Court System and Practices Exam 1 Review
what is it called when the trial jury is unable to reach a unanimous verdict in a case that requires unanimity?
a hung jury
which of the following is the most common court function?
adjudication
According to the due process model, fact-finding procedures should be all but which of the following?
adversarial
the first amendment provides which of the following rights?
assembly
at what point does the law require a defendant be allowed the assistance of counsel?
at any critical stage in the investigative process
Laws that impose criminal punishment without a trial are called _______________.
bills of attainder
What is the level of burden of proof required in a civil case?
by a preponderance of the evidence
which of the following groups or individuals literally make law?
congress
sources of individual rights include which of the following?
constitutions
Which of Packer's models favors the plea-bargaining process?
crime control
which of the following is a set of instructions for how state agents must act within the criminal justice system?
due process
which of the following is a form of judicial oversight?
ensuring proper actions of police
Laws passed "after the fact" are called _______
ex post facto
packer's crime control model focuses on which of the following?
factual guilt
Accused defendants must stand trial within 30 days of their arrest
false
Due to the prohibition against double jeopardy, a person cannot be sued civilly for damages caused by a crime for which he or she was already tried and convicted in criminal court.
false
courts are static bodies where decisions do not change?
false
currently, in the united states, the death penalty can only be handed down to a defendant convicted of murder.
false
indigent defendants must be provided with an attorney for any offense?
false
only the federal government has the authority to enact administrative regulations?
false
the U.S. court system has a simple set of rules and procedures?
false
the assembly line is a metaphor for the due process model?
false
the conflict model sees society as an integrated network of institutions held together by a common set of values?
false
the constitution clearly lays out what is meant by a "reasonable" and "unreasonable" seizure.
false
the crime control model is most concerned with ensuring the rights of defendants?
false
the due process and crime control models have zero tolerance for mistakes?
false
the equal protection clause of the fourteenth amendment bars all classification and distinctions among peopel?
false
the fourteenth amendment is very brief?
false
the right to bear arms is a "collective right?"
false
turning to the courts to settle disputes is a relatively recent trend in America.
false
under common law, to reach out and strike a victim was classified as an assault?
false
what types of law heavily use equity principles?
family and contract
If a bystander dies during the commission of a bank robbery, the robber is guilty of _______________.
felony murder
the protection from a double jeopardy is found in the ______ amendment
fifth
the due process of the fourteenth amendment is identical to the due process clause in what other amendment?
fifth amendment
the requirement of the miranda warning is based in which amendment?
fifth amendment
which of the following is an important aspect of the crime control model?
finality
the due process is incorporated by the _______ amendment
fourteenth
rights that are "essential to the concept of ordered liberty" are referred to as _______ rights.
fundamental
who is often referred to as the "father of common law?"
henry II
which of the following best describes how judges "make law?"
interpreting statutes
What test for insanity is defined as the inability to control one's conduct, even though one is aware that what they are doing is wrong?
irresistible impulse test
the common law was created by?
judges
conflict perspective on law derives much from which philosopher?
karl marx
Pocket picking is generally classified as what type of crime?
larceny
Packer's due process model focuses on which of the following?
legal guilt
administrative regulations are another form of ______
legislation
what case gave the supreme court the power to examine a law and determine whether it is constitutional?
marbury v. madison
which of the following is a classification of intent from the model penal code?
negligence
which metaphor best describes the due process model of the criminal justice system?
obstacle course
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?
oversight
what is the required level of proof in a civil case?
preponderance of the evidence
what is the level of proof required to search a place or seize an item or person?
probable cause
which of the following is a right mentioned by name in the U.S. constitution?
prohibition on bills of attainder
which of the following actors in a criminal trial does not have a role in a civil case?
prosecutor
Under which standard of review are state actions assumed to be presumptively valid?
rational basis test
the dual-sovereignty doctrine relates to which fundamental right?
right against double-jeopardy
which commonly held right is only merely inferred in the bill of rights?
right to privacy
which of the following is considered a crime against property?
robbery
Opponents of gun control legislation seize upon the ________ Amendment as support for their claim that the state may not limit the possession and use of firearms
second
What method of incorporation is the approach that seems to predominate in most Supreme Court cases?
selective incorporation
hammurabi's code governed relationships in society related to what?
sexual behavior, property rights, theft, and acts of violence.
Criminal acts not considered mala in se may be considered mala prohibita based on which of the following?
social attitudes
what is the principle establishing the value and authority of precedent?
stare decisis
what term means "let the decision stand?"
stare decisis
which of the following is a source of law?
statutes
what type of liability exists for drivers who willingly choose to drive over the speed limit?
strict liability
which of the following is a standard of review used to evaluate the justification of infringing on citizens' rights?
strict scrutiny
criminal law is sometimes referred to as ________ law
substantive
which of the following is one of Reichel's three irreducible elements of law?
supremacy of fundamental values
which is the only court that sets precedent for all U.S. federal courts?
the U.S. supreme court
Legislators felt the need to incorporate the Bill of Rights because of which historical event?
the civil war
the view of human nature that sees human beings as basically exploitive and duplicitous creatures underlies what perspective of the law?
the conflict perspective
what perspective considers society to be composed of individuals and groups with different interests and characterized by conflict and dissention?
the conflict perspective
what perspective views law as physically a neutral framework for dealing with conflicts between individuals and groups who share the same set of fundamental values?
the consensus perspective
according to the conflict perspective, laws work primarily for the benefit of?
the rich
what amendment prohibits the forced quartering of soldiers?
the third amendment
what is the difference between felony and misdemeanor larceny?
the value of the goods taken
what name is given to the concept that the bill of rights creates other rights when taken in its entirety?
total incorporation plus
which of the following rights is found in the sixth amendment?
trial by an impartial jury
according to the rule of law, the fundamental values of a nation must be committed to writing?
true
classifications that are either without reason or based on race and gender are sometimes referred to as suspect classifications?
true
court decisions that establish precedent are known as ratio decidendi?
true
factual guilt and legal guilt are not the same?
true
in a tort, a defendant may argue that if both parties were equally negligent, neither should be held liable?
true
judicial review means that a court has the power to determine the constitutionality of a law?
true
real property is land, and anything growing out of or affixed to it?
true
solicitation involves the intent to induce another to commit a crime?
true
substantive due process prevents legislature from infringing on the right of privacy?
true
the eighth amendment prohibits excessive bail?
true
the first portion of the first amendment is often referred to as the establishment clause?
true
the idea of 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?
true
the latin term lex talionis was clearly states in the code of hammurabi and means "eye for an eye, tooth for a tooth."
true
the reconstruction amendments include the thirteenth, fourteenth, and fifteenth amendments?
true
the sixth amendment prohibits placing someone in double jeopardy?
true
the total incorporation plus approach goas a step further than the total incorporation approach?
true
the fourth amendment bans all searches and seizures that are ______
unreasonable
robbery is classified as what type of crime?
violent