Question 1

Written on an ancient stone tablet, this collection of over 250 laws covered a wide range of issues.

Accepted Answer

The Code of Hammurabi is an ancient Babylonian code of law that dates back to about 1754 BC. It is one of the oldest deciphered writings of significant length in the world. The code consists of 282 laws, covering a wide range of issues including theft, agriculture, and family law.

Question 2

Laws must be .

Accepted Answer

Laws must be published in the criminal code so that they are accessible to the public, enacted by the legislature as it is the body with the authority to create laws, and enforced in a fair and evenhanded manner by the authorities to ensure justice and maintain public trust.

Question 3

A major English document that contributed to U.S. law is the .

Accepted Answer

The Magna Carta, signed in 1215, is a foundational document that influenced the development of common law and constitutional principles in the United States, including the idea of limiting the power of the ruler and protecting certain rights of the people.

Question 4

This is sometimes called case law, judiciary law, or unwritten law.

Accepted Answer

Common law is developed through decisions of courts and similar tribunals, which is why it is also referred to as case law or judiciary law. It is distinguished from statutory law, which is enacted by legislative bodies, and constitutional law, which is based on a formal written constitution. Tort law is a part of common law but is specifically concerned with compensating victims of civil wrongs, not defining the system of law itself.

Question 5

The type of law that is enacted by legislatures is called .

Accepted Answer

Statutory law is the term used for laws that are enacted by legislatures, distinguishing them from laws that emerge from court decisions (common law) or other sources.

Question 6

In which case did the Supreme Court decide that the value of expert testimony that provides evidence of a pertinent issue does not depend on whether the witness personally knows a defendant or a defendant's particular characteristics?

Accepted Answer

The Supreme Court case People v. Aphaylath addressed the value of expert testimony, ruling that its relevance does not depend on the expert's personal knowledge of the defendant or their characteristics.

Question 7

Common law is based on .

Accepted Answer

Common law is based on precedent, meaning it relies on previous judicial decisions to resolve current cases.

Question 8

Which issue guides precedent?

Accepted Answer

Precedent guides legal decisions by ensuring predictability, efficiency, and reliability in the law, allowing similar cases to be treated in consistent ways.

Question 9

The legal principle in which courts are bound by the decisions of previous courts is called .

Accepted Answer

Stare decisis is the legal principle that requires courts to follow the rulings of previous court decisions in similar cases.

Question 10

The first 10 amendments to the Constitution are called the .

Accepted Answer

The first 10 amendments to the Constitution are known as the Bill of Rights, which were ratified in 1791 and guarantee essential rights and liberties to the citizens.

Question 11

A writ of is issued to bring a party before the court.

Accepted Answer

Habeas corpus is the legal writ issued to bring a party who has been criminally detained before the court to determine if the person's imprisonment or detention is lawful.

Question 12

Statutes are published in .

Accepted Answer

Statutes, which are laws passed by a legislative body, are published in penal codes or codes of law, not in the common law, the Constitution, or the Bill of Rights. The common law is a body of unwritten laws based on legal precedents established by the courts. The Constitution is the supreme law of the land in the United States, outlining the framework for the federal government and its relationship with the states and citizens. The Bill of Rights consists of the first ten amendments to the U.S. Constitution, guaranteeing specific rights and freedoms to American citizens.

Question 13

This is a law enacted by a legislature.

Accepted Answer

Statutes are laws enacted by a legislature, distinguishing them from regulations or rules made by executive agencies and bills which are proposals for new laws.

Question 14

According to the Amendment, "No person shall be held to answer for a capital, or otherwise, infamous crime, unless on a presentment or indictment of a grand jury."

Accepted Answer

This statement is from the Fifth Amendment of the United States Constitution, which outlines the rights of individuals in criminal proceedings, including the requirement for a grand jury indictment for capital or infamous crimes.

Question 15

Which is one of the three criteria used to determine what behaviors are made criminal?

Accepted Answer

All of the criteria listed are considered when determining what behaviors are made criminal. The effects of the law, the existence of other means to protect society from undesirable behavior, and the enforceability of the law all play a role in the decision-making process.

Question 16

What is the important difference between the criminal law and civil law?

Accepted Answer

The primary difference between criminal law and civil law is the identity of the aggrieved party. In criminal law, the case is brought by the state or government against an individual or entity, as it is considered an offense against society as a whole. In civil law, the case is typically between private parties or between a private party and the government, focusing on disputes where compensation may be awarded to the victim.

Question 17

This type of law covers personal wrongs and damage and includes libel, slander, assault, trespass, and negligence.

Accepted Answer

Tort law deals with civil wrongs and damages, including libel, slander, assault, trespass, and negligence.

Question 18

This legal principle states that a person cannot be tried twice for the same offense.

Accepted Answer

Double jeopardy is a legal principle that prohibits an individual from being tried again on the same, or similar, charges following a legitimate acquittal or conviction.

Question 19

law sets forth what behaviors are defined as crime.

Accepted Answer

Substantive law defines the rights and duties of people and what is considered a crime, whereas procedural law outlines the steps or processes for enforcing those rights and duties.

Question 20

law prescribes the methods for the enforcement and use of the law.

Accepted Answer

Procedural law outlines the process and methods through which the law is enforced, including the steps in a lawsuit or criminal prosecution. It contrasts with substantive law, which defines the rights and duties of everyday conduct.

Quiz 4: Criminal Law