CRM 342 - Midterm Exam

Natural Law

A hypothesized set of moral standards is known as

Written

The more complex a culture becomes, the more it relies on ___________ codes of conduct.

Code of Hammurabi

Which of the following was long acknowledged as the oldest known written code of law?

almost exclusively in the hands of the priesthood

The administration of law under the Code of Hammurabi was:

Plato

Which philosopher argued the state was virtuous?

Hobbes

Plato's concept of positivist law would be given its greatest impetus by which later influential individual?

favored a government where rulers are subservient to law

Aristotle was a famous philosopher:

Hobbes

Which thinker thought the social contract was necessary because the pre-civilized life was a "war of all against all"?

Hobbes

Which influential thinker argued for a strong sovereign capable of enforcing the social contract?

human beings enjoy freedom and independence

For John Locke:

Rawls

Which influential thinker alluded to natural law when he compared law to a scientific theory?

Health Care

Which of the following is NOT one of the six social institutions identified in the text?

regardless of whether or not persons want to and habitually do

external pressures involve the threat of coercion and force

threats are carried out by agents of the state

According to Max Weber, which is one of the ways that law is different from other kinds of rule-following behavior?

that all societies exist on the basis of a common moral order

Durkheim’s basic theme is:

the Industrial Revolution

According to Durkheim, with the onset of ____________ and the factory system came a broad division of labor.

Consensus

Under which perspective is law viewed in a manner analogous to the immune system of the body?

Conflict

Underlying the ______ perspective of law is that law functions to preserve the exploitive, not protect the helpless.

procedural retributive

Which type of justice is concerned with how a society's system of law goes about determining guilt or innocence?

Pity

Raffaele Garofalo reasoned that an act would be universally condemned if it offended the sentiments of ____________.

Philip Reichel

Which legal scholar expresses the idea of the rule of law in the phrase "laws change but the Law must remain"?

due process

________ is a set of instructions informing agents of the state how they must proceed in their investigation.

Cesare Beccaria

Which individual wrote a book that constituted an impassioned plea to humanize and rationalize the law?

Sir Edward Coke

________ is often called the "father of due process".

Herbert Packer

Which scholar's models of the criminal system explore relations of the criminal justice system and justice itself?

crime control

Which of Packer’s models of criminal justice asserts that the system should work like an assembly line?

due process

Which of Packer’s models of criminal justice is like an obstacle course where the accused's case is further encountered?

crime control

The danger of a runaway ____________ model is a return to the days when due process was nonexistent.

Brewer v. Williams

In which case did the U.S. Supreme Court overturn a conviction because the individual had not waived a right to counsel?

a precedent

Under the common law system developed in England, every final decision by a court creates:

stare decisis

For _______, if there is a prior decision on a current case, the court will be guided by that prior decision.

obiter dicta

Additional supporting statements in a court opinion are called:

statuses

____________ are frequently written broadly, leaving administrative agencies with the task of filling in the blanks.

court rules

federal and state constitutions

legislations

Sources of individual rights include which of the following?

Articles of Confederation

The document adopted by colonists in 1781 in their first attempt to form a unified national government was called the:

23

The first eight amendments in the Bill of Rights set out how many individual rights?

establishment clause

With respect to religion, the first guarantee in the First Amendment is often referred to as the:

the statute must have a secular (non-religious) purpose

Which of the following is one of the ways any statute affecting religion is valid?

so-called hate speech

things that may anger others

speech directed at minority groups

Freedom of speech includes which of the following?

District of Columbia v. Heller

In which case did the U.S. Supreme Court hold that the Second Amendment protects the rights of individual gun owner

unreasonable

The Fourth Amendment forbids which types of searches and seizures?

particularity

Warrants are required to describe the subject of their search with:

probable cause

What degree of proof is defined by the text as meaning a **fair probability that a crime has occurred**?

the privilege against self-incrimination

The Fifth Amendment includes which of the following?

indictment

What is a document formally charging a defendant with a crime and is handed down by a grand jury?

Eighth

Which amendment to the U.S. Constitution prohibits cruel and unusual punishment?

