Question 1

Court decisions that provide guidance in interpreting the law are called:

Accepted Answer

Precedents are court decisions that provide guidance in interpreting the law for future cases. They establish a rule or principle that must be followed in similar cases. Procedural guidelines, benchmarks, and baselines do not have the same legal significance as precedents.

Question 2

Statutes enacted by legislative bodies at any level of government make up a source of law, which is generally referred to as:

Accepted Answer

Statutory law refers to laws that are passed by legislative bodies such as Congress or state legislatures. These laws are written down and codified, and apply to all individuals and entities subject to the jurisdiction of the governing body that enacted the law. Examples of statutory law include traffic laws, criminal codes, and tax laws.

Question 3

Crimes punishable by death or imprisonment in a federal or state penitentiary for 1 year or longer are called:

Accepted Answer

Felonies are serious crimes that are punishable by death, or imprisonment in a federal or state penitentiary for 1 year or longer. Gross misdemeanors are less serious than felonies, but more serious than misdemeanors, and are typically punishable by imprisonment for up to 364 days. Misdemeanors are less serious crimes that are generally punishable by fines, community service, or imprisonment for up to 364 days. Petty misdemeanors are the least serious offenses and are typically punishable by fines or short-term imprisonment.

Question 4

Misdemeanors are punishable by a fine or by confinement up to:

Accepted Answer

Misdemeanors are less serious crimes and therefore the punishment is generally a fine or a short imprisonment period. The maximum confinement period for a misdemeanor is usually one year. Therefore, the correct choice is A.

Question 5

What is the burden of proof necessary to win a civil trial?

Accepted Answer

In a civil trial, the burden of proof necessary to win is a preponderance of evidence, which means the evidence presented must show that it is more likely than not that the allegations being made are true. This is a lower burden of proof than the "beyond a reasonable doubt" standard used in criminal trials.

Question 6

The remedy for a violation of civil law is:

Accepted Answer

The remedy for a violation of civil law is usually monetary damages awarded to the plaintiff. Civil law deals with disputes between individuals and organizations, and the goal is to compensate the victim for any harm or injury caused. Probation, fines to the state or county, and incarceration are remedies for violations of criminal law, which is enforced by the state or federal government.

Question 7

The ____________________ is the supreme law of the land, and as such is the basis of all law in the United States.

Accepted Answer

The U.S. Constitution is the supreme law of the land and serves as the foundation for all law in the United States. The Declaration of Independence is a historical document that declared the colonies’ separation from Great Britain. The U.S. Penal Code is a codification of federal criminal law, but not the supreme law of the land. Case law of the United States Supreme Court is important in interpreting the Constitution and other laws, but it is not the supreme law of the land itself.

Question 8

____ are offenses punishable by 30 days to a year in jail.

Accepted Answer

Gross misdemeanors are offenses punishable by 30 days to a year in jail. Third degree felonies have a minimum sentence of one year, violations have no jail time as a penalty, and petty misdemeanors carry a maximum sentence of 90 days in jail.

Question 9

A homicide that results from the offender's carelessness, but occurs when the offender lacks intent is classified as:

Accepted Answer

Involuntary manslaughter is the best choice as it involves a homicide that occurred without the intent to kill, but rather resulted from the offender's carelessness or recklessness. This differs from voluntary manslaughter, which involves a homicide that was committed in the heat of passion or without premeditation, and from both first and second degree murder, which require the intent to kill.

Question 10

In a civil case, the injured party is called the ____.

Accepted Answer

In a civil case, the injured party (or the party alleging harm) files a lawsuit against the responsible party. The injured party is called the plaintiff and the responsible party is called the defendant. The prosecutor and the state are involved in criminal cases.

Question 11

Which category of murder occurs when the victim provoked the offender to act violently?

Accepted Answer

Voluntary manslaughter is a category of murder that occurs when the victim provoked the offender to act violently. In this case, the offender did not premeditate the murder but acted in the heat of the moment in response to the victim's provocation. First-degree murder involves premeditated intent, second-degree murder involves intent but without premeditation, and involuntary manslaughter involves unintentional killing resulting from reckless behavior or criminal negligence.

Question 12

Law may be broken down according to various classifications.Which of the following is not one of these classifications?

Accepted Answer

The classification of tort crimes and civil crimes is not commonly used when categorizing law. Instead, civil law and criminal law, felonies and misdemeanors, and mala in se and mala prohibita are more commonly used classifications.

Question 13

The term "judge-made" law is synonymous with:

Accepted Answer

Judge-made law refers to the law that has been developed and established through court decisions or case law, rather than through government statutes or administrative regulations. Therefore, the correct answer is B.

Question 14

What degree of felony carries the maximum penalty of death?

Accepted Answer

Capital offense refers to a crime that is punishable by death, such as murder or treason. Therefore, option A is the correct answer.

Question 15

In a criminal case, the burden of proof is:

Accepted Answer

Beyond a reasonable doubt is the highest burden of proof in a criminal case. It requires the prosecution to prove their case to a level where there is no reasonable doubt in the minds of the jury or judge about the guilt of the defendant. This ensures that innocent people are not wrongfully convicted.

Question 16

On a state and local level, ______________ can write criminal statutes through a form of direct democracy known as the ballot initiative.

Accepted Answer

Voters can write criminal statutes through a form of direct democracy known as the ballot initiative, which allows citizens to propose and vote on new laws. This process is only available in certain states and localities. Law enforcement, legislators, and judges may have indirect influence on criminal statutes through their roles in the legislative and judicial systems, but they do not have the same direct power as voters through the ballot initiative.

Question 17

The social function of the law includes the concepts of:

Accepted Answer

The answer of The social function of the law includes...

Question 18

As a circumstance of murder, ____ means that the offender considered the crime beforehand.

Accepted Answer

Premeditation refers to the act of planning and considering the murder beforehand, which is a required element for first-degree murder charges. Deliberation and malice aforethought are also important factors in proving premeditation, but they do not encompass the full definition of premeditation. Spontaneity, on the other hand, indicates that the act was impulsive and not planned beforehand, which would not fulfill the requirement for premeditation.

Question 19

The rules, orders, and decisions of regulatory agencies make up:

Accepted Answer

The rules, orders, and decisions of regulatory agencies are considered administrative law. Administrative law is a branch of public law that deals with the structure and workings of government agencies. These agencies are created by the legislative and executive branches of government to regulate specific activities or sectors of the economy. The rules and decisions of regulatory agencies have the force of law and are subject to review by the courts.

Question 20

The primary legal function of the law is to:

Accepted Answer

The primary legal function of the law is to maintain social order by protecting citizens from criminal harm. While the law may also teach societal boundaries, reflect society's changing morality, and express public morality, these are secondary functions. The primary purpose of the law is to ensure the safety and well-being of citizens.

Quiz 3: Inside Criminal Law