Exam 2

Why is precedent considered a basic concept in the common legal tradition?

It provides a way to identify custom through reference to earlier case decisions.

Which term refers to deeply rooted and historically conditioned attitudes about things such as the nature of law and the role of law in society?

Legal tradition

At the completion of legal training in Justiceland," Linda must decide which legal career she wants to enter. Upon meeting the entrance requirements for that field, Linda will NOT be able to easily move to any other legal field. What kind of legal profession does "Justiceland" have?

Separated

In which of the following ways does Shari'a try to balance the harsh penalties required for hudud crimes?

Rigorous rules of evidence make conviction for hudud crimes difficult

The three major subtraditions forming the civil legal tradition were

Roman law, canon law and codification

The single police forces of Ghana, Ireland, Israel, Poland and Saudi Arabia

Schengen Convention

While vacationing in Germany, you meet a uniformed city police officer. Which police division is this officer with?

Schupo

The responsibilities of China's Supreme People's Court

1) Hearing cases that have the greatest influence in china 2) Supervising the work of local courts and special courts 3) Giving Judicial explanations of the specific utilization of laws

Diffuse model for judicial review

A country's entire judiciary has the duty of constitutional control with potential for inconsistency among decisions being lessened through stare decisis or a structural equivalent

Equity

Fair or Just

Why is Spain, with three different law enforcement systems, considered centralized?

All three forces operate under the authority of the national government.

What is the standard of proof to be used by the lay jurors and professional magistrates in a French trial?

Are you inwardly (or thoroughly) convinced that the accused is guilty?

Although theft is a had requiring amputation of the offender's hand, only theft of the following item is likely to result in that punishment ?

Automobile

Most countries following the civil legal tradition do not use the classic jury system as found in England and the United States. There are, however, some exceptions. Which of the following civil law countries have occasion to use the classic jury system?

Belgium, Russia, Spain

The Higher Council of the Judiciary in Saudi Arabia

Cannot alter a verdict but can return for reconsideration. Involves all death, amputation and stoning sentences. Includes the president, 5 full time members and 5 part time members

Chinese citizens using mediation committees

Chinese people use a mediation committies before they go to court to solve disputes

The Civil Guard and Spain's National Police Corps

Civil Guard- spains past.....National police-new order

One of the several reasons that common law codes are not the same as civil law codes is that common law codes do not abolish all prior law for that topic. Which of the following is the textbook's way to describe this difference?

Codes under common law are not revolutionary.

When comparing laws of theft in the common legal tradition (represented in the text by Colorado) and civil legal traditions (represented by Germany and France), which jurisdiction had the most detailed definition?

Colorado

What dimension of analysis does Bayley use to describe the structure of police systems?

Command type and number of forces to be supervised.

The three major subtraditions forming the Eastern Asia tradition are

Confucianism, collectivism and context, and legal informalism

Which of the following is NOT a category of crime as identified in the Shari'a?

Hanafi

What single factor best explains Canada's contracting system of policing?

Economics

Civil law countries

France-

Today, Spain has three major law enforcement systems. Which of the following is NOT one of them?.

Gendarmerie

If you were visiting a small village in France and needed a police officer, you would most likely contact a member of the:

Gendarmerie Nationale.

Which country does your textbook offer as an example of a centralized single police structure?

Ghana

Why is adultery considered one of the hudud offenses?

If left unchecked it could disrupt the social fabric of the community.

Since common law was unwritten law, to what did judges "turn" as they decided if an act was criminal or not?

Immemorial custom

In which type of investigation are the French judicial police (under the supervision of district prosecutors) given the most extensive search, seizure, and detention authority?

Investigations of flagrant offenses

Access to defense counsel in Russia is clearly improved over what it was in Soviet times, but there remains a particular problem that some believe has compromised the right to counsel and protection against self-incrimination. Which of the following best reflects that concern?

Investigators will interrogate as a "witness" someone who is really a "suspect."

The Mesopotamian civilization

Iraq

Under which legal tradition do legal rights and obligations always lie with the individual?

