Deck 1: What Is Criminal Law

Question 1

Law is:

A) a set of rules governing behavior.
B) a set of punishments for those who break society's rules.
C) a set of universal rules that apply to every society in every era.
D) A and C.
E) A and B.

Answer 1

A and B.

Question 2

Common law owes its origination to what nation?

A) United States of America
B) Luxembourg
C) Germany
D) France
E) England

Answer 2

England

Question 3

Common law was developed so:

A) commoners in England would have laws for themselves.
B) the law would be common to all persons.
C) the law would be common to all areas of the English Empire.
D) B and C.
E) None of the above.

Answer 3

B and C.

Question 4

Stare Decisis means:

A) to stare at the decision.
B) a decision rendered in the star chamber.
C) to stand by the decision.
D) to look to the stars for wisdom when making a decision.
E) none of the Above.

Question 5

Jurisprudence is:

A) the doctrine that makes lawyers cautious.
B) the study of law.
C) the concept that the Constitution functions to limit government action.
D) the doctrine that requires judges to follow legal precedents.
E) all of the above

Question 6

Jurisprudence:

A) provides the rationale for every law ever enacted.
B) contains all the wisdom of the ages.
C) is interpreted by different schools of jurisprudence.
D) is viewed the same way by everyone.
E) all of the above

Question 7

Feminist-Critical Legal Theory:

A) argues that women should be given lighter prison sentences than men to reflect that disproportionate amount of discrimination against women in society.
B) argues that laws made by women would lead to fewer incidences of violence, war, and famine.
C) was founded by Gloria Steinem.
D) takes the perspectives of women into account when developing, interpreting, and applying the law.
E) was illegal in the U.S. until the early 20th century.

Question 8

The Natural Law School of jurisprudence believes:

A) laws reflect an effort to perpetuate oppression and social inequalities.
B) law is shaped by logic.
C) legal rules are unnecessary.
D) laws are based on standards of what is and is not correct.
E) law is a combination of social transactions.

Question 9

Which theory of jurisprudence fits the American System?

A) The Historical School
B) The Sociological School
C) The Natural Law School
D) The Analytical School
E) Elements of each school of jurisprudence exist in the American System.

Question 10

According to Blackstone, an act is mala in se if:

A) the act is inherently evil.
B) the act occurs at sea.
C) society decides the act is wrong.
D) Congress passes a law outlawing the act.
E) a court rules the act to be illegal.

Question 11

According to Blackstone, an act is mala prohibita if:

A) the act is inherently evil.
B) the act occurs at sea
C) society decides the act is wrong.
D) Congress passes a law outlawing the act.
E) a court rules the act to be illegal.

Question 12

A crime is:

A) a wrong that destroys property.
B) a wrong resulting from a breach of legal duty .
C) a wrong against society.
D) a wrong against an individual.
E) any wrong.

Question 13

A tort is:

A) a wrong that destroys property.
B) a wrong resulting from a breach of legal duty .
C) a wrong against society.
D) a wrong against an individual.
E) any wrong.

Question 14

The standard of proof in a criminal trial is:

A) a preponderance of evidence.
B) beyond a reasonable doubt.
C) more likely than not.
D) absolute certainty.
E) none of the above.

Question 15

A crime where the penalty is less than a year in prison is most likely:

A) a major crime.
B) a felony.
C) a misdemeanor or summary offense.
D) a misdemeanor or a felony.
E) a capital offense.

Question 16

Murder, rape and robbery are typically considered:

A) summary offenses.
B) misdemeanors.
C) felonies.
D) serious crimes.
E) a typical night in Las Vegas.

Question 17

The following are included in the three branches of the U.S. government, except:

A) the U.S. Congress.
B) the Federal Bureau of Investigation (FBI) .
C) United Nations Security Council.
D) the U.S. Senate.
E) the U.S. Supreme Court.

Question 18

In the federal government's checks and balances system, what check does the federal court system have on the executive and legislative branches of government?

