Deck 1: The Evolution of the Law of Criminal Evidence

Question 1

Law that defines the parameters of social behaviors is known as:

A) Common law
B) Procedural law
C) Substantive law
D) Relevant law

Answer 1

Substantive law

Question 2

Laws that defines the process of adjudication are known as:

A) Case law
B) Procedural law
C) Substantive law
D) Civil law

Answer 2

Procedural law

Question 3

Crimes that are defined as behaviors which are inherently wrong or immoral in and of themselves are called:

A) Mala in se
B) Mala et al
C) Mala prohibita
D) Malice in partum

Answer 3

Mala in se

Question 4

Crimes with behaviors which are not naturally immoral, but whose wrongness lays in their legal prohibition are called:

A) Civil law
B) Mala in se
C) Mala et al
D) Mala prohibita

Question 5

This provides a guarantee against unlawful imprisonment:

A) Mala prohibita
B) Mala in se
C) Habeas corpus
D) Bill of Rights

Question 6

Secular legal systems emerged with the advent of the:

A) Romans
B) Greeks
C) Hebrews
D) Chinese

Question 7

Which legal system proved to be the most pervasive and foundational of all of the legal systems identified by Wigmore?

A) Mesopotamian
B) Roman
C) Hindu
D) Egyptian

Question 8

Which legal system, identified by Wigmore, is best known for its development of a complex network of commercial custom and law?

A) Hindu
B) Mesopotamian
C) Hebrew
D) Slavic

Question 9

The emergence of this legal system was secular, based entirely on mythology, and spread throughout Western Europe as the population fled the invading Asiatic tribes was:

A) Roman
B) Germanic
C) Slavic
D) Chinese

Question 10

One of the oldest and most universal systems of law dates back to the ancient Phoenicians:

A) Egyptian
B) Roman
C) Maritime
D) Hebrew

Question 11

Which of the following is known as the oldest legal code in the world?

A) Canon Law
B) Roman Common Law
C) The Torah
D) Code of Hammurabi

Question 12

What type of law refers to the system of law established in England and spread too much of the English-speaking world?

A) Civil Law
B) Common Law
C) Procedural Law
D) Case Law

Question 13

Most criminal offenses are violations of:

A) Federal law
B) State law
C) Municipal law
D) County law

Question 14

Which Amendment is commonly referred to as the Freedom of Speech and Religion Amendment?

A) First
B) Second
C) Fourth
D) Fifth

Question 15

Which Amendment specifically precludes searches and seizures without probable cause?

A) First
B) Fourth
C) Fifth
D) Sixth

Question 16

Which Amendment grants individuals the right of a speedy and public trial, the right to an impartial jury of one's peers, the right to be informed of the charges against one, the right to confront witnesses, the right to subpoena, and the right to counsel?

A) First
B) Fourth
C) Fifth
D) Sixth

Question 17

The vast majority of evidence law has been founded upon _______________ principles.

A) Civil law
B) Common law
C) Procedural law
D) Substantive law

Question 18

The introduction of the ___________ signaled the end to the common law of evidence.

A) Black's Rules of Evidence
B) Uniform Rules of Evidence
C) Statutory Rules of Evidence
D) The Supreme Court Rules of Evidence

Question 19

Evidence may be defined as the demonstration of truth or untruth regarding allegations made within a court of law.

Question 20

The introduction of evidence within the United States is haphazard manner at best.

Question 21

Traditionally, legal systems, including the Egyptian, Mesopotamian, Hebrew, and Hindu were based on political beliefs.

Question 22

The Twelve Tables were introduced as a means of satisfying both the patrician and plebian classes.

Question 23

The Ten Commandments is primarily procedurally based.

Question 24

The doctrine of precedent, stare decisis is Latin for to stand by that which is decided.

Question 25

Precedents established in one state are not binding in other states, including bordering states.

Question 26

Common law systems originated in France and were transferred to various parts of the globe by conquest and custom.

Question 27

Since inception, the American legal system has consisted of a system in which a strong central government provides a national infrastructure simultaneous to state governance of a judicial entity.

Question 28

Criminal laws on the federal level may be enacted by Congress only in the protection of Congress and its interests; the regulation of interstate and foreign commerce; the protection of civil rights, and the sovereignty of areas not otherwise claimed or accounted for.

