LAW AND SOCIETY Final SHSU Fall 2018

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The first case in which the Supreme Court ruled in favor of the working classes by upholding Washington state's minimum wage law in 1937 was

West Coast Hotel Co. v. Parrish

By engaging in a plea bargain, the offender loses

a and b (6th and 5th)

In the 1800s women were excluded from practicing law because

a and b only (few practicing and they were regarded as lacking)

Judicial activism is

a and c (the opposite and usurping the role)

Sentencing guidelines attempt to

a and c only (treat equals equally & treat unequals unequally according to relevant differences)

According to Aristotle, justice consists of

a and c only (treating equals equally & treating unequals unequally according to relevant differences)

According to various studies, about what percentage of defendants referred to psychiatrists/psychologists receive a label indicative of some form of mental illness?

100

The _______ legally freed the slaves in the United States.

13th

The age of consent in most states today is ____, but it was ___ 130 years ago.

16, 10

The __________ Amendment gave women the right to vote in the United States

19

Donohue and Levitt argued that legalized abortion in 1973 accounted for as much as a __ percent drop in the crime rates of the 1990s.

50

Early places of detention for juveniles in England were known as

Bridewells.

Which the case was that the U.S. Supreme Court extended Fourteenth Amendment right to Mexican American.

Hernandez v. Texas

Which theorist thought the social contract necessary because life in the state of nature is "nasty, brutal, and short"?

Hobbes

Which is not an argument that informed proponents of capital punishment would use?

It is cheaper than life imprisonment.

The early sociological luminaries such as Marx, Durkheim, and Weber were all steeped in what other discipline?

Law

The case that invalidated all anti-sodomy laws in the United States was

Lawrence v. Texas.

All of the documents below except _____ are examples of civil law documents.

Magna Carta

In which famous case did the Supreme Court lay down the doctrine of federal authority over the states?

McCulloch v. Maryland

In which famous case did the Supreme Court lay down the obscenity test?

Miller v. California

Which amendment was the basis for granting people rights not specifically enumerated in the Bill of Rights first mentioned in Griswold v. Connecticut?

Ninth

The American document that was the functional equivalent of the British Proclamation Act in terms of the government's role in Indian affairs was

Northwest Ordinance

The Indian Removal Act forced many tribes to move to an area that is now the state of

Oklahoma.

The concept of the rule of law appears to have originated with

Plato

The idea that what we perceive with our senses are imperfect and transitory copies of eternal realities comes from the thinking of

Plato.

The first case to determine that the accused must be provided an attorney by the state if he or she cannot afford one was

Powell v. Alabama

The period directly after the end of the Civil War designed to reestablish the Southern states is known as the

Reconstruction period.

Which political party in the United States was the first to have a number of its members prosecuted for political dissent?

Republican Party

Which U. S. Supreme Court case(s) abolished the juvenile death penalty?

Roper v. Simmons

Which court case(s) was/were not identified as influencing the American Revolution?

Scott v. Sandford

In Islamic law, what emerges from the Qur'an, case law, and scholarly commentaries is known as ____, which means "the path to follow."

Shari'a

The practice of freeing slaves who had sojourned on free soil was based on which court case?

Somerset v. Stewart

In the inquisitorial system,

all parties (defendant, police, prosecutor, judge, defense attorney, etc.) are expected to cooperate.

The Convention on the Elimination of All Forms of Discrimination Against Women declared everything below except

all patriarchal laws should be eliminated.

Mary Wollstonecraft was

a feminist writer of the eighteenth and nineteenth centuries.

The "marital rape exception" held that

a husband could not be charged with raping his wife.

The exclusionary rule is

a judge-made rule.

Most leading patriots considered the Declaration of Independence to be

a legal bill of "divorce" from Great Britain.

The victim of a crime in Inuit (Eskimo) societies has available a form of self-redress called the song duel. This duel involves

a literal singing duel designed to ridicule one's opponent.

Common law, as originally devised in England, meant

a set of laws common to all throughout the kingdom.

The juvenile court equivalent of an adult criminal trial is

an adjudicatory hearing.

A critical, urgent situation that may justify ignoring the warrant requirement is sometimes referred to as

an exigent circumstance.

From the perspective of evolutionary theory, moral outrage and the desire for revenge

are the basis of our sense of justice.

Max Weber

argued that the law is different from other kinds of rule-following behavior.

The first document creating a U.S. government was called the

articles of confederation

Donald Black's position on the relationship between formal and informal social control is that

as informal social control breaks down, it is replaced by law.

