Question 1

The practice of transforming unwritten local customs into written codes of behavior for the entire country established the English tradition of

Accepted Answer

The practice of transforming unwritten local customs into written codes of behavior for the entire country is the basis of the English legal system's common law tradition. This involves the use of precedent, or decisions made in previous similar cases, as a guide for future judgments. Administrative law relates to the regulation and supervision of government agencies, while "mala in se" refers to inherently wrong actions that are universally recognized as such.

Question 2

The term used to illustrate that the law applies to everyone, even to government bodies, is called

Accepted Answer

The rule of law is a fundamental concept that no one, including the government or elected officials, is above the law. It ensures that laws are applied equally to all individuals and institutions, and that no one is immune from prosecution or punishment for breaking the law.

Question 3

Case law comes from decisions made by judges.

Accepted Answer

Case law, also known as common law, is a body of law that is derived from judicial decisions, rather than from statutes or regulations. These decisions can be made by judges at the federal or state level, and they set legal precedents that guide the interpretation of future cases.

Question 4

____________ describes the processes and actions that must be followed when carrying out the law.

Accepted Answer

Procedural law describes the specific procedures and actions that must be followed when carrying out the law. It outlines how legal proceedings should be conducted, including rules for gathering evidence, conducting trials, and enforcing judgments. The Fourth Amendment protects against unreasonable searches and seizures, administrative law involves regulations and rules created by government agencies, and habeas corpus is a legal action that allows a person to challenge their imprisonment.

Question 5

The ____________ states that the government cannot punish individuals for wrongdoing unless a law exists to define the conduct as a crime and to prescribe a punishment for it.

Accepted Answer

The principle of legality, also known as the rule of law, requires that laws exist before punishment can be imposed. This principle is a cornerstone of many legal systems around the world, including the United States. Habeas corpus is a separate legal concept, relating to a person's right to challenge their detention or imprisonment. Administrative law concerns the regulations and rules created by administrative agencies, while common law refers to the body of law created through judicial decisions rather than legislative action.

Question 6

Mens rea is always required for someone to be punished for engaging in criminal behavior.

Accepted Answer

Mens rea, or the mental state of intent, is not always required for criminal liability. Some offenses, known as strict liability crimes, do not require proof of mens rea.

Question 7

A ____________ is when individuals are required by law to act, but fail to do so.

Accepted Answer

An act of omission is a failure to act even though there is a legal obligation to do so. It is different from a criminal act or a civil tort, which involve specific actions that are prohibited by law or cause harm to others. A victimless crime, on the other hand, is a criminal offense that does not have a direct victim, such as drug use or gambling.

Question 8

When intent need not be present in order for an individual to be held liable for a crime, it is called

Accepted Answer

Strict liability holds an individual responsible for committing a crime regardless of their intent or knowledge of the crime. This often applies to actions that are inherently dangerous, such as selling contaminated food or driving without a license. Mens rea refers to the mental state or intent required for a crime, omission refers to a failure to act when required by law, and corpus delicti refers to the body of evidence that proves a crime has been committed.

Question 9

Which type of causation is called the "but for" causation?

Accepted Answer

"But for" causation is also known as "actual cause" or "cause-in-fact." This type of causation refers to the idea that if the defendant's actions had not occurred, then the plaintiff's injury would not have occurred. It is a necessary but not sufficient condition for establishing liability.

Question 10

Crimes that are committed within the realm of one's work or employment are considered

Accepted Answer

Crimes committed within the realm of one's work or employment are typically considered white-collar crimes. White-collar crimes are typically nonviolent offenses committed by individuals in positions of power or trust, often for financial gain, and include crimes such as embezzlement, fraud, insider trading, and bribery. Corporate crime and employee theft are subsets of white-collar crime, but not all white-collar crimes are committed by corporations or employees specifically. Public order offenses, on the other hand, are typically considered more minor offenses such as disorderly conduct or public intoxication.

Question 11

The justification of self-defense requires all but which of the following?

Accepted Answer

The justification of self-defense does not always require a prior attack. In some cases, the threat of imminent harm may be enough to justify the use of force in self-defense. However, the other three options are necessary components of the justification for self-defense.

Question 12

The first legal definition of insanity was known as the M'Naghten Rule.

Accepted Answer

The M'Naghten Rule is the first legal definition of insanity, established by the British court in 1843.

Question 13

Intoxication is never a defense to criminal liability.

Accepted Answer

While intoxication is not always a defense to criminal liability, there are some circumstances where it may be a partial defense, such as in cases of involuntary intoxication or if the level of intoxication prevented the defendant from forming the necessary intent for a particular crime. However, voluntary intoxication is generally not a defense.

Question 14

Recent proposals to combat computer-related crime have been to extend the __________ statutes.

Accepted Answer

The Racketeering Influenced and Corrupt Organization (RICO) statutes have been proposed to combat computer-related crimes. RICO allows for the prosecution of individuals who are part of an organized criminal enterprise, including those involved in cybercrime.

Question 15

The________ provision prohibits retroactive laws.

Accepted Answer

The ex post facto provision of the US Constitution (Article 1, Section 9) prohibits the enactment of retroactive laws. This means that the government cannot criminalize an action that was legal when it occurred, or increase the punishment for a crime after it has been committed. This is considered essential to protect citizens from arbitrary and tyrannical actions by the government.

Question 16

The right to habeas corpus allows an individual to challenge illegal confinement by the government.

Accepted Answer

The right to habeas corpus is a fundamental right that allows individuals to challenge the legality of their detention or imprisonment. It provides a means for individuals to seek relief from unlawful confinement by the government.

Question 17

Searches and seizures that violate Fourth Amendment provisions are subject to the

Accepted Answer

The exclusionary rule is a legal principle that states that evidence obtained illegally, such as through an unlawful search or seizure, cannot be used in court against the accused. This is a key protection under the Fourth Amendment, which guards against unreasonable searches and seizures by law enforcement. If evidence is found to have been obtained in violation of the Fourth Amendment, it is typically excluded from the trial as a remedy for the violation.

Question 18

Which of the following is NOT covered in the Fifth Amendment?

Accepted Answer

The Fifth Amendment does not explicitly mention a right to privacy. This concept has been inferred through Supreme Court interpretations of the Fourth and Fourteenth Amendments.

Question 19

A grand jury consists of a number of ordinary citizens who review the charges against an individual and decide if the charges warrant a trial.

Accepted Answer

This is an accurate description of the role of a grand jury.

Question 20

The rights to speedy, public, and impartial trials and trials by jury are covered in the

Accepted Answer

The rights to speedy, public, and impartial trials and trials by jury are covered in the Sixth Amendment. The Fourth Amendment covers protection against unreasonable searches and seizures, the Fifth Amendment covers protection against self-incrimination and double jeopardy, and the Eighth Amendment covers protection against excessive bail and cruel and unusual punishment.

Quiz 2: Issues of Law