Deck 2: The American Quest For Freedom And Justice: Our Laws

Question 1

The first 10 amendments to the Constitution are referred to as the ________.

A) primary amendment
B) civil rights amendments
C) civil liberties amendments
D) Bill of Rights
E) Primary Liberties Bill

Answer 1

D

Question 2

The basic instrument of the government and the supreme law of the United States is the _________.

A) Declaration of Independence
B) Constitution
C) Magna Carta
D) Freedom of Information Act
E) American Creed

Answer 2

B

Question 3

A term applied to precedents set by the judges in the royal courts of England is __________ law.

A) statutory
B) moral
C) ecclesiastical
D) common
E) customary

Answer 3

D

Question 4

The Sixth Amendment establishes __________.

A) due process requirements
B) freedom of speech
C) criminal trial requirements
D) due process requirements, freedom of speech and criminal trial requirements
E) none of the other choices

Question 5

The Supreme Court has ruled that the Fourth Amendment prohibits,under any circumstance,police officers from stopping and frisking a "suspicious person."

Question 6

Consensus theory holds that individuals within a society agree on basic values.

Question 7

The Declaration of Independence established how the United States should be structured and governed.

Question 8

Conflict theory contends that certain behaviors are criminalized to keep the dominant class in power.

Question 9

The grand jury's duty is to determine guilt or innocence in cases involving a capital offense.

Question 10

The duty of a grand jury is to _________.

A) see that the punishment fits the crime
B) sentence a defendant
C) assure that there is probable cause to believe a person is guilty of a crime
D) see that the punishment fits the crime, sentence a defendant and assure that there is probable cause to believe a person is guilty of a crime
E) none of the other choices

Question 11

The Fifth Amendment guarantees due process.

Question 12

The Fourteenth Amendment guarantees freedom of religion.

Question 13

The Supreme Court has ruled that the First Amendment does not protect all forms of expression.

Question 14

Local ordinances are permitted by law to be more lenient than state law.

Question 15

A body of beliefs about individual freedom that most Americans believe in is known as __________.

A) an Order of Authority
B) the Magna Carta
C) the American Creed
D) national treaties
E) the U.S. Code

Question 16

Statutory law may be__________.

A) passed at the federal level
B) civil
C) criminal
D) passed at the state level
E) all of the other choices

Question 17

Retributive justice and restorative justice offer two similar ways to view justice.

Question 18

Case law refers to __________.

A) judicial precedents
B) moral law
C) religious law
D) customary law
E) any of the other choices

Question 19

The First Amendment _________.

A) separates church from state
B) guarantees freedom of the press
C) protects freedom of petition
D) does all of the other choices
E) does none of the other choices

Question 20

The fundamental document describing the liberties of the people and forbidding the government to violate these rights is known as the _________.

A) Declaration of Independence
B) Bill of Rights
C) collective state statute
D) petitionary order
E) Congressional Constitution

Question 21

The ___________ Amendment protects Americans' right to assemble peaceably for any political,religious or social activity.

Question 22

Police power is derived from __________.

A) U.S. Supreme Court decisions
B) the U.S. Constitution
C) state statutes
D) U.S. Supreme Court decisions, the U.S. Constitution and state statutes
E) none of the other choices

Question 23

The _________ Amendment forbids cruel and unusual punishment.

A) First
B) Fourth
C) Fifth
D) Sixth
E) Eighth

Question 24

The ______________________ asserts that all citizens are created equal and are entitled to the unalienable rights of life,liberty and the pursuit of happiness.

Question 25

The legal document ordering a person to testify in a court of law as a witness is
Known as a__________.

A) subpoena
B) writ of habeas corpus
C) writ of appearance
D) writ of certiorari
E) coercive document

Question 26

Civil law refers to all noncriminal restrictions placed on individuals and seeks to obtain __________.

A) punishment
B) retribution
C) incapacitation
D) restitution
E) punishment, retribution and incapacitation

Question 27

The landmark case that applied due process to juveniles was __________.

A) In re Windship
B) In re Gault
C) Watson v. Ohio
D) Smith v. Pennsylvania

Question 28

The ______________ branch of government makes the laws; the ____________ branch,of which law enforcement is a part,enforces the laws; and the _____________ branch determines when laws have been violated.

Question 29

The exclusionary rule is most closely associated with the __________ Amendment.

Question 30

The __________ -the "guilty act"-must be a measurable act,including planning and conspiring.

A) mens rea
B) corpus delicti
C) mala in se
D) scienter
E) actus reus

Question 31

Common examples of civil issues that police officers may encounter include __________.

A) child custody exchanges
B) neighbor disputes
C) renter/landlord disputes
D) all of the other choices

Question 32

The __________ Amendment guarantees the right to keep and bear arms.

A) First
B) Second
C) Fifth
D) Sixth
E) Eighth

Question 33

The __________ Amendment requires a person to be presumed innocent until proven guilty.

A) First
B) Second
C) Fourth
D) Fifth
E) Sixth

Question 34

_______________ refers to a serious crime,generally one punishable by death or by imprisonment for more than one year in a state prison or penitentiary.

Question 35

_______________ refers to any minor offense,generally punishable by a fine or a short term,usually not to exceed one year,in a jail or workhouse.

Question 36

Considering the "spirit of the law" rather than the "letter of the law" is the foundation of __________.

A) equity
B) customary law
C) moral law
D) social law
E) the American Creed

Question 37

The Fourth Amendment forbids __________.

A) limited searches
B) unreasonable searches and seizures
C) excessive bail
D) double jeopardy
E) self-incrimination

Question 38

A mala in se crime is _________.

A) bad because it is forbidden
B) so offensive it is obviously criminal
C) one that violates a specific regulatory statute
D) both bad because it is forbidden and because it violates a specific regulatory statute
E) none of the other choices

Question 39

An example of a mala prohibita crime is __________.

A) murder
B) rape
C) speeding
D) both murder and rape
E) none of the other choices

Question 40

The _______________ Amendment does not specifically provide that all citizens have a right to bail,but only that bail will not be excessive.

Question 41

Discuss Packer's due process and crime control models and how each views the justice process.

Question 42

Crimes where criminal intent is not an element are known as ____________ ____________ crimes.

Question 43

A ____________ is a civil wrong for which the court will seek a remedy in the form of damages to be paid.

Question 44

Section _____________ of U.S.Code,Title 42,stipulates that anyone acting under the authority of local or state law who violates another person's constitutional rights-even though he or she is upholding a law-can be sued.

Question 45

______________ law defines crimes and fixes punishments for them.

Question 46

A _________________ is a judicial ruling that significantly alters or affects existing law.

Question 47

Discuss the basic differences between a crime and a tort.

Question 48

Explain the case of Gideon v.Wainwright,the issue it dealt with,and how the court ruled.

Question 49

Discuss the specific rights guaranteed by the First,Second,Fourth,Fifth,Sixth,Eighth and Fourteenth Amendments and how they affect the justice process.

Question 50

Explain the differences between strict liability,intentional wrongs,and negligence.Which of these is most frequently used in lawsuits against the police?