Court System and Practices Exam 1 Review

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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


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