Test bank for courts and criminal justice in america 2nd edition by siegel

Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ TEST ITEM FILE 204 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ CHAPTER Legal Foundations Chapter Multiple Choice Choose the one alternative that best completes the statement or answers the question The earliest known example of a formal written legal code was the: a Declaration of Independence b Code of Hammurabi c Retributive Code of Romans d U.S Constitution Answer: b Objective: Outline the history and development of law and the courts Page Number: Level: Basic Which of the following requires a party to be held liable regardless of culpability? a Negligence standard b Tort c Strict liability standard d Law of succession Answer: c Objective: Explain the nature of disputes Page Number: 19 Level: Intermediate Which of the following refers to an action that violates a statute duly enacted by the proper public authority? a Crime b Precedent c Civil action d Forfeiture Answer: a Objective: Explain the nature of disputes Page Number: 20 Level: Basic Which type of remedy requires one party to perform certain acts or refrain from certain actions? a Monetary damages b Judicial discretion c Habeas corpus d Injunctive relief Answer: d 205 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ Objective: Explain the nature of disputes Page Number: 17 Level: Intermediate Which of the following refers to an agency or unit of the judicial branch of government, authorized or established by statute or constitution, and has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it? a Congress b Tribunal c Court d Senate Answer: c Objective: Explain the purpose and functions of courts and the dual court system Page Number: Level: Basic Which of the following refers to rules promulgated by government agencies that have been given their authority by the executive branch or legislative branch? a Administrative regulation b Social norms c Precedent d Stare decisis Answer: a Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate Which of the following refers to civil wrongs recognized by law to be grounds for a lawsuit? a Inquisitorial system b Tort c Law of succession d Injunctive relief Answer: b Objective: Explain the nature of disputes Page Number: 19 Level: Basic Which of the following generally refers to formal rules, principles, and guidelines enforced by political authority? a Norm b Precedent c More d Law Answer: d Objective: Outline the history and development of law and the courts 206 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ Page Number: Level: Basic The spell(s) out the rules and regulations adopted by federal agencies and departments a Twelve Tables b Code of Federal Regulations c Cooperative federalism d Dual court system Answer: b Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate 10 due process is concerned with protecting people's life, liberty, and property rights a Procedural b Preventative c Secondary d Substantive Answer: d Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 15 Level: Intermediate 11 A serious offense generally punishable by more than one year of incarceration is a(n): a Infraction b Corpus delicti c Felony d Misdemeanor Answer: c Objective: Explain the nature of disputes Page Number: 20 Level: Basic 12 Which refers to a prior action that guides current action? a Precedent b Stare decisis c Recidivism d Legal code Answer: a Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate 207 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ 13 Which describes a justice system that pits two parties against each other in pursuit of the truth? a Adversarial b Cooperative c Provisional d Mandatory Answer: a Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 15 Level: Basic 14 The process by which a court arrives at a decision regarding a case is: a Common law b Precedent c Adjudication d Oversight Answer: c Objective: Outline the history and development of law and the courts Page Number: 10 Level: Basic 15 The degree of intent on the offender's part is: a Habeas corpus b Mens rea c Actus reus d Corpus delicti Answer: b Objective: Explain the nature of disputes Page Number: 21 Level: Intermediate 16 Which consists of the first ten amendments? a Preamble b Bill of Rights c Code of Federal Regulations d Declaration of Independence Answer: b Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: Level: Intermediate 17 In the United States we have a that separates federal and state court systems a Double-ended system b Dual court system c Federalist state 208 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ d Pluralist court system Answer: b Objective: Explain the purpose and functions of courts and the dual court system Page Number: Level: Basic 18 Which describes a defendant's argument that they were somewhere else at the time of the crime, making it impossible for him or her to commit it? a Mens rea b Alibi c Justification defense d Excuse defense Answer: b Objective: Explain the nature of disputes Page Number: 21 Level: Basic 19 The formal practice of adhering to a precedent is: a Legal code b Social control c Stare decisis d Federalism Answer: c Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate 20 Which of the following is NOT one of the three main functions of the court? a Resolving disputes b Creating public safety programs c Protecting individuals d Upholding the law Answer: