Deck 2: The Social Context of Dispute Settlement and the Rise of Law

Question 1

Which of the following best characterizes self-based systems of redress in small-scale societies?

A) There are customary expectations about the appropriateness of different punishments.
B) There are vague notions of right and wrong behaviour.
C) There is a strong centralized authority to mediate disputes.
D) Punishment is carried out by a neutral third party.

Answer 1

A

Question 2

"A state of social bonding or interdependency that rests on similarity of beliefs and values,shared activities,and ties of kinship and cooperation among members of a community." Which of the following concepts does this definition apply to?

A) mutual dependence
B) mode of production
C) collective solidarity
D) role diffusion

Answer 2

C

Question 3

According to Rupert Ross (1989),how do the dispute resolution processes of small-scale societies compare to those generally used in Canada today?

A) They are in direct contrast.
B) They are fairly similar.
C) They are exactly the same.
D) They cannot be compared easily.

Answer 3

A

Question 4

What does civil law refer to?

A) the law of medieval cities
B) the law of dispute settlement between individuals
C) the law that promotes peace and harmony
D) the law that requires civility in public places

Question 5

Which of the following defines the elite class?

A) age and long-standing membership in the community
B) membership in several kinship groups
C) ability to make wise decisions with little hesitation
D) ownership of resources and power over decision making

Question 6

Max Weber saw power as the ability to realize one's goals despite resistance from others.Which of the following best characterizes power in small-scale societies compared to more modern,complex societies?

A) The power to make decisions was shared by members of the group.
B) The power to make decisions was held only at an institutional level.
C) Power was formally encoded in law and authority.
D) The legitimate use of power was held by an elite few.

Question 7

During a dispute settlement on an Ojibway reserve observed by Rupert Ross (1989),what was the focus of the intervention conducted by the Elders?

A) the past history and reputation of the disputants
B) the cleansing of the spirit for the future
C) reconstructing the details of the specific incident
D) fair compensation for the victim

Question 8

Which of the following categories best describes the present-day "mode of production" in Canada?

A) hunting and gathering
B) horticultural
C) industrial
D) pastoral

Question 9

In a small-scale society,the power of advisors who settle disputes is based on which of the following?

A) hereditary position
B) ability to enforce compliance
C) moral authority
D) connection to kin on both sides of the dispute

Question 10

Which of the following outcomes was a result of the vulnerable existence experienced by hunters and gatherers who travelled often and could not accumulate a surplus of resources?

A) significant inequality
B) a strong collective solidarity
C) high crime rates
D) strong legal guidelines

Question 11

What is the role of a state in addressing crime?

A) It controls the economy and therefore the amount of crime.
B) It develops and enforces laws.
C) It sponsors education programs.
D) It monitors the fear of crime.

Question 12

Which of the following is a characteristic that a small-scale society is likely to have?

A) very little collective solidarity across communities
B) a kinship or cooperative system of dispute resolution
C) economic inequality between citizens
D) formal laws enforced by a tiered governmental structure

Question 13

Which of the following might be a response to someone who has committed harm against another in a small-scale society?

A) a trial would be held and a judge would rule on the sentence
B) the victim would be permitted to do whatever he or she wanted to the offender
C) the offender may be ostracized from the group for a time
D) the offender and victim would be expected to fight to the death

Question 14

According to Ross (1989),why might an Indigenous victim not testify against an accused in court?

A) The victim may refuse to testify due to fear or embarrassment.
B) The victim may excuse the behaviour of the accused as a normal part of his standing in the community.
C) The victim may believe that no crime was committed.
D) The victim may refuse to testify because direct confrontation with the accused is considered wrong.

Question 15

According to the text,what is the main source of order and self-restraint in small-scale societies?

A) the political processes put in place by leaders
B) the influence of the church on the state
C) the need to maintain connections required for survival
D) the passive qualities passed down through generations

Question 16

Which of the following is considered a common cause of disputes in hunting and gathering societies?

A) inequitable food distribution
B) poor manners
C) excessive substance use
D) cruelty to animals

Question 17

Why might small group societies generally ostracize individuals for short periods of time rather than completely expel them as a form of punishment?

A) The expelled individual may join a competing group.
B) The expelled individual may seek revenge against the group through violence.
C) It would mean certain death for the individual expelled and would weaken the group.
D) It often results in the expelled individual forming his or her own rival group to compete for resources.

Question 18

Which of the following is the major goal of dispute settlement processes in small-scale societies?

A) to provide restitution to the victimized parties
B) to identify and punish perpetrators
C) to provide satisfaction to the offended party or parties
D) to restore harmony between parties in conflict

Question 19

Which of the following does self- or kin-based redress include?