The General Allotment Act (Dawes Act) was part of the ____ period.

assimilation

Vice crimes are

consensual

A Supreme Court ruling can be overturned by a

constitutional amendment

The song lyric, "When you ain't got nothin', you ain't got nothin' to lose," illustrates what concept relating to punishment?

contract effect

This kind of a defense system allows for the lowest-bidding office to represent indigent defendants.

contract system

Under the principle of _______, married people became one.

coverture

Under the Sixth Amendment, appointed counsel is required only at

critical pretrial proceedings, trial, sentencing, and at least one appeal.

The Eighth Amendment prohibits excessive bail and

cruel and unusual punishment.

The legal term used to describe the level at which a person is legally responsible for his or her actions is

culpability.

The Miranda warning must be given when there is

custody and interrogation.

Sweden has

decriminalized prostitution for prostitutes but maintained sanctions for their johns.

Prostitute rights groups favor

decriminalizing prostitution

The main purpose of the preliminary hearing is to

determine if there is probable cause.

Feminists who believe that women should be treated differently by the law are

difference feminists

Thomas Hobbes

disavowed any notion of natural law in a Platonic and Aristotelian sense.

The federal court system is today comprised of three primary tiers. They are, in order,

district court, court of appeals, Supreme Court.

The first juvenile case (In Re Gault) to come before the U.S. Supreme Court having to do with the operation of the juvenile system dealt with all except which issue?

juvenile waiver issues

Which U.S. Supreme Court case first applied due process rights to juveniles?

kent v. u.s.

It would be difficult to develop any kind of culture without

language.

The slaves aboard the Amistad were released by the U.S. Supreme Court on ___ grounds

legal (the slaves' capture was a violation of an Anglo-Spanish treaty)

The statement, "The prophecies of what the courts will do in fact, nothing more pretentious, is what I mean by law" sums up

legal realism

Laws are created by

legislatures.

State courts of limited jurisdiction deal with

less-serious offenses such as misdemeanors.

A crime that is inherently evil is known as

mala in se

Offenses defined as crimes by all societies are referred to as

mala in se

John Locke

postulated that the state of nature has natural laws based on moral obligations.

Appellate jurisdiction is the

power of the court to review the decision of a lower court.

The Constitution is primarily concerned with setting forth the

powers of the federal government.

Physical and cultural genocide was

practiced against American Indians by official policy.

The burden of proof necessary to meet in a civil trial is

preponderance of the evidence.

The burden of proof traditionally used in juvenile court has been

preponderance of the evidence.

Black's four legal "styles" of social control include all those listed below except

procedural.

The act that ceded territories west of the Appalachians to the Indians and infuriated prominent colonists was the

proclamation act

Brief, limited seizures to investigate crime, endorsed by the Supreme Court in 1968, are sometimes referred to as all of the following except

profile stop.

General requirements for a valid marriage in a majority of states include all but which of the following?

proof of gender

In countries that have legalized prostitution,

prostitution has greatly increased.

The due process model is primarily concerned with

protection of individual privacy.

Administrative law is

public law

According to the Model Penal Code, there are four levels of mens rea. These are

purposeful, knowing, reckless, negligent.

Decency and compassion are ________ components of Aristotelian justice.

sometimes

the fallacy of confusing what is with what ought to be is known as

the naturalistic fallacy

Which Supreme Court case suspended the death penalty in 1972?

Furman v. Georgia

Federal magistrates perform which of the following duties?

conduct preliminary hearings

The Chinese rely heavily on ____ to gain convictions.

confessions

Most vice crimes were criminalized primarily because they were considered

immoral

A bill of attainder

imposes punishment without a trial.

In English common law, abortion was allowed

in any case before the quickening

Under the common law, a battery was defined as

unjustified touching

Roe v. Wade gave women the right to

unlimited abortion in the first trimester.

The Fourth Amendment prohibits what types of searches and seizures?

unreasonable

The duties of the judicial branch are located in which article of the Constitution?

Article III

In United States v. Wong Kim Ark (1898), the Supreme Court ruled that

Asians born in the United States are U.S. citizens.

In ruling the juvenile death penalty unconstitutional, the U.S. Supreme Court relied primarily on

Atkins v. Georgia.

The U.S. Congress struck back at the Black Codes by passing the

Fourteenth Amendment.

The Chinese legal code of 1646 is known as the

Ch'ing Code

The early equity courts were called

Chancery courts

Which Supreme Court case ruled that the law forbids only state discrimination against blacks and that the law cannot interfere with discriminatory acts of businesses and individuals?