A) The senate must confirm all judicial nominees.
B) The president has the power to appoint judges to the federal bench.
C) The Supreme Court can impeach the president.
D) The Supreme Court can vote to dissolve Congress.
E) Federal courts can declare laws to be unconstitutional.

Question 19

Which of the following statements are true about the impeachment process?

A) Federal judges are appointed for life and cannot be removed from office.
B) Federal judges may be removed from office after being convicted of high crimes or misdemeanors.
C) Impeachment charges are brought in the House of Representatives.
D) Impeachment trials take place in the Senate
E) B, C, and D are all true.

Question 20

The three levels of the federal judiciary are:

A) tax court, bankruptcy court, and criminal court.
B) the Supreme Court, the U.S. Courts of Appeals, and U. S. District Courts
C) federal courts, state courts and local courts
D) patent courts, admiralty court, and bankruptcy court
E) admiralty court, criminal court and civil court.

Question 21

A police officer who observes a person breaking into a house:

A) must wait for a magistrate to issue a warrant.
B) may shoot the burglar without obtaining any more information.
C) may arrest the burglar without obtaining a warrant.
D) must call for backup.
E) none of the above

Question 22

In order to persuade a magistrate to issue an arrest warrant, a police officer must:

A) demonstrate there is probable cause to arrest the person.
B) demonstrate the person committed the crime beyond a reasonable doubt.
C) provide physical evidence that points to the person's guilt.
D) A, B, and C.
E) none of the above

Question 23

The possible outcomes of a preliminary arraignment are:

A) the prisoner is sentenced for his crime.
B) the prisoner is released on his or her own recognizance.
C) bail is set.
D) bail is denied.
E) B, C, and D.

Question 24

At a preliminary hearing:

A) the prosecution presents evidence.
B) the prosecution must show probable cause to hold the defendant for trial.
C) the defense may ask to have the charges dropped.
D) A, B, and C.
E) A and B only.

Question 25

Which pair of documents charge a defendant with a crime?

A) An information and an indictment
B) A nol pros motion and an indictment
C) An arraignment and an information
D) A plea and an arraignment
E) None of the above.

Question 26

Which events occur at an arraignment?

A) The defendant testifies before the grand jury.
B) A representative of the court reads the charges to the defendant.
C) The defense cross-examines prosecution witnesses.
D) The defendant enters a plea to the charges.
E) B and D.

Question 27

Which of the following is NOT a source of American law:

A) the U.S. Constitution
B) the Bill of Rights
C) treaties
D) Common Law
E) the European Union Convention on Human Rights.

Question 28

Which of the following is NOT a goal of the Criminal Justice System:

A) deterrence
B) incapacitation
C) re-education
D) rehabilitation
E) restitution

Question 29

In the criminal justice system, incapacitation refers to:

A) how disabled criminals are treated in the system
B) the rights of disabled crime victims
C) the restriction of a person's freedom and liberties
D) the right of a police officer to disable a criminal to prevent crime
E) the inability of the court system to punish certain criminals

Question 30

Written rules that allow a society to operate are its laws.

Question 31

Laws are enforced by all citizens.

Question 32

Due to the nature of the Common Law system, the law is inflexible.

Question 33

English Common Law was developed so that the law was common to everyone

Question 34

Different theories of law are called jurisprudence derivatives.

Question 35

Durkheim's beliefs form the basis of the Command School.

Question 36

According to Blackstone, an act that is mala in se is bad in and of itself.

Question 37

According to Blackstone, an act that is mala prohibita is prohibited because society has decided to criminalize that behavior.

Question 38

Rehabilitation is the only goal of the Criminal Justice System.

Question 39

The goal of restitution is served when the system issues a proportionate punishment to criminal activity.

Question 40

Civil law protects public rights.

Question 41

The terms tortfeasor and criminal are interchangeable.

Question 42

Most traffic violations are misdemeanors.

Question 43

Summary offenses often result in jury trials.