United States v. Salerno

Which case ruled that a person considered to be a threat to public safety may be denied bail?

making unequal, arbitrary distinctions between people

The equal protection clause has been interpreted to preclude states from

Marbury v. Madison

Which case decided by the U.S. Supreme Court established authority of the high court?

jurisdiction

The legal authority or power of a court to hear, pronounce on, and decide a case is known as:

continuing offense

A criminal event where each state into which the victim is taken could charge the kidnapper with the crime:

power to review a decision of a lower court

Appellate jurisdiction means the court has the:

Court of Appeals

Which federal courts are referred to as circuit courts?

to lower courts to the case up to the U.S. Supreme Court

A writ of certiorari is an order:

Sandra Day O’Connor

Who was the first female to be appointed to the U.S. Supreme Court?

felony

What is a crime for which the possible punishment includes a sentence of imprisonment for at least one year?

probable cause

What is a legal concept referring to the amount of proof a police officer must have to search or arrest someone?

preliminary hearing

In a(n) _______________, the magistrate determines if there is probable cause to believe that an offense was committed.

the prosecutor

An information is prepared and signed for by:

guilty

What is by far the most common plea given by defendants?

Alford plea

Which one is where the defendant **enters a guilty plea** but **denies having committed the crime?**

venire

The legal term for summoning jurors is the:

do not require that a reason be given for dismissing a juror

Peremptory challenges:

Batson v. Kentucky

Which case ruled that peremptory challenges may not be used to exclude potential jurors on the basis of race?

habeas corpus

Which term translates as "you have the body"?

an act in violation of a criminal law

the person committing the criminal act must have intended to do so

the criminal act must have been committed

Which of the following is a component of a crime?

19th

Around the middle of which century did states begin to codify the common law?

purposeful, knowing, reckless, negligent

The Model Penal Code sets forth which of the following four levels of intent?

harm

There can be no liability without:

inchoate

Which crimes are ones in which criminal liability exists even though the contemplated act or actions never take place?

were competent

Under the common law, there was a presumption that children under the age of seven years:

insanity

As stated in the text, mental illness and legal ___________ are not the same thing.

substantial capacity test

Which test for insanity is met when the defendant can not appreciate the wrongfulness of their conduct?

entrapment

Which defense is increasingly being raised by defendants caught in drug and internet sexual enticement stings?

the heartbeat stopped

Under the common law, death was defined as when:

property crime/ crimes against property

Which category of crimes are far more common?

unlawful assembly

Disorderly conduct in a group setting generally is referred to as:

exigent circumstance

A critical or urgent situation that justifies the failure to obtain a warrant is a(n):

Illinois v. Gates

In which case did the U.S. Supreme Court acknowledge that probable cause is a "fluid concept"?

Tennessee v. Garner

Which case ruled that deadly force may be used to prevent escape only if the officer has probable cause?

consent

Police may ask anyone for _____________ to search without any basis for doing so.

Arizona v. Hicks

Which case ruled that in order for plain view to apply, it must be "immediately apparent" that the item is seizable?

Johnson v. Zerbst

Which case extended the right to counsel for all indigent defendants facing serious felony charges in federal courts?

Rhode Island v. Innis

Which case ruled that the police create the functional equivalent of an interrogation when they engage in activity?

Berkemer v. McCarty

In which case did the U.S. Supreme Court hold that routine traffic stops do not constitute custody?

Arizona v. Roberson

Which case held that once suspects have a right to counsel, they may not be questioned about other offenses?

any evidence obtained by the government in violation of the 4th Amendment

The exclusionary rule provides that:

contract

What type of law deals with the enforceability of private agreements between individuals and organizations

preponderance of the evidence

Which standard of evidence means that the evidence indicates it is likely the defendant committed the wrongful act?

prima facie

A _______________ case means enough evidence exists for there to be a case to answer.

deposition

Recorded verbal evidence sworn under oath for later use in court is known as a(n):

Uniform Commercial Code

Much of the law concerning contracts is now guided by the:

good faith

Another concept crucial to the study of contract law is the notion of _______.

being under the influence of intoxicating substances

mental deficiencies

being under legal age

Incompetencies precluding the issuance of a marriage license include:

interracial marriage

Loving v. Virginia is an important case because it overturned a number of state statutes banning:

Turner v. Safely

In which case did the U.S. Supreme Court rule that even prison inmates have a fundamental right to marry?

regulatory law

Administrative law is also called:

plenary

Article 1, section 8, of the U.S. Constitution grants Congress the _______________ power to regulate commerce.

Interstate Commerce Commission

The first regulatory agency in enforcing its own rules independent of the executive branch was the:

Congress

Administrative law is created by the administrative agencies themselves based on authority granted them by:

risk society

The authors note that we have evolved a "_____" that is preoccupied with safety and the future.