CRIJ Exam 1

What is the first entirely secular written legal code?

12 tables

how many circuit courts are there in the US

13

Which philosopher favored the concept of lex talionis or "eye for an eye"?

Hammurabi

Which philosopher came up with the idea of the social contract?

Hobbes

which philosopher had a poor opinion of the human nature>

Hobbes

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

Hobbes

Which philosopher believed in the idea of tabula rasa, which asserted that individuals were born as blank slates?

John Jocke

the legal authority or power of a court to hear, pronounce on, and decide a case is known as:

Jurisdiction

which court case established judicial review

Marbury V. Madison

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

Plato

which philosopher came up with the concept of the theory of forms?

Plato

Which legal philosopher argued that individuals would choose equal liberties and opportunities for everyone if they chose behind a veil of ignorance

Rawls

The rule of four refers to

Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari

the first document creating a US government was called the

articles of confederation

the early equity courts were called...

courts of chancery

which level of state courts has original jurisdiction for felony cases?

courts of general jurisdiction

which type of justice is concerned with how a political entity distributes resources to its members and asserts that distribution should not be based on need but who deserves it?

distributive justice

It would be practically impossible to develop any kind of culture without

language

Which of the following is NOT one of the six elements of culture?

law

the rule of __________ has been called the most important legal principle in the world

law

Which of the following is NOT something that courts are intended to to?

make laws

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 and limits of the federal confederation

at which stage of the criminal process does the defendant enter a plea?

pre-trial

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

principles and values

the fifth amendment includes which of the following ?

privilege against self incrimination

what means "let the decision stand"?

spare decisis

the first amendment includes the freedom of..

speech, religion, assembly

Normative standards about what is good and bad, correct and incorrect, and moral and immoral are:

values

how many court systems are there in the US?

two, state and federal

which of these theorists equated law with justice and favored an egalitarian system?

Aristotle

which philosopher asserted that justice consists of treating equals equally and unequal unequally according to relevant differences?

Aristotle

which philosopher favored the utilitarian and egalitarian concepts?

Aristotle

the first written legal code was the:

Code of Hammurabi

Which Theorist was most concerned with social solidarity?

Durkheim

law and justice...

can be in accordant to one another

Diversity of citizenship involves which of the following?

citizens of different states, amount acceding $5000

what type of law is considered "judge-made law"?

common law

the punitive system under which a Finnish billionaire was fined $216,000 for speeding is the

day-fine model

which level of federal courts has original jurisdiction over civil and criminal cases involving federal statues?

district courts

The US legal system has been characterized as following the _______________ model, wheras Canada's has been characterized as following the _____________ model

due process, crime control

federal district court judges are appointed for...

eight years

Which amendment to the US constitution contains the right against cruel and unusual punishment?

eighth

what is included in the "taking clause" of the fifth amendment?

eminent domain

the Riggs v. Palmer case best exemplifies...

equity

Karl Marx asserted that the ruled accept the social system they do based on:

fasle consiousness

John Locke...

felt that humans enjoyed freedom and independence in the state of nature

Which of Weber's decision-making typologies is the most rational and ideal?

formal rationality

Which amendment to the US constitution contains the right against unreasonable searches and seizures?

fourth

which of the following is NOT a level of the federal court system?

general jurisdiction

which type of crime was the highlight of Garfalos work?

natural crimes

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 action component of a value or a belief is a:

norm

the authority to hear a case initially is also known as

original jurisdiction

what means "the reason for the decision"?

ratio decendi

which type of justice is concerned with how a society determines the proper punishment?

retributive justice

which type of justice is concerned with how a society determines guilt/innocence and how it determines the proper punishent?

retributive law

Which type of incorporation is the most prominent in the courts?

selective

Which one of the following is NOT an individual right or protection stated in the constitution itself?

self incrimination

Which standard of review requires that the law has compelling interest and is narrowly tailored?

strict scrutiny

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

such choices promoted the survival and reproductive success of our distant ancestors in evolutionary times

In which of the following situations does the supreme court NOT have original jurisdiction?

suits between the US and the foreign countries

Concrete physical signs that signify abstractions are:

symbols

Which of Packers models of criminal justice asserts that the system should work like an assembly line and appeals should be kept to a minimum?

the crime control model

which of packers models of criminal justice is like an obstacle course designed to avoid efficiency and speedy processing?

the due process model

Which type of incorporation asserts that the entire bill of rights and unspecified rights are all applicable to state governments?

total incorporation plus

Believers in transcendental natural law believe that natural law...

transcends postive law

according to aristotle, justice consists of...

treating equals equally, unequals unequally according to relevant differences

Aristotle was a famous philosopher...

who felt that rules must be subservient to the law

which of the following is an order to the lower court asking to send the record of a case up to the supreme court?

writ of certiorari