Deck 4: Criminal Law

Question 1

Written on an ancient stone tablet, this collection of over 250 laws covered a wide range of issues.

A)Code of Justinian.
B)Magna Carta.
C)Ten Commandments.
D)Code of Hammurabi.

Answer 1

D

Question 2

Laws must be .

A)Published in the criminal code.
B)Enacted by the legislature.
C)Enforced in a fair and evenhanded manner by the authorities.
D)All of the above.

Answer 2

D

Question 3

A major English document that contributed to U.S. law is the .

A)Magna Carta.
B)Assize of Clarendon.
C)Constitution.
D)Code of Hammurabi.

Answer 3

A

Question 4

This is sometimes called case law, judiciary law, or unwritten law.

A)Statutory law.
B)Common law.
C)Constitutional law.
D)Tort law.

Question 5

The type of law that is enacted by legislatures is called .

A)Statutory law.
B)Written law.
C)Common law.
D)Precedent.

Question 6

In which case did the Supreme Court decide that the value of expert testimony that provides evidence of a pertinent issue does not depend on whether the witness personally knows a defendant or a defendant's particular characteristics?

A)People v. Aphaylath.
B)Durham v. United States.
C)Plessy v. Ferguson.
D)Marbury v. Madison.

Question 7

Common law is based on .

A)Precedent.
B)Discretion.
C)Penal code.
D)The Magna Carta.

Question 8

Which issue guides precedent?

A)Predictability.
B)Efficiency.
C)Reliability.
D)All of the above.

Question 9

The legal principle in which courts are bound by the decisions of previous courts is called .

A)Lex talionis.
B)Habeas corpus.
C)Nolo contendere.
D)Stare decisis.

Question 10

The first 10 amendments to the Constitution are called the .

A)First Ten Amendments.
B)Ten Commandments.
C)Bill of Rights.
D)Code of Hammurabi.

Question 11

A writ of is issued to bring a party before the court.

A)Warrant.
B)Stare decisis.
C)Lex talionis.
D)Habeas corpus.

Question 12

Statutes are published in .

A)The common law.
B)Penal codes.
C)The Constitution.
D)The Bill of Rights.

Question 13

This is a law enacted by a legislature.

A)Statute.
B)Regulation.
C)Rule.
D)Bill.

Question 14

According to the Amendment, "No person shall be held to answer for a capital, or otherwise, infamous crime, unless on a presentment or indictment of a grand jury."

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

Question 15

Which is one of the three criteria used to determine what behaviors are made criminal?

A)The effects of the law.
B)The existence of other means to protect society from undesirable behavior.
C)The enforceability of the law.
D)All of the above.

Question 16

What is the important difference between the criminal law and civil law?

A)The type of attorney.
B)The type of judge.
C)Criminal cases require a jury; civil cases do not.
D)The identity of the aggrieved party.

Question 17

This type of law covers personal wrongs and damage and includes libel, slander, assault, trespass, and negligence.

A)Tort law.
B)Substantive law.
C)Civil law.
D)Criminal law.

Question 18

This legal principle states that a person cannot be tried twice for the same offense.

A)Double jeopardy.
B)Lex talionis.
C)Habeas corpus.
D)Double standard.

Question 19

law sets forth what behaviors are defined as crime.

A)Procedural.
B)Tort.
C)Substantive.
D)Civil.

Question 20

law prescribes the methods for the enforcement and use of the law.

A)Substantive.
B)Criminal.
C)Civil.
D)Procedural.

Question 21

This type of law comes from judicial decisions and requires judges to consider how previous cases dealt with similar issues.

A)Case law.
B)Criminal law.
C)Tort law.
D)Civil law.

Question 22

This type of offense includes murder, rape, assault, larceny, and arson.

A)Misdemeanor.
B)Inchoate offense.
C)Felony.
D)Conspiracy.

Question 23

Usually the maximum incarceration for this type of offense is up to one year in jail.

A)Inchoate offense.
B)Felony.
C)Misdemeanor.
D)Civil crime.

Question 24

An example of this type of offense is conspiracy.

A)Misdemeanor.
B)Inchoate offense.
C)Sensational crime.
D)Terrorism.

Question 25

Actus reus, mens rea, and concurrence constitute .

A)Corpus delicti.
B)An inchoate offense.
C)"Guilty deed."
D)Stare decisis.

Question 26

Mens rea means " ."

A)Not guilty.
B)An eye for an eye.
C)Guilty mind.
D)Guilty deed.

Question 27

This defense attempts to give physical or psychological reasons that a defendant cannot comprehend his or her criminal actions, their harm(s), or their punishment.

A)Insanity defense.
B)Actus reus.
C)Infancy.
D)Alibi.

Question 28

This type of offense tends to involve offenses in which the public's welfare is at issue.

A)Civil offense.
B)Status offense.
C)Strict liability.
D)Inchoate offense.

Question 29

Which is not one of the six arguments that can be employed in the defense against a criminal indictment?

A)My client did not do it.
B)My client did it but is insane.
C)My client did it.
D)My client did it for a good reason.

Question 30

A code of laws that deals with crimes and the punishment for them.

A)Penal codes.
B)Codes of Hammurabi.
C)Punishment codes.
D)Legal codes.

Question 31

This defense involves the defendant claiming not to have been at the scene of a crime during its commission.

A)Mens rea.
B)Infancy.
C)Insanity defense.
D)Alibi.

Question 32

In legal terminology, is the state of a child who has not yet reached the specified age to be considered an adult.

A)Delinquency.
B)Infancy.
C)Majority.
D)All of the above.

Question 33

Insanity is a legal term, not a medical term.

Question 34

The Magna Carta contributed little to U.S. law.

Question 35

The Code of Hammurabi contained over 250 laws that covered a range of economic, social, and criminal issues.

Question 36

Common law and statutory law are the same thing.

Question 37

The Supreme Court created a new test for insanity in Durham v. United States.

Question 38

Adopted shortly after the English Bill of Rights, Solon's Laws were an important precursor to the American Declaration of Independence.

Question 39

The Durham Rule is used more than any other standard to determine insanity.

Question 40

The excuse of age is called "juvenile exclusion."

Question 41

New laws can abridge rights given in the Constitution.

Question 42

The double jeopardy defense is based on common law and the Fifth Amendment.

Question 43

The early North American colonies rejected the principles of English common law that called for cases to be decided on precedent.

Question 44

Common law ideals are based on predictability, reliability, efficiency, and equality.

Question 45

The Bill of Rights is not especially important to the criminal law.

Question 46

There is a fairly consistent pattern of laws across the United States.

Question 47

The substantive law is concerned with how criminal justice officials enforce the law.

Question 48

Law is derived from a single source.

Question 49

The foundation for the criminal justice system is the civil law.

Question 50

The Latin phrase "nullen crimen, nulla poena, sine lege" means There is no crime, there is no punishment, without law.

Question 51

There are no exceptions to the requirement of the presence of both mens rea and actus reus to constitute an offense.

Question 52

In the Twinkie defense, attorneys representing Dan White claimed that he shot and killed two people because he ate too many dessert cakes.

Question 53

List three legal codes that were written before 1776.

Question 54

List and describe the two ways that laws may be challenged for constitutionality.

Question 55

What are administrative rules and what is their relationship with criminal statutes and the Constitution?

Question 56

What are the legal terms for the criminal act, the criminal intent, and the relationship between the two?

Question 57

List three of six common legal standards used to determine insanity.

Question 58

Discuss an example of a defense that focuses on the conduct of law enforcement authorities.