None of the above Answer: b Objective: Explain the difference between substantive criminal law and criminal procedurea. None of the above Answer: a Objective: Explain the difference betw
Trang 1TEST BANK
CHAPTER 1 Legal Foundations Chapter 1 Multiple Choice
1 Which term specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, and what defenses can be invoked by individuals?
a Criminal procedure
b Criminal law
c Criminal evidence
d None of the above
Answer: b
Objective: Explain the difference between substantive criminal law and criminal procedure Page number: 2
Level: Basic
2 Which term refers to a form of law that describes how suspected and accused criminals are to
be handled and processed by the justice system?
a Criminal procedure
b Criminal law
c Criminal evidence
d None of the above
Answer: a
Objective: Explain the difference between substantive criminal law and criminal procedure Page number: 2
Level: Basic
3 According to the text, defining a crime as a felony or misdemeanor is important for all of the following reasons EXCEPT:
a Based upon the potential punishment
b Trial procedures differ for felonies and misdemeanors
c The judges will differ for felonies and misdemeanors
d The consequences of felonies and misdemeanors differ
Answer: c
Objective: Describe the various classifications of crimes
Page number: 3-4
Level: Intermediate
Trang 24 Which type of crime is punishable by a fine or a period of incarceration for less than 12
months?
a Property crime
b Misdemeanor
c Violent crime
d Felony
Answer: b
Objective: Describe the various classifications of crimes
Page number: 3
Level: Basic
5 Which of the following is the earliest known set of formal written codes?
a Code of Hammurabi
b Justinian Code
c Twelve Tables
d Napoleonic Code
Answer: a
Objective: Identify the sources of law
Page number: 5
Level: Basic
6 The law developed in early England by judges who wrote down their decisions and circulated them to other judges is:
a Case law
b Special law
c Common law
d Constitutional law
Answer: c
Objective: Identify the sources of law
Page number: 5
Level: Basic
7 This was passed by the United States Congress and contains federal laws, and violations of the provisions can lead to federal prosecution
a Model Penal Code
b U.S Constitution
c U.S Code
d None of the above
Answer: c
Objective: Identify the sources of law
Trang 3Page number: 5
Level: Basic
8 Which Amendment gives us is the protection against cruel and unusual punishment?
a 6th Amendment
b 4th Amendment
c 5th Amendment
d 8th Amendment
Answer: d
Objective: Identify the sources of law
Page number: 8
Level: Basic
9 Which Amendment says that no person shall be subject for the same offense to be twice put
in jeopardy of life or limb?
a 6th Amendment
b 4th Amendment
c 5th Amendment
d 8th Amendment
Answer: c
Objective: Identify the sources of law
Page number: 8
Level: Basic
10 According to the text, state constitutions can be more than the U.S Constitution
a Restrictive
b In-depth
c Relaxed
d Accommodating
Answer: a
Objective: Identify the sources of law
Page number: 8
Level: Basic
11 Our system of justice is known as an adversarial system for all of the following reasons EXCEPT:
a Because it pits two parties against each other in the pursuit of the truth
b Because of the founding fathers’ concerns with oppressive governments
c Both a and b
d None of the above
Trang 4Answer: c
Objective: Describe the adversarial system
Page number: 10-11
Level: Intermediate
12 In a criminal trial, which is the evidentiary standard necessary for the prosecution to prove?
a Preponderance of the evidence
b Beyond a reasonable doubt
c Probable cause
d Reasonable suspicion
Answer: b
Objective: Describe the adversarial system
Page number: 12
Level: Intermediate
13 Under this presumption, the jury can usually infer guilt if a person is caught “red-handed” with the fruits of the crime