Question 29

The Magna Carta provided that there would be a criminal trial based on an unsubstantiated accusation.

Question 30

The U.S. Constitution represents the oldest, codified national constitution in the contemporary world.

Question 31

The Sixth Amendment protects American citizens from imposition of excessive bail or fines and any punishment regarded as cruel and unusual.

Question 32

The Uniform Rules of Evidence were created by the National Conference on Commissioners on Uniform State Law due to the arbitrary and capricious nature of bordering states.

Question 33

Material evidence may be defined as any material evidence having probative value regarding something at issue, with probity defined as that evidence which has an impact on the jury.

Question 34

__________________ law defines the parameters of social behavior.

Question 35

___________________ may be defined as the demonstration of truth or untruth regarding allegations made within a court of law.

Question 36

______________ in se crimes are defined as behaviors, which are inherently wrong or immoral in and of themselves- irrespective of the prevailing law.

Question 37

The Code of ___________ is the oldest known legal code in the entire world.

Question 38

Under the English common law system decisions made by judges created ___________.

Question 39

In 1974, the ______________ Rules of Evidence were created by the National Conference on Commissioners on Uniform State Law.

Question 40

____________ law systems originated in England and were transferred to various parts of the globe by conquest and custom.

Question 41

The first _________ Amendments of the Constitution are known as the Bill of Rights.

Question 42

_____________ evidence may be defined as any material evidence having probative value regarding something at issue, with probity defined as that evidence which has an impact on the jury.

Question 43

___________ evidence is that evidence which is logically connected to a fact at issue.

Question 44

Match up the Amendment to the basic American right :

-First Amendment

A) The right to a grand jury.
B) The freedom from cruel and unusual punishment.
C) The right to a speedy trial.
D) The enumeration of certain rights shall not be construed to deny or disparage others retained by people.
E) Prohibits the expansion of power by the federal government unless so authorized by the Constitution.
F) The right to free speech.
G) The right to a trial by jury in any civil trial is only applicable to federal courts.
H) Provides for the private ownership of weapons.
I) Freedom from unreasonable search and seizure
J) Protects the rights of homeowners from governmental abuse of their property.

Question 45

Match up the Amendment to the basic American right :

-Second Amendment

A) The right to a grand jury.
B) The freedom from cruel and unusual punishment.
C) The right to a speedy trial.
D) The enumeration of certain rights shall not be construed to deny or disparage others retained by people.
E) Prohibits the expansion of power by the federal government unless so authorized by the Constitution.
F) The right to free speech.
G) The right to a trial by jury in any civil trial is only applicable to federal courts.
H) Provides for the private ownership of weapons.
I) Freedom from unreasonable search and seizure
J) Protects the rights of homeowners from governmental abuse of their property.

Question 46

Match up the Amendment to the basic American right :

-Third Amendment

A) The right to a grand jury.
B) The freedom from cruel and unusual punishment.
C) The right to a speedy trial.
D) The enumeration of certain rights shall not be construed to deny or disparage others retained by people.
E) Prohibits the expansion of power by the federal government unless so authorized by the Constitution.
F) The right to free speech.
G) The right to a trial by jury in any civil trial is only applicable to federal courts.
H) Provides for the private ownership of weapons.
I) Freedom from unreasonable search and seizure
J) Protects the rights of homeowners from governmental abuse of their property.

Question 47

Match up the Amendment to the basic American right :

-Fourth Amendment

A) The right to a grand jury.
B) The freedom from cruel and unusual punishment.
C) The right to a speedy trial.
D) The enumeration of certain rights shall not be construed to deny or disparage others retained by people.
E) Prohibits the expansion of power by the federal government unless so authorized by the Constitution.
F) The right to free speech.
G) The right to a trial by jury in any civil trial is only applicable to federal courts.
H) Provides for the private ownership of weapons.
I) Freedom from unreasonable search and seizure
J) Protects the rights of homeowners from governmental abuse of their property.

Question 48

Match up the Amendment to the basic American right :

-Fifth Amendment

A) The right to a grand jury.
B) The freedom from cruel and unusual punishment.
C) The right to a speedy trial.
D) The enumeration of certain rights shall not be construed to deny or disparage others retained by people.
E) Prohibits the expansion of power by the federal government unless so authorized by the Constitution.
F) The right to free speech.
G) The right to a trial by jury in any civil trial is only applicable to federal courts.
H) Provides for the private ownership of weapons.
I) Freedom from unreasonable search and seizure
J) Protects the rights of homeowners from governmental abuse of their property.

