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Constitutional Law and the Criminal Justice System 6th Edition by Harr, J. Scott – Test Bank
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Chapter_02___An_Overview_of_the_US_Legal_System
- A basic purpose of the American legal system is to:
- a. remove power from the
- develop a living law.
- c. ensure fairness in balancing individual and societal rights and
- create a system that, while not perfect, is the best in the world.
ANSWER: c
REFERENCES: 34
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
- The concept that courts will continue to rely on prior cases to ensure consistency in the law is called:
- a. original jurisprudence. lex talionis
- c. stare decisis. venue.
ANSWER: c
REFERENCES: 36
LEARNING OBJECTIVES: CLCJ.HAHE.14.4 – 5
- The place where a specific case may come to trial and the area from which the jury is selected is known as:
- a. voir dire jurisdiction
- c. district venue
ANSWER: d
REFERENCES: 44
LEARNING OBJECTIVES: CLCJ.HAHE.14.17 – 10
- Those who are not party to a legal action but who still have an interest in the case may:
- a. subpoena the judge to have their testimony
- file a writ of certiorari with the court and enter themselves as a “hostile” witness.
- c. submit an amicus brief arguing their perspective, although such briefs are considered only at the pleasure of the
- not do anything–only those who are directly party to the legal action may address the court.
ANSWER: c
REFERENCES: 50
LEARNING OBJECTIVES: CLCJ.HAHE.14.12 – 13
- States’ penal codes contain:
- a. Civil laws Criminal laws
- c. Codified laws common law
ANSWER: b
REFERENCES: 38
LEARNING OBJECTIVES: CLCJ.HAHE.14.2 – 8
- The standard of proof required in a civil case is:
- a. more stringent than that required in a criminal
- the same as that required in a criminal case.
- c. a preponderance of the
- proof beyond a reasonable doubt.
ANSWER: c
REFERENCES: 39
LEARNING OBJECTIVES: CLCJ.HAHE.14.5 – 9
- Marx regarded punishment as a way to:
- a. provide social
- control the lower class.
- c. limit the power and influence of the upper
- exact revenge.
ANSWER: b
REFERENCES: 32
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
- Law does all of the following, except that it does not:
- a. respond to the perceived needs of the society it
- define unacceptable behavior.
- c. establish consequences for unlawful
- provide justice for all.
ANSWER: d
REFERENCES: 32-34
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
- Common law was:
- a. that which applied to the common people, not to those in the upper echelon of
- set forth in well-documented codes.
- c. established by early English and Roman
- based on customs and traditions followed throughout England.
ANSWER: d
REFERENCES: 35
LEARNING OBJECTIVES: CLCJ.HAHE.14.15 – 4
- 10. American law is considered a living law because:
- a. it can change as society
- it can never be rescinded or cancelled.
- c. once a law is passed, it stands
- there are no constraints on its application or interpretation.
ANSWER: a
REFERENCES: 37
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
- 11. The number of S. Courts of Appeals in the federal court system is:
- a. 4 12
- c. 52 94
ANSWER: b
REFERENCES: 48
LEARNING OBJECTIVES: CLCJ.HAHE.14.10 – 11
- 12. The Constitution ensures individual liberty by:
- a. limiting government
- giving the government enough power to protect the innocent.
- c. giving individuals the freedom to
- restricting the authority of state governments to enforce the law.
ANSWER: a
REFERENCES: 36
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
- 13. Statutory law can also be referred to as:
- a. case law codified law
- c. common law canonized law
ANSWER: b
REFERENCES: 38
LEARNING OBJECTIVES: CLCJ.HAHE.14.2 – 8
- 14. Which of the following is not an officer of the court?
- a. Sheriff Judge
- c. Lawyers Plaintiff
ANSWER: d
REFERENCES: 48
LEARNING OBJECTIVES: CLCJ.HAHE.14.14 – 12
- 15. Since the ratification of the Bill of Rights more than 7,000 amendments have been proposed in Congress. Of those, the number that have been successfully ratified is:
- a. 53 115
- c. 700 17
ANSWER: d
REFERENCES: 37
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
- 16. The following statements are true about both torts and crimes, except:
- a. Both could result from the same single
- Both differ by who is considered the victim.
