that is not already given in the text. When is intent not an element of a crime? Provide examples. What are motive and scienter?

Question 52

A____________  is a civil wrong for which the court will seek a remedy in the form of damages to be paid.

Question 53

Crimes where criminal intent is not an element are known as____________  crimes.

Question 54

Describe the guarantees and/or requirements of the following:
a. The First Amendment
b. The Second Amendment
c. The Fourth Amendment
d. The Fifth Amendment
e. The Sixth Amendment
f. The Eighth Amendment
g. The Fourteenth Amendment

Question 55

Section________________________of U.S. Code, Title 42, stipulates that anyone acting under the authority of local or state law who violates another person's Constitutional rights-even though he or she is upholding a law-can be sued.