a Presumption of death
b Presumption of a guilty mind following possession of the fruits of the crime
c Presumption of sanity
d Presumption of the regularity of official acts
Answer: b
Objective: Describe the adversarial system
Page number: 13
Level: Intermediate
14 Under this presumption, ignorance is not a defense to criminal liability
a Presumption of death
b Presumption of the regularity of official acts
c Presumption of knowledge of the law
d Presumption of sanity
Answer: c
Objective: Describe the adversarial system
Page number: 13
Level: Intermediate
15 Which term refers to evidence that proves a fact without the need for the juror to infer anything from it?
a Real evidence
b Direct evidence
Trang 5c Circumstantial evidence
d Testimonial evidence
Answer: a
Objective: Identify courtroom participants
Page number: 14
Level: Basic
16 Which term refers to someone one who is tasked with resolving any legal matter that comes before the court?
a Trier of law
b Lawyer
c Trier of Fact
d Judge
Answer: a
Objective: Identify courtroom participants
Page number: 16
Level: Basic
17 Which term refers to someone who listens to the evidence and renders a decision?
a Trier of law
b Lawyer
c Trier of Fact
d None of the above
Answer: a
Objective: Identify courtroom participants
Page number: 16
Level: Basic
18 Of the type of jury challenges, which type is unlimited by nature?
a Voir dire
b Peremptory challenge
c Challenge for cause
d Jury nullification
Answer: c
Objective: Identify courtroom participants
Page number: 18
Level: Basic
19 Which of the following terms refers to the practice of ignoring or misapplying the law in a certain situation?
Trang 6a Jury nullification
b Hung jury
c Allen charge
d Ex post facto law
Answer: a
Objective: Identify courtroom participants
Page number: 19
Level: Intermediate
20 There are 94 types of these courts in the U.S., the District of Columbia, and the U.S territories
a Courts of limited jurisdiction
b Superior courts
c Intermediate appellate courts
d District courts
Answer: d
Objective: Describe the structure of the U.S legal system, including jurisdiction
Page number: 22
Level: Intermediate
21 Which of the following are courts that have jurisdiction over relatively minor offenses and infractions?
a Courts of limited jurisdiction
b Superior courts
c Intermediate appellate courts
d District courts
Answer: a
Objective: Describe the structure of the U.S legal system, including jurisdiction
Page number: 22
Level: Basic
22 In an appellate case, which individual is known as the party appealed against?
a Defendant
b Appellee
c Prosecutor
d Appellant
Answer: d
Objective: Understand the parts of a court case
Page number: 27
Level: Basic
Trang 723 In the appeals context, what happens when an appellate court sends a case back to the lower court for further action consistent with its decision?
a Remand
b Reverse
c Affirm
d None of the above
Answer: c
Objective: Understand the parts of a court case
Page number: 27
Level: Intermediate
Chapter 1 True-False
1 Criminal law arms the police with the knowledge necessary to preserve the rights of
individuals who are seized, searched, arrested, and otherwise inconvenienced by law
enforcement officials
Answer: b
Objective: Explain the difference between substantive criminal law and criminal procedure Page number: 2
Level: Basic
2 Criminal procedure is concerned with the differences between the many types of illegal activity named in criminal statutes at the federal, state, and local level
a True
Answer: b
Objective: Explain the difference between substantive criminal law and criminal procedure Page number: 3
Level: Basic
3 Depending on the state, a misdemeanor conviction could lead to eviction, suspension of a driver’s license, limited employment opportunities, and a host of other outcomes
Answer: a
Objective: Explain the difference between substantive criminal law and criminal procedure Page number: 4
Level: Intermediate
4 The Twelve Tables (450 B.C.) is considered to be the first secular written legal code
a True
Trang 8Answer: b
Objective: Identify the sources of law
Page number: 5
Level: Basic
5 Common law refers to the laws of specific villages and localities that were in effect in
medieval England and that were often enforced by canonical courts
a True
Answer: b
Objective: Identify the sources of law
Page number: 5
Level: Intermediate
6 The Model Penal Code is more concerned with criminal law than criminal procedure
a True
Answer: a
Objective: Identify the sources of law
Page number: 7
Level: Intermediate
7 The Bill of Rights consists of the first fourteen amendments to the U.S Constitution and announces important limitations on government authority with respect to the investigation and prosecution of crime
a True
Answer: b
Objective: Identify the sources of law
Page number: 7
Level: Basic
8 Our justice system is adversarial because it pits two parties against each other in the pursuit of the truth
a True
Answer: a
Objective: Describe the adversarial system
Page number: 10
Level: Basic
9 Of the types of justice systems, the inquisitorial system provides the same protections to the accused as the adversarial system
Trang 9a True
Answer: b
Objective: Describe the adversarial system
Page number: 11
Level: Intermediate
10 The burden of proof in a criminal prosecution falls on the government to prove that a person committed a crime
a True
Answer: a
Objective: Identify courtroom participants
Page number: 11
Level: Basic
11 The standard of proof in a civil case, equivalent to “more certain than not,” is preponderance
of the evidence
a True
Answer: a
Objective: Identify courtroom participants
Page number: 12
Level: Basic
12 If the defendant chooses to assert an affirmative defense, then the prosecution must meet the burden of production and the burden of persuasion
a True
Answer: b
Objective: Identify courtroom participants
Page number: 12
Level: Intermediate
