Question 1

The view of human nature that sees human beings as basically exploitive and duplicitous creatures underlies what perspective of the law?

Accepted Answer

The conflict perspective in sociology and criminology posits that social and criminal laws are designed by those in power to control less powerful groups. It often views human nature as inherently self-serving, competitive, and prone to conflict and exploitation, which aligns with the description given.

Question 2

Which is the only court that sets precedent for all U.S. federal courts?

Accepted Answer

The U.S. Supreme Court is the highest court in the United States and its decisions set precedent for all other federal courts, as well as state courts in matters of federal law.

Question 3

What is the principle establishing the value and authority of precedent?

Accepted Answer

Stare decisis is the legal principle that obligates courts to follow historical cases when making a ruling on a similar current or future case. It ensures consistency and predictability in the law by adhering to precedents set by previous decisions.

Question 4

Which of the following is not a form of judicial oversight?

Accepted Answer

Judicial oversight typically involves the judiciary's review and supervision of the actions of government branches (like the police or lower courts) or the interpretation and application of laws by the legislature. It does not extend to overseeing the actions of the general population at large, which falls outside the judiciary's direct purview.

Question 5

Who is often referred to as the "father of common law?"

Accepted Answer

Henry II is often referred to as the "father of common law" because of his significant contributions to the development of the legal system in England, including the establishment of royal courts and the jury system.

Question 6

The Latin term lex talionis was clearly stated in the Code of Hammurabi and means "eye for an eye, tooth for a tooth."

Accepted Answer

The term lex talionis, which translates to the law of retaliation, where the punishment resembles the offense committed in kind and degree, is indeed reflected in the Code of Hammurabi with the principle of "eye for an eye, tooth for a tooth."

Question 7

Courts are static bodies where decisions do not change.

Accepted Answer

Courts are dynamic institutions where decisions can evolve over time due to changes in law, societal values, and interpretations of legal principles.

Question 8

The U.S. court system has a simple set of rules and procedures.

Accepted Answer

The U.S. court system is complex, with a multi-tiered structure including federal and state courts, each with its own set of rules and procedures.

Question 9

According to the rule of law, the fundamental values of a nation must be committed to writing.

Accepted Answer

The rule of law requires that the fundamental values of a nation be written down so that they can be known and enforced.

Question 10

Judicial review means that a court has the power to determine the constitutionality of a law.

Accepted Answer

Judicial review is the process by which courts examine the actions of the legislative, executive, and administrative arms of government and determine whether such actions are consistent with the constitution. If a law is found to be unconstitutional, it can be invalidated.

Question 11

Due process applies to anyone threatened by the state with loss of life, liberty, or property.

Accepted Answer

Due process is a constitutional guarantee under the Fifth and Fourteenth Amendments that applies to all persons (not just citizens) within the United States, ensuring fair treatment through the normal judicial system, especially as a citizen's entitlement.

Question 12

The crime control model is most concerned with ensuring the rights of defendants.

Accepted Answer

The crime control model prioritizes the control of criminal behavior and the protection of society over the rights of defendants, emphasizing efficiency and the capacity to apprehend, convict, and dispose of offenders.

Question 13

The assembly line is a metaphor for the due process model.

Accepted Answer

The assembly line is actually a metaphor for the crime control model, emphasizing speed and efficiency in processing criminal cases, whereas the due process model prioritizes individual rights and formal legal procedures.

Question 14

The conflict model sees society as an integrated network of institutions held together by a common set of values.

Accepted Answer

The conflict model views society as composed of different groups and interests competing for power and resources, rather than being held together by a common set of values.

Question 15

The due process and crime control models have zero tolerance for mistakes.

Accepted Answer

The due process model emphasizes individual rights and ensuring fair procedures, which inherently allows for the possibility of mistakes as part of its cautious approach. The crime control model prioritizes efficiency and the swift conclusion of cases, which can also lead to mistakes due to its emphasis on speed and finality over procedural thoroughness.

Question 16

Factual guilt and legal guilt are not the same.

Accepted Answer

Factual guilt refers to whether someone actually committed the crime, while legal guilt is determined by whether there is enough evidence presented in court to prove the charge beyond a reasonable doubt.

Question 17

Turning to the courts to settle disputes is a relatively recent trend in America.

Accepted Answer

Turning to the courts to settle disputes has been a common practice in America since its founding, reflecting the country's long-standing emphasis on the rule of law and the judicial system as a means to resolve conflicts.

Question 18

Court decisions that establish precedent are known as ratio decidendi.

Accepted Answer

Ratio decidendi refers to the legal principle or rationale for the decision in a case, which establishes precedent for future cases.

Question 19

The idea of a false consciousness was developed by Karl Marx and means that the working classes have accepted an ideological worldview that is contrary to their best interests.

Accepted Answer

Karl Marx introduced the concept of false consciousness to describe the phenomenon where the proletariat (working class) unknowingly adopts the ideology and beliefs of the bourgeoisie (capital-owning class), which are against their own best interests, due to the manipulation and control of societal norms and values by the ruling class.

Question 20

Marx and Engels reference the idea of false consciousness to discuss exploitation.

Accepted Answer

Marx and Engels introduced the concept of false consciousness to describe how the proletariat (working class) could be misled to believe in ideologies and values that go against their own interests, thus perpetuating their own exploitation by the bourgeoisie (capitalist class).

Quiz 1: Introduction: Law and the Judicial Function