Deck 2: Issues of Law

Question 1

The practice of transforming unwritten local customs into written codes of behavior for the entire country established the English tradition of

A) common law.
B) precedent.
C) administrative law.
D) mala in se.

Answer 1

A

Question 2

The term used to illustrate that the law applies to everyone, even to government bodies, is called

A) equal protection.
B) common law.
C) rule of law.
D) general welfare.

Answer 2

C

Question 3

Case law comes from decisions made by judges.

Answer 3

True

Question 4

____________ describes the processes and actions that must be followed when carrying out the law.

A) Fourth Amendment
B) Procedural law
C) Administrative law
D) Habeas corpus

Question 5

The ____________ states that the government cannot punish individuals for wrongdoing unless a law exists to define the conduct as a crime and to prescribe a punishment for it.

A) principle of legality
B) habeas corpus
C) administrative law
D) common law

Question 6

Mens rea is always required for someone to be punished for engaging in criminal behavior.

Question 7

A ____________ is when individuals are required by law to act, but fail to do so.

A) civil tort
B) criminal act
C) act of omission
D) victimless crime

Question 8

When intent need not be present in order for an individual to be held liable for a crime, it is called

A) strict liability.
B) mens rea.
C) omission.
D) corpus delicti.

Question 9

Which type of causation is called the "but for" causation?

A) Concurrent cause
B) Direct cause
C) Proximate cause
D) Harmful cause

Question 10

Crimes that are committed within the realm of one's work or employment are considered

A) corporate crime.
B) white-collar crime.
C) employee theft.
D) public order offenses.

Question 11

The justification of self-defense requires all but which of the following?

A) An ordinary person would have believed that force was to be used.
B) Force is needed to defend oneself.
C) Force is to be used to protect oneself from harm, not to inflict harm needlessly.
D) A prior attack took place.

Question 12

The first legal definition of insanity was known as the M'Naghten Rule.

Question 13

Intoxication is never a defense to criminal liability.

Question 14

Recent proposals to combat computer-related crime have been to extend the __________ statutes.

A) Homeland Security
B) Racketeering Influenced and Corrupt Organization
C) Patriot Act
D) White-Collar Crime Act

Question 15

The________ provision prohibits retroactive laws.

A) habeas corpus
B) ex post facto
C) attainder
D) administrative law

Question 16

The right to habeas corpus allows an individual to challenge illegal confinement by the government.

Question 17

Searches and seizures that violate Fourth Amendment provisions are subject to the

A) habeas corpus rule.
B) exclusionary rule.
C) probable cause rule.
D) incrimination rule.

Question 18

Which of the following is NOT covered in the Fifth Amendment?

A) Self-incrimination
B) Right to privacy
C) Double jeopardy
D) Grand jury

Question 19

A grand jury consists of a number of ordinary citizens who review the charges against an individual and decide if the charges warrant a trial.

Question 20

The rights to speedy, public, and impartial trials and trials by jury are covered in the

A) Fourth Amendment.
B) Fifth Amendment.
C) Sixth Amendment.
D) Eighth Amendment.

Question 21

The cruel and unusual punishment clause appears in the

A) Fourth Amendment.
B) Fifth Amendment.
C) Sixth Amendment.
D) Eighth Amendment.

Question 22

Mala in se crimes are those that are prohibited, but not necessarily bad.

Question 23

The legislative branch is responsible for issuing executive orders.

Question 24

Which of the following is considered the highest source of law in the country?

A) Case law
B) Constitutional law
C) Statutory law
D) Administrative law

Question 25

Which of the following is the standard of proof that police must meet in order to secure a warrant?

A) Reasonable suspicion
B) Probable cause
C) Preponderance of the evidence
D) Clear and convincing evidence

Question 26

The purpose of a public trial is for the public to be a watchdog over government actions.

Question 27

Punishments for property crimes are generally not as severe as punishments for crimes against the person.

Question 28

Individuals from all socioeconomic classes can and do engage in white-collar crime.

Question 29

The Bill of Rights was created to provide the government with more power to prohibit
the rights of citizens.

Question 30

Which of the following prohibits the government from prosecuting an individual twice
For the same crime?

A) Double jeopardy
B) Grand jury
C) Self-incrimination
D) Cruel and unusual Punishment

Question 31

The U.S. Supreme Court has ruled that warrantless use of GPS to track suspects is
unconstitutional.

Question 32

Punishments for drug offenses can range from probation to the death penalty.

Question 33

Civil law covers issues such as divorces, wrongful injury, and wills.

Question 34

The criminal law in the United States is taken from the French tradition of common law.

Question 35

All laws in the United States must abide by the U.S. Constitution.

Question 36

Many morals offenses involve sexual behavior, like prostitution.

Question 37

It is fairly easy to investigate Internet crime in the United States.

Question 38

Which of the following ruled that it is unconstitutional to execute a mentally retarded offender?

A) Roper v. Simmons
B) Gregg v. Georgia
C) Coker v. Georgia
D) Atkins v. Virginia

Question 39

How does substantive law differ from procedural law?

Question 40

What are two examples of substantive law? Provide examples of each.

Question 41

Provide examples of each of the following types of crimes:
a. Personal crimes
b. Property crimes
c. Crimes against public order
d. Drug offenses
e. White-collar crimes

Question 42

Identify the two main parts that make up the federal constitution.

Question 43

What needs to be in a legal warrant?

Question 44

Explain what is meant by "incorporation" and how it has been established.

Question 45

What is the difference between "justifications" and "excuses" with regard to defenses to criminal liability? Provide one example of each.