Civil Rights Cases

Civil law supporters claim that the presumption of innocence until proven guilty is necessary in a common law system because

Civil law supporters claim that the presumption of innocence until proven guilty is necessary in a common law system because

Lettres de cachet were legal under

Code Louis

The first written legal code was the

Code of Hammurabi.

Chinese law, although socialist, is heavily influenced by the philosophy of

Confucianism.

The French version of the U.S. Supreme Court in non-criminal matters is the

Conseil Constitutionnel

Which of the following is an inchoate crime?

Conspiracy to commit murder.

The first juvenile court was established in 1899 in

Cook County, Illinois.

The French version of the U.S. Supreme Court in criminal matters is the

Cour de Cassation.

The principle that Indians were only occupants, not owners, of the lands they were on was enunciated in the

Discovery Doctrine.

______ is often referred to as the father of due process.

Edmund Coke

John Locke

Felt that humans enjoy freedom and independence in the state of nature

The elements of criminal liability include

act, intent, concurrence, causation, harm.

An illegally obtained confession may be

admitted at trial to impeach the testimony of the defendant.

The excuses to criminal liability include (i.e., which answer is an excused defense?)

age

More harm is probably done by ____ than by all the other vices combined.

alcohol

Much of the criminal law is derived from

all of above

A strict constructionist

all of the above

Asian Americans are often referred to as the model minority because

all of the above

Believers in transcendental natural law believe that natural law

all of the above

Constitutions serve the general purposes of

all of the above

Elements of a two-party contract include

all of the above

Informal social control is usually accomplished through

all of the above

Justice is seen by philosophers as

all of the above

Prostitution

all of the above

Restorative justice

all of the above

Susan B. Anthony was

all of the above

The Brown v. Board of Education of Topeka decision was opposed by

all of the above

The First Amendment includes the freedom of

all of the above

The role of law in social change

all of the above

Thomas Hobbes and John Locke believed that

all of the above

Most anti-sodomy statutes in the United States in the twentieth century

b and c only (defined sodomy as an act applicable to both sam and opposite sex couples and included fellatio in their def)

Under strict scrutiny review, legislation must

be narrowly tailored

the primary source of criminal procedure law is the

bill of rights

Laws that allowed for the arrest of vagrant ex-slaves and seen as attempts to reestablish slavery in the South were known as

black codes

we can conclude from the statements made by black economists Glen Loury and Walter Williams that

blacks are so well off in America that if they were a nation they would be among the twenty richest.

Which U.S. Supreme Court case(s) ruled that double jeopardy applies if a juvenile is subjected to both an adjudicatory hearing and a trial in adult court?

breed v. Jones

Law and justice

can be in accordance with one another.

The form of authority generated by exceptional pomp, circumstance, and even quasi- supernatural qualities attributed to it is

charismatic.

Juvenile law has traditionally fallen under the umbrella of ____ law.

civil

The most common legal tradition in the world today is

civil law.

The standard of proof in civil cases in which punitive damages are sought is

clear and convincing evidence.

Direct social control is usually

coercive and sometimes repressive.

Primary sources of law include

common law and legislation

If a court finds that Jon's injury at the negligence of Pete is partly his own fault (30 percent responsible), and he can therefore recover only 70 percent from Pete, this is called

comparative negligence.

The punitive system under which a Finnish billionaire was fined $216,900 for speeding is

day-fine model

Positivism is everything below except what?

deals with how law ought to be rather than as it is.

The Dred Scott decision (Scott v. Sandford)

declared the Missouri Compromise unconstitutional.

The system of procedures holding the government to the rule of law is best articulated by

due process

The U.S. legal system has been characterized as following the ________model, whereas

due process; crime control

The view of the Court's power that maintains that it is very effective in inducing social change is the ____view.

dynamic

Fundamental rights are defined as those that are

essential to the concept of ordered liberty.

The Greek myth of Pandora is analogous to the biblical story of

eve

Open fields are best defined as

everything not within the curtilage.

The Soviet concepts of "counter revolutionary" and "enemy of the people" allowed the Soviets to create "instant" offenses not designated as crimes in their penal code. This practice is expressly forbidden under the common law concept of _____.

ex post facto

According to Amnesty International, the United States

executes more people than any other democracy.

Probable cause may be based upon

facts of which the officer is aware.

The "but for" cause is also referred to as

factual cause.

The Bill of Rights originally applied only to the

federal government.

