Question 1

This course concentrates on the kind of law that defines rights, elements, and responsibilities and is called _____________________.

Accepted Answer

A)  procedural law 
B)  substantive law 
C)  constitutional law 
D)  statutory law

Question 2

To avoid a constitutional challenge on the basis of "void for vagueness," a criminal statute must meet three characteristics. Which of the following is not one of the characteristics?

Accepted Answer

A)  must not unreasonably deny people their Eighth Amendment rights 
B)  must guard against arbitrary and discriminatory enforcement 
C)  must give fair and adequate notice to those who are subject to it 
D)  must not unreasonably deny people their First Amendment rights

Question 3

The constitutionality of a state's statutes, ordinances, and other acts under its state constitution is determined by:

Accepted Answer

A)  its legislature 
B)  its appellate courts 
C)  the United States Supreme Court 
D)  its highest appellate court

Question 4

Civil law is distinguishable from criminal law in all of the following ways except:

Accepted Answer

A)  it is a cause of action between a private party and the state 
B)  it seeks to compensate through monetary damages 
C)  its rules of procedure are different 
D)  its rules of evidence are different

Question 5

The ____________________ doctrine means that although a state may change its statutes or regulations to benefit a person, it may not do so to impose punishment that did not exist at the time the act was committed or to increase the punishment.

Accepted Answer

A)  relation back 
B)  habeas corpus 
C)  double jeopardy 
D)  ex post facto

Question 6

There are approximately five factors that distinguish tort law from criminal law. State the differences, and explain each.

Accepted Answer

The answer of There are approximately five factors that distinguish...

Question 7

Throughout history the criminal law has had the same basic goals. Of the following, which is not one of those goals?

Accepted Answer

A)  retribution 
B)  incapacitation 
C)  deterrence 
D)  compensation

Question 8

What is based on the assumption that behavior is rational and that criminal behavior can be prevented if people fear the consequences of their actions?

Accepted Answer

A)  Retribution 
B)  Incapacitation 
C)  Rehabilitation 
D)  Deterrence

Question 9

Discuss the difference between beyond a reasonable doubt, clear and convincing proof, and preponderance of the evidence. Give an example of the usage of each.

Accepted Answer

The answer of Discuss the difference between beyond a reasonable...

Question 10

List the four sources of criminal law and describe their origins in detail. Which of the four sources is most commonly seen today?

Accepted Answer

The answer of List the four sources of criminal law...

Question 11

The power of appellate courts to interpret lower court decisions, statutes, and ordinances is known as:

Accepted Answer

A)  appellate review 
B)  executive review 
C)  judicial review 
D)  congressional review

Question 12

There are several justifications for exacting punishment in the criminal law. What factors cause a shift from one justification to another, and what justification do we use today?

Accepted Answer

The answer of There are several justifications for exacting punishment...

Question 13

The United States has what type of court system?

Accepted Answer

A)  Dual 
B)  Inquisitorial 
C)  Communist 
D)  One

Question 14

How is criminal law different from civil law?

Accepted Answer

The answer of How is criminal law different from civil...

Question 15

What is the burden of proof in a criminal case, and who bears that burden?

Accepted Answer

The answer of What is the burden of proof in...

Question 16

How do we limit jurisdiction of courts geographically? Explain, and give examples.

Accepted Answer

The answer of How do we limit jurisdiction of courts...

Question 17

A statute that seeks to punish a person's acts in an effort to prevent others from engaging in those or similar acts is a statute of:

Accepted Answer

A)  specific deterrence 
B)  general deterrence 
C)  incapacitation 
D)  retribution

Question 18

In general, the term ________________________ refers to those customs, traditions, judicial decisions, and other materials that guide courts in making decisions but have not been codified in statutes or constitutions.

Accepted Answer

A)  common law 
B)  judicial review 
C)  jurisdiction 
D)  concurrent jurisdiction

Question 19

With specific reference to the crime charged against a defendant, the discretion in this area lies with the:

Accepted Answer

A)  prosecutor 
B)  judge 
C)  jury 
D)  police

Question 20

In Griswold v. Connecticut, the United States Supreme Court recognized that certain implicit rights arise from the Constitution, specifically in this case the right:

Accepted Answer

A)  to be free from self-incrimination 
B)  to have an attorney present during questioning 
C)  to have counsel appointed to represent you if you are charged with a felony 
D)  to privacy

Exam 1: An Introduction to Criminal Law