Test Bank for Courts and Criminal Justice in America 4th Edition by Siegel, Schmalleger, Worrall
ISBN: 9780135438169
Courts and the Criminal Justice System in America, 4e (Siegel) Chapter 1 Legal Foundations
1.1 Multiple Choice Questions
1) Which of the following refers to a unit of the judicial branch of government that 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.
Level: Basic
2) In which branch of government are courts generally found?
A) Judicial
B) Executive
C) Legislative
D) Administrative Answer: A
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
3) What is the process by which a court arrives at a decision regarding a case?
A) Common law
B) Precedent
C) Adjudication
D) Oversight Answer: C
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
4) 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.
Level: Intermediate
5) In the United States, the ________ system separates federal and state courts.
A) double-ended
B) dual court
C) federalist state
D) pluralist court
Answer: B
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
6) Keeping government in check to ensure rights and liberties falls into which function of the court system?
A) Upholding the law
B) Protecting individuals
C) Resolving disputes
D) Reinforcing social norms
Answer: B
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
7) The earliest known example of a formal written legal code was the:
A) Declaration of Independence
B) Code of Hammurabi
C) Twelve Tables
D) U.S. Constitution
Answer: B
Objective: Outline the history and development of law and the courts.
Level: Basic
8) Which of the following generally refers to formal rules, principles, and guidelines enforced by political authority?
A) Norm
B) Precedent
C) Code
D) Law
Answer: D
Objective: Outline the history and development of law and the courts.
Level: Basic
9) In England, laws that were decided by judges and circulated to other judges became known as:
A) Special law
B) Stare decisis
C) Statutory law
D) Common law
Answer: D
Objective: Outline the history and development of law and the courts.
Level: Basic
10) 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.
Level: Intermediate
11) The formal practice of adhering to 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.
Level: Intermediate
12) Which of the following spells out the rules and regulations adopted by federal agencies and departments?
A) The Twelve Tables
B) The Code of Federal Regulations
C) Cooperative federalism
D) The dual court system
Answer: B
Objective: Outline the history and development of law and the courts.
Level: Intermediate
13) ________ refers to rules promulgated by government agencies that have been given their authority by the executive 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.
Level: Intermediate
14) The first ten amendments are found in the:
A) Preamble
B) Bill of Rights
C) Code of Federal Regulations
D) Declaration of Independence
Answer: B
Objective: Outline the history and development of law and the courts.
Level: Intermediate
15) A fact assumed to be true under the law is a(n):
A) Incorporation
B) Precedent
C) Presumption
D) Social norm
Answer: C
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
16) Through the process of ________, the Supreme Court used the due process clause of the Fourteenth Amendment to make some protections in the Bill of Rights binding on the states.
A) incorporation
B) precedent
C) presumption
D) adversarialism
Answer: A
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
17) The right of people to be free from unreasonable searches and seizures is guaranteed by the ________ Amendment.
A) Second
B) Fourth
C) Tenth
D) Eighth
Answer: B
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
18) Which of the following is a right guaranteed by the Sixth Amendment?
A) The right to bear arms
B) The right to due process
C) The right to a speedy and public trial
D) The protection from cruel and unusual punishment
Answer: C
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
19) ________ 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.
Level: Intermediate
20) 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.
Level: Basic
21) Which of the following area of law focuses on civil wrongs recognized by law to be grounds for a lawsuit?
A) Contract law
B) Tort law
C) Law of succession
D) Property law
Answer: B
Objective: Explain the nature of disputes.
Level: Basic
22) In a civil case, which type of remedy requires one party to perform certain acts?
A) Monetary damages
B) Judicial discretion
C) Habeas corpus
D) Injunctive relief
Answer: D
Objective: Explain the nature of disputes.
Level: Intermediate
23) Which of the following requires a party to be held liable regardless of culpability?
A) Negligence liability
B) Tort liability
C) Strict liability
D) Law of succession Answer: C
Objective: Explain the nature of disputes.
Level: Intermediate
24) A ________ is 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.
Level: Basic
25) An offender who is sentenced to three years of incarceration has committed which type of offense?
A) An infraction
B) A minor violation
C) A felony
D) A misdemeanor
Answer: C
Objective: Explain the nature of disputes.
Level: Basic
26) The degree of intent on the offender's part is:
A) Stare decisis
B) Mens rea
C) Actus reus
D) Corpus delicti
Answer: B
Objective: Explain the nature of disputes.
