Criminal Law/Procedures Quiz 1
All areas of law that are not criminal are civil.
T
All courts—local, state, and federal—are bound by the U.S. Constitution.
T
Civil rights are freedoms guaranteed by the U.S. Constitution.
T
Concurrent jurisdiction is when two courts or more have authority over the same matter
T
De novo means that the trial-level court conducts a new trial rather than reviewing a record as most appellate courts do.
T
Governmental power is divided into three branches: executive, legislative, and judicial.
T
Negligence is the failure to exercise a reasonable amount of care in a situation that results in harm to someone or something
T
The duty of the executive branch is to enforce and implement the laws created by the legislature.
T
The landmark case dealing with judicial review is Marbury v. Madison, 1 Cranch 137, 2 L. Ed. 60 (1803).
T
To ________ a decision is to determine that the court below has rendered a wrong decision and to change that decision.
reverse
Most criminal laws are made by ________ .
state legislatures
The preamble to the United States Constitution states:
"We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."
What is another term for a trial court?
Court of Record
Most murders, rapes, and thefts are federal-law crimes.
F
Punitive damages are awarded for the actual loss suffered by a plaintiff.
F
Rehabilitation seeks to deter individuals already convicted of crimes from committing crimes in the future.
F
Retribution compensates victims for injuries they have suffered.
F
The Declaration of Independence contains the first 10 amendments to the U.S. Constitution and sets forth many of the civil rights in our country
F
The federal court system is composed of one Supreme Court, 13 appellate courts, and 100 district courts.
F
________ inflicts criminal punishment and prevents criminal conduct by restraining those individuals who have committed crimes.
Incapacitation
What is the purpose of general deterrence?
To deter all members of society from engaging in criminal activity
The legislative branch consists of which of the following?
U.S. Congress
Which of the following is not one of the purposes of criminal law?
compensation
For an agreement to be a contract, which of the following must be involved?
consideration
________ refers to an approach under which the states and federal government are viewed as coequals.
dual federalism
