LAW AND SOCIETY Final SHSU Fall 2018
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.