Level: Intermediate
27) Which doctrine requires that a crime must be committed in order to hold someone liable for it?
A) Corpus delicti
B) Actus reus
C) Stare decisis
D) Mens rea
Answer: A
Objective: Explain the nature of disputes.
Level: Intermediate
28) Which describes a defendant's argument that they were somewhere else at the time of the crime, making it impossible for them to have committed it?
A) Justification by necessity
B) Alibi
C) Justification by consent
D) Excuse defense
Answer: B
Objective: Explain the nature of disputes.
Level: Basic
29) A defendant who admits that they committed a crime but claims that they are not responsible because they could not form criminal intent is using which type of defense?
A) Justification by necessity
B) Alibi
C) Justification by consent
D) Excuse defense
Answer: D
Objective: Explain the nature of disputes.
Level: Basic
1.2 True/False Questions
1) The reason we have government courts is to deal with conflict in a civilized manner. Answer: TRUE
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Intermediate
2) Courts do not have the power to make binding decisions. Answer: FALSE
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
3) The dual court system is advantageous because it parallels federalism. Answer: TRUE
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Intermediate
4) The United States has a system of cooperative federalism. Answer: TRUE
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Intermediate
5) Lower courts can control the actions and decisions of higher courts. Answer: FALSE
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
6) Civil disputes are between the government and an individual accused of violating the law. Answer: FALSE
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
7) Social norms are informal and often unspoken rules concerning standards of behavior. Answer: TRUE
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
8) The earliest known example of a formal written legal code was the Twelve Tables.
Answer: FALSE
Objective: Outline the history and development of law and the courts.
Level: Intermediate
9) Common law refers to the laws of specific villages and localities that were often enforced by canonical courts.
Answer: FALSE
Objective: Outline the history and development of law and the courts.
Level: Intermediate
10) Precedent refers to some prior action that guides current action.
Answer: TRUE
Objective: Outline the history and development of law and the courts.
Level: Basic
11) Prior judicial decisions are often overruled.
Answer: FALSE
Objective: Outline the history and development of law and the courts.
Level: Intermediate
12) The formal practice of adhering to precedent is known as mens rea Answer: FALSE
Objective: Outline the history and development of law and the courts.
Level: Basic
13) Administrative regulations come from government agencies with authority from the judicial branch.
Answer: FALSE
Objective: Outline the history and development of law and the courts.
Level: Intermediate
14) Constitutions place limits on government authority.
Answer: TRUE
Objective: Outline the history and development of law and the courts.
Level: Basic
15) The adjudication function of the courts allow them to affect how other criminal justice officials do their jobs.
Answer: FALSE
Objective: Outline the history and development of law and the courts.
Level: Basic
16) A presumption is a fact assumed to be true under the law. Answer: TRUE
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
17) Constitutional rights ensure that people accused of criminal activity are not treated unfairly. Answer: TRUE
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
18) The Second Amendment prohibits cruel and unusual punishment. Answer: FALSE
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
19) The Sixth Amendment allows court proceedings to be closed to the public. Answer: FALSE
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
20) Procedural due process is concerned with protecting people's life, liberty, and property interests.
Answer: FALSE
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
21) Inquisitorial systems place decision-making in the hands of a very few individuals. Answer: TRUE
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
22) Injunctive relief involves ordering one party in a civil case to pay money to the other party. Answer: FALSE
Objective: Explain the nature of disputes.
Level: Intermediate
23) Criminal courts generally resolve disputes between private parties. Answer: FALSE
Objective: Explain the nature of disputes.
Level: Basic
24) The law of succession is concerned with how property is passed from one generation to the next.
Answer: TRUE
Objective: Explain the nature of disputes.
Level: Intermediate
25) Property law is concerned with matters of marriage, divorce, child custody, and children's rights.
Answer: FALSE
Objective: Explain the nature of disputes.
Level: Basic
26) An act must be physically harmful to be defined as a crime. Answer: FALSE
Objective: Explain the nature of disputes.
Level: Basic
27) Most people convicted of misdemeanors do not spend any time incarcerated. Answer: TRUE
Objective: Explain the nature of disputes.
Level: Basic
28) Actus reus involves showing that the defendant committed a criminal act. Answer: TRUE
Objective: Explain the nature of disputes.