b Objective: Explain the purpose and functions of courts and the dual court system Page Number: Level: Intermediate 21 A fact assumed to be true under the law is: a Stare decisis b Precedent c Presumption d Social norm Answer: c Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 11 Level: Intermediate 209 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ 22 Which doctrine requires that a crime must be committed in order to hold someone liable for it? a Corpus delicti b Actus reus c Habeas corpus d Mens rea Answer: a Objective: Explain the nature of disputes Page Number: 21 Level: Intermediate 23 The rights of people to be free from unreasonable searches and seizures falls under the Amendment a Second b Fourth c Tenth d Eighth Answer: b Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 12 Level: Intermediate 24 Which system blurs the lines between federal and state power? a Law of Succession b Incorporation c Tort law d Cooperative federalism Answer: d Objective: Explain the purpose and functions of courts and the dual court system Page Number: Level: Intermediate Chapter True-False Prior judicial decisions are often overruled a True b False Answer: b Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: Level: Intermediate The dual court system is advantageous and desirable because it parallels federalism a True 210 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ b False Answer: a Objective: Explain the purpose and functions of courts and the dual court system Page Number: Level: Intermediate Higher courts can control the actions and decisions of lower courts, but not the other way around a True b False Answer: a Objective: Explain the purpose and functions of courts and the dual court system Page Number: Level: Basic Constitutional rights ensure that people accused of criminal activity are not rushed to judgment and treated unfairly a True b False Answer: a Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate Courts not have the power to make binding decisions a True b False Answer: b Objective: Explain the purpose and functions of courts and the dual court system Page Number: Level: Basic A presumption is a fact assumed to be true under the law a True b False Answer: a Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 11 Level: Basic Mens rea is the formal practice of adhering to precedent a True b False Answer: b Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 211 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ Level: Basic The United States is believed to have a system of cooperative federalism a True b False Answer: a Objective: Explain the purpose and functions of courts and the dual court system Page Number: Level: Intermediate The law of succession is concerned with how property is passed from one generation to the next a True b False Answer: a Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 19 Level: Intermediate 10 Criminal courts generally resolve disputes between private parties a True b False Answer: b Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 18 Level: Basic 11 Civil disputes are those between the government and an individual accused of violating the law a True b False Answer: b Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 18 Level: Basic 12 The Code of Federal Prudence spells out the rules and regulations adopted by federal agencies and departments a True b False Answer: b Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate 13 Constitutions define, in broad terms, government structure and organization 212 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ a True b False Answer: a Objective: Outline the history and development of law and the courts Page Number: 12 Level: Basic 14 The two main types of remedies are monetary damages and injunctive relief a True b False Answer: a Objective: Explain the nature of disputes Page Number: 17 Level: Intermediate 15 The Second Amendment prohibits cruel and unusual punishment a True b False Answer: b Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 13 Level: Intermediate 16 The Declaration of Independence recognizes the "Creator" as a source of rights a True b False Answer: a Objective: Outline the history and development of law and the courts Page Number: Level: Basic 17 Social norms consist of informal and often unspoken rules concerning standards of behavior a True b False Answer: a Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate 18 The reason we have government courts is to deal with conflict in a civilized manner a True b False Answer: a Objective: Outline the history and development of law and the courts Page Number: 213 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ Level: Intermediate 19 The earliest known example of a formal written legal code was the Twelve Tables a True b False Answer: b Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate 20 Precedent refers to some prior action that guides current action a True b False Answer: a Objective: Outline the history and development of law and the courts Page Number: Level: Basic 21 Procedural due process is concerned with protecting people's life, liberty, and property interests a True b False Answer: b Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 15 Level: Intermediate 22 Inquisitorial systems place decision-making in the hands of one or a very few individuals a True b False Answer: a Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 16 