CJL 4038 final exam Quiz Questions

These represent core beliefs about what is moral and immoral.

Values

These are the action aspect of values, which tell us how to act in certain situations.

Norms

These type of norms guide daily interactions and behaviors such as tipping service workers or walking on a moving walkway at an airport.

Folkways

Violation of a __________ is met with strong societal condemnation.

more

Mores do not change over time.

False

According to Stuntz (2000), which temporal connection between norms and laws is most likely...

Norms drive laws

Only the government can "codify," or compel adherence to, a norm.

False

According to Stuntz (2000), people primarily obey the law because they know the behavior to be wrong. Only secondarily do they consider the punishment associated with an action.

True

According to Stuntz (2000) prohibition was self-defeating because...

the law was differentially enforced

Which of the following best aligns with Aristotle's definition of justice?

Distribution of equal amounts to those who are equal

Themis is the "symbol" of justice in United States Courtrooms. What does her blindfold symbolize?

The immunity of law from internal and external pressures

Under this type of legal system judges, not legislators, provide solutions to everyday problems based on their interpretations of existing texts and statutes.

Common Law

Which of the following best describes social control, as defined by Donald Black.

Government regulation over the action of its citizens

This "type of justice" emphasizes that individuals in similar situations should be treated in a similar manner.

Comparative Justice

Under this "bottom up" understanding of law, it is believed that strong enough societal consensus will bring a law to fruition.

Law as a social harmony

Under this view, legal concepts are best understood in light of their application -- as opposed to their formal definition.

Legal realism

According to E Adamson Hoebel's definition of law, an order which is rarely enforced still qualifies as a law.

False

This type of legal system assumes that someone could simply read the text of the law and handle his or her own case in the courtroom.

Civil Law

Law achieves this purpose when it weighs in on interpersonal differences in claims over something of value.

Dispute Resolution

The United States is a pure common law legal system.

False

According to legal systems based in reglious based law, laws are meant to ...

Establish the obligations of citizens to seek a divine path to human salvation

This study of law is focused on the rules that need to be followed when applying the law.

Legal Doctrine

Laws that mandate that your car must be registered or you must have a valid birth certificate are forms of this function of law ...

Record Keeping

This legal system views criminal offending as the primary product of societal flaws.

Socialist legal tradition

According to natural law, laws legitimately enacted through formal government procedures should be obeyed until they are legitimately changed through formal government procedures.

False

From a Kantian perspective, how should we evaluate the ethicality of a rule?

Intent

This legal scholar, associated with legal positivism, viewed law as an empirical, observable, science.

Thomas Aquinas

According to Cicero, a just law...

Avoids harming others

Studying the difference between simple and aggravated assault represents this conceptualization of legal study.

Legal Doctrine

In these types of legal systems, procedural laws are well-developed and held in as high esteem as substantive laws.

Modern

From a utilitarian framework, if the law wants to encourage behavior it should ...

Make costs less

This study of law examines the moral and analytic questions that underlie legal decisions.

Jurisprudence

These type of laws tell criminal justice actors what they must do to secure legal guilt.

Procedural

A study seeking to understand how county-level economic conditions influence aggregate levels of formal social control would be best described as a study of ...

Law & Society

The shift to a transitional legal system is typically associated with a more heavy shift towards a(n) ___________ society.

agricultural

Viewing society through a socialist legal tradition lens, which of the following purposes of law is presumptive (or assumed)?

Dysfunction

According to which of Kant's principles, should one only act a certain way if they are willing to have everyone act that way too.

Universality

In Koopaland, Bowser's edicts are seen as rightful because he is the only being who can hear the words of the divine Koopa god. What type of authority does Bowser hold over the individuals in Koopaland?

Charismatic Authority

According to class discussion, this type of legal reasoning is vital to the development of industrial capitalism.

Formal Rational Thought

From a functionalist perspective, these are ways of thinking which existed before any one individual existed and will still exist after any one individual is gone.

Social Facts

In organic societies, societal members tend to be ...

Specialists

In societies with this type of legal reasoning, decisions are often inconsistent and based on little (at least observable) logic.

Informal Irrational Thought

Which avenue did the LDS take in their argument against plural marriage regulation in the mid 1800s?

The first amendment forbade Congress to enact legislation prohibiting the free exercise of religion

Weber argues that people's willingness to obey the law is impacted by (1) political domination or (2) respect for authority, but not both.

False

In mechanical societies, the focal goal of criminal punishment tends to be ______________.

deterrence

In Reynolds (1878), the Supreme Court ruled that the 1st amendment allowed criminally motivated conduct to be a legitimate excuse to a criminal indictment.

False

Under a functionalist framework, which of the following best describes the role of law?

Glue that maintains social balance and institutional equilibrium

Bowser is at his job and notices that the railing is loose. With this in mind, Bowser and his buddy go jump on the loose railing, get injured, and sue the company. Why may the court be unwilling to hear Bowser's case?

Collusion

Similar to utilitarianism, this school of thought argues that laws should be used to funnel society into wanted outcomes, and therefore not only be evaluated by logical consistency.

Sociological Jurisprudence

This assumption of libertarianism argues that social order derives naturally from the actions of millions, not centralized directions or directors.

Spontaneous Order

Libertarianism is similar to utilitarianism in the sense that ...

Both hold the assumption of rationality

A case is deemed moot when ...