Level: Basic
29) An individual cannot be found guilty of a crime if they lack intent. Answer: FALSE
Objective: Explain the nature of disputes.
Level: Basic
30) Self-defense is an example of an excuse defense. Answer: FALSE
Objective: Explain the nature of disputes.
Level: Basic
31) One common claim in an appeal is that the judge applied the law improperly. Answer: TRUE
Objective: Explain the nature of disputes.
Level: Basic
1.3 Fill in the Blank Questions
1) The process by which a court arrives at a decision regarding a case is known as ________. Answer: adjudication
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
2) The United States has a ________ court system that separates state and federal courts. Answer: dual
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
3) ________ 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.
Level: Intermediate
4) Courts help to reinforce social ________, which are informal and often unspoken rules concerning standards of behavior.
Answer: norms
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Intermediate
5) The Roman ________ Tables were the first secular written legal code.
Answer: Twelve
Objective: Outline the history and development of law and the courts.
Level: Basic
6) ________ law refers to laws of specific villages that were in effect in Medieval England.
Answer: Special
Objective: Outline the history and development of law and the courts.
Level: Intermediate
7) ________ refers to some prior action that guides current action.
Answer: Precedent
Objective: Outline the history and development of law and the courts.
Level: Intermediate
8) ________ regulations are rules promulgated by government agencies that have authority from the executive or legislative branch.
Answer: Administrative
Objective: Outline the history and development of law and the courts.
Level: Intermediate
9) The ________ function of the courts impact how police officers do their jobs on the street.
Answer: oversight
Objective: Outline the history and development of law and the courts.
Level: Basic
10) Because the prosecutor presents evidence to show the defendant is guilty, the presumption of innocence is a(n) ________ presumption.
Answer: rebuttable
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
11) The Supreme Court used ________ to make some protections listed in the Bill of Rights binding on the states.
Answer: incorporation
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
12) 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.
Level: Intermediate
13) ________ are civil wrongs recognized by law to be grounds for a lawsuit.
Answer: Torts
Objective: Explain the nature of disputes.
Level: Intermediate
14) The law of ________ is basically the law of wills.
Answer: succession
Objective: Explain the nature of disputes.
Level: Intermediate
15) A(n) ________ is any action that violates a statute duly enacted by the proper public authority.
Answer: crime
Objective: Explain the nature of disputes.
Level: Basic
16) ________ are less serious offenses and are generally punished with less than a year of incarceration.
Answer: Misdemeanors
Objective: Explain the nature of disputes.
Level: Basic
17) 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.
Level: Intermediate
18) 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.
Level: Intermediate
19) ________ rea is the degree of intent on an offender's part.
Answer: Mens
Objective: Explain the nature of disputes.
Level: Basic
20) With a(n) ________ defense, 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.
Level: Difficult
21) The criminal law affects the courts in the ________ phase when a defendant appeals the conviction.
Answer: postsentencing
Objective: Explain the nature of disputes.
Level: Difficult
1.4 Matching Questions
Match the type of law to the correct description.
A) The category of civil law that is concerned with how property is passed from one generation to the next
B) Law originating from judicial decisions rather than from written statutes
C) The category of civil law that involves lawsuits to resolve unfilled obligations between parties
D) The category of civil law that involves lawsuits to resolve civil wrongs
E) The laws of specific villages and localities that were in effect in medieval England and that were often enforced by canonical courts
1) Common Law
Objective: Multiple Level: Basic
2) Special Law
Objective: Multiple Level: Basic
3) Tort Law
Objective: Multiple Level: Basic
4) Law of Succession
Objective: Multiple Level: Basic
5) Contract Law
Objective: Multiple Level: Basic
Answers: 1) B 2) E 3) D 4) A 5) C
Match these descriptions of Bill of Rights Amendments with the correct Amendment.
A) Protection against double jeopardy
B) Prevents the states from denying due process or equal protection of the law
C) Protections against unreasonable searches and seizures
D) Protection against excessive bail and fines as well as against cruel and unusual punishments
E) The right to a speedy and public trial by an impartial jury
6) Fourth Amendment
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
7) Sixth Amendment
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
8) Eighth Amendment
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
9) Fourteenth Amendment
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
10) Fifth Amendment
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
Answers: 6) C 7) E 8) D 9) B 10) A