- c. Both must be heard separately by the court(s).
- Both are subject to the same standard of proof in court.
ANSWER: d
REFERENCES: 39-40
LEARNING OBJECTIVES: CLCJ.HAHE.14.5 – 9
- 17. To bring a case or to argue a legal issue in court, one must have an actual interest in the matter of dispute, which is called:
- a. standing ripeness
- c. mootness jurisdiction
ANSWER: a
REFERENCES: 49
LEARNING OBJECTIVES: CLCJ.HAHE.14.12 – 13
- 18. The two main functions of the courts are to:
- a. determine guilt or innocence and interpret laws
- settle controversies and review cases for legal improprieties.
- c. settle controversies and decide the rules of law that apply in the
- determine guilt or innocence and apply appropriate sanctions.
ANSWER: c
REFERENCES: 43
LEARNING OBJECTIVES: CLCJ.HAHE.14.17 – 10
- 19. The scales of justice represent:
- a. keeping individual and societal needs in
- the struggle for power between good and evil.
- c. the two sides of prosecution and
- the weighing the evidence of guilt or innocence.
ANSWER: a
REFERENCES: 34
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
- 20. Conduct prohibited by law simply because the person engaging in the behavior is a minor is considered a/an:
- a. Delinquent act Status offense
- c. Infraction Youthful offense
ANSWER: b
REFERENCES: 51
LEARNING OBJECTIVES: CLCJ.HAHE.14.18 – 14
- 21. When a court decision would have no practical effect, a case is apt to be dismissed for:
- a. standing ripeness
- c. mootness jurisdiction
ANSWER: c
REFERENCES: 50
LEARNING OBJECTIVES: CLCJ.HAHE.14.12 – 13
- 22. Which of the following is not one of the three levels of court function in both state and federal courts?
- a. trial courts appellate courts
- c. circuit courts courts of last resort
ANSWER: c
REFERENCES: 45-48
LEARNING OBJECTIVES: CLCJ.HAHE.14.10 – 11
- 23. Which of the following is not true of the adversarial judicial system?
- a. only actual conflicts will be heard by a
- “what if” questions will not be heard.
- c. sides are drawn-accuser vs. accused-with one side challenged by the
- the accused has the burden of proof.
ANSWER: d
REFERENCES: 49
LEARNING OBJECTIVES: CLCJ.HAHE.14.17 – 10
- 24. For an amendment to the S. Constitution to be ratified, the number of state legislatures or special conventions which must agree is:
- a. one-fourth one-half
- c. two-thirds three-fourths
ANSWER: d
REFERENCES: 37
- 25. The juvenile justice system is comprised of the following components:
- a. intervention, courts, and rehabilitation
- law enforcement, courts, and corrections
- c. intervention, adjudication, and punishment
- law enforcement, counseling, and rehabilitation
ANSWER: b
REFERENCES: 52
LEARNING OBJECTIVES: CLCJ.HAHE.14.18 – 14
- 26. The vast majority of cases heard in S. District Courts are:.
- a. criminal cases civil cases
- c. drug cases homeland security cases
ANSWER: b
REFERENCES: 47
LEARNING OBJECTIVES: CLCJ.HAHE.14.10 – 11
- 27. A case with the caption United States v. Smith is most likely a:
- a. criminal case civil case
- c. class action suit federal appeal
ANSWER: a
REFERENCES: 38
LEARNING OBJECTIVES: CLCJ.HAHE.14.5 – 9
- 28. In a civil case, the party bringing suit is represented by:
- a. the prosecutor a plaintiff’s lawyer
- c. a defense attorney the public defender’s office
ANSWER: b
REFERENCES: 39
LEARNING OBJECTIVES: CLCJ.HAHE.14.14 – 12
- 29. The philosophy which is based on free, independent individuals agreeing to form a society and to give up a portion of their individual freedom to benefit the security of the group is generally known as:
- a. a social contract communal well-being
- c. the federalist philosophy natural law
ANSWER: a
REFERENCES: 31-32
- 30. Simply put, a law is:
- a. that which those in power deem to be right and
- a rule with the power of government behind it.
