Deck 2: Some Important Underlying Concepts

Question 1

The earliest examples of conflict resolution can be found in

A) post-industrial societies.
B) pre-industrial societies.
C) post-modern societies.
D) the Industrial Revolution.

Answer 1

B

Question 2

Roman law was highly influenced by

A) Babylonian legal principles.
B) European legal principles.
C) Western legal principles.
D) Asian legal principles.

Answer 2

A

Question 3

England developed what is known as

A) civil law.
B) common law.
C) Islamic law.
D) socialist law.

Answer 3

B

Question 4

In which of the following sources of law is the principle of "eye for an eye" found?

A) the Code of Hammurabi
B) the Bible
C) common law
D) civil law

Question 5

On what source is American law primarily based?

A) the Code of Hammurabi
B) the Bible
C) common Law
D) civil Law

Question 6

Common law was developed by which of the following?

A) statutes
B) the Constitution
C) judges
D) legislators

Question 7

What phrase specifically means "let the decision stand"?

A) parens patriae
B) stare decisis
C) res ipsa loquitur
D) in loco parentis

Question 8

The highest court in the state in usually known as the

A) district court.
B) circuit court.
C) state supreme court.
D) appellate court.

Question 9

Several legal systems exist today. The United States follows what is often referred to as the

A) civil system.
B) common law system.
C) constitutional law system.
D) socialist law system.

Question 10

The burden of persuasion is commonly referred to as

A) burden of production.
B) burden of going forward.
C) burden of proof.
D) directed verdict.

Question 11

In criminal trials, the burden of proof is by

A) preponderance of the evidence.
B) beyond a reasonable doubt.
C) mere suspicion.
D) probable cause.

Question 12

In civil matters, the burden of proof is typically by

A) preponderance of the evidence.
B) beyond a reasonable doubt.
C) mere suspicion.
D) probable cause.

Question 13

The twelfth-century term "moral certainty" has been equated with

A) preponderance of the evidence.
B) probable cause.
C) clear and convincing evidence.
D) reasonable doubt.

Question 14

The case that applied the reasonable doubt standard to juvenile adjudication is

A) Weeks v. United States.
B) In re Winship.
C) Mapp v. Ohio.
D) Terry v. Ohio.

Question 15

In most states, when the defense raises an affirmative defense, the burden of proof is

A) preponderance of the evidence.
B) probable cause.
C) clear and convincing evidence.
D) beyond a reasonable doubt.

Question 16

Any evidence obtained by law enforcement officers in violation of the Fourth Amendment guarantee against unreasonable searches and seizures is not admissible in a criminal trial to prove guilt; this rule was applied by the United States Supreme Court to the states in 1961 in

A) Mapp v. Ohio.
B) In re Winship.
C) Weeks v. United States.
D) Graham v. Conner.

Question 17

Evidence seized illegally by state police could be turned over to federal law enforcement officers for use in federal prosecutions because federal law enforcement officers were not directly involved in the illegal seizure. This was known as

A) thin blue line.
B) patronage network.
C) burden of going forward.
D) silver platter doctrine.

Question 18

The Supreme Court explicitly applied the remedy of the exclusionary rule to the states in

A) Elkins v. United States.
B) Weeks v. United States.
C) Mapp v. Ohio.
D) Wolf v. Colorado.

Question 19

The "inevitable discovery exception" was developed in

A) Arizona v. Evans.
B) Mapp v. Ohio.
C) Nix v. Williams.
D) Weeks v. United States.

Question 20

Self-defense applies to

A) deadly force.
B) non-deadly force.
C) both a and b
D) none of the above

Question 21

Which of the following is an incorrect element required to plead self-defense?

A) must be present danger
B) must not be the initial aggressor
C) must respond with similar force to the force being threatened by an attacker
D) a reasonable belief that the force is necessary

Question 22

The doctrine stating that a victim of an attack need not retreat and may use whatever force is necessary to repel an attack, even if a safe retreat was possible, is the

A) retreat doctrine.
B) true man doctrine.
C) castle doctrine.
D) non-retreat doctrine.

Question 23

The doctrine stating that people need not retreat and may defend themselves in their own home is the

A) retreat doctrine.
B) true man doctrine.
C) castle doctrine.
D) stand your ground doctrine.

Question 24

Consent must be

A) voluntary, knowing, and intelligent.
B) voluntary, knowing, and accepted.
C) voluntary, approved, and accepted.
D) voluntary, imminent, intelligent.

Question 25

The United States Supreme Court held that police use of deadly force to apprehend fleeing criminal suspects is limited by the Fourth Amendment, which requires that all seizures be conducted in a reasonable manner, in

A) Mapp v. Ohio.
B) Weeks v. United States.
C) Graham v. Conner.
D) Tennessee v. Garner.

Question 26

An example of an excuse defense is

A) self-defense.
B) insanity.
C) consent.
D) defense of others.

Question 27

Which of the following is true of duress?

A) It is a justification for a crime committed.
B) It can be used to excuse only serious crimes.
C) It typically requires imminent threats of bodily harm.
D) It can be used to excuse murder.

Question 28

Which of the following excuses, if successfully proven, would most likely allow a person to escape criminal liability?

A) duress
B) voluntary intoxication
C) involuntary intoxication
D) mistake of law

Question 29

At common law there is an irrebuttable presumption that children under what age are considered incompetent?

A) three
B) seven
C) nine
D) eleven

Question 30

At common law what age group has rebuttable presumption of incompetence in adult criminal court?

A) children under the age of seven
B) children between the ages of seven and fourteen
C) children between fourteen and eighteen
D) No age group has such a presumption.

