Deck 1: Introduction: Law and the Judicial Function

Question 1

Hammurabi's Code governed relationships in society related to what?

A) sexual behavior, property rights, theft, and acts of violence
B) sexual behavior
C) property rights
D) acts of violence

Answer 1

A

Question 2

What perspective views law as basically a neutral framework for dealing with conflicts between individuals and groups who share the same set of fundamental values?

A) the precedent perspective
B) the Packer perspective
C) the conflict perspective
D) the consensus perspective

Answer 2

D

Question 3

What perspective considers society to be composed of individuals and groups with different interests and characterized by conflict and dissention?

A) the precedent perspective
B) the Packer perspective
C) the conflict perspective
D) the consensus perspective

Answer 3

C

Question 4

According to the conflict perspective, laws work primarily for the benefit of ______.

A) the rich
B) the middle class
C) the poor
D) all citizens

Question 5

Conflict perspective on law derives much from which philosopher?

A) Thomas Aquinas
B) Socrates
C) Karl Marx
D) Niccolò Machiavelli

Question 6

Which of the following is not one of Reichel's three irreducible elements of law?

A) supremacy of fundamental values
B) universal application of the fundamental values
C) holding government to the fundamental values
D) the writing down of fundamental values

Question 7

Which of the following is a set of instructions for how state agents must act within the criminal justice system?

A) civil law
B) criminal law
C) due process
D) the Bill of Rights

Question 8

Packer's crime control model focuses on which of the following?

A) legal guilt
B) factual guilt
C) societal guilt
D) individual guilt

Question 9

Packer's due process model focuses on which of the following?

A) legal guilt
B) factual guilt
C) societal guilt
D) individual guilt

Question 10

Which of the following is not an important aspect of the crime control model?

A) rituals
B) efficiency
C) finality
D) speed

Question 11

Which metaphor best describes the due process model of the criminal justice process?

A) horse race
B) obstacle course
C) assembly line
D) funeral procession

Question 12

According to the due process model, fact-finding procedures should be all but which of the following?

A) efficient
B) formal
C) adversarial
D) adjudicative

Question 13

What case gave the Supreme Court the power to examine a law and determine whether it is constitutional?

A) Marbury v. Madison
B) Brown v. Board of Education
C) Plessy v. Ferguson
D) United States v. Booker

Question 14

There are two important and unique roles the courts play in the criminal justice system. The first is adjudication of criminal offenses. What is the second?

A) arrest
B) oversight
C) charging
D) appealing

Question 15

Equity principles are used heavily in what types of law?

A) criminal and civil
B) common and criminal
C) tort and property
D) family and contract

Question 16

Which of Packer's models favors the plea-bargaining process?

A) crime control
B) due process
C) both crime control and due process
D) neither crime control nor due process

Question 17

What term means "let the decision stand?"

A) ratio decidendi
B) obiter dicta
C) stare decisis
D) ipso facto

Question 18

Which of the following best describes how judges "make law?"

A) writing legislation
B) interpreting statutes
C) issuing executive orders
D) sentencing offenders

Question 19

The common law was created by ______.

A) judges
B) parliament
C) the people
D) the U.S. Congress

Question 20

Which of the following is the most common court function?

A) adjudication
B) oversight
C) precedent
D) stare decisis

Question 21

The view of human nature that sees human beings as basically exploitive and duplicitous creatures underlies what perspective of the law?

A) the due process perspective
B) the crime control perspective
C) the consensus perspective
D) the conflict perspective

Question 22

Which is the only court that sets precedent for all U.S. federal courts?

A) the U.S. Supreme Court
B) The D. C. Court of Appeals
C) the International Criminal Court
D) the U.N. Court of Appeals

Question 23

What is the principle establishing the value and authority of precedent?

A) ex post facto
B) corpus juris
C) habeas corpus
D) stare decisis

Question 24

Which of the following is not a form of judicial oversight?

A) ensuring proper actions of police
B) ensuring proper actions of lower courts
C) ensuring proper actions of the legislature
D) ensuring proper actions of the population at large

Question 25

Who is often referred to as the "father of common law?"

A) Henry II
B) Jeremy Bentham
C) Karl Marx
D) Hammurabi

Question 26

The Latin term lex talionis was clearly stated in the Code of Hammurabi and means "eye for an eye, tooth for a tooth."

Question 27

Courts are static bodies where decisions do not change.

Question 28

The U.S. court system has a simple set of rules and procedures.

Question 29

According to the rule of law, the fundamental values of a nation must be committed to writing.

Question 30

Judicial review means that a court has the power to determine the constitutionality of a law.

Question 31

Due process applies to anyone threatened by the state with loss of life, liberty, or property.

Question 32

The crime control model is most concerned with ensuring the rights of defendants.

Question 33

The assembly line is a metaphor for the due process model.

Question 34

The conflict model sees society as an integrated network of institutions held together by a common set of values.

Question 35

The due process and crime control models have zero tolerance for mistakes.

Question 36

Factual guilt and legal guilt are not the same.

Question 37

Turning to the courts to settle disputes is a relatively recent trend in America.

Question 38

Court decisions that establish precedent are known as ratio decidendi.

Question 39

The idea of a false consciousness was developed by Karl Marx and means that the working classes have accepted an ideological worldview that is contrary to their best interests.

Question 40

Marx and Engels reference the idea of false consciousness to discuss exploitation.

Question 41

As discussed in your textbook, what are the three primary judicial functions?

Question 42

What are the two ways that judges can address a situation where they decide that precedent is no longer valid and should not be followed?

Question 43

Discuss the role of ratio decidendi and obiter dicta in establishing legal principle.

Question 44

What are the two primary roles played by the courts in the criminal justice system? Which of the two roles do you believe is the most important?

Question 45

Explain and contrast the consensus and conflict perspective. Which perspective do you most agree with and why?

Question 46

What are the three irreducible elements of the rule of law according to Reichel? Which do you believe is the most important and why?

Question 47

What is, perhaps, the most significant difference between the courts and other branches of government?

Question 48

How do the due process model and crime control model differ in terms of their goals? Which goal do you most agree with and why?

Question 49

Briefly explain Marx's concept of false consciousness. Do you agree? Why or why not?

Question 50

Briefly explain the two important and unique roles the courts play in the criminal justice system.

Question 51

Explain the concept of judicial review. Why is judicial review important?

Question 52

What are precedent and stare decisis? How do they work together? Which do you think is the most important?

Question 53

Compare and contrast the due process model and crime control model of criminal justice. Which one do you find most beneficial for the criminal justice system? Which do you believe we currently use in the criminal justice system.

Question 54

Give your own brief definition of a "law" and describe some of the differences between civil law and common law.

Question 55

Compare and contrast consensus and conflict theories of law. Which do you believe is the most important and why?