Deck 2: Law and Crime

Question 1

What is the body of rules, other than criminal law, that governs private parties?

A)inheritance law
B)civil law
C)production law
D)attempt law

Answer 1

B

Question 2

The party who initiates a civil suit is known as the:

A)Appellant
B)Victim
C)appellee
D)plaintiff

Answer 2

D

Question 3

Much of the Bill of Rights has been made applicable to the states through the:

A)Fourth Amendment
B)doctrine of precedent
C)legislative process
D)Fourteenth Amendment

Answer 3

D

Question 4

Which two Amendments to the U.S.Constitution mention due process?

A)Fifth and Sixth
B)Eighth and Tenth
C)Fifth and Fourteenth
D)Eighth and Fourteenth

Question 5

The burden of proof required for a victory in a civil case is:

A)preponderance of evidence
B)beyond a reasonable doubt
C)probable cause
D)reasonable suspicion

Question 6

Victims of crime are increasingly resorting to:

A)notifying law enforcement
B)criminal prosecution
C)vigilantism
D)civil litigation

Question 7

Laws created by federal and state legislatures are known as:

A) ordinances
B) administrative regulations
B) statutes
C) legislation

Question 8

Which of the following is not an element of a crime?

A)Mens rea
B)Actus reus
C)Attendant circumstances
D)Guilty conscience

Question 9

A court order directing a specific action or lack of action is known as an:

A)interrogatory
B)indictment
C)injunction
D)interdiction

Question 10

Mens rea refers to the:

A)guilty act
B)body of the crime
C)scene of the crime
D)guilty mind

Question 11

Which of the following is the highest burden of proof?

A)Clear and convincing evidence
B)Preponderance of evidence
C)Probable cause
D)Proof beyond a reasonable doubt

Question 12

Which Amendment to the U.S.Constitution prohibits unreasonable searches and seizures?

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

Question 13

What is the name of rules and regulations adopted by administrative agencies that have the force of law?

A)statutory regulations
B)constitutional regulations
C)administrative regulations
D)due process regulations

Question 14

This Amendment to the U.S.Constitution guarantees the right to counsel.

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

Question 15

The prosecution always bears the burden of persuading the trier-of-fact that the defendant:

A) is guilty based on clear and convincing evidence.
B) committed the majority of the elements of the crime(s) charged
C) committed each and every element of the crime(s) charged
D) is guilty and deserves to be punished to the fullest extent of the law

Question 16

The primary justification for providing constitutional safeguards in the criminal justice process is to ensure that:

A) innocent persons are not harassed or wrongly convicted
B) the guilty are punished
C) society administers justice to the accused
D) convictions are not overturned on appeal

Question 17

The key characteristics of common law include all of the following, except:

A) predominately judge-made
B) based on justice
C) found in multiple sources
D) applies rules of law found in previous cases

Question 18

In what type of plea bargain does the defendant plead guilty to a less serious offense than the one charged?

A)sentence bargaining
B)charge bargaining
C)defense bargaining
D)prosecution bargaining

Question 19

A common civil remedy used in drug cases is:

A)writ of habeas corpus
B)mandatory minimum sentences
C)asset forfeiture
D)declaratory damages

Question 20

An example of a legal attendant circumstance would be:

A)the credibility of eyewitnesses
B)the defendant's character
C)the defendant's getaway vehicle
D)the amount of money or goods stolen

Question 21

The guilty act, guilty intent, relationship between guilty act and guilty intent, attendant circumstances, and results combined make up what is known as…

A)elements of juvenile delinquency
B)elements of administrative law
C)elements of civil law
D)elements of a crime

Question 22

The adversary system incorporates a series of checks and balances aimed at curbing political misuse of the criminal courts through:

A) incorporation of rights
B) diffusion of powers
C) prosecutorial discretion
D) judicial activism

Question 23

The mental state, or criminal intent, required for a crime to have been committed is referred to as…

A) actus reus
B) mens rea
C) corpus delicti
D) result

Question 24

By what standard of proof is the prosecution now required to prove the validity of Nicky's waiver of rights?