13 In a criminal trial, defendants cannot be compelled to testify because of the 5th Amendment
a True
Answer: a
Objective: Identify courtroom participants
Page number: 15
Level: Basic
14 In a jury trial, the trier of fact, the individual(s) who listen to the evidence and render a
Trang 10decision is the judge
a True
Answer: b
Objective: Identify courtroom participants
Page number: 16
Level: Intermediate
15 A hung jury is a jurors’ practice of either ignoring or misapplying the law in a certain
situation
a True
Answer: b
Objective: Identify courtroom participants
Page number: 19
Level: Intermediate
Chapter 1 Fill in the Blank
1 Without _, there would be no crimes, no criminals, and perhaps no means of controlling undesirable behavior
Answer: criminal law
Objective: Explain the difference between substantive criminal law and criminal procedure Page number: 2
Level: Basic
2 A conviction bars a person from employment in certain fields, may deny that individual the right to vote, usually prohibits the individual from legally owning a firearm, and can carry with it a number of other harsh consequences
Answer: felony
Objective: Explain the difference between substantive criminal law and criminal procedure Page number: 4
Level: Basic
3 Examples of _ offenses include robbery, larceny (theft), and rape
Answer: malum in se
Objective: Describe the various classifications of crime
Page number: 4
Level: Intermediate
4 An act that is wrong or evil because it is defined as such is known as
_
Trang 11Answer: malum prohibitum
Objective: Describe the various classifications of crime
Page number: 4
Level: Intermediate
5 generally refers to some prior action that guides current action
Answer: Precedent
Objective: Identify sources of law
Page number: 6
Level: Basic
6 A is a judge’s order that one side or the other wins without the need to move on to fact-finding
Answer: directed verdict
Objective: Identify courtroom participants
Page number: 12
Level: Intermediate
7 Once opening statements have concluded, the _ has the
opportunity to present its case
Answer: government
Objective: Identify courtroom participants
Page number: 14
Level: Basic
8 Our court system, one that separates federal and state courts, is known as a
_
Answer: dual court system
Objective: Describe the structure of the U.S legal system, including jurisdiction
Page number: 21
Level: Basic
9 In the appeals context, a is when an appellate court nullifies or sets aside a lower court’s verdict
Answer: reversal or vacate
Objective: Understand the parts of a court case
Page number: 27
Level: Intermediate
10 A _ is a minority opinion that is at odds with the majority opinion
Trang 12Answer: dissent
Objective: Understand the parts of a court case
Page number: 28
Level: Intermediate
Chapter 1 Matching
Match the presumption in Column 1 with their correct definition in Column 2
1 Presumption against suicide a All defendants are presumed sane; the
burden falls on the defense to prove otherwise
2 Presumption of sanity b It is assumed, for example, that a proper
chain of custody exists, unless the defense can show otherwise
3 Presumption of death c It is assumed that when a person dies, the
cause is not suicide
4 Presumption of the regularity of official acts d It is presumed that a person who has
disappeared and is continually absent from his
or her customary location is dead
Objective: Describe the adversarial system
Page number: 13
Level: Intermediate
Match the type of court in Column 1 with the purpose of the court in Column 2
5 Courts of limited jurisdiction a The name commonly used for courts of
general jurisdiction
6 Courts of general jurisdiction b Courts that have jurisdiction over relatively
minor offenses and infractions
7 Superior courts c The highest court in a state
8 Intermediate appellate courts d Courts that try several types of cases,
so-called “trial courts.”
9 State supreme courts e Courts to which verdicts from courts of
general jurisdiction can be appealed
Trang 13Objective: Describe the structure of the U.S legal system, including jurisdiction
Page number: 22
Level: Intermediate
Chapter 1 Essay
1 What is the difference between criminal law and criminal procedure?
Answer:
Criminal law specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, and what defenses can be invoked by individuals who break it
Criminal procedure is the set of rules and guidelines that describe how suspected and accused criminals are to be handled and processed in the justice system
Objective: Explain the difference between substantive criminal law and criminal procedure Page number: 2
Level: Basic
2 Discuss the difference between the adversarial justice system and the inquisitorial justice system
Answer:
The adversarial justice system is a system of justice that pits two parties against each other for the pursuit of truth
The inquisitorial justice system is a system of justice that does not provide certain protections to the accused It places decision-making in the hands of one or very few individuals Juries are an exception Also, the attorneys are passive participants while the judge takes a more prominent role
Objective: Describe the adversarial system
Page number: 10-11
Level: Intermediate
3 Discuss the practical meaning of verdicts
Answer:
The two main verdicts that can be reached in a trial, guilty and not guilty, do not speak to the factual guilty or innocence
Just because a defendant is found not guilty does not mean he/she is innocent It just means that the prosecution could not meet its burden of proving beyond a reasonable doubt that the defendant committed a crime
The verdicts reached at the appellate stage have unusual meanings If an appellate court sides with an appellant, it is not stating the individual is innocent They focus on legal issues and whether or not proper procedures were followed at the trial level
Objective: Explain the practical meaning of a verdict
Page number: 28