Question 44

The U.S. Supreme Court sits atop the federal judiciary system.

Question 45

When the Supreme Court decides to hear a case it grants a writ of certiorari.

Question 46

The Senate chooses federal judges.

Question 47

The Supreme Court cited the Supremacy Clause when it ruled the Civil Rights Act of 1964 was constitutional.

Question 48

Police officers may issue arrest warrants.

Question 49

Common law has the same origins as the Napoleonic Code.

Question 50

Treaties are not a source of American law.

Question 51

The body of rules of conduct created by government and enforced by governmental authority is _________.

Question 52

English settlers in North America brought with them a well-developed system of justice known as _________.

Question 53

Stare decisis requires a judge to follow a previous decision using the same or similar facts known as a _________.

Question 54

The study of law is known as _________.

Question 55

According to Blackstone, a behavior that is a crime because society has chosen to criminalize it is ___________

Question 56

The school of jurisprudence that teaches that law is merely the accumulation of a society's traditions is the _________ School.

Question 57

The Criminal Justice System's goal that seeks to inhibit criminal behavior by fear of punishment is ___________.

Question 58

_____________ is the process used to achieve re-entry into society for an individual who has been convicted of a crime.

Question 59

Criminal law protects __________ rights.

Question 60

___________ are the most serious crimes.

Question 61

A person who wishes to have the Supreme Court hear a case must file a petition for _________.

Question 62

Federal judges including Supreme Court justices may only be removed from office through the process of _________.

Question 63

The concept that federal law must take precedence over state and local law is called the _________ doctrine.

Question 64

The Constitution's Commerce Clause allows the federal government to regulate _________ commerce.

Question 65

To issue an arrest warrant, a judge or magistrate must be convinced there is _________ that a crime was committed and the defendant committed it.

Question 66

When Congress passes a law, it often instructs a federal agency or agencies to develop ___________ that provide guidance on how the law should be enforced.

Question 67

MATCHING.

-Law

A) The Study of Law
B) To stand by that which was decided, rule by which courts decide new cases based on how they decided similar cases before.
C) The body of rules of conduct created by government and enforced by the authority of the government.
D) The system of jurisprudence originated in England and later applied in the United States, that is based on judicial precedent rather than legislative enactments.
E) Prior decision that a court must follow when deciding a new, similar case.

Question 68

MATCHING.

-Jurisprudence

A) The Study of Law
B) To stand by that which was decided, rule by which courts decide new cases based on how they decided similar cases before.
C) The body of rules of conduct created by government and enforced by the authority of the government.
D) The system of jurisprudence originated in England and later applied in the United States, that is based on judicial precedent rather than legislative enactments.
E) Prior decision that a court must follow when deciding a new, similar case.

Question 69

MATCHING.

-Common Law

A) The Study of Law
B) To stand by that which was decided, rule by which courts decide new cases based on how they decided similar cases before.
C) The body of rules of conduct created by government and enforced by the authority of the government.
D) The system of jurisprudence originated in England and later applied in the United States, that is based on judicial precedent rather than legislative enactments.
E) Prior decision that a court must follow when deciding a new, similar case.

Question 70

MATCHING.

-Stare Decisis

A) The Study of Law
B) To stand by that which was decided, rule by which courts decide new cases based on how they decided similar cases before.
C) The body of rules of conduct created by government and enforced by the authority of the government.
D) The system of jurisprudence originated in England and later applied in the United States, that is based on judicial precedent rather than legislative enactments.
E) Prior decision that a court must follow when deciding a new, similar case.

Question 71

MATCHING.

-Precedent

A) The Study of Law
B) To stand by that which was decided, rule by which courts decide new cases based on how they decided similar cases before.
C) The body of rules of conduct created by government and enforced by the authority of the government.
D) The system of jurisprudence originated in England and later applied in the United States, that is based on judicial precedent rather than legislative enactments.
E) Prior decision that a court must follow when deciding a new, similar case.