The plaintiff will not be impacted in any material way by the outcome of the case

Delegated responsibilities by the legislature, these bodies are charged with carrying out duties in areas of their expertise.

Administrative Agencies

There is a single, unified, court system in the United States that regulates all criminal law.

False

This body passes laws to address matters of social policy

Legislature

The ability of a court to hear a case is defined as ...

Jurisdiction

From a libertarian perspective, natural harmony erodes when...

the government hands out rewards to some groups but not others

This part of the Constitution created the Supreme Court and left it to Congress to fill in lesser courts as they see fit.

Article 3

The male-female composition of Article III judges _________ reflect the composition of the United States, and these male-female differences at the Circuit Court level have ____________ over time.

do not, converged

This group of individuals in the wake of the United States founding favored a strong national judicial system to unite the country and promote economic development.

Federalists

Most Florida judges who go up in a retention election are retained.

True

Most criminal cases are processed in ____________ courts.

State

In Florida, the intermediate courts of appeals are referred to as ...

District Courts

All levels of Florida courts, from county courts to the supreme court, use non-partisan elections to select judges.

False

State court decisions are binding to other state court systems.

False

This grouping of federal courts is charged with matters of adjudication and sentencing.

U.S. District Courts

Which of the following offenses make up the largest share of the federal criminal caseload?

Immigration

At the founding of the federal court system, trial courts were drawn upon ___________ lines.

State

More than half the Supreme Court justices must agree to hear your case, for your appeal to be heard.

False

Based on the findings from holmes et al (2024), the general temporal trend for substantial assistance departures (across substance types) was...

Diminished odds, increased magnitude

Based on the findings from holmes et al (2024), which group of cases have been the primary benefactors of substantial assistance motions throughout the 21st century?

those involving defendants with focal pharmaceutical opioid offenses

based on this theory of judicial interpretation, the constitution is a static, fixed, document

originalism

T/F - the only factor that judges rely on when interpreting constitutional texts is precedent

false

according to this view, interpretation of legal texts (such as statutes) should be based on their ordinary, everyday, meaning

textualism

obscenity challenges (1st amendment) to video game distribution usually fails apart at which part of the miller test?

The work lacks any serious literary, artistic, political or scientific value

T/F - Throughout history, those who argue cases in front of the court have always been professionals and paid for their services

false

These were working groups for judges, lawyers, and law students in london - which eventually got responsibility for legal education

Inns of court

these type of lawyers developed in london, which focused on directly advising clients, preparing legal documents, and negotiating settlements

solicitors

These types of law schools developed in response to individuals wanting to join the legal profession without resources to get a college education and needing to work during the day

night law schools

common in law school and popularized at harvard law school, this type of education style makes students pick out legal rules from legal opinions, to be applied in a uniform fashion

casebook method

In Hadley v. Baxendale (1854), the court ruled that...

a breaching party is liable for all losses that the contracting parties should have foreseen - as well as damages stemming from any special circumstances

T/F - Over the past century, the number of lawyers in the United States has decreased.

False

This group was established in the 19th century to improve the administration of justice, provide a uniform approach to law, and honor the legal profession.

American Bar Association

This phenomenon describes a policy of all lawyers in a jurisdiction being required to join the bar as a condition of their ability to practice law.

Bar integration

These type of lawyers tend to be generalists and rely on neighborhood/local connections to get cases.

Solo Practitioners

T / F - Based on ABA studies, the majority of lawyers fall short of the recommended 50 hours of free legal services a year.

True

These type of lawyers draft regulations and bring enforcement actions against people/businesses that do not adhere to public laws surrounding topics such as health and safety, disability, and transportation.

Agency Lawyers

The most common response for low-to-moderate income American's with legal needs is to...

attempt to remedy situations themselves

Which of the following best describes the justice gap?

There is a gap in accessing the justice system for basic needs stratified by wealth

T / F - A ban on legal advertising would impact solo practitioners and large corporate lawyers equally.

false

When these are used, lawyers represent individuals based on an agreed upon percentage of any legal settlement or judgement that the plaintiff receives.

Contingency Fees

group legal service plans

options for individuals or groups that cannot afford legal aid and or do not qualify for it, offering a low cost alternative to more commonly expensive options.

Pros and cons of group legal service plans

Pros - you can expect it to be wide in its range of areas of expertise, as well as being very cost-effective

Cons - the quality of legal aide may either be low or limited in its coverage.

Under these plans, you are paying for legal representation even when you are not actively using a lawyer.

Group Legal Services

According to a 2018 ABA study, most lawyers report that pro-bono work ________________ important. Meanwhile, most lawyers report they __________ likely to provide pro-bono representation.

is, are not

Which of the following best describes why self-representation is used, when it is?

There is a financial barrier to getting representation

According to Blumberg (1979), defense lawyers are best conceptualized as _______________________, or shared investors in the organizational interests of the judge and prosecutor.

Double Agents

Uphoff (1992) conceptualizes defense counsel as powerless pawns who...

often find themselves in weak bargaining positions

T/F - In criminal law, there can only be one law per criminal act. In other words, statutes cannot overlap to encompass behavior already criminalized by another statute.

false

In exchange for pleading guilty, the prosecution offers to decrease the count that the defendant is charged with from a class C felony to a class D felony. What type of plea bargain does this best represent?

Charge Bargaining