Question 1

This type of law declares what acts are crimes and prescribes the punishment for committing them.
A) substantive criminal law
B) procedural criminal law
C) sentencing criminal law
D) prosecutorial criminal law

Accepted Answer

Substantive criminal law defines what acts are considered crimes and sets the punishment for those acts. It is different from procedural criminal law, which governs the process and procedure for handling criminal cases, sentencing criminal law, which determines the punishment for specific crimes, and prosecutorial criminal law, which focuses on the role of prosecutors in the criminal justice system.

Question 2

Paternalistic laws protect us against ______.
A) our family
B) our parents
C) paternity
D) ourselves

Accepted Answer

Paternalistic laws aim to protect individuals from harm or decisions that may be detrimental to their well-being, even if the individual may want to make the decision themselves. These laws are meant to protect individuals from themselves, rather than from their family or parents.

Question 3

The primary police power lies with the _____.
A) federal government
B) state
C) local agencies
D) local municipalities

Accepted Answer

The primary police power lies with the state government. While local agencies and municipalities also have certain police powers, they are typically granted by the state and are more limited in scope. The federal government's police power is limited to specific areas such as interstate commerce and national security.

Question 4

These are laws that punish behavior after the fact.
A) aftermath laws
B) ex post facto laws
C) proactive laws
D) reactive laws

Accepted Answer

Ex post facto laws are laws that punish behavior after the fact. They are also known as retroactive laws. These laws are generally considered unfair since they punish individuals for behavior that was legal at the time it was committed.

Question 5

These crimes are considered wrong in any society and include the common law crimes of murder, rape, arson, burglary, and larceny.
A) misdemeanors
B) felonies
C) mala prohibita
D) mala in se

Accepted Answer

These crimes are considered mala in se, which means they are inherently wrong and immoral in any society. Mala prohibita crimes, on the other hand, are only wrong because they are prohibited by law. Misdemeanors and felonies are classifications of crimes based on their severity, but do not necessarily indicate whether they are mala in se or mala prohibita.

Question 6

These crimes are not naturally evil but are prohibited by statute because they infringe upon the rights of others.
A) misdemeanors
B) felonies
C) mala prohibita
D) mala in se

Accepted Answer

Mala prohibita crimes are acts that are illegal solely because they are prohibited by law and do not necessarily have inherent moral wrongness. These crimes include offenses such as speeding tickets or not paying taxes.

Question 7

The following types of speech can be prohibited without violating the First Amendment except…
A) Fighting words
B) Obscenity
C) Burning the American flag
D) Commercial speech (advertisements)

Accepted Answer

Burning the American flag is protected under the First Amendment as a form of symbolic speech, according to the Supreme Court's ruling in Texas v. Johnson. The other types of speech listed (fighting words, obscenity, and commercial speech) can be prohibited under certain circumstances without violating the First Amendment.

Question 8

Which doctrine requires that a criminal statute define the criminal offense with sufficient definiteness that ordinary people understand what conduct is prohibited?
A) void for vagueness
B) ex post facto
C) exclusionary rule
D) equal protection

Accepted Answer

The doctrine that requires a criminal statute to define the criminal offense with sufficient definiteness that ordinary people understand what conduct is prohibited is the void for vagueness doctrine. This ensures that individuals are not punished for conduct that they could not have reasonably known was prohibited, and is a requirement of due process under the Constitution.

Question 9

What type of law is used by a private citizen in order to seek compensation for a wrong caused by another person?
A) criminal law
B) tort law
C) bankruptcy law
D) immigration law

Accepted Answer

Tort law is used by a private citizen to seek compensation for a wrong caused by another person. Criminal law deals with crimes committed against the state, bankruptcy law deals with financial problems, and immigration law deals with issues related to migration and citizenship.

Question 10

The federal government's power to regulate interstate and foreign commerce comes from the:
A) English common law
B) equal protection clause
C) commerce clause
D) due process clause

Accepted Answer

The commerce clause is a provision in the U.S. Constitution that grants the federal government the power to regulate interstate and foreign commerce. This provision has been interpreted broadly by the courts, giving the federal government vast power to regulate many aspects of economic activity.

Question 11

In 1989, the U.S. Supreme Court ruled that Texas could not make a criminal law punishing the following activity:
A) publishing child pornography
B) uttering "fighting words"
C) promoting commercial speech
D) flag burning

Accepted Answer

In the case Texas v. Johnson (1989), the U.S. Supreme Court ruled that flag burning is a form of symbolic speech protected by the First Amendment, and therefore Texas could not make it a criminal offense.

Question 12

Which right is recognized by the U.S. Supreme Court even though it is not specifically mentioned in the Constitution?
A) the right of free press
B) the right to bear arms
C) the right of privacy
D) the right of free speech

Accepted Answer

The U.S. Supreme Court recognized the right of privacy in the landmark case of Roe v. Wade (1973) which legalized abortion. Although the Constitution does not explicitly mention the right of privacy, the Supreme Court has interpreted it to be protected by several amendments, including the First, Fourth, Fifth, and Fourteenth Amendments.

Question 13

In the social contract, individuals give up certain liberties in return for being protected by society.

Accepted Answer

The concept of the social contract typically involves individuals agreeing to give up some of their freedoms in exchange for the protection and benefits provided by society, such as laws and infrastructure.

Question 14

The Model Penal Code is the law in all states.

Accepted Answer

The Model Penal Code is not the law in all states. It is a model code created by the American Law Institute that provides guidelines for criminal laws and procedures, but adoption of its provisions is up to each individual state.

Question 15

The federal government has no inherent police power.

Accepted Answer

The federal government's powers are enumerated and limited by the Constitution, and the power to exercise police power is reserved for the states.

Question 16

The Common Law has been supplanted by statutory law for the most part.

Accepted Answer

Statutory law has become dominant in most legal systems, though the common law still has some importance in certain areas.

Question 17

Misdemeanors are offenses for which the punishment is death or imprisonment in a state prison.

Accepted Answer

Misdemeanors are less serious crimes than felonies and the punishment is typically a fine, community service, or imprisonment in a local or county jail rather than a state prison.

Quiz 1: Defining Crime

This type of law declares what acts are crimes and prescribes the punishment for committing them.

Paternalistic laws protect us against ______.

The primary police power lies with the _____.

These are laws that punish behavior after the fact.

These crimes are considered wrong in any society and include the common law crimes of murder, rape, arson, burglary, and larceny.

These crimes are not naturally evil but are prohibited by statute because they infringe upon the rights of others.

The following types of speech can be prohibited without violating the First Amendment except…

Which doctrine requires that a criminal statute define the criminal offense with sufficient definiteness that ordinary people understand what conduct is prohibited?

What type of law is used by a private citizen in order to seek compensation for a wrong caused by another person?

The federal government's power to regulate interstate and foreign commerce comes from the:

In 1989, the U.S. Supreme Court ruled that Texas could not make a criminal law punishing the following activity:

Which right is recognized by the U.S. Supreme Court even though it is not specifically mentioned in the Constitution?

In the social contract, individuals give up certain liberties in return for being protected by society.

The Model Penal Code is the law in all states.

The federal government has no inherent police power.

The Common Law has been supplanted by statutory law for the most part.

Misdemeanors are offenses for which the punishment is death or imprisonment in a state prison.