Islamic legal tradition

Which of the following is NOT a feature of legal custom as conceived by Blackstone?

It is intermittent (it may be abandoned or interrupted but always returns).

Why are defense lawyers scarce in Islamic law?

Muslims traditionally act for themselves or rely on relatives or character witnesses.

According to the textbook, which os the following is NOT a descriptor of how public prosecution can be accomplished?

Panel of Judges

Tazsir crimes or offenses in Islamic Law

Tazsir- least serious crimes not found in the Quran or Sunna

France has two major court systems, each with separate and distinct hierarchies. Which of the following best supports the argument that this apparently simple system is actually quite complex?

The jurisdictional boundaries of each court system are so blurred that France had to create a special tribunal that decides to which system a case is assigned.

When Japan's laws avoid making any formal distinction regarding levels of culpability, they exemplify which aspect of substantive law in the Eastern Asia legal tradition?

The preference for informal justice

According to the You Should Know box in Chapter 4, Iran can be grouped with the religious states and ______ can be grouped with the secular states in terms of how each applies Islamic law.

Turkey

Election of judges by the people is not a frequently found procedure by which persons become a judge. Which of the following countries is an exception to that?

United States

Very few countries have a policing system wherein many police departments operate in a rather uncoordinated manner without any central authority providing administrative direction. Mexico is one such country. Which of the following is another?

United States

Which of following has a police structure most like that of Mexico?

United States

Which of the following is NOT a criterion for a Had theft?

Whether the offender was male or female

Islamic procedural law is best described as:

a combination of inquisitorial and adversarial.

The diffuse model of judicial review gives the duty of constitutional control to:

all the courts in the country

During the Fifth and Sixth Centuries, ___________ courts administered state law, while __________ courts managed canon law.

civil/ecclesiastical

A trial under the inquisitorial process is most like a(n):

continuing investigation.

The adversarial system is said to have developed from the trial by ordeal wherein disputes were settled by having the parties fight each other. The winner was presumed to have "truth" on his sides. In a sense, swords were used to oppose testimony. Today, ________ has taken the place of swords to challenge testimony.

cross-examination

The three major sub-traditions forming the common legal tradition are

custom, feudal practices and equity

Bayley distinguishes between multiple coordinated and multiple uncoordinated systems to separate those countries where several forces operate with defined jurisdictions from countries where several forces:

have overlapping authority.

The Royal Canadian Mounted Police and the FBI are similar agencies in that each:

is a federal agency dedicated to the enforcement of federal statutes and executive orders.

Under communism Chinese criminal law

justice without law is replaced by laws without justice

The smallest area(s) of police deployment in Japan is (are) the:

koban and chuzaisho.

For purposes of comparative criminal justice, the essential principles of Confucianism lie in the concepts of:

li and fa

Despite the presence of locally controlled police, the textbook places France in the centralized command category because those local police forces:

merely supplement rather than replaced, the Police Nationale.

Magistrate courts in England an Wales

presided over by unpaid lay personnel

"Justiceland" allows the victim or the victim's relatives to initiate action against an offender. This process exemplifies:

private prosecution.

During the reign of Henry II, attempts were made to return order to England through the Constitutions of Clarendon, which:

provided custom as a basis for building order

Substantive law defining criminal behavior

provides information about what behavior is required or prohibited

When the court is deciding if the accused is guilty or innocent, the court is addressing a(n):

question of fact

The tendency in Islamic criminal trial proceedings is for the parties to _______.

represent themselves

The French Gendarmerie

rural area policing

The German and French theft codes:

supply general principles from which logical deduction provides a resolution in each case.

Europol

supports crime prevention and combats criminal activities

Restitution can replace retaliation under Islamic law as found in the use of:

tazir

Because trial proceeding under Islamic law are as much a mediation process as one of adjudication, the parties do not necessarily need:

the assistance of counsel.

The French Police Nationale

urban center policing

In most parts of the world, the term civil law refers to a legal tradition based on ______; but in the United States, civil law more commonly refers to _______.

written codes/a specific type of law dealing with private wrongs