Deck 2: Foundations and Functions of Law

Question 1

What mode of justice is utilized by civil law legal systems?

A) Adversarial.
B) Inquisitorial.
C) Customary.
D) Procedural.

Answer 1

B

Question 2

Which of the following is the world's dominant legal system?

A) Common law.
B) Customary law.
C) Civil law.
D) Procedural law.

Answer 2

C

Question 3

Which of the following involves disputes between private parties?

A) Substantive law.
B) Procedural law.
C) Criminal law.
D) Civil law.

Answer 3

D

Question 4

Which of the following is not an example of a procedural law?

A) Method of jury selection.
B) Method of attorney appointment.
C) Rules on evidence admissibility.
D) Property crimes statutes.

Question 5

What type of law is based on societal norms and traditions passed down through generations?

A) Customary law.
B) Procedural law.
C) Substantive law.
D) Common law.

Question 6

What offenses are considered bad in and of themselves?

A) Mala in se offenses.
B) Mala prohibita offenses.
C) Infractions.
D) Misdemeanors.

Question 7

What term refers to all the elements of a criminal offense, or the body of a crime?

A) Corpus delicti.
B) Actus reus.
C) Mens rea.
D) Concurrence.

Question 8

Which criminal element refers to the criminal intent, or motivation behind a crime?

A) Actus reus.
B) Mens rea.
C) Concurrence.
D) Causation.

Question 9

What crime has been committed when two or more individuals enter into an agreement to commit a robbery?

A) Conspiracy.
B) Attempt.
C) Solicitation.
D) Robbery.

Question 10

What crime has been committed when one person tries to persuade another to commit a murder on his or her behalf?

A) Conspiracy.
B) Attempt.
C) Solicitation.
D) Murder.

Question 11

What defense may be used by a person who is compelled to commit a crime because of a threat of bodily harm by another person?

A) Duress.
B) Entrapment.
C) Necessity.
D) Self-defense.

Question 12

Which of the following is not a crime classification in the FBI's Uniform Crime Reports?

A) Crimes against society.
B) Crimes against persons.
C) Crimes against property.
D) Crimes against public order.

Question 13

Which courts are the arbiters of constitutional law disputes?

A) Courts of limited jurisdiction.
B) Courts of original jurisdiction.
C) Courts of appellate jurisdiction.
D) Courts of administrative jurisdiction.

Question 14

In a civil lawsuit, __________________ exists when both parties are at fault.

A) Third-party negligence.
B) Common law negligence.
C) Contributory negligence.
D) Communal negligence.

Question 15

The weight of the evidence required to prove a civil law violation is

A) Preponderance of the evidence.
B) Clear and convincing evidence.
C) Beyond a reasonable doubt.
D) Beyond a shadow of a doubt.

Question 16

Which of the following is not a function of the legislature in the criminal justice system?

A) Funding criminal justice operations.
B) Coordinating the logistics of criminal justice operations.
C) Creating criminal laws.
D) Determining sentencing guidelines.

Question 17

What type(s) of relief can be sought by individuals bringing a lawsuit based on a civil law violation?

A) Monetary damages.
B) Equitable relief.
C) Fines paid to the government.
D) Both a and b.
E) Both b and c.

Question 18

Criminal penalties in the prehistorical era most closely resemble what modern theory of punishment?

A) Deterrence.
B) Incapacitation.
C) Restitution.
D) Retribution.

Question 19

In a civil law legal system, criminal suspects

A) Are expected to take part in the criminal investigation against them.
B) Have the right to remain silent throughout the trial proceedings.
C) Must be proved guilty beyond any doubt.
D) Have the same rights as suspects in common law legal systems.

Question 20

In a civil lawsuit, an attorney may take case a case based on a ________________, in which he or she would only receive a fee if his or her client recovers a monetary award.

A) Retainer fee.
B) Contingency fee.
C) Contract fee arrangement.
D) Court appointment.

Question 21

Norms, mores, and folkways are the elements behind customary law.

Question 22

Often in primitive societies the most serious form of punishment was banishment.

Question 23

Incarceration in a prison or jail is an example of corporal punishment.

Question 24

Religious or church-made law is known as civil law.