A) No standard, it is the responsibility of the defense to prove the waiver was not valid.
B) Probable cause
C) Preponderance of the evidence
D) Proof beyond a reasonable doubt

Question 25

Infancy and insanity are known as:

A) substantive defenses
B) excuse defenses
C) justification defenses
D) mental incapacity defenses

Question 26

What type of proof is necessary to arrest, conduct a search or seize evidence?

A)probable cause
B)reasonable suspicion
C)beyond a reasonable doubt
D)clear and convincing evidence

Question 27

This doctrine requires a judge to decide a case by applying the rule of law found in previous cases, provided the facts are similar.

A) selective incorporation
B) judicial restraint
C) precedent
D) jurisprudence

Question 28

Which of the following is one example of a safeguard provided by the adversarial system?

A)The presumption of equality
B)Pretrial detention of defendants
C)The right to compensation for losses suffered
D)The right to cross-examination

Question 29

The level of proof for an officer to conduct a brief, limited, investigative detention ("stop and frisk") is:

A) probable cause
B) mere suspicion
C) clear and convincing evidence
D) reasonable suspicion

Question 30

What is the legal doctrine whereby the Supreme Court ruled that the due process clause of the Fourteenth Amendment made some provisions of the Bill of Rights applicable to the states?

A) selective incorporation
B) stare decisis
C) precedent
D) remedy

Question 31

Which of the following is not a major area of civil law?

A) personal injury
B) inheritance/probate
C) divorce and child custody
D) juvenile delinquency

Question 32

The United States operates under the adversary system of law, characterized by which of the following important principles?

A)Accusations of criminal conduct would not be raised against a defendant unless there was some certainty of guilt.
B)That two parties approaching the facts from entirely different perspectives offers the best chance at uncovering the truth.
C)Obtaining the truth is paramount regardless of the methods employed in uncovering it.
D)That punishment should be swift and certain.

Question 33

Under the adversary system, it is the responsibility of the defense attorney to:

A) prove the defendant not guilty by a preponderance of the evidence.
B) argue for the client's innocence and assert legal protections.
C) dispute all evidence presented by the prosecution.
D) present a defense that counters all claims made by the prosecution.

Question 34

Which of the following is not one of the five major areas of civil law?

A)tort
B)contract
C)property
D)all of these area major areas of civil law

Question 35

When a defendant bears the burden of persuasion to prove a defense, it is called a(n):

A) alibi defense
B) affirmative defense
C) defense rebuttal
D) violation of due process

Question 36

From the case citation Miranda v.Arizona, 384 U.S.436 (1966), the reader knows which of the following?

A)The decision is in favor of the defendant.
B)The case was a criminal case.
C)The case is in volume 384 of the Supreme Court Reports.
D)The case is found on

Question 37

What type of law in the United States places a heavy emphasis on protecting the rights of individuals?

A) procedural law
B) inferential law
C) substantive law
D) administrative law

Question 38

Criminal trials start with two presumptions: the presumption of innocence and the presumption of:

A) sanity
B) equality
C) zealous representation
D) judicial activism

Question 39

When legislatures increase the harshness of criminal penalties, how do courts often respond?

A)the courts mitigate that harshness
B)the courts support that harshness
C)the courts implement that harshness
D)the courts apply that harshness

Question 40

What is the name of a crime that is generally punishable by a fine or up to a year in jail?

A) felony crime
B) misdemeanor crime
C) delinquent crime
D) property crime

Question 41

The use of precedent promotes fairness and consistency.

Question 42

The most controversial defense of justification is insanity.

Question 43

An example of a procedural safeguard in the trial process is contained in the Sixth Amendment's right to confront witnesses.

Question 44

Variations in the definitions of crimes make the criminal courts fertile ground for plea bargaining.

Question 45

Selective incorporation refers to the application of certain provisions of the Bill of Rights to the states through the Fourteenth Amendment.

Question 46

Which of the following elements is apparently lacking in this scenario?

A) actus reus
B) omission
C) mens rea
D) criminal result

Question 47

Democratic governments derive their powers from the law.