Which of the following forms of authority does the U.S. Supreme Court not have?

fiduciary

All Western legal systems fall into which of the below categories?

formal-rational

The Morals Court in Chicago dealt primarily with what vice crimes?

fornication and adultery

Juveniles commit about ___ times as many property offenses as we might expect from their proportion in the population.

four and one-half

The term parens patriae refers to the concept of

government as parent

Possible pleas a criminal defendant can enter include

guilty, not guilty, no contest.

Drugs such as heroin and cocaine were first regulated in the United States with the passage of the

harrison act

The plain view doctrine allows officers to seize evidence they see so long as the officers

have a right to be in a position to view the evidence.

French defendants

have the right to remain silent at trial, but this refusal to cooperate can be held against them.

Which of the following is not a social institution identified by sociologists?

health-care system

Hammurabi was known for

his development of on e of the first legal codes.

The rule of four refers to

how many justices must vote to hear a case in the Supreme Court.

Beliefs are

ideas that we have about how the world operates and what is true and false.

Contributory negligence is a defense to civil liability that states that

if the plaintiff is in any way partially responsible for injuries, the plaintiff cannot recover from the tortfeasor.

Which U.S. Supreme Court case ruled that if a possibility of confinement in a secure facility exists, the "beyond a reasonable doubt" standard of proof applies to juvenile hearings?

in re winship

Compared with other Western industrialized nations, the United States

incarcerates more of its citizens per 100,000.

Philosophers in medieval Europe tended to regard women as

inferior to men

Philosophers in ancient Greece and Rome tended to regard women as

inferior to men.

In Loving v. Virginia, the Supreme Court ruled that

interracial couples have a right to marry.

social control

is any action influencing conduct toward conformity regardless of whether or not the person being influenced is aware of the process.

Most feminists oppose pornography on all grounds except that it

is immoral.

The U.S. Constitution

is whatever the Supreme Court says that it is.

One problem with "the greatest good for the greatest number" principle is that

it can negatively impact minorities.

The Chinese Supreme People's Court differs from the U.S. Supreme Court in all ways listed below except

it is unelected.

The most comprehensive definition of the function of social control is

it renders social life peaceful and predictable.

Which Supreme Court chief justice said, "Those who own the country ought to govern it"?

john jay

Common law is

judge-made law

In her study of the perceptions of 424 male and female defense attorneys, Hall found that

men and women tend to have similar work values, career orientations, and perceptions of work.

Values are

more general and abstract than beliefs

Regarding the death penalty,

most denominations are against it.

The point of Plato's allegory about the ring of Gyges is that

most of us would commit crimes if guaranteed we would never be discovered.

Hemmens, Strom, and Schlegel found in their research on gender bias in state courts that

most state reports reflect some bias.

Legal limitations on the criminal law include all of the following except

motive

According to the Model Penal Code, there are three forms of criminal homicide:

murder, manslaughter, negligent homicide.

All crimes listed below are Hadd crimes except

murder.

The largest court of appeals circuit is the

ninth

Which of the following amendment rights do defendants enjoy in civil cases?

none of the above

In Tennessee v. Garner the Supreme Court

none of the above.

Using one's property in such a way that it has an unreasonably adverse effect on other property owners is called

nuisance doctrine.

Trials in an Islamic law are typically settled by

oath-taking.

The New York Academy of Sciences' conference on juvenile brain development concluded that

only a and c are true

According to the ruling in Pierson v. Post, property rights over wild animals begin

only at the time of absolute control.

Homosexuality contemporarily is generally considered to be a:

orientation

Types of hierarchical jurisdiction include

original and appellate jurisdiction.

Indirect social control is usually

persuasive and voluntary.

A stop and frisk must be based on what level of suspicion?

reasonable suspicion

The two portions of the Fourth Amendment are the

reasonableness clause and warrant clause.

To satisfy the requirements of self-defense, the actor must have

reasonably believed that the threat was of immediate harm.

The Supreme Court case that applied an intermediary standard of review for sex/gender was

reed v. reed

Scott v. Sandford

refused to free Scott and ruled the Missouri Compromise to be unconstitutional. refused to free Scott but ruled the Missouri Compromise be constitutional.

Civil law protection against double jeopardy is known as

res judicata

Stare decisis involves

respect for, and belief in, the validity of precedent.

The so-called balanced approach has to do with

restorative justice.

Among the Huron Indians, theft was punished by

ridicule and shame.

Which of the following rights was not mentioned in the Constitution?

right to be accorded due process of law

Criminal procedure law sets forth the

rules that the state must follow in prosecuting crime.

An example of a justification defense is

self-defense

All of the following occur during adolescence except

serotonin levels rise.

Courts provide several functions, including

settling disputes, making public policy decisions, and clarifying the law.

