CJL 4038 quiz questions

These represent core beliefs about what is moral and immoral.

Norms

More

Folkways

Values

values

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

Functions

Values

Latents

Norms

norms

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

Folkway

Value

Belief

More

folkway

Violation of a __________ is met with strong societal condemnation.

manifest

function

more

folkway

more

Mores do not change over time.

True

False

false

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

Laws drive norms

Norms drive laws

norms drive laws

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

True

False

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

False

true

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

there was no actus rea requirement in the law

only 50% of the public supported the legislation

there was no initial support for the legislation

the law was differentially enforced

the law was differentially enforced

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

Individuals who are harmed must be compensated for their injuries

Distribution of equal amounts to those who are equal

Punishment of individuals who harm others and/or society

Government decisions must be reached through fair procedures

Distribution of equal amounts to those who are equal

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

Neutrality and impartiality

The immunity of law from internal and external pressures

The power of judiciary

The power of the executive

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.

Civil Law

Administrative Law

Common Law

Natural Law

Common Law

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

Reciprocity and publicity inherent in the structure of society

Government regulation over the action of its citizens

The actual interpretation of law by the courts

The probability that physical or psychological coercion will be applied

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.

Distributive Justice

Restorative Justice

Comparative Justice

Procedural Justice

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 Social Control

Law as Legal Realism

Law as Social Harmony

Law as Normativity

Law as Social Harmony

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

Legal Harmony

Legal Realism

Legal Social Control

Legal Positivism

Legal Realism

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

True

False

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.

Common Law

Civil Law

Natural Law

Socialist Legal Tradition

Civil Law

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

Record Keeping

Social Change

Dispute Resolution

Social Control

Dispute Resolution

The United States is a pure common law legal system.

True

False

False

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

Reinforce the power of the political and economic elite

Reinforce shared societal norms

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

Break apart the government apparatus and allow communities to handle law breakers for themselves

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.

Administrative Law

Jurisprudence

Legal Realism

Legal Doctrine

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 ...

Dysfunction

Social Control

Social Change

Record Keeping

Record Keeping

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

Civil law legal tradition

Socialist legal tradition

Religious based legal tradition

Common law legal tradition

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.

True

False

False

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

Recidivism Rates

Societal Acceptance

Intent

Outcome

Intent

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

John Austin

Thomas Aquinas

Cicero

Jeremy Bentham

John Austin

According to Cicero, a just law...

allows for equal respect for procedural and substantive law

analyzes its effectiveness based on its outcome

avoids harming others

regulates commerce

avoids harming others

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

Dispute Resolution

Jurisprudence

Law & Society

Legal Doctrine

Legal Doctrine

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

Transitional

Modern

Pre-Modern

Post-Modern

Modern

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

Make costs greater

Make benefits less

Leave it to the free market

Make costs less

Make costs less

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

Jurisprudence

Legal Doctrine

Law & Society

Social Control

Jurisprudence

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

Procedural

Expressive

Administrative

Substantive

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 ...

Socialist Legal Tradition

Jurisprudence

Law & Society

Legal Doctrine

Law & Society

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

individualistic

agricultural

industrial

hunting

agricultural

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

Dispute Resolution

Social Control

Record Keeping

Dysfunction

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.

Humanity

Autonomy

Universality

Utility

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?

Functionalism

Charismatic Authority

Rational Legal Authority

Traditional Authority

Charismatic Authority

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

Informal Rational Thought

Formal Irrational Thought

Informal Irrational Thought

Formal Rational Thought

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

Manifest Functions

Institutions

Latent Functions

Social Facts

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

Generalists

Specialists

Specialists

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

Formal Irrational Thought

Informal Irrational Thought

Formal Rational Thought

Informal Rational Thought

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

Utah state law supersedes federal law

The constitution only permitted congress to make "all needful rules and regulations for American territories.

Since Utah was not a part of the United States yet, it was not subject to regulation from the federal government

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.

True

False

False

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

rehabilitation

restoration

deterrence

retribution

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.

True

False

False

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

Superstructure determined by economic relations

Glue that maintains social balance and institutional equilibrium

Contractual obligations set by those who hold great political resources

From each according to his ability, to each according to his needs

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?

Exhaustion

Collusion

Standing

Mootness

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.

Functionalism

Socialist Legal Tradition

Libertarianism

Sociological Jurisprudence

Sociological Jurisprudence

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

Temporal Order

Spontaneous Order

Natural Harmony

Paternalism

Spontaneous Order

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

Both assume that any rights not explicitly written in legal documents are held by the government

Both hold the assumption of rationality

Both view free markets as essential

Both need strict civil law systems to hold validity

Both hold the assumption of rationality

A case is deemed moot when ...

An individual has yet to exhaust all administrative remedies

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

An individual sues on behalf of another individual

The court is asked to enter a speculative decision

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.

Benches

Prosecutors

Courts

Administrative Agencies

Administrative Agencies

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

True

False

False

This body passes laws to address matters of social policy

Executive

Judiciary

Legislature

Proletariat

Legislature

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

Probable Cause

Affidavit

Jurisdiction

Indictment

Jurisdiction

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

any government intervention is too localized

laws fail to take up moral or paternalistic causes

the government hands out rewards to some groups but not others

when preferences of individuals are not constrained by administrative agencies

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.

Third Amendment

9th Amendment

Article II

Article III

Article III

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, widened

do, converged

do not, widened

do not, converged

do, widened

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.

Populares

Anti-Federalists

Optimates

Federalists

Federalists

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

True

False

True

Most criminal cases are processed in ____________ courts.

Federal

State

State

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

County Courts

Circuit Courts

District Courts

Superior Courts

District Courts

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

True

False

False

State court decisions are binding to other state court systems.

True

False

False

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

U.S. Supreme Court

U.S. Justice of the Peace

U.S. District Courts

U.S. Circuit Courts

U.S. District Courts

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

Murder

Immigration

Aggravated Assault

Robbery

Immigration

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

County

Circuit

Municipal

State

State

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

False

True

False