Level: Intermediate 23 Common law refers to the laws of specific villages and localities that were often enforced by canonical courts a True b False Answer: b Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate 24 The Sixth Amendment suggests that court proceedings should be closed to the public 214 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ a True b False Answer: b Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 13 Level: Intermediate 25 Property law is concerned with matters of marriage, divorce, child custody, and children's rights a True b False Answer: b Objective: Explain the nature of disputes Page Number: 19 Level: Basic Chapter Fill in the Blank Write the word that best completes each statement or answers the question Our system is because it pits the prosecution and the defense against each other in the pursuit of justice Answer: Adversarial Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 15 Level: Intermediate are less serious offenses and are generally punished with less than a year of incarceration Answer: Misdemeanors Objective: 20 Page Number: Explain the nature of disputes Level: Basic With defenses, defendants accept responsibility for the act they are charged with, but they argue that the act was right under the circumstances Answer: Justification Objective: Explain the nature of disputes Page Number: 21 Level: Difficult Courts help to reinforce social , informal and often unspoken rules concerning standards of behavior 215 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ Answer: Norms Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate The United States has a court system, consisting of state and federal courts Answer: Dual Objective: Explain the purpose and functions of courts and the dual court system Page Number: Level: Basic law refers to laws of specific villages and localities that were in effect in Medieval England, and that were enforced by canonical courts Answer: Special Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate In general, cases involve charges against an individual brought by a government official Answer: Criminal Objective: Explain the nature of disputes Page Number: 20 Level: Difficult are civil wrongs recognized by law to be grounds for a lawsuit Answer: Torts Objective: Explain the nature of disputes Page Number: 19 Level: Intermediate The doctrine of corpus requires that a crime must be committed in order to hold someone liable for it Answer: Delicti Objective: Explain the nature of disputes Page Number: 21 Level: Intermediate 10 The Tables (450 B.C.) was the first secular written legal code 216 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ Answer: Twelve Objective: Outline the history and development of law and the courts Page Number: Level: Basic 11 State legal codes of interest to us are most often codes Answer: Penal Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate 12 The Code of Federal spells out the rules and regulations adopted by federal agencies and departments Answer: Regulations Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate 13 The notion of "deciding upon" cases, controversies in law, and disputed matters of fact is known as Answer: Adjudication Objective: Outline the history and development of law and the courts Page Number: 10 Level: Difficult 14 Before a person can be convicted of a crime, the prosecutor must prove reus, that the person actually committed a criminal act Answer: Actus Objective: Explain the nature of disputes Page Number: 21 Level: Intermediate 15 regulations are rules promulgated by government agencies that have been given their authority by the executive branch or legislative branch Answer: Administrative Objective: Outline the history and development of law and the courts Page Number: Level: Intermediate 217 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ 16 A(n) _ is any action that violates a statute duly enacted by the proper public authority Answer: Crime Objective: Explain the nature of disputes Page Number: 20 Level: Basic 17 The most well-known presumption in criminal justice is the presumption of Answer: Innocence Objective: Summarize the guiding legal principles underlying the U.S court system Page Number: 11 Level: Basic 18 is a system of government where power is constitutionally divided between a central governing body and various constituent units Answer: Federalism Objective: Explain the purpose and functions of courts and the dual court system Page Number: Level: Intermediate 19 rea is the degree of intent on an offender's part Answer: Mens Objective: Explain the nature of disputes Page Number: 21 Level: Basic Chapter Matching Match the type of law to the correct description Common Law a Any law of specific villages and localities that was in effect in medieval England and that was often enforced by canonical courts Special Law b The category of civil law that involves lawsuits to resolve unfilled obligations between parties Tort Law c The category of civil law that is significantly concerned with the acceptable uses of property such spelled 218 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ out in zoning laws Property Law d The category of civil law that involves lawsuits to resolve civil wrongs e Law originating from usage and custom rather than from written statues Contract Law *e *a *d *c *b Objective: Outline the history and development of law and the courts Page Number: 7-19 