Exam 1 Study Guide

Which of the following is not an important aspect of the crime control model? Select one: a. rituals b. efficiency c. finality d. speed

a. rituals

Hammurabi's Code governed relationships in society related to what? Select one: a. sexual behavior, property rights, theft, and acts of violence b. sexual behavior c. property rights d. acts of violence

a. sexual behavior, property rights, theft, and acts of violence

Under which standard of review are state actions assumed to be presumptively valid? Select one: a. strict scrutiny b. intermediate scrutiny c. rational basis test d. reasonable basis test

a. strict scrutiny

Which is the only court that sets precedent for all U.S. federal courts? Select one: a. the U.S. Supreme Court b. the D.C. Court of Appeals c. the International Criminal Court d. the U.N. Court of Appeals

a. the U.S. Supreme Court

In a criminal trial, the burden of proof lies on which party? Select one: a. the prosecution b. the defense c. the judge d. the jury

a. the prosecution

According to the conflict perspective, laws work primarily for the benefit of ______. Select one: a. the rich b. the middle class c. the poor d. all citizens

a. the rich

What is the difference between felony and misdemeanor larceny? Select one: a. the value of the goods taken b. the age of the goods' owner c. the location of the crime d. the time of day of the crime

a. the value of the goods taken

Robbery is classified as what type of crime? Select one: a. violent b. property c. social d. moral

a. violent

Which of the following best describes how judges "make law?" Select one: a. writing legislation b. interpreting statutes c. issuing executive orders d. sentencing offenders

a. writing legislation

The protection from double jeopardy is found in the ______. Select one: a. Third Amendment b. Fifth Amendment c. Sixth Amendment d. Seventh Amendment

b. Fifth Amendment

Opponents of gun control legislation seize upon the ______ as support for their claim that the state may not limit the possession and use of firearms. Select one: a. First Amendment b. Second Amendment c. Fifth Amendment d. Eighth Amendment

b. Second Amendment

Which of the following is the term for guilty act? Select one: a. mens rea b. actus reus c. corpus delicti d. ex post facto

b. actus reus

Most states consider burglary at nighttime to be ______. Select one: a. a requirement b. an aggravating factor c. a mitigating factor d. irrelevant

b. an aggravating factor

At what point does the law require a defendant be allowed the assistance of counsel? Select one: a. as soon as the crime in question has been committed b. at any critical stage in the investigative process c. at the point of arrest d. at the beginning of the trial process (i.e., first appearance)

b. at any critical stage in the investigative process

What is the required level of proof in a criminal case? Select one: a. beyond all doubt b. beyond a reasonable doubt c. preponderance of the evidence d. probable cause

b. beyond a reasonable doubt

Packer's crime control model focuses on which of the following? Select one: a. legal guilt b. factual guilt c. societal guilt d. individual guil

b. factual guilt

What type of murder requires no intent? Select one: a. manslaughter b. felony murder c. negligent homicide d. voluntary manslaughter

b. felony murder

Administrative regulations are another form of ______. Select one: a. regular crime b. legislation c. constitutional violation d. moral offense

b. legislation

Which metaphor best describes the due process model of the criminal justice process? a. horse race b. obstacle course c. assembly line d. funeral procession

b. 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? Select one: a. arrest b. oversight c. charging d. appealing

b. oversight

A person who consciously, with the intent to commit a certain act or produce a certain result, acts with what level of intent? Select one: a. knowing b. purposeful c. reckless d. negligent

b. purposeful

Which commonly held right is not expressly mentioned in the Bill of Rights but is merely inferred? Select one: a. right to freedom of the press b. right to privacy c. right to freedom from excessive bail d. right to a trial by an impartial jury

b. right to privacy

Which of the following is not considered a crime against property? Select one: a. burglary b. robbery c. theft d. forgery

b. robbery

Legislators felt the need to incorporate the Bill of Rights because of which historical event? Select one: a. the Louisiana Purchase b. the Civil War c. the War of 1812 d. the Great Depression

b. the Civil War

What amendment prohibits the forced quartering of soldiers? Select one: a. the Second Amendment b. the Third Amendment c. the Seventh Amendment d. nowhere in the Constitution

b. the Third Amendment

Laws that impose criminal punishment without a trial are called ______. Select one: a. void for vagueness b. ex post facto c. bills of attainder d. proximal laws

c. bills of attainder

What is the level of burden of proof required in a civil case? Select one: a. beyond all doubt b. beyond a reasonable doubt c. by a preponderance of the evidence d. probable cause