A) punishment determined by authorities of the state
B) jail terms to be served outside the community
C) mediation by respected elders
D) punishment administered by the kinship group as a whole

Question 20

For dispute settlement purposes,advisors are men who have a high social status within a small-scale society.Which of the following qualities is this status based on?

A) hunting,fishing,and trapping
B) fighting,hunting,and speaking
C) speaking,writing,and artistic ability
D) birth order,family lineage,and property ownership

Question 21

Which of the following was the main function of the Black Act of 1723?

A) to allow the Crown to expropriate Church property
B) to expand the penalties courts could impose against commoners
C) to encourage common people to become land owners
D) to support the institution of slavery

Question 22

The growing importance of legal contracts,lawyers,and laws against theft and embezzlement were all the result of the emergence of which of the following?

A) feudalism and the feudal lords
B) capitalism and a merchant class
C) the sovereigns and Norman kings
D) industrialization and the assembly-line form of manufacturing

Question 23

When Karl Marx coined the term "bourgeois class" he was referring to which of the following social groups?

A) common farmers
B) serfs
C) the capitalist ruling class
D) feudal lords

Question 24

During the reign of Henry VIII,which of the following was true of the state?

A) It was essentially irrelevant.
B) It replaced feudalism.
C) It was largely controlled by the king with support from the merchant class.
D) It was staffed with members of the nobility.

Question 25

What is the primary role of law?

A) to determine how society will evolve
B) to ensure that individuals have rights
C) to regulate some aspects of criminal behaviour
D) to govern all aspects of human activity

Question 26

Which of the following was the economic foundation of the feudal system?

A) retail merchants
B) agriculture
C) manufacturing
D) international trading

Question 27

Under capitalism,which of the following was used to maintain social relationships?

A) customs
B) parliament
C) kinship
D) contracts

Question 28

In the early feudal era in England,how were serious disputes typically settled?

A) duelling with pistols
B) money compensation and fines
C) kin-based redress systems
D) jury trials

Question 29

What was the nature of the relationship between the Crown and the merchant class during the mid-1500s?

A) The Crown created small-scale societies within its ranks to be managed by merchants.
B) The merchant class became the subject of increased legal sanctions imposed by the Crown.
C) The merchant class supported the Crown in return for the creation of a stable legal system.
D) The Crown decreased its demands on the merchant class.

Question 30

Norman kings saw themselves as the injured party when a crime was committed because the harm was against their peace.What was the implication of this development for the future of dispute settlement in western societies?

A) Contract and tort laws emerged.
B) Lords were increasingly recruited to better deal with crime on their properties.
C) The state took on more responsibility over harms committed by one individual against another.
D) Greater responsibility was placed on families to punish members that committed harms against other families.

Question 31

What is the principal instrument used by the state to regulate human activity,ensure social order,and prevent,control,and resolve disputes in modern societies?

A) laws and legislation
B) the restorative justice system
C) the army
D) Crown prosecutors

Question 32

Which of the following best represents the implications of powerful transnational corporations?

A) They increase the power of the state.
B) They decrease the power of the state.
C) They do not affect the power of the state.
D) They lead to monopoly.

Question 33

What is the term for the system of economic and social organization that included a central farm owned by the landlord and small land holdings for a class of bonded farm labourers?

A) tribalism
B) feudalism
C) agrarianism
D) industrialism

Question 34

Which of the following best describes common law?

A) the law that is common to a group of different countries
B) the law that regulates the relationships between countries
C) the law that regulates access to Crown land
D) the law that is available to all individuals

Question 35

Which of the following statements best represents the changes to crime and dispute resolution that emerged as hunting and gathering societies shifted to pastoral,horticultural,agricultural,and industrial societies?

A) theft and contract disputes arose as issues and fines became possible sanctions
B) assaults increased and courts were created to resolve disputes before judges
C) poaching and theft were rampant but dispute resolution did not change significantly
D) domestic assaults were of primary concern and mediation became the primary method of dispute resolution

Question 36

Which of the following terms is used to describe those who lobby the state to change laws?

A) have-nots
B) bourgeois
C) legislative legacies
D) moral entrepreneurs

Question 37

According to the text,the state was created to represent the interests of the bourgeois class.What does the text suggest is the role of the state in modern society?

A) to define the nature of how social relationships will be conducted
B) to act as a democratic agent to support the needs of the working class
C) to regulate commercial relationships between groups
D) to protect the property and interests of the bourgeois class

Question 38

Which of the following was an important consequence that followed the consolidation of power by lords in England?

A) They returned to a system of kin-based dispute settlement processes used in hunter-gatherer societies.
B) They developed a body of law to deal with disputes.
C) Dispute settlement practices used in small-scale societies were reinforced.
D) They held elections among the serfs as a means to develop the political structures necessary to enact new laws.

