Deck 1: Foundations of Criminal Law

Question 1

The federal government is divided into three branches,the legislative branch,the presidential branch and the judicial branch.

Answer 1

False

Question 2

Stare decisis is church law that originated in the Middle Ages.

Answer 2

False

Question 3

Conduct is not criminal unless it is defined as criminal.

Answer 3

True

Question 4

Violations of administrative regulations,such as safety standards,can be subject to criminal sanctions.

Question 5

State laws must comply with the U.S.Constitution.

Question 6

Most criminal law proceedings take place at the national level.

Question 7

Many of the rights embodied in the Bill of Rights have been selectively incorporated and thus are applicable to the states as well as the federal government.

Question 8

The rule of law is the principle that the courts are the best entities to determine the law and apply it to cases brought before it.

Question 9

Enumerated powers are those powers given to the states in the U.S.Constitution.

Question 10

The U.S.legal system has predominately English common law roots,but the Romans contributed with their historical use of large citizen juries that defined the rights of citizens in a democracy.

Question 11

If there is a conflict between federal law and state law the U.S.Constitution requires,in general,that the federal law be considered the supreme law of this country.

Question 12

Criminal rules of procedure are similar to civil rules of procedure.

Question 13

Petty offenses are minor misdemeanors.

Question 14

John stole Brian's lawnmower.John can be charged under the criminal laws of the jurisdiction,as well as be sued civilly by Brian in order for Brian to recover for his monetary loss.

Question 15

The Necessary and Proper clause is a constitutional provision that allows Congress to enact all laws it deems appropriate for it to carry out the powers and functions granted to it by the Constitution.

Question 16

A felony is a crime requiring a minimum one-year prison sentence.

Question 17

Civil law identifies conduct subject to prosecution and penalty by the state and the procedure that must be followed to do so.

Question 18

The judicial branch of government interprets the law.

Question 19

The Tenth Amendment is the basis for the police powers held by the states and allows the states broad powers that include the power to determine what constitutes a crime and how it should be punished.

Question 20

State government officials are required to uphold the U.S.Constitution.

Question 21

The Magna Carta

A)protected the rights of accused
B)established trial by ordeal
C)was an important document in Roman law
D)increased the power of the state

Question 22

Restorative justice is

A)the oldest form of punishment in the U.S.
B)a primitive form of criminal law not using courts
C)a way for offenders to accept responsibility
D)required by the U.S.Constitution

Question 23

The state of Texas is negotiating with Mexico in an attempt to enter into a new treaty that will regulate trade between the state and Mexico.The federal government is objecting to this potential treaty,claiming that it is the only U.S.entity that can enter into a treaty regarding trade.The power the federal government is claiming is

A)state police power
B)Supremacy Clause power
C)enumerated power
D)duel sovereignty power

Question 24

Criminal procedure

A)rights wrong mainly through monetary reimbursement
B)establishes procedures for the state to prosecute people for illegal conduct
C)causes chaos in society
D)seldom changes

Question 25

Rules on how a criminal case should be filed are part of

A)substantive criminal law
B)procedural criminal law
C)nullum crimen
D)common law

Question 26

An ______________________________________ is a law that was passed after the act,making the previously legal act illegal.

Question 27

The English document signed in 1215 established the principles of fair procedure and protections for the accused.This document is called the ___________________________.

Question 28

____________________is the law of the church that preserved significant aspects of Roman and other law through the Middle Ages.

Question 29

____________________________________________________ is a restraint on government prohibiting laws that are too vague,overbroad,unreasonable,arbitrary or capricious.

Question 30

Marbury v.Madison established

A)separation of powers
B)federalism
C)legislative review
D)judicial review

Question 31

Jane was convicted of breaking and entering Sara's home.Sara was angry and puzzled by Jane's act and spoke to the prosecutor about her concerns.At sentencing the prosecutor asked the judge to use a sentencing method that required Jane to play a role in repairing the harm done to Sara.This sentencing method is called

A)personal justice
B)individual justice
C)relational justice
D)restorative justice

Question 32

A crime that is not inherently evil,but is sufficiently bad to have been prohibited by law is

A)mala in se
B)stare decisis
C)mala prohibita
D)ex post facto

Question 33

A misdemeanor that is punished by a maximum of six months jail time or $500 fine,or both,is a

A)capital crime
B)felony offense
C)misdemeanor violation
D)petty offense

Question 34

Paralegals find criminal law employment in

A)a wide variety of law office and administrative settings
B)private practice only
C)government offices only
D)administrative offices only

Question 35

A vague law that does not clearly define the conduct it makes illegal is a violation of

A)substantive due process
B)procedural due process
C)the First Amendment
D)stare decisis

Question 36

Treason is a capital offense.

Question 37

Federalism is the relationship between

A)the executive and judicial branches of government
B)national and state governments
C)the Constitution and laws of Congress
D)the United States and foreign countries

Question 38

One goal of punishment is the prevention of crime,whether it is an attempt to discourage a specific individual or society as a whole.This goal is called

A)deterrence
B)recidivism
C)retribution
D)detention

Question 39

The rule of law

A)is most easily seen in dictatorships
B)is established in our country by the U.S.Constitution
C)allows people to live without restrictions
D)is not relevant to daily life

Question 40

Recorded judicial opinions are

A)important only as history
B)an important part of the law
C)called expost facto laws
D)available only from the U.S.Supreme Court

Question 41

List the reasons why legal precedent is so important in our criminal justice system.

Question 42

What is the purpose of criminal law?

Question 43

What are three procedure that may be used to change the law?

Question 44

List five rights that were secured by the signing of the Magna Carta.

Question 45

Define the police power of criminal law?

Question 46

Define due process.

Question 47

A ____________________________________________ crime is an inherently evil or obvious wrong and is generally accepted by most societies as a serious crime.

Question 48

List at least three ancient sources of our current criminal law.

Question 49

What are the three objectives of punishment in the criminal justice system? List one benefit and one criticism of each.