Question 49

Match up the Amendment to the basic American right :

-Sixth Amendment

A) The right to a grand jury.
B) The freedom from cruel and unusual punishment.
C) The right to a speedy trial.
D) The enumeration of certain rights shall not be construed to deny or disparage others retained by people.
E) Prohibits the expansion of power by the federal government unless so authorized by the Constitution.
F) The right to free speech.
G) The right to a trial by jury in any civil trial is only applicable to federal courts.
H) Provides for the private ownership of weapons.
I) Freedom from unreasonable search and seizure
J) Protects the rights of homeowners from governmental abuse of their property.

Question 50

Match up the Amendment to the basic American right :

-Seventh Amendment

A) The right to a grand jury.
B) The freedom from cruel and unusual punishment.
C) The right to a speedy trial.
D) The enumeration of certain rights shall not be construed to deny or disparage others retained by people.
E) Prohibits the expansion of power by the federal government unless so authorized by the Constitution.
F) The right to free speech.
G) The right to a trial by jury in any civil trial is only applicable to federal courts.
H) Provides for the private ownership of weapons.
I) Freedom from unreasonable search and seizure
J) Protects the rights of homeowners from governmental abuse of their property.

Question 51

Match up the Amendment to the basic American right :

-Eighth Amendment

A) The right to a grand jury.
B) The freedom from cruel and unusual punishment.
C) The right to a speedy trial.
D) The enumeration of certain rights shall not be construed to deny or disparage others retained by people.
E) Prohibits the expansion of power by the federal government unless so authorized by the Constitution.
F) The right to free speech.
G) The right to a trial by jury in any civil trial is only applicable to federal courts.
H) Provides for the private ownership of weapons.
I) Freedom from unreasonable search and seizure
J) Protects the rights of homeowners from governmental abuse of their property.

Question 52

Match up the Amendment to the basic American right :

-Ninth Amendment

A) The right to a grand jury.
B) The freedom from cruel and unusual punishment.
C) The right to a speedy trial.
D) The enumeration of certain rights shall not be construed to deny or disparage others retained by people.
E) Prohibits the expansion of power by the federal government unless so authorized by the Constitution.
F) The right to free speech.
G) The right to a trial by jury in any civil trial is only applicable to federal courts.
H) Provides for the private ownership of weapons.
I) Freedom from unreasonable search and seizure
J) Protects the rights of homeowners from governmental abuse of their property.

Question 53

Match up the Amendment to the basic American right :

-Tenth Amendment

A) The right to a grand jury.
B) The freedom from cruel and unusual punishment.
C) The right to a speedy trial.
D) The enumeration of certain rights shall not be construed to deny or disparage others retained by people.
E) Prohibits the expansion of power by the federal government unless so authorized by the Constitution.
F) The right to free speech.
G) The right to a trial by jury in any civil trial is only applicable to federal courts.
H) Provides for the private ownership of weapons.
I) Freedom from unreasonable search and seizure
J) Protects the rights of homeowners from governmental abuse of their property.

Question 54

Several different types of law were discussed in this chapter. Discuss common law, civil law, procedural law, and substantive law.

Question 55

Explain the difference in relevant and material evidence. Provide an example of each.

Question 56

The Bill of Rights is very important in maintaining a strong central government while protecting the individual rights of sovereign states. In particular, the Fifth Amendment has several important provisions that act as safeguards of rights for American citizens. Summarize the Fifth Amendment and the important provisions it covers.

Question 57

The Bill of Rights ensures American's basic rights and although instituted over two hundred years ago, these basic rights are still challenged today. Go to findlaw.com (a free search engine of state and federal cases) and summarize a recent case and finding regarding one of our fundamental rights. Be sure to identify which right the case challenged, the key details of the case, and the outcome with the implications of the case.

Question 58

The Federal Rules of Evidence are a code of law binding federal entities to ensure uniformity and consistency in judicial rulings, interpretations, and applications in the federal court system. There are eleven articles listed on page 34 of the textbook and they are further discussed in Appendix C. Pick one Article and write a summary of that Article and the rules that correlate with this Article. Be sure to include why this Article is important to the federal court system and provide one example of how this Article comes into play with the federal court.