Deck 2: Social Control, Comparative Courts, and the Development of the Us Judicial System

Question 1

One requirement of societies is that _____ must be maintained.

A) social order
B) norms
C) bureaucratization
D) the common law

Answer 1

A

Question 2

Systems of control in simple societies that have no codified laws but rely exclusively on tradition, custom, and informal social controls to achieve social order.

A) primitive legal systems
B) adjudication systems
C) federalist systems
D) colonial court systems

Answer 2

A

Question 3

Weber referred to societies that have no stand-alone government to write and enforce rules as _____ because the rules and leaders were respected and followed as a matter of the culture and traditions.

A) traditional authority
B) informal systems
C) primitive legal systems
D) bureaucracies

Answer 3

A

Question 4

These are societies that use military dominance to gain economic and political control over other societies.

A) tribes
B) empires
C) nation-states
D) bureaucracies

Question 5

These are systems of control in empires and early societies that had some codified laws and local courts but lacked a clear system of writing and enforcing laws.

A) religion-based court systems
B) federalist systems
C) colonial legal systems
D) transitional legal systems

Question 6

This charter limited the English king's power by making him follow written rules and protected the rights and liberties of people under his rule.

A) Constitution
B) Magna Carta
C) Shari'a
D) Peace of Westphalia

Question 7

Systems of _____ allowed ancient rulers to centralize and standardize their rule making and rule enforcing.

A) checks and balances
B) dual sovereignty
C) informal social control
D) formal social control

Question 8

This empire produced a legal system that included the Twelve Tables of Rome and the Justinian Code.

A) Roman Empire
B) Classical Greece
C) Byzantine Empire
D) Mali Empire

Question 9

In 1648, this set of treaties prompted Europe's governments to recognize the legitimacy of other governments and honor the boundaries separating sovereign states.

A) Solon's law
B) Draconian law
C) Magna Carta
D) Peace of Westphalia

Question 10

This is a system for reviewing and applying laws.

A) adjudication system
B) colonial court system
C) due-process system
D) federalist system

Question 11

These are strategies that involve having someone violate a law, be convicted in a trial, and then appeal the case on the grounds that the law is unconstitutional.

A) criminal cases
B) test cases
C) experimental cases
D) civil cases

Question 12

What is law that emanates from judicial rulings?

A) federal law
B) criminal law
C) common law
D) civil law

Question 13

This is law based on codes written by governing bodies.

A) common law
B) civil law
C) governing law
D) legislative law

Question 14

This is law that is derived from the Koran.

A) Koranic law
B) civil law
C) Shari'a law
D) Ten Commandments

Question 15

This part of the First Amendment prohibits the government from favoring or endorsing one religion over another.

A) Equal Protection clause
B) Establishment clause
C) Extradition clause
D) Interstate Rendition clause

Question 16

The roots of the U.S. legal system and courts lie within _____ law and the ideals of _____.

A) criminal; tribal law
B) Draco's; the Magna Carta
C) English; the Enlightenment
D) civil; the age of Empires

Question 17

Prior to independence from Britain, each North American colony had a(n) _____ court system.

A) colonial
B) federal
C) English
D) civil

Question 18

During the American Revolutionary War, the 13 former colonies ratified this document to unify them.

A) the Constitution
B) Articles of Confederation and Perpetual Union
C) Bill of Rights
D) Declaration of Independence

Question 19

This is created to describe the structure of a government and delegate authority among its branches.

A) constitution
B) declaration
C) amendments
D) law

Question 20

These courts create the core of the federal judiciary and hear federal criminal trials and appeals.

A) common law courts
B) civil courts
C) state courts
D) federal constitutional courts

Question 21

This is the right of each branch of a government to amend or void acts of another that fall within its purview.

A) checks and balances
B) federalism
C) legal-rational authority
D) bracketing

Question 22

This part of the Constitution created the federal courts as an independent branch of the government and outlined their jurisdiction and limitations.

A) Article II
B) Article III
C) Article I
D) Article IV

Question 23

This is the constitutional requirement that a court cannot exercise its jurisdictional authority unless one party brings a lawsuit against another party.

A) checks and balances
B) interstate rendition clause
C) case or controversy clause
D) privileges and immunities clause

Question 24

A system of government in which the national government shares power with each of the states is called _____.

A) dual sovereignty
B) federalist system
C) all of the above
D) none of the above

Question 25

This article of the Constitution describes in general terms the mutual relationship between the states, sometimes called horizontal federalism.

A) Article II
B) Article I
C) Article III
D) Article IV

Question 26

This requires that states treat their state residents and residents of other states equally.

A) Case or Controversy clause
B) Privileges and Immunities clause
C) Interstate Rendition clause
D) Full Faith and Credit clause

Question 27

This requires that states respect other states' laws.

A) Full Faith and Credit clause
B) Privileges and Immunities clause
C) case or controversy clause
D) interstate rendition clause

Question 28

This requires that a state return a criminal suspect to the state in which the offense occurred if that state makes a request and pays the expenses.

A) Case or Controversy clause
B) Privileges and Immunities clause
C) Full Faith and Credit clause
D) Interstate Rendition clause

Question 29

This constitutional requirement sets forth that contradictions between state and federal law shall be resolved in favor of the federal law.

A) Privileges and Immunities clause
B) Case or Controversy clause
C) Supremacy clause
D) Interstate Rendition clause

Question 30

All forms of social control entail two elements: rules and enforcement.

Question 31

"Informal social control" means that the controls were weak and that people were free to do whatever they wanted.

Question 32

The age of empires, when most people around the world were controlled by empires, began around 1000 B.C.E. and continued up to the 20th century _C.E.

Question 33

The era of nation-states, which produced the United States and other nations, developed along with what is often called the Age of Enlightenment.

Question 34

Common law began in English courts, but is no longer practiced in Britain's former colonies, including the United States and Canada.

Question 35

Civil law courts are sometimes called Napoleonic courts.

Question 36

Religion-based court systems have elements of common-law precedent and civil-law statutes.

Question 37

The Fifth Amendment includes the Establishment clause, which prohibits the government from favoring or endorsing one religion over another.

Question 38

Federal supremacy prevails over state law and courts if a state passes a law that either violates the Constitution or is federal jurisdiction.

Question 39

Due process and procedural justice are two different concepts.