Test bank for criminal evidence 2nd edition by britz

Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz CHAPTER The Evolution of the Law of Criminal Evidence Chapter Multiple Choice Select the correct answer Law that defines the parameters of social behaviors is known as: a Common law b Procedural law c Substantive law d Relevant law Answer: c Objective: Examine the history of law and the legal process Page number: Level: Basic Laws that defines the process of adjudication are known as: a Case law b Procedural law c Substantive law d Civil law Answer: b Objective: Examine the history of law and the legal process Page number: Level: Basic Crimes that are defined as behaviors which are inherently wrong or immoral in and of themselves are called: a Mala in se b Mala et al c Mala prohibita d Malice in partum Answer: a Objective: Examine the history of law and the legal process Page number: Level: Basic Crimes with behaviors which are not naturally immoral, but whose wrongness lays in their legal prohibition are called: a Civil law b Mala in se c Mala et al d Mala prohibita Answer: d Objective: Examine the history of law and the legal process Page number: Level: Basic Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz This provides a guarantee against unlawful imprisonment: a Mala prohibita b Mala in se c Habeas corpus d Bill of Rights Answer: c Objective: Explain the concept of judicial review Page number: 12 Level: Basic Secular legal systems emerged with the advent of the: a Romans b Greeks c Hebrews d Chinese Answer: b Objective: Examine the history of law and the legal process Page number: Level: Intermediate Which legal system proved to be the most pervasive and foundational of all of the legal systems identified by Wigmore? a Mesopotamian b Roman c Hindu d Egyptian Answer: d Objective: Examine the history of law and the legal process Page number: Level: Intermediate Which legal system, identified by Wigmore, is best known for its development of a complex network of commercial custom and law? a Hindu b Mesopotamian c Hebrew d Slavic Answer: b Objective: Examine the history of law and the legal process Page number: Level: Intermediate The emergence of this legal system was secular, based entirely on mythology, and spread throughout Western Europe as the population fled the invading Asiatic tribes was: a Roman Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz b Germanic c Slavic d Chinese Answer: b Objective: Examine the history of law and the legal process Page number: Level: Intermediate 10 One of the oldest and most universal systems of law dates back to the ancient Phoenicians: a Egyptian b Roman c Maritime d Hebrew Answer: c Objective: Examine the history of law and the legal process Page number: Level: Basic 11 Which of the following is known as the oldest legal code in the world? a Canon Law b Roman Common Law c The Torah d Code of Hammurabi Answer: d Objective: Examine the history of law and the legal process Page number: Level: Basic 12 What type of law refers to the system of law established in England and spread too much of the English-speaking world? a Civil Law b Common Law c Procedural Law d Case Law Answer: b Objective: Examine the history of law and the legal process Page number: Level: Basic 13 Civil law is a legal system derived from: a Roman Law b Greek Law c English Law d Papal Law Answer: a Objective: Examine the history of law and the legal process Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Page number: Level: Basic 14 Most criminal offenses are violations of: a Federal law b State law c Municipal law d County law Answer: b Objective: Examine the role of state constitutions, rules of evidence, and case law as they relate to evidence Page number: 35 Level: Intermediate 15 The Bill of Rights consists of _ Amendments to the U.S Constitution a Fourteen b Twelve c Ten d Five Answer: c Objective: Identify and discuss the implications of the Bill of Rights regarding evidence Page number: 14 Level: Basic 16 Which Amendment is commonly referred to as the Freedom of Speech and Religion Amendment? a First b Second c Fourth d Fifth Answer: a Objective: Identify and discuss the implications of the Bill of Rights regarding evidence Page number: 15 Level: Basic 17 Which Amendment specifically precludes searches and seizures without probable cause? a First b Fourth c Fifth d Sixth Answer: b Objective: Identify and discuss the implications of the Bill of Rights regarding evidence Page number: 16 Level: Basic Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz 18 Which Amendment grants individuals the right of a speedy and public trial, the right to an impartial jury of one’s peers, the right to be informed of the charges against one, the right to confront witnesses, the right to subpoena, and the right to counsel? a First b Fourth c Fifth d Sixth Answer: d Objective: Identify and discuss the implications of the Bill of Rights regarding evidence Page number: 22 Level: Basic 19 The vast majority of evidence law has been founded upon _ principles a Civil law b Common law c Procedural law d Substantive law Answer: b Objective: Examine the history of the rules of evidence Page number: 34 Level: Intermediate 20 The introduction of the _ signaled the end to the common law of evidence a Black’s Rules of Evidence b Uniform Rules of Evidence c Statutory Rules of Evidence d The Supreme Court Rules of Evidence Answer: b Objective: Examine the history of the rules of evidence Page number: 34 Level: Intermediate Chapter True or False Select the appropriate answer, based on whether the statement is true or false Evidence may be defined as the demonstration of truth or untruth regarding allegations made within a court of law a True b False Answer: a Objective: Examine the history of the rules of evidence Page number: Level: Intermediate The introduction of evidence within the United States is haphazard manner at best a True Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz b False Answer: b Objective: Examine the history of the rules of evidence Page number: Level: Basic Traditionally, legal systems, including the Egyptian, Mesopotamian, Hebrew, and Hindu were based on political beliefs a True b False Answer: b Objective: Examine the history of law and the legal process Page number: Level: Basic The Twelve Tables were introduced as a means of satisfying both the patrician and plebian classes a True b False Answer: a Objective: Examine the history of law and the legal process Page number: Level: Basic The Ten Commandments is primarily procedurally based a True b False Answer: b Objective: Examine the history of law and the legal process Page number: Level: Basic The doctrine of precedent, stare decisis is Latin for to stand by that which is decided a True b False Answer: a Objective: Identify and discuss the sources of the individual rights, including the U.S Constitution and the Bill of Rights Page number: Level: Basic Precedents established in one state are not binding in other states, including bordering states a True b False Answer: a Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Objective: Identify and discuss the sources of the individual rights, including the U.S Constitution and the Bill of Rights Page number: Level: Intermediate Common law systems originated in France and were transferred to various parts of the globe by conquest and custom a True b False Answer: b Objective: Examine the history of law and the legal process Page number: Level: Intermediate Since inception, the American legal system has consisted of a system in which a strong central government provides a national infrastructure simultaneous to state governance of a judicial entity a True b False Answer: a Objective: Identify and discuss the sources of the individual rights, including the U.S Constitution and the Bill of Rights Page number: 13 Level: Intermediate 10 Criminal laws on the federal level may be enacted by Congress only in the protection of Congress and its interests; the regulation of interstate and foreign commerce; the protection of civil rights, and the sovereignty of areas not otherwise claimed or accounted for a True b False Answer: a Objective: Identify and discuss the sources of the individual rights, including the U.S Constitution and the Bill of Rights Page number: 14 Level: Intermediate 11 The Magna Carta provided that there would be a criminal trial based on an unsubstantiated accusation a True b False Answer: b Objective: Identify and discuss the sources of the individual rights, including the U.S Constitution and the Bill of Rights Page number: 23 Level: Basic Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz 12 The U.S Constitution represents the oldest, codified national constitution in the contemporary world a True b False Answer: a Objective: Identify and discuss the sources of the individual rights, including the U.S Constitution and the Bill of Rights Page number: 14 Level: Basic 13 The Sixth Amendment protects American citizens from imposition of excessive bail or fines and any punishment regarded as cruel and unusual a True b False Answer: b Objective: Identify and discuss the implications of the Bill of Rights regarding evidence Page number: 30 Level: Basic 14 The Uniform Rules of Evidence were created by the National Conference on Commissioners on Uniform State Law due to the arbitrary and capricious nature of bordering states a True b False Answer: a Objective: Examine the Uniform Rules of Evidence and the Federal Rules of Evidence Page number: 34 Level: Basic 15 Material evidence may be defined as any material evidence having probative value regarding something at issue, with probity defined as that evidence which has an impact on the jury a True b False Answer: b Objective: Examine the role of state constitutions, rules of evidence, and case law as they relate to evidence Page number: 35 Level: Intermediate Chapter Fill in the Blank Fill in the appropriate answer law defines the parameters of social behavior Answer: Substantive Objective: Examine the history of law and the legal process Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Page number: Level: Basic _ may be defined as the demonstration of truth or untruth regarding allegations made within a court of law Answer: Evidence Objective: Examine the history of the rules of evidence Page number: Level: Basic 3. in se crimes are defined as behaviors, which are inherently wrong or immoral in and of themselves- irrespective of the prevailing law Answer: Mala Objective: Examine the history of law and the legal process Page number: Level: Basic The Code of _ is the oldest known legal code in the entire world Answer: Hammurabi Objective: Examine the history of law and the legal process Page number: Level: Basic Under the English common law system decisions made by judges created _ Answer: Precedents Objective: Examine the history of law and the legal process Page number: Level: Basic In 1974, the Rules of Evidence were created by the National Conference on Commissioners on Uniform State Law Answer: Uniform Objective: Examine the Uniform Rules of Evidence and the Federal Rules of Evidence Page number: 34 Level: Basic law systems originated in England and were transferred to various parts of the globe by conquest and custom Answer: Common Objective: Examine the history of law and the legal process Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Page number: Level: Basic The first _ Amendments of the Constitution are known as the Bill of Rights Answer: Ten Objective: Identify and discuss the sources of the individual rights, including the U.S Constitution and the Bill of Rights Page number: 14 Level: Basic _ evidence may be defined as any material evidence having probative value regarding something at issue, with probity defined as that evidence which has an impact on the jury Answer: Relevant Objective: Distinguish between the concepts of relevancy, materiality, and inadmissibility in evidence Page number: 35 Level: Intermediate 10 _ evidence is that evidence which is logically connected to a fact at issue Answer: Material Objective: Distinguish between the concepts of relevancy, materiality, and inadmissibility in evidence Page number: 35 Level: Basic Chapter Matching Match up the Amendment in the left column to the basic American right in the right column First Amendment Second Amendment Third Amendment Fourth Amendment Fifth Amendment Sixth Amendment Seventh Amendment a The right to a grand jury b The freedom from cruel and unusual punishment c The right to a speedy trial d The enumeration of certain rights shall not be construed to deny or disparage others retained by people e Prohibits the expansion of power by the federal government unless so authorized by the Constitution f The right to free speech g The right to a trial by jury in any civil trial is only applicable to federal courts 10 Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Eighth Amendment Ninth Amendment 10 Tenth Amendment h Provides for the private ownership of weapons i Freedom from unreasonable search and seizure j Protects the rights of homeowners from governmental abuse of their property Answers: *f *h *j *i *a *c *g *b *d 10 *e Objective: Identify and discuss the implications of the Bill of Rights regarding evidence Page number: 33 Level: Intermediate Chapter Essay Explain in detail the concepts listed below Several different types of law were discussed in this chapter Discuss common law, civil law, procedural law, and substantive law Answer: Substantive law defines the parameters of social behavior, while procedural law defines the process of adjudicating those behaviors Procedural law uses evidence to demonstrate the truth or untruth of allegations in a court of law, and are highly codified Common law is a body of law based on the concept that legitimate legal authority derives from the consent of the people and is based on customs and traditions embodied in case law Common law lead to the development of precedents in which prior judicial decisions that establish the legal authority or rule for future cases dealing with the same legal question Civil law is a legal system that was derived from Roman law, and today are based primarily on legislation and the creation of a system of consistency through decisions based on principles The American society relies upon common law and civil law Objective: Examine the history of law and the legal process Page number: 2-9 Level: Basic Explain the difference in relevant and material evidence Provide an example of each 11 Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz Answer: Relevancy of evidence refers to any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence While materiality of evidence, refers to evidence that is logically connected to a fact or issue, and includes a consideration of the germaneness of information or testimony and a determination as to its impact on the trial Examples will vary Objective: Distinguish between the concepts of relevancy, materiality, and inadmissibility in evidence Page number: 35-36 Level: Intermediate The Bill of Rights is very important in maintaining a strong central government while protecting the individual rights of sovereign states In particular, the Fifth Amendment has several important provisions that act as safeguards of rights for American citizens Summarize the Fifth Amendment and the important provisions it covers Answer: The Fifth Amendment includes the right to a grand jury, freedom from double jeopardy, freedom from self-incrimination, the right to due process, and the right to just compensation for private property taken for public use The right to a grand jury is used both federally and in approximately half of the states The remaining states use a preliminary hearing process Double jeopardy prevents an individual from repeated prosecution, but several exceptions exist The protection against self-incrimination developed out of the need to eliminate torture as a means of obtaining a confession The right to due process is needed prior to the deprivation of life or liberty and means an individual must be afforded equal access and exercise of all the rules, procedures, and guarantees housed within American law Initially the right to due process was only binding in the federal court system until the passage of the Fourteenth Amendment Objective: Identify and discuss the implications of the Bill of Rights regarding evidence Page number: 18-21 Level: Intermediate Chapter Critical Thinking Explain in detail The Bill of Rights ensures American’s basic rights and although instituted over two hundred years ago, these basic rights are still challenged today Go to findlaw.com (a free search engine of state and federal cases) and summarize a recent case and finding regarding one of our fundamental rights Be sure to identify which right the case challenged, the key details of the case, and the outcome with the implications of the case Answer: Answers will vary, but it responses should include which Amendment is being address and in particular what part of the Amendment is being challenged The case should be summarized with key points and the outcome and what implications this decision will have on the American people Citation should also be included 12 Full file at https://TestbankDirect.eu/Test-Bank-for-Criminal-Evidence-2nd-Edition-by-Britz ... https://TestbankDirect.eu /Test- Bank- for- Criminal- Evidence- 2nd- Edition- by- Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu /Test- Bank- for- Criminal- Evidence- 2nd- Edition- by- Britz. .. https://TestbankDirect.eu /Test- Bank- for- Criminal- Evidence- 2nd- Edition- by- Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu /Test- Bank- for- Criminal- Evidence- 2nd- Edition- by- Britz. .. https://TestbankDirect.eu /Test- Bank- for- Criminal- Evidence- 2nd- Edition- by- Britz Test Bank for Criminal Evidence 2nd Edition by Britz Full file at https://TestbankDirect.eu /Test- Bank- for- Criminal- Evidence- 2nd- Edition- by- Britz