c. by a preponderance of the evidence

A tort is a ______. Select one: a. criminal harm b. criminal punishment c. civil wrong d. civil monetary damage

c. civil wrong

Which of the following is not one of the three components of the criminal act? Select one: a. voluntary bodily movements b. omission in the face of a duty to act c. omission d. possession

c. omission

What is the level of proof required to search a place or seize an item or person? Select one: a. absolute certainty b. beyond a reasonable doubt c. probable cause d. preponderance of the evidence

c. probable cause

What term means "let the decision stand?" Select one: a. ratio decidendi b. obiter dicta c. stare decisis d. ipso facto

c. stare decisis

Criminal law is sometimes referred to as ______. Select one: a. corporate law b. basic law c. substantive law d. layman law

c. substantive law

What perspective considers society to be composed of individuals and groups with different interests and characterized by conflict and dissention? Select one: a. the precedent perspective b. the Packer perspective c. the conflict perspective d. the consensus perspective

c. the conflict perspective

The Fourth Amendment bans all searches and seizures that are ______. Select one: a. "unforeseen" b. "uncomfortable" c. "irrational" d. "unreasonable"

d. "unreasonable"

The due process of the Fourteenth Amendment is identical to the due process clause in what other amendment? Select one: a. First Amendment b. Twelfth Amendment c. Thirteenth Amendment d. Fifth Amendment

d. Fifth Amendment

The First Amendment provides which of the following rights? Select one: a. speech b. press c. assembly d. all of the above

d. all of the above

Which of the following rights is not found in the Sixth Amendment? Select one: a. trial by an impartial jury b. public trial c. representation by counsel d. defendant not required to testify

d. defendant not required to testify

Which of the following is not a form of judicial oversight? Select one: a. ensuring proper actions of police b. ensuring proper actions of lower courts c. ensuring proper actions of the legislature d. ensuring proper actions of the population at large

d. ensuring proper actions of the population at large

Laws passed "after the fact" are called ______. Select one: a. mens rea b. actus reus c. corpus delicti d. ex post facto

d. ex post facto

Equity principles are used heavily in what types of law? Select one: a. criminal and civil b. common and criminal c. tort and property d. family and contract

d. family and contract

If a bystander dies during the commission of a bank robbery, the robber is guilty of ______. Select one: a. voluntary manslaughter b. involuntary manslaughter c. negligent homicide d. felony murder

d. felony murder

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? Select one: a. substantial capacity test b. M'Naghten rule c. Durham rule d. irresistible impulse test

d. irresistible impulse test

Which of the following is not a source of law? Select one: a. judicial opinions b. statutes c. constitutions d. public opinion

d. public opinion

Which of the following is not a standard of review used to evaluate the justification of infringing on citizens' rights? Select one: a. strict scrutiny b. intermediate scrutiny c. rational basis test d. reasonable basis test

d. reasonable basis test

The dual-sovereignty doctrine relates to which fundamental right? Select one: a. freedom of speech b. freedom of religion c. right to bear arms d. right against double jeopardy

d. right against double jeopardy

Which of the following is not a right mentioned by name in the U.S. Constitution? Select one: a. prohibition on bills of attainder b. prohibition on ex post facto laws c. right to habeas corpus d. right to privacy

d. right to privacy

What method of incorporation is the approach that seems to predominate in most Supreme Court cases? Select one: a. total incorporation b. fundamental incorporation c. total incorporation plus d. selective incorporation

d. selective incorporation

Criminal acts not considered mala in se may be considered mala prohibita based on which of the following? Select one: a. transferred intent b. strict liability c. gravity of the offense d. social attitudes

d. social attitudes

What is the principle establishing the value and authority of precedent? Select one: a. ex post facto b. corpus juris c. habeas corpus d. stare decisis

d. stare decisis

Which of the following is a set of instructions for how state agents must act within the criminal justice system? Select one: a. civil law b. criminal law c. due process d. the Bill of Rights

d. the Bill of Rights

The view of human nature that sees human beings as basically exploitive and duplicitous creatures underlies what perspective of the law? Select one: a. the due process perspective b. the crime control perspective c. the consensus perspective d. the conflict perspective

d. the conflict perspective

What perspective views law as basically a neutral framework for dealing with conflicts between individuals and groups who share the same set of fundamental values? Select one: a. the precedent perspective b. the Packer perspective c. the conflict perspective d. the consensus perspective

d. the consensus perspective

What name is given to the concept that the Bill of Rights creates other rights when taken in its entirety? Select one: a. complete incorporation b. combined incorporation c. exponential total incorporation d. total incorporation plus

d. total incorporation plus

Fourteenth Amendment

-No state shall deprive any person of life, liberty, or property without due process of law

