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Test bank for criminal courts structure process and issues 3rd edition by champion

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Page number: 4-5 Level: Basic Answer: T Objective: Describe the different functions of law, including social control, dispute resolution, and social change.. Answer: T Objective: Underst

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Table of Contents

Chapter 1 Law: The Legal Battlefield

Chapter 2 The Structure of American Courts

Chapter 3 The Prosecution

Chapter 4 The Defense

Chapter 5 Judges

Chapter 6 Juries

Chapter 7 Pretrial Procedures and the Trial Process

Chapter 8 Pretrial Procedures: Plea Bargaining

Chapter 9 Sentencing Goals and Structures

Chapter 10 Judicial Sentencing Options, Sentencing Disparities, and Appeals

Chapter 11 The Juvenile Justice System: Juvenile Rights and Case Processing

Chapter 12 Juvenile Courts: Adjudication and Disposition

Chapter 13 Diversion, Alternative Dispute Resolution, and Specialty Courts

Chapter 14 Courts, Media, and the Litigation Explosion

Chapter 1

TRUE/FALSE Write 'T' if the statement is true and 'F' if the statement is false

1) Law is unrelated to specific points in time in that it is the same during whatever time period we are

Answer: F

Objective: Understand what the law is and the role it plays in various facets of our daily lives

Page number: 3

2) The Dred Scott case had to do with the Fourth Amendment

Answer: F

Objective: Understand what the law is and the role it plays in various facets of our daily lives

Page number: 3

3) The Dred Scott case emphasized states' rights over those of the federal government relative to slavery Answer: T

Objective: Understand what the law is and the role it plays in various facets of our daily lives

Page number: 3 Level: Basic 4) The Dred Scott case determined that citizenship of slaves was a state issue, not a federal one

Answer: T

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Objective: Understand the evolution of disputes and the formal resolution of them

Page number: 3 Level: Basic 5) The law plays a powerful role in shaping and maintaining women's subordination in society Answer: T

Objective: Understand what the law is and the role it plays in various facets of our daily lives

Page number: 3 Level: Basic

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6) The law has not been used in past times to regulate women's reproduction and access to professional

Answer: F

Objective: Understand what the law is and the role it plays in various facets of our daily lives

Page number: 3 Level: Basic

7) Social control is the idea that society can control the minds of its citizens

Answer: F

Objective: Describe the different functions of law, including social control, dispute resolution, and social change

Page number: 4 Level: Basic

8) Dispute resolution is a function of the criminal law

Answer: T

Objective: Describe the different functions of law, including social control, dispute resolution, and social change

Page number: 4 Level: Basic

9) There is a great deal of difference between informal and formal social controls

Answer: T

Objective: Describe the different functions of law, including social control, dispute resolution, and social change

Page number: 4-5 Level: Basic

Answer: T

Objective: Describe the different functions of law, including social control, dispute resolution, and social change

Page number: 4 Level: Basic 11) A disputant is not a party in a dispute resolution action Answer: F

Objective: Describe the different functions of law, including social control, dispute resolution, and social change

Page number: 4 Level: Basic 12) Nonlegal methods of resolving disputes usually result in agreements that are satisfactory to both parties

Answer: T

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Objective: Describe the different functions of law, including social control, dispute resolution, and social change

Page Number: 5

13) Social change is one important function of law

Answer: T

Objective: Describe the different functions of law, including social control, dispute resolution, and social change

Page number: 5 Level: Basic

14) Social change involves no modification of ideas and practices

Answer: F

Objective: Describe the different functions of law, including social control, dispute resolution, and social change

Page number: 6 Level: Basic

15) Social ills and biases are resolved through law

Answer: T

Objective: Describe the different functions of law, including social control, dispute resolution, and social change

Page number: 6 Level: Basic 16) Naming, blaming, and maiming are stages in dispute resolution

Answer: F

Objective: Describe the different functions of law, including social control, dispute resolution, and social change

Page number: 5-6 Level: Basic

Answer: T

Objective: Understand the evolution of disputes and the formal resolution of them

Page number: 6 Level: Basic 18) Injuries or losses cited by parties in a lawsuit are a part of the claiming stage

Answer: T

Objective: Understand the evolution of disputes and the formal resolution of them

Page number: 6 Level: Basic 19) Blaming is the stage where the victim usually realizes they were to blame for the offense

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Answer: F

Objective: Understand the evolution of disputes and the formal resolution of them

Page number: 6 Level: Intermediate

20) Substantive law is essentially the law on the books

Answer: T

Objective: Understand the difference between substantive law and procedural law

Page number: 6 Level: Basic 21) How the law is applied is the province of procedural law

Answer: T

Objective: Understand the difference between substantive law and procedural law

Page number: 6 Level: Basic 22) The preconflict stage is not the same as the grievance stage

Answer: F

Objective: Understand the evolution of disputes and the formal resolution of them

Page number: 6 Level: Basic 23) Common law is a function of judicial precedent and customs

Answer: T

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 7 Level: Basic

Answer: F

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 7 Level: Basic 25) The case of Ghen v Rich was resolved through statutory law

Answer: F

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 8 Level: Intermediate 26) In the case of State v Bradbury, Bradbury recovered a whale shot by a whale hunter and converted the whale remains for profit

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Answer: F

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 8 Level: Intermediate 27) The cases of Ghen and Bradbury were decided strictly on the basis of common law