Question 39

Which of the following was a key factor in the shift from using mutually agreeable dispute resolution processes to a power pyramid consisting of a small group of elite decision makers?

A) a decrease in resources to be used in bargaining
B) a lack of interest in reaching harmonious resolutions
C) an increase in women in small communities
D) the emergence of economic surpluses

Question 40

Under Anglo-Saxon law,who could be paid a fee as compensation for the rape of a woman?

A) the victim
B) the victim's mother
C) the victim's husband or father
D) the victim's father or brothers

Question 41

In order to understand social order,criminal law should be seen in an historical and social context that considers the full spectrum of dispute settlement practices

Question 42

Which of the following statements exemplifies the argument that laws alone cannot always control behaviour?

A) Advisors could not always force compliance with recommendations they made to resolve a dispute.
B) Feudal lords developed a body of law to deal with disputes after they consolidated power in England.
C) Norman kings saw themselves as the injured party when a crime was committed.
D) Transnational corporations are often successful in pressuring governments to be exempt from certain laws and regulations.

Question 43

The rule of law has become a primary force in controlling behaviour in modern societies

Question 44

In small-scale societies,disputes were exclusively settled by the political authority in that society.

Question 45

In hunting and gathering societies,influence was based on access to material resources.

Question 46

Peasants and workers were the driving influences behind how early Parliament was formed.

Question 47

Which of the following violates a principle of restorative justice?

A) helping communities reintegrate victims and offenders
B) restoring social relationships
C) having judicial figures make key decisions
D) reconciling offenders with those they have harmed

Question 48

In small-scale societies individualism was critical to the survival of members.

Question 49

When a nation-state is ineffective in ensuring peace,security,good government,and protection from harm to large portions of humanity,which of the following is most negatively affected?

A) common law
B) rule of law
C) sovereignty
D) stratification

Question 50

Within the context of the overall theme ofChapter 2,what is the significance of the restorative justice dispute settlement processes?

A) It epitomizes how the state now controls the settlement of disputes between individuals.
B) It represents a dispute settlement mechanism that was commonly used in pre-modern societies.
C) It has been shown to be ineffectual in modern complex societies in resolving disputes between individuals.
D) It is the culmination of the tough criminal laws imposed by the state and enforced by the criminal justice system.

Question 51

Social context is fundamentally important in understanding the existence and operation of different dispute settlement systems.

Question 52

According to Reasons (1981),the Ford Pinto design problem was an example of which of the following?

A) crimes without victims
B) victims without crimes
C) crimes with victims
D) neither crimes nor victims

Question 53

In small-scale societies the adversarial system of justice thrived until industrialization was introduced.

Question 54

For most of human history,people have used laws to resolve disputes.

Question 55

While harm to individuals in the workplace is often classified as accidental,some believe assault charges should be laid.Why is this not the general practice?

A) it is too difficult to prove who committed the crime in the case of large corporations
B) there is no mechanism in the Criminal Code to charge corporate leaders with offences
C) the state must balance harm done to individuals with the need to keep corporations running in order to employ many
D) harm to workers and the public is very rarely caused by the practices of large corporations

Question 56

There are no real differences between small-scale societies and complex industrial societies as far as dispute settlement is concerned.

Question 57

The textbook discusses how the interests of corporations have been given a higher priority than those of all other members of society.Which of the following are implications of this?

A) mandatory minimum sentences for executives of corporations that break the law
B) increased harm to workers,consumers,and the environment
C) increased regulations to prevent street and environmental crimes
D) the inability of corporations to maintain their competitive positions in the global marketplace

Question 58

In criminal law,the state declares itself the injured party based on the type of offence.

Question 59

Which of the following is a key characteristic of restorative justice?

A) It provides a forum for corporations to voice their needs.
B) Offenders have a more significant role in the process.
C) Retribution is the ideal outcome.
D) The state provides clearer sentencing guidelines.

Question 60

Women played a significant role in resolving disputes that arose in small-scale societies.

Question 61

There are no real similarities between restorative dispute settlement processes today and those in existence in small-scale societies of the past.

Question 62

Canada is one of the few nations that does not recognize sexual assault by a spouse to be a crime.

Question 63

Advocates of restorative justice seek to return the focus of the justice system to repairing the harm that has been done to the victim and the community.

Question 64

The ability of a state to maintain authority is only as good as its legitimacy in the eyes of citizens.

Question 65

The power of the state is so unchallenged that laws are rarely shaped by special interests in society.

Question 66

Transnational corporations remain some of the easiest interest groups to control and regulate through laws.

Question 67

The restorative justice approach helps empower the victims of crime in any community by increasing their participation in the dispute resolution process.

Question 68

The restorative justice approach in Canada is currently limited to Aboriginal communities.