Level: Basic Match these descriptions of Bill of Rights Amendments with the corresponding number of the specific right a The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized b In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense c Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted d All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws [italics added] e No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation 219 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ Fourth Amendment Answer: a Page Ref: 13 Sixth Amendment Answer: b Page Ref: 14 Eighth Amendment Answer: c Page Ref: 14 Fourteenth Amendment Answer: d Page Ref: 15 10 Fifth Amendment Answer: e Page Ref: 14 Chapter Essay Define and differentiate property law, tort law, family law, contract law, and criminal law Answer: Property law is the category of civil law that is significantly concerned with the acceptable uses of property, such as those uses spelled out in zoning laws Contract law is the category of civil law that involves lawsuits to resolve unfilled legal obligations between parties Tort law is a category of civil law that involves lawsuits to resolve unfilled legal obligations between parties Family law is a category of civil law that is concerned with matters of marriage, divorce, child custody, and children’s rights Criminal law focuses on the violation of criminal laws of the federal government, a state, or local law Answers should address how each of these laws address different types issues within society Objective: Summarize the guiding legal principles underlying the U.S court system Page number: 19 and 20 Level: Basic Explain the similarities and differences between civil and criminal law 220 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ Answer: Civil law is concerned with disputes between private parties, while criminal cases are often considered crimes against the government and are government-initiated Civil cases have punishments including monetary damages and/or injunctive relief, while criminal cases often have an incarceration component in their punishment Both arose out of the need to maintain a safe and structured society and promote societal norms Objective: Summarize the guiding legal principles underlying the U.S court system Page number: 17 and 21 Level: Intermediate Clarify and simply explain the 4th, 5th, 6th, 8th, and 14th Amendments and their relationship to our Constitutional rights as they relate to the court system Answer: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws [italics added] No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due 221 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ process of law; nor shall private property be taken for public use, without just compensation How these rights form part of the Bill of Rights and that many concepts were and are key in developing the rules governing the court system and establishing due process Objective: Summarize the guiding legal principles underlying the U.S court system Page number: 13-15 Level: Intermediate Chapter Critical Thinking Why is our adversarial system of justice important in relation to the Bill of Rights? Answer (should include): Basic discussion of what the adversarial system of justice entails Basic discussion of the Bill of Rights The idea that a number of key guiding legal principles exist to make sure that people are adequately protected as they participate in the court process Presumptions, like the presumption of innocence, and safeguards, like those spelled out in the U.S Constitution, are of critical importance in a system of criminal justice Presumptions and safeguards protect the accused, as does our adversarial system Objective: Summarize the guiding legal principles underlying the U.S court system Page: 10, 13, 15 Level: Difficult Describe the benefits and problems that are associated with having a dual court system Answer: Benefits include that it separates federal and state courts thus separating the federal power of the constitution and allows states to have separate power Problems can arise when lines of jurisdiction are blurred and laws between states can be in conflict with each other Objective: Explain the purpose and functions of courts and the dual court system Page: Level: Intermediate Define and provide examples of actus reus, mens rea, and corpus delicti, and establish why are these concepts important to criminal law Answer (should include): Definitions of actus reus, mens rea, and corpus delicti, along with examples of these concepts 222 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ Must provide idea that these are needed before the government can proceed in a criminal conviction And that the criminal act is not usually enough to obtain a guilty verdict, and these concepts often address key issues of intent, liability, and presumption Objective: Explain the nature of disputes Page: 21 Level: Basic 223 Full file at https://TestbankDirect.eu/ ... development of law and the courts 206 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ Page... https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel Full file at https://TestbankDirect.eu/ b False Answer: a Objective: Explain the purpose and. .. Objective: Outline the history and development of law and the courts Page Number: 213 Full file at https://TestbankDirect.eu/ Test Bank for Courts and Criminal Justice in America 2nd Edition by Siegel