- c. a matter of interpretation, being different things to different
- the way a society is defined.
ANSWER: b
REFERENCES: 35
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
- 31. The S. Supreme Court’s chief function is as an appellate court.
- a. True
- False
ANSWER: True
REFERENCES: 48
LEARNING OBJECTIVES: CLCJ.HAHE.14.17 – 10
- 32. The doctrine of stare decisis firmly prevents the law from changing or reconsidering itself in matters in which undesirable law
- a. True
- False
ANSWER: False
REFERENCES: 36
LEARNING OBJECTIVES: CLCJ.HAHE.14.4 – 5
- 33. Each state has its own federal circuit court of
- a. True
- False
ANSWER: False
REFERENCES: 45-46
LEARNING OBJECTIVES: CLCJ.HAHE.14.10 – 11
- 34. State supreme courts derive their power from the United States
- a. True
- False
ANSWER: False
REFERENCES: 45
LEARNING OBJECTIVES: CLCJ.HAHE.14.10 – 11
- 35. Case law is promulgated by legislatures or governing
- a. True
- False
ANSWER: False
REFERENCES: 35
LEARNING OBJECTIVES: CLCJ.HAHE.14.2 – 8
- 36. A significant influence on the development of the American legal system was the system of common law that evolved in England during the Middle
- a. True
- False
ANSWER: True
REFERENCES: 35
LEARNING OBJECTIVES: CLCJ.HAHE.14.15 – 4
- 37. The Durkheimian perspective saw punishment as revenge and a means to restore and solidify the social
- a. True
- False
ANSWER: True
REFERENCES: 32
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
- 38. Regardless of the level of jurisdiction, a statutory law may not violate the
- a. True
- False
ANSWER: True
REFERENCES: 38
LEARNING OBJECTIVES: CLCJ.HAHE.14.21 – 6, 8
- 39. An act must be distinguished as either a crime or a tort; it cannot be
- a. True
- False
ANSWER: False
REFERENCES: 39
LEARNING OBJECTIVES: CLCJ.HAHE.14.5 – 9
- 40. Clerks of court are responsible for keeping the courtroom proceedings orderly and
- a. True
- False
ANSWER: False
REFERENCES: 48
LEARNING OBJECTIVES: CLCJ.HAHE.14.14 – 12
- 41. Overrepresentation of racial and ethnic minorities in arrest, prosecution, imprisonment and capital punishment as both the product of inequality and an expression of prejudice against minorities may be explained by
theory.
ANSWER: conflict
REFERENCES: 32
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
- 42. As a term in American law, common law is synonymous with
ANSWER: case
REFERENCES: 35
LEARNING OBJECTIVES: CLCJ.HAHE.14.15 – 4
- 43. Stare decisis is a common law doctrine requiring that set in one case shall be followed in all cases having the same or similar
ANSWER: precedent
REFERENCES: 36
LEARNING OBJECTIVES: CLCJ.HAHE.14.4 – 5
- 44. Local jurisdictions, such as at the county or municipal level, may enact their own specific codes, often referred to as .
ANSWER: ordinances
REFERENCES: 38
LEARNING OBJECTIVES: CLCJ.HAHE.14.2 – 8
- 45. Courts with general jurisdiction may hear a wide range of cases, whereas those of
jurisdiction hear a much narrower range of cases.
ANSWER: limited
REFERENCES: 44
LEARNING OBJECTIVES: CLCJ.HAHE.14.10 – 11
- 46. Those who law create
ANSWER: promulgate
REFERENCES: 35
LEARNING OBJECTIVES: CLCJ.HAHE.14.2 – 8
- 47. describes the authority of a court to hear cases first, try them and render
ANSWER: Original jurisdiction
REFERENCES: 44
LEARNING OBJECTIVES: CLCJ.HAHE.14.17 – 10
- 48. The doctrine prevents the court from getting prematurely involved in a case that may eventually be resolved through other
ANSWER: ripeness
REFERENCES: 50
LEARNING OBJECTIVES: CLCJ.HAHE.14.18 – 14
- 49. describes the authority of a court to review cases and to either affirm or reverse the actions of a lower
ANSWER: Appellate jurisdiction
REFERENCES: 44
LEARNING OBJECTIVES: CLCJ.HAHE.14.17 – 10
- 50. The court of last resort in most federal cases is the .