Question 31

What age group has a presumption of competence in adult criminal court?

A) children under the age of seven
B) children between the ages of seven and fourteen
C) children between fourteen and eighteen
D) All age groups are presumed to be competent.

Question 32

The juvenile court was established as an alternate approach to juvenile offenders and was based on

A) the mens rea doctrine.
B) the parens patriae doctrine.
C) in loco parentis.
D) res ipsa loquitur.

Question 33

Insanity

A) is a legal term that describes mental illness.
B) is a medical term.
C) does not excuse criminal liability by impairing the mens rea of the defendant.
D) all of the above

Question 34

Which of the following tests for insanity established the right versus wrong standard?

A) M'Naghten rule
B) iresistible impulse test
C) Durham test
D) substantial capacity test

Question 35

Which of the following tests for insanity required that a defendant essentially lack free will?

A) M'Naghten rule
B) irresistible impulse test
C) Durham test
D) substantial capacity test

Question 36

Which of the following tests excused criminal liability if it was the product of mental disease or defect?

A) M'Naghten rule
B) irresistible impulse test
C) Durham test
D) substantial capacity test

Question 37

Which of the following tests for insanity was established by the American Law Institute?

A) M'Naghten rule
B) irresistible impulse test
C) Durham test
D) substantial capacity test

Question 38

The __________ test for insanity states that the defendant is not criminally responsible if his or her act was "the product of mental disease or defect."

A) substantial capacity
B) product
C) irresistible impulse
D) infancy

Question 39

Age has been treated as a defense to criminal liability on the ground that persons below a certain age lack the requisite mental capability to form mens rea or criminal intent. This is known as the

A) infancy defense.
B) insanity defense.
C) intoxication defense.
D) mistake of fact defense.

Question 40

This doctrine requires that a person must retreat rather than use deadly force if it possible to retreat without incurring harm.

A) true man doctrine
B) retreat doctrine
C) castle doctrine
D) defense of others

Question 41

____ In pre-industrial societies the king/chief acted as an advocate for one side.

Question 42

____ Roman law was highly influenced by Babylonian legal principles.

Question 43

____ The Twelve Tables was the first entirely nonsecular written legal code.

Question 44

____ The Code of Hammurabi expressed a retributive "eye for an eye" philosophy.

Question 45

____ Common law was created by legislatures.

Question 46

____ Under common law, every final decision creates a precedent.

Question 47

____ Stare decisis means "guilty mind."

Question 48

____ Precedent is permanent.

Question 49

____ Higher-level appeals courts are bound by the judgments of lower courts.

Question 50

____ The court system is a form of conflict resolution.

Question 51

____ A prima facie showing means enough evidence to justify submission of the matter to the jury if unchallenged by the other side.

Question 52

____ The defendant is under no obligation to introduce evidence that he or she is innocent.

Question 53

____ The burden of persuasion is the burden placed upon the party to convince the jury with regard to a particular issue. It is more commonly referred to as the "burden of production."

Question 54

____ The burden of proof beyond a reasonable doubt means that the facts asserted are probably more true than false.

Question 55

____ Proof by clear and convincing evidence lies somewhere between proof by a preponderance of the evidence and proof beyond a reasonable doubt.

Question 56

____ Very few states today have case law, which provides some definition of reasonable doubt.

Question 57

____ The Supreme Court has never upheld a definition of reasonable doubt.

Question 58

____ The exclusionary rule is a legislatively created remedy for violations of the Fourth Amendment.

Question 59

____ The primary purpose of the exclusionary rule is to deter judicial misconduct.

Question 60

____ Because the Weeks decision applied only against the federal government, state law enforcement officers were still free to seize evidence illegally without fear of exclusion in state criminal proceedings.

Question 61

____ In 1949, in Wolf v. Colorado, the Supreme Court applied the Fourth Amendment to the states, incorporating it into the due process clause of the Fourteenth Amendment. However, the Court refused to apply the remedy of the exclusionary rule to the states.

Question 62

____ The Supreme Court in Mapp stated that the exclusionary rule serves at least two purposes: the deterrence of police misconduct and the protection of individual rights.

Question 63

____ By "good faith," the Court meant the police were unaware that the warrant was invalid.

Question 64

____ The good faith exception applies to errors made by the police even if the errors were entirely inadvertent.

Question 65

____ A defense is a response made by the defendant to a charge in a criminal trial.

Question 66

____ Texas allows the use of deadly force to protect certain types of property, such as natural gas.

Question 67

____ One can consent after the fact to injuries already received.

Question 68

____ One can consent to serious injury.

Question 69

____ With an excuse defense the defendant admits what he or she did was wrong but argues that under the circumstances he or she is not responsible for the improper conduct.

Question 70

____ Youth has been treated as a defense to criminal liability on the ground that persons below a certain age lack the requisite mental capability to form actus rea.

Question 71

____ Today the parens patriae doctrine of the juvenile court is slowly giving way to an increased desire to treat juveniles similarly to adult offenders.

Question 72

____ There are several legal tests for insanity. These tests focus on the reason and willpower of the defendant.

Question 73

____ The M'Naghten test is also known as the "right versus wrong test."

Question 74

In the United States the criminal courts utilize the adversary system to establish the guilt of a criminal defendant. What is the rationale behind an adversary system?

Question 75

What does a prima facie showing mean?

Question 76

What is the typical burden of proof in a civil trial? What does this burden of proof mean?

Question 77

What is the burden of proof in a criminal trial? What does this burden of proof mean?

Question 78

What is the inevitable discovery exception to the exclusionary rule?