Question 25

Legal precedent is illustrated by the term habeas corpus.

Question 26

In criminal law, to secure a conviction the state must prove guilt beyond a reasonable doubt.

Question 27

The person bringing a civil suit in the United States is known as the prosecutor.

Question 28

A bench trial is before a judge with no jury.

Question 29

The right to counsel is provided for in the Fourth Amendment to the Constitution.

Question 30

Substantive law defines those acts that are considered crimes.

Question 31

Discuss the circumstances in which an irrational justice system would or would not be an effective method of governance. What societal, political, religious, and other factors would help determine whether this type of justice system could be successful?

Question 32

Discuss the concept of stare decisis and case precedent and its role in both a common law and a civil law system. What role should case precedent play in the determination of a case's outcome? What are the advantages and disadvantages to each approach? How might this impact the final outcome of a case?

Question 33

Discuss the five primary sources of U.S. law and the contributions that each has made to society and the legal system. Be specific and give examples.

Question 34

Discuss the influence that the legal systems of early historical period have had on the U.S. legal system. What specific examples of influence are still present in today's legal system?

Question 35

Discuss the primary differences between civil and criminal law in the United States. In your answer, provide specific examples of how and where these differences are observed in the U.S. legal system.

Question 36

Physical punishments, including beatings and floggings.

A) Death penalty
B) Banishment
C) Irrational justice
D) Corporal punishment
E) Contributory negligence
F) Judicial review
G) Felonies
H) Misdemeanors
I) Petty misdemeanors
J) Infractions

Question 37

The most serious criminal offenses, usually punishable by at least 1 year in prison.

A) Death penalty
B) Banishment
C) Irrational justice
D) Corporal punishment
E) Contributory negligence
F) Judicial review
G) Felonies
H) Misdemeanors
I) Petty misdemeanors
J) Infractions

Question 38

Criminal offenses that are punishable only through fines.

A) Death penalty
B) Banishment
C) Irrational justice
D) Corporal punishment
E) Contributory negligence
F) Judicial review
G) Felonies
H) Misdemeanors
I) Petty misdemeanors
J) Infractions

Question 39

Sanction that was rarely utilized in prehistoric society because all clan members were needed.

A) Death penalty
B) Banishment
C) Irrational justice
D) Corporal punishment
E) Contributory negligence
F) Judicial review
G) Felonies
H) Misdemeanors
I) Petty misdemeanors
J) Infractions

Question 40

Process by which courts examine legislative statutes and executive actions to determine their constitutionality.

A) Death penalty
B) Banishment
C) Irrational justice
D) Corporal punishment
E) Contributory negligence
F) Judicial review
G) Felonies
H) Misdemeanors
I) Petty misdemeanors
J) Infractions

Question 41

Violations of local ordinances.

A) Death penalty
B) Banishment
C) Irrational justice
D) Corporal punishment
E) Contributory negligence
F) Judicial review
G) Felonies
H) Misdemeanors
I) Petty misdemeanors
J) Infractions

Question 42

Most severe punishment imposed for law violations in prehistoric society.

A) Death penalty
B) Banishment
C) Irrational justice
D) Corporal punishment
E) Contributory negligence
F) Judicial review
G) Felonies
H) Misdemeanors
I) Petty misdemeanors
J) Infractions

Question 43

When both parties to a civil lawsuit are at fault.

A) Death penalty
B) Banishment
C) Irrational justice
D) Corporal punishment
E) Contributory negligence
F) Judicial review
G) Felonies
H) Misdemeanors
I) Petty misdemeanors
J) Infractions

Question 44

Justice systems that rely on religious beliefs and ethical considerations.

A) Death penalty
B) Banishment
C) Irrational justice
D) Corporal punishment
E) Contributory negligence
F) Judicial review
G) Felonies
H) Misdemeanors
I) Petty misdemeanors
J) Infractions

Question 45

Less serious criminal offenses, for which the potential punishment is less than 1 year in jail.

A) Death penalty
B) Banishment
C) Irrational justice
D) Corporal punishment
E) Contributory negligence
F) Judicial review
G) Felonies
H) Misdemeanors
I) Petty misdemeanors
J) Infractions