ANSWER: U.S. Court of Appeals
REFERENCES: 48
LEARNING OBJECTIVES: CLCJ.HAHE.14.10 – 11
- 51. Discuss in detail the similarities and differences between the consensus theory and conflict
ANSWER: Similar in that both see laws as necessary to an orderly society; different in how they view the purpose of punishment. Consensus theory is more humanitarian, seeing punishment as revenge and a way to restore social order. Conflict theory views punishment as a way to control the lower class and preserve the power of the upper class.
REFERENCES: 31-34
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
- 52. Explain the difference between a crime and a
ANSWER: A crime is public wrong, codified in law, prosecuted by the state, must be proven beyond a reasonable doubt, and consequences can range from fines or imprisonment to the death penalty. A tort is a civil wrong against an individual and it is up to the individual to bring legal action. Torts only require a showing of a preponderance of the evidence and the consequences are not considered to be as severe, usually limited to injunctions or financial awards to compensate the victim. An act can be both a tort and a crime, and failure to prove guilt in a criminal case does not preclude a victory in civil court.
REFERENCES: 38-40
LEARNING OBJECTIVES: CLCJ.HAHE.14.5 – 9
- 53. Explain the basic purpose of the American legal system and why American law is said to be a living
ANSWER: The legal system’s basic purpose is to ensure fairness in balancing individual and societal rights and needs, while preventing excessive government power. It is said to be a “living law” because it can grow and change along with society.
REFERENCES: 31-37
LEARNING OBJECTIVES: CLCJ.HAHE.14.22 – 2, 7
- 54. Discuss how the Constitution ensures individual
ANSWER: The law and the Constitution set forth how and when the government can and cannot interfere with citizens’ lives. No state or federal law may violate the basic protections outlined in the Constitution. The Constitution cannot be amended at the whim of a powerful few—it is extremely difficult to amend the Constitution and when an amendment is accomplished, it reflects true societal changes.
REFERENCES: 36-38
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
- 55. Contrast the criminal and juvenile justice
ANSWER: Similar in that they are made up of the same three components, and the same Constitutional rights apply. Different in: a. that the focus of criminal justice is punitive, whereas the juvenile justice goal is rehabilitative; b. terminology; c. adversarial nature; and d. types of offenses (status offenses apply only to juveniles).
REFERENCES: 51-53
LEARNING OBJECTIVES: CLCJ.HAHE.14.18 – 14
- 56. A legal opinion contains a statement of the legal issues presented, but not the relevant rules of a. True
- False
ANSWER: False
REFERENCES: 42
- 57. If a court remands a case, it is
- a. supporting the lower court’s b. overturning the opinion.
- c. returning the case to the lower d. dissenting with the majority.
ANSWER: c
REFERENCES: 42
- 58. A case brief does not include any dissenting a. True
- False
ANSWER: False
REFERENCES: 42
- 59. Determining if a case has been overturned or expanded on is done by:
- a. reading the dicta of the original
- visiting the courthouse of the original case. c. contacting the attorneys of record.
- using the most recent copy of Shepard’s citations.
ANSWER: d
REFERENCES: 43
- 60. A paradigm is a boundary or parameter that outlines a rule is based on a. True
- False
ANSWER: False
REFERENCES: 31
- 61. Legal positivists suggest people should not create law in conflict with the natural a. True
- False
ANSWER: False
REFERENCES: 31
- 62. Consensus theory is based on a philosophy proposed by French historian-philosopher, a. True
- False
ANSWER: False
REFERENCES: 31
- 63. The two prominent theories about the underlying purpose of law are consensus theory and a. social
- conflict theory. c. positivism.
- crime control.
ANSWER: b
REFERENCES: 31
- 64. The two competing models often identified when discussing the purpose of the criminal justice process include crime control and
- a. stare
- conflict theory.
- c. the supremacy d. due process.