Which of the below classifications is not a suspect or quasi-suspect classification?

sexual orientation

The original Supreme Court was composed of how many justices?

six

The legal tradition least in accordance with the rule of law is

socialist law

Offenses that are specific to juveniles are called

status offenses.

A court's jurisdiction is conferred by

statutory or constitutional law

Liability without intent is also referred to as

strict liability.

The rules of evidence in Islamic law are

stricter for crimes for which the Qur'an prescribes a punishment, regardless of how serious the crime is.

in the case of In Re Debs, the Supreme Court ruled that

strikes that hinder commence are illegal.

Determining the proper punishment for a convicted offender is known as

substantive retributive justice.

The first wave of the feminist movement achieved

suffrage rights for women.

The Supreme Court has original jurisdiction over which of the following?

suits between states

Federal courts have jurisdiction over all of the following issues except

suits involving state law.

Eminent domain is part of the

taking clause of the fifth amendment

Durkheim's basic theme was

that all societies exist on the basis of a common moral order.

The first laws having to do with abortion are found in

the Code of Hammurabi.

It is said for many Hadd crimes that most Islamic legal authorities prefer that

the accused settle the matter privately with God.

Subject matter jurisdiction involves

the authority conferred on a court to hear a particular type of case.

An example of formal means of social control is

the criminal law.

For negligence to exist, the plaintiff must prove that

the defendant had a duty to act in a certain way, the defendant beached that duty, the breach of duty caused the harm.

The main purpose of arraignment is for

the defendant to make a plea.

The term civil intent refers to

the desire to cause certain consequences.

The administration of law under Hammurabi was

the exclusive domain of the priesthood

One requirement for the issuance of a valid warrant is

the existence of probable cause.

Sojourner Truth was

the famous black woman orator of the nineteenth century

According to the textbook, burglary is a crime against

the home

Rousseau believed the appropriate sphere for women is

the home

The term incorporation refers to

the inclusion of the Bill of Rights into the due process clause of the Fourteenth Amendment.

The incorporation of equity into common law resulted from

the inflexibility of the common law.

A fee simple estate is one in which after a person dies

the interest reverts to the original owner.

A presumptive juvenile waiver is one in which

the juvenile must prove that he or she is amenable to treatment.

Substantive law is

the law of crimes.

Democratic governments everywhere have encouraged all of the following except

the local control of police and militia.

A common law marriage is one in which

the man and woman live together as husband and wife but lack legal documentation.

The sentencing literature primarily shows that

the more stringent the controls for legal variables, the less likely one is to find racial discrimination.

The court with the final word on the constitutionality of state action is the

u.s. supreme court

In strict liability cases

the plaintiff does not need to prove that the defendant acted intentionally or negligently.

The term general deterrence refers to

the preventative effect on those who witness but do not experience another's punishment.

In a civil trial, who is the injured party?

the private citizen

The Fifth Amendment includes which of the following?

the privilege against self-incrimination

Brownmiller argued that

the rape of women and girls throughout history has been tied their status as property

The USA Patriot Act was passed in response to

the terrorist attacks of 9/11.

Culture is

the totality of learned, socially transmitted behaviors, ideas, values, customs, artifacts, and technology of groups of people.

Plato's best-known contribution to philosophy was his

theory of forms.

The evolutionary version of natural law proposes that humans are biologically predisposed to make certain choices because

they promoted survival and reproductive success in evolutionary environments.

In Bordenkircher v. Hayes, the Supreme Court ruled that

threatening to charge a defendant with a more serious crime if he or she refuses to accept a plea is constitutionally permissible.

What is the main purpose of a grand jury?

to determine if the evidence presented is sufficient to charge the defendant

In civil law, cases involving personal injury are called

torts

The majority of civil law cases involve

torts

The process of questioning prospective jury members is referred to as the

voir dire.

For consent to be valid, it must be

voluntary and intelligent.

The three forms of the actus reus include

voluntary bodily movements, omissions, possession.

Smith v. Allwright had to do with

voting rights issues

The Supreme Court used everything mentioned below against the working classes except

wagner act

Homosexuality

was defined as a separate category in the nineteenth century.

Hammurabi's Code

was inscribed on a round stele pillar.

Of all regions of the country, the ______ states were the first to grant women suffrage.

western

Miranda warnings are not required in which of the following circumstances?

when there is a threat to public safety

Aristotle was a famous philosopher

who felt that rulers must be subservient to the law.

All of the following are current legal tests for insanity except

wild beast rule

Mary Wollstonecraft argued that

women should receive an education that prepares them for the role of a citizen.


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