Question 48

The mental state required for a crime to have been committed is referred to as the actus reus.

Question 49

Which of the following is true regarding the use of the insanity defense in this case?

A)In addition to the burden of proving the elements of the offense, the prosecution bears the additional burden of proving the defendant is not insane.
B) With increasing public awareness regarding mental illnesses, the insanity defense has become more commonly presented and is often successful.
C)The defense bears the burden of proving the defendant's insanity, often an expensive proposition.
D) If acquitted, Joe will likely spend less time in a mental facility than in jail or prison.

Question 50

Which of the following statements is true regarding the legality of the "stop and frisk"?

A) The stop was illegal. The officers did not have specific, articulable facts to justify the stop.
B) The stop was legal. A brief investigative stop can be justified by the circumstances.
C) The stop was legal. The gun provided probable cause to justify the stop, a standard of proof higher than reasonable suspicion.
D) The stop was illegal. The officers didn't find any drugs on the suspect.

Question 51

The standard of proof for the government prosecutor under the adversary system is beyond a reasonable doubt.

Question 52

Tort law includes any wrong, hurt, or damage done to a person's rights, body, reputation, or property.

Question 53

To be criminal, an act must be voluntary.

Question 54

One of the five major areas of civil law is domestic relations law.

Question 55

The most obvious way criminal law affects the operation of the criminal courts is in sentencing.

Question 56

Which of the followings statements regarding Roberta's criminal liability is true?

A) Roberta is not guilty because this tragedy was an accident.
B) Roberta is not guilty because although she was negligent, she had no criminal intent to harm her child.
C) Roberta is guilty because she intentionally left her child in the car and the same intent applies to any harm that results.
D) Roberta is guilty because she had a legal duty to keep her child safe-her negligent omission resulted in the child's death.

Question 57

Legislatures did not become a principal source of law in the U.S.until the 20ᵗʰ century.

Question 58

"Beyond a reasonable doubt" means over 95% certainty of guilt.

Question 59

Which of the following facts cannot be used to provide justification for the stop?

A) It was an area known for heavy drug trafficking.
B) The suspect was standing next to a building holding an opaque bag.
C) The suspect's unprovoked flight upon seeing the officers.
D) Discovery of the concealed handgun.

Question 60

Necessity is not a defense recognized by law.

Question 61

Law is both substantive and _____.

Question 62

In every criminal case the prosecution must prove what is known as _____, a Latin phrase meaning "body of the crime."

Question 63

Administrative regulations are the newest, fastest growing, and least understood source of law.

Question 64

One of the most fundamental protections recognized in the American criminal justice process is the presumption of _____.

Question 65

Due process requires that no law or government procedure should be arbitrary or capricious.

Question 66

The right to cross-examination is guaranteed by the Sixth Amendment.

Question 67

Law is a body of rules enacted by public officials in a legitimate manner and back by the force of the state.

Question 68

The burden of persuasion is the obligation of a party to prove a fact to a certain level.

Question 69

The doctrine of stare decisis ("let the decision stand") precludes judges from overturning previous decisions.

Question 70

The Constitutional right to counsel applies at both criminal and civil proceedings.

Question 71

Punitive damages in a tort case represent the actual losses suffered by the plaintiff and are frequently awarded by juries.

Question 72

_____ are conclusions or deductions that can be made based on the facts that have been established by the evidence.

Question 73

The Fourth Amendment guarantees freedom from search and seizure.

Question 74

A ruling in a previous case that serves as a guide in deciding subsequent cases with similar circumstances is known as a _____.

Question 75

The basis of law can be summarized in two words: _____ conflict.

Question 76

_____ is independently verifiable factual information that supports the conclusion that there is a "fair probability" that a crime occurred or that a particular person was involved in a crime.

Question 77

The _____ is the name for the first ten Amendments of the U.S.Constitution.

Question 78

The _____ of a crime provide the technical definition of a crime.

Question 79

A failure to act when there is a legal duty to act can also qualify as "actus reus."

Question 80

The doctrine of applying the Bill of Rights to the states through the Fourteenth Amendment is known as _____.