ANSWER: d
REFERENCES: 32
- 65. There are two schools of thought regarding the purpose of the criminal justice system, one advocating the crime control model and another at the due process model. How do they differ? Which one do you prefer? Why?
ANSWER: This question requires the student to examine the competing value systems underlying the administrative purposes of the criminal process. The two extremes are meant to illustrate the tension between competing interests in the criminal justice system: the government stability maintaining orderly society (crime control) and the individual’s right to freedom and protection (due process). The student should be able to identify both of these with appropriate definitions. The student should also see that the crime control model emphasizes repression of criminal conduct, while the due process model rests on the presumption of innocence, and holds that individual rights are not to be sacrificed for the sake of efficiency. The crime control model would look at Miranda as a “technicality” and the due process model advocates would see this position as one of law enforcement overreach, refusing to recognize the suspects rights to an attorney and to silence under custodial interrogation. The student should articulate, after defining both schools of thought, which one he or she finds most reasonable and provide good justification. In reality, the criminal justice system is not either extreme, but somewhere in the middle.
REFERENCES: 32-34
- 66. The basic purpose of the United States legal system is to ensure fairness in balancing individual and societal needs while the same time preventing excessive government power. Some people think it’s become too complicated balancing these interests and justice has been compromised. What do you think? Please explain your view on this giving at least two examples that support your
ANSWER: This balancing of the needs of the individual in those of society through effective law enforcement mechanism that does not go too far is a challenge. The student should be able to find examples of where individual rights have been overemphasized or government power has, on the other hand, been to excessive in addressing the problems facing America.
REFERENCES: 34-35
- 67. means to make law through a legal
ANSWER: Promulgate
REFERENCES: 35
- 68. The
, written in the fifth century B.C., distinguished public and private laws and influenced legal
thought throughout the Middle Ages.
ANSWER: Justinian Code
REFERENCES: 35
- 69. Early English judge-made law, based on customs and traditions that will follow throughout the country, is known as
____________.
ANSWER: common law
REFERENCES: 35
- 70. To avoid relying on a case that has been overturned or otherwise rendered invalid, attorneys and paralegals use a reference technique known as
ANSWER: Shepardizing
REFERENCES: 43
- 71. Courts that may hear a wide range of cases have
ANSWER: general
REFERENCES: 44
- 72. A court that is authorized to hear cases first, try them, and render decisions is known as a court of a. primary
- original jurisdiction.
- c. appellate d. exclusive jurisdiction.
ANSWER: b
REFERENCES: 44
- 73. A geographic area in which a case may be heard is known as a.
- concurrent jurisdiction. c. original jurisdiction.
- general jurisdiction.
ANSWER: a
REFERENCES: 44
- 74. The adult criminal justice system emphasizes punishment, while the juvenile justice system emphasizes rehabilitation of the offender. Do you think the rehabilitative emphasis of the juvenile justice system is still valid today? Explain your
ANSWER: Here, the student is asked to consider whether the juvenile justice system should emphasize rehabilitation or should it be more in line with the adult criminal justice system which emphasizes punishment for criminal misconduct. Many students will feel that the juvenile justice system is too lenient with offenders who are committing more and more egregious crimes an earlier age, while other students may still feel that juvenile offenders should be given another chance before becoming a labeled felons for the rest of their lives.
REFERENCES: 51-53
- 75. In our American adversarial judicial system, attorneys represent both the suspect and the people. Frequently, defense attorneys are asked, “how can you defend someone accused of such a horrible crime?” Assume that you are defense attorney and need to answer this question. How would you answer it?
ANSWER: This question puts the student in the situation of advocating for vigorous defense of those accused of horrible crimes. Most people are more comfortable advocating for prosecutors or the police who are providing the law and order for society, but may find it difficult to stand in the shoes of
someone who must defend a guilty party against serious charges. It is important for the student to understand the necessity of vigorous advocacy, even for those who are guilty. Appoint to consider is that failure of defense attorneys to advocate vigorously for clients, even those were guilty, will embolden law enforcement to sidestep fundamental liberties of everyone, even those who may be innocent.
REFERENCES: 49
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