Fourth Amendment

-No unreasonable searches and seizures -Only with probable cause will warrants be issued for searches and seizures

Eight Amendment

-Prohibit excessive bail and fines -No cruel and unusual punishment

Sixth Amendment

-Right to a speedy and public trial -Right to an impartial jury -Right to be informed of the nature and cause of the accusations -Right to obtain witnesses in your favor -Right to Counsel

Second Amendment

-Right to keep and bear which shall not be infringed -The right for citizens to form a militia to protect themselves against oppression from the federal government

Seventh Amendment

-Right to trial by jury in civil lawsuit

Tenth Amendment

-The federal government has authority to act only if its granted by the Constitution

Ninth Amendment

-The right provided by the Bill of Right are not the only rights citizen have

Fifth Amendment

-The right to remain silent -Protection from double jeopardy -The right to not be a witness against yourself -To not be deprived of life, liberty, property, without due process of the law -No private property shall be taken without compensation

Third Amendment

The government may not house soldiers in private homes without consent of the owner

Who is often referred to as the "father of common law?" Select one: a. Henry II b. Jeremy Bentham c. Karl Marx d. Hammurabi

a. Henry II

What case gave the Supreme Court the power to examine a law and determine whether it is constitutional? Select one: a. Marbury v. Madison b. Brown v. Board of Education c. Plessy v. Ferguson d. United States v. Booker

a. Marbury v. Madison

What is it called when the trial jury is unable to reach a unanimous verdict in a case that requires unanimity? Select one: a. a hung jury b. an acquittal c. a conviction d. an indictment

a. a hung jury

Which of the following is the most common court function? Select one: a. adjudication b. oversight c. precedent d. stare decisi

a. adjudication

Which of Packer's models favors the plea-bargaining process? Select one: a. crime control b. due process c. both crime control and due process d. neither crime control nor due process

a. crime control

According to the due process model, fact-finding procedures should be all but which of the following? a. efficient b. formal c. adversarial d. adjudicative

a. efficent

Sources of individual rights include all EXCEPT which of the following? Select one: a. executive orders b. constitutions c. case law d. legislation

a. executive orders

The "but for" test is used to determine which type of causation? Select one: a. factual b. legal c. proximate d. reasonable

a. factual

Rights that are "essential to the concept of ordered liberty" are referred to as ______. Select one: a. fundamental rights b. human rights c. citizens' rights d. living rights

a. fundamental rights

Which of the following is not a classification of intent from the Model Penal Code? Select one: a. intentional b. knowing c. reckless d. negligent

a. intentional

The common law was created by ______. Select one: a. judges b. parliament c. the people d. the U.S. Congress

a. judges

Pocket picking is generally classified as what type of crime? Select one: a. larceny b. theft c. robbery d. burglary

a. larceny

Packer's due process model focuses on which of the following? Select one: a. legal guilt b. factual guilt c. societal guilt d. individual guilt

a. legal guilt

Which of the following actors in a criminal trial does not have a role in a civil trial? Select one: a. prosecutor b. defense c. judge d. jury

a. prosecutor

First Admendment

-freedom of speech -freedom of religion -freedom of the press -right of assembly -right to petition

Which of the following is not one of Reichel's three irreducible elements of law? Select one: a. supremacy of fundamental values b. universal application of the fundamental values c. holding government to the fundamental values d. the writing down of fundamental values

b. universal application of the fundamental values

What type of liability makes parents potentially liable for the actions of their minor children? Select one: a. strict liability b. vicarious liability c. inchoate liability d. complicity liability

b. vicarious liability

What type of laws violate the overbreadth doctrine? Select one: a. inchoate liability b. void for vagueness c. cruel and unusual d. a bill of attainder

b. void for vagueness

Which of the following group or individual literally make(s) law? Select one: a. appeals court justices (as a group) b. the Chief Justice of the U.S. Supreme Court (as an individual) c. Congress d. the President of the United States

c. Congress

The requirement of the Miranda warning is based in which amendment? Select one: a. First Amendment b. Fourth Amendment c. Fifth Amendment d. Eighth Amendment

c. Fifth Amendment

The Due Process Clause is incorporated by the ______ Amendment. Select one: a. Ninth b. Tenth c. Fourteenth d. Eighteenth

c. Fourteenth

Conflict perspective on law derives much from which philosopher? Select one: a. Thomas Aquinas b. Socrates c. Karl Marx d. Niccolò Machiavelli

c. Karl Marx