Deck 2: The American Quest for Freedom and Justice: Our Laws

Question 1

Which of the following is a case of double jeopardy?

A) when a second trial occurs after the first trial ends in a mistrial
B) when a second trial occurs because the jury in the first trial cannot agree on a verdict
C) when a second trial is ordered by an appellate court
D) both a and b
E) none of the preceding

Answer 1

E

Question 2

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

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

Answer 2

B

Question 3

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) all of the preceding
E) none of the preceding

Answer 3

C

Question 4

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 5

Case law refers to

A) judicial precedents.
B) moral law.
C) religious law.
D) customary law.
E) any of the preceding

Question 6

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

Question 7

The Sixth Amendment establishes

A) due process requirements.
B) freedom of speech.
C) criminal trial requirements.
D) all of the preceding
E) none of the preceding

Question 8

An example of a mala prohibita crime is

A) murder.
B) rape.
C) speeding.
D) both a and b
E) none of the preceding

Question 9

The First Amendment

A) separates church from state.
B) guarantees freedom of the press.
C) protects freedom of petition.
D) all of the preceding
E) none of the preceding

Question 10

The Exclusionary Rule was adopted on the federal level in

A) Weeks v. U.S.
B) Miranda v. Arizona .
C) Mapp v. Ohio .
D) Stoner v. California .
E) Terry v. Ohio .

Question 11

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

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

Question 12

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 13

A body of beliefs about individual freedom which 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 14

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.

Question 15

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 a and c
E) none of the preceding

Question 16

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 17

The Fourth Amendment forbids

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

Question 18

Statutory law may be

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

Question 19

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.

Question 20

The case that established the Exclusionary Rule on the state level was

A) Weeks v. U.S.
B) Miranda v. Arizona .
C) Mapp v. Ohio .
D) Stoner v. California .
E) Terry v. Ohio .

Question 21

____________________ 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 22

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 23

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

Question 24

Police power is derived from

A) U.S. Supreme Court decisions.
B) the U.S. Constitution.
C) state statutes.
D) all of the preceding
E) none of the preceding

Question 25

The Fourteenth Amendment guarantees freedom of religion.

Question 26

Police power is restricted by the U.S. Constitution, the Fourteenth Amendment, and the courts.

Question 27

The Exclusionary Rule is most closely associated with the ____________________ Amendment.

Question 28

The word that describes the right to direct and command is

A) authority.
B) power.
C) social law.
D) all of the preceding
E) none of the preceding

Question 29

The scales of justice represent the delicate balance between women and men in American society.

Question 30

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

Question 31

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

Question 32

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

Question 33

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

Question 34

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

Question 35

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

Question 36

____________________ 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 37

The Fifth Amendment guarantees due process.

Question 38

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

A) punishment.
B) retribution.
C) incapacitation.
D) restitution.
E) a, b and c

Question 39

The ____ Amendment forbids cruel and unusual punishment.

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

Question 40

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 41

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

Question 42

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 they are upholding a law-can be sued.

Question 43

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

Question 44

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

Question 45

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

Question 46

Discuss where police get their power and authority and the restrictions placed on their power and authority.

Question 47

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

Question 48

Discuss the basic differences between a crime and a tort.

Question 49

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

Question 50

____________________ law defines crimes and fixes punishments for them.