Question 72

MATCHING.

-Consensus Theory

A) The school of jurisprudence thought that believes laws are based on logic.
B) The theory that laws develop out of a society's consensus about what is right and wrong.
C) The school of jurisprudential thought that believes the law is an accumulation of societal traditions.
D) The theory that laws only exist as a means of class oppression.
E) The school of jurisprudential thought that teaches that laws are based on morality and ethics, and that people have natural rights.

Question 73

MATCHING.

-Elite or ruling class Theory

A) The school of jurisprudence thought that believes laws are based on logic.
B) The theory that laws develop out of a society's consensus about what is right and wrong.
C) The school of jurisprudential thought that believes the law is an accumulation of societal traditions.
D) The theory that laws only exist as a means of class oppression.
E) The school of jurisprudential thought that teaches that laws are based on morality and ethics, and that people have natural rights.

Question 74

MATCHING.

-Natural Law School

A) The school of jurisprudence thought that believes laws are based on logic.
B) The theory that laws develop out of a society's consensus about what is right and wrong.
C) The school of jurisprudential thought that believes the law is an accumulation of societal traditions.
D) The theory that laws only exist as a means of class oppression.
E) The school of jurisprudential thought that teaches that laws are based on morality and ethics, and that people have natural rights.

Question 75

MATCHING.

-Historical School

A) The school of jurisprudence thought that believes laws are based on logic.
B) The theory that laws develop out of a society's consensus about what is right and wrong.
C) The school of jurisprudential thought that believes the law is an accumulation of societal traditions.
D) The theory that laws only exist as a means of class oppression.
E) The school of jurisprudential thought that teaches that laws are based on morality and ethics, and that people have natural rights.

Question 76

MATCHING.

-Analytical School

A) The school of jurisprudence thought that believes laws are based on logic.
B) The theory that laws develop out of a society's consensus about what is right and wrong.
C) The school of jurisprudential thought that believes the law is an accumulation of societal traditions.
D) The theory that laws only exist as a means of class oppression.
E) The school of jurisprudential thought that teaches that laws are based on morality and ethics, and that people have natural rights.

Question 77

MATCHING.

-deterrence

A) The process by which a criminal offender is held accountable for the financial harm his or her criminal act or acts has caused the victim or victims.
B) The restriction of a person's freedom and liberties that they would have ordinarily have in society.
C) The theory of justice that considers proportionate punishment to be the best response to criminal activity.
D) The process used to achieve re-entry into society for an individual who has been convicted of a crime.
E) The inhibition of criminal behavior by fear of imprisonment.

Question 78

MATCHING.

-incapacitation

A) The process by which a criminal offender is held accountable for the financial harm his or her criminal act or acts has caused the victim or victims.
B) The restriction of a person's freedom and liberties that they would have ordinarily have in society.
C) The theory of justice that considers proportionate punishment to be the best response to criminal activity.
D) The process used to achieve re-entry into society for an individual who has been convicted of a crime.
E) The inhibition of criminal behavior by fear of imprisonment.

Question 79

MATCHING.

-rehabilitation

A) The process by which a criminal offender is held accountable for the financial harm his or her criminal act or acts has caused the victim or victims.
B) The restriction of a person's freedom and liberties that they would have ordinarily have in society.
C) The theory of justice that considers proportionate punishment to be the best response to criminal activity.
D) The process used to achieve re-entry into society for an individual who has been convicted of a crime.
E) The inhibition of criminal behavior by fear of imprisonment.

Question 80

MATCHING.

-restitution

A) The process by which a criminal offender is held accountable for the financial harm his or her criminal act or acts has caused the victim or victims.
B) The restriction of a person's freedom and liberties that they would have ordinarily have in society.
C) The theory of justice that considers proportionate punishment to be the best response to criminal activity.
D) The process used to achieve re-entry into society for an individual who has been convicted of a crime.
E) The inhibition of criminal behavior by fear of imprisonment.