Answer: T

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 8 Level: Intermediate

Answer: T

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 9 Level: Basic 29) The civil standard of proof is beyond a reasonable doubt

Answer: F

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 9 Level: Basic 30) The criminal standard of proof is by a preponderance of the evidence

Answer: F

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 9 Level: Basic

31) Under criminal law, the victim is the state

Answer: T

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page Number: 9 Level: Basic 32) Imprisonment is not a consequence that can result from a judgment in civil courts

Answer: T

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 9 Level: Basic

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33) Administrative law is created by judges through the principle of stare decisis

Answer: F

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 10 Level: Basic

Answer: T

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 10 Level: Basic

35) The Food and Drug Administration promulgates administrative laws

Answer: T

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 10 Level: Intermediate

36) Sociological jurisprudence has to do with law that concerns itself with social or public policy Answer: T

Objective: Describe the different sociological perspectives on law such as sociological jurisprudence, legal realism, critical legal studies, and feminist legal theory

Page number: 11 Level: Intermediate 37) One of the main proponents of critical legal studies was Roberto Unger

Answer: T

Objective: Describe the different sociological perspectives on law such as sociological jurisprudence, legal realism, critical legal studies, and feminist legal theory

Page number: 14 Level: Basic 38) The first person to use social science in litigation was Louis Brandeis

Answer: T

Objective: Describe the different sociological perspectives on law such as sociological jurisprudence, legal realism, critical legal studies, and feminist legal theory

Page number: 11 Level: Basic 39) Legal realism is founded on the basic principles of sociological jurisprudence

Answer: T

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Objective: Describe the different sociological perspectives on law such as sociological jurisprudence, legal realism, critical legal studies, and feminist legal theory

Page number: 12-13 Level: Basic

Answer: F

Objective: Describe the different sociological perspectives on law such as sociological jurisprudence, legal realism, critical legal studies, and feminist legal theory

Page number: 12 Level: Basic

MULTIPLE CHOICE Choose the one alternative that best completes the statement or answers the

question

A) procedural law B) statutory law

C) common law D) antiquated law

Answer: B

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 6 Level: Basic

2) Law based on court decrees and precedents is:

A) statutory law B) substantive law

C) procedural law D) common law

Answer: D

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 7 Level: Basic 3) The case of the whale hunters was decided on the basis of:

A) crimes B) common law

C) statutory law D) torts

Answer: B

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 8 Level: Intermediate 4) In the case of State v Bradbury, the issue was resolved based on:

A) common law B) procedural law

C) statutory law D) administrative law

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Answer: A

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 8 Level: Intermediate

A) legislatures B) the public

C) the President D) courts

Answer: A

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 6 Level: Basic

6) As the result of the Dred Scott case, citizenship was:

A) a state issue B) a local city issue

C) a local county issue D) a federal issue

Answer: A

Objective: Understand what the law is and the role it plays in various facets of our daily lives

Page number: 3 Level: Intermediate 7) The body of rules of specific conduct, prescribed by existing authority, is called:

A) law B) blaming

C) social change D) social control

Answer: A

Objective: Describe the different functions of the law, including social control, dispute resolution, and social change

Page number: 3 Level: Basic 8) The law has been used to regulate:

A) women's right to vote

B) women's reproduction

C) women's right of access to professions

D) All of the above

Answer: D

Objective: Understand what the law is and the role it plays in various facets of our daily lives

Page number: 3 Level: Basic

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9) Efforts by a society to regulate the behavior of its members is:

A) social control B) mind control

C) social contact D) social contract

Answer: A

Objective: Describe the different functions of the law, including social control, dispute resolution, and social change

Page number: 4 Level: Basic

A) punishing underage drinking with a fine and jail time

B) a traffic citation

C) gossip

D) an order to appear in court

Answer: C

Objective: Describe the different functions of the law, including social control, dispute resolution, and social change

Page number: 4 Level: Basic

A) negotiate B) arbitrate

C) litigate D) All of the above

Answer: D

Objective: Describe the different functions of the law, including social control, dispute resolution, and social change

Page number: 4 Level: Intermediate 12) A nonlegal method of resolving a disagreement is known as:

A) dispute resolution B) social control

C) courtroom drama D) court decision making

Answer: A

Objective: Describe the different functions of the law, including social control, dispute resolution, and social change

Page number: 4 Level: Basic

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13) Social change may involve: A) passive changes of ideas and practices

B) deliberate social actions

C) natural forces

D)All of the above

Answer: D

Objective: Describe the different functions of the law, including social control, dispute resolution, and social change

Page number: 5 Level: Basic 14) When judges are aggressively involved in social change through their decision making, this is called: A) judicial claiming B) blaming

C) judicial activism D) naming

Answer: C

Objective: Understand the evolution of disputes and the formal resolution of them

Page number: 5 Level: Basic

15) The final stage in the dispute process, where damages are sought, is:

A) claiming B) blaming

C) naming D) None of the above

Answer: A

Objective: Understand the evolution of disputes and the formal resolution of them

Page number: 6 Level: Basic

A) substantive law B) administrative law

C) procedural law D) common law

Answer: A

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 6 Level: Basic 17) When Bradbury burned his dead sister in his apartment house furnace, he was guilty of violating: A) procedural law B) common law

C) statutory law D) substantive law

Answer: B

Objective: Understand the different types of law, including common law, civil law, as well

as criminal and administrative laws

Page number: 8 Level: Basic

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