Test Bank for Law and Society 4
Edition by Lippman
ISBN: 9781071919248
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ISBN: 9781071919248
ISBN 9781071919248 | Chapter 1
Total Questions: 75
Multiple Choice (50)
Q1. [Multiple Choice] · Cognitive Domain: Knowledge ______ are the core beliefs about what is moral and immoral, good and bad, and acceptable and unacceptable.
a) Norms
b) Values ✓ correct
c) Folkways
d) Mores
Q2. [Multiple Choice] · Cognitive Domain: Application Which of the following is an example of a more?
a) beliefs about the sexual exploitation of children ✓ correct
b) the sanctity of human life
c) our style of dress
d) being imprisoned for a crime conviction
Q3. [Multiple Choice] · Cognitive Domain: Knowledge Customs that guide our daily interactions and behavior are known as ______.
a) norms
b) values
c) folkways ✓ correct
d) mores
Q4. [Multiple Choice] · Cognitive Domain: Application Using capital punishment only for the “worst of the worst” killers is an example of a ______.
a) norm
b) value
c) folkway
d) more ✓ correct
Q5. [Multiple Choice] · Cognitive Domain: Comprehension Which of the following provide the foundation for many of our laws?
a) norms ✓ correct
b) values
c) folkways
d) mores
Q6. [Multiple Choice] · Cognitive Domain: Comprehension Justice, equality, individual freedom, and the sanctity of human life are examples of ______.
a) norms
b) values ✓ correct
c) folkways
d) mores
Q7. [Multiple Choice] · Cognitive Domain: Knowledge
______ is known as the father of the common law.
a) Ranulf de Glanville
b) Henry II ✓ correct
c) Henry VIII
d) Henry de Bracton
Q8. [Multiple Choice] · Cognitive Domain: Application
Which example illustrates the social control function of the law?
a) the U.S. Congress declaring MLK day as a holiday in 1983
b) NYC imposing fines for people not picking up after their dogs ✓ correct
c) laws that address and ownership
d) Brown v. Board of Educationensuring that schools in America are desegregated
Q9. [Multiple Choice] · Cognitive Domain: Application
Which example illustrates the dispute resolution function of law?
a) llinois giving out tax breaks for charitable donations
b) Congress passing a law that would allow for wounded veterans to receive medical care for PTSD
c) Chicago’s ban on handheld cell phone usage while operating a motor vehicle
d) state laws regarding divorce and property distribution ✓ correct
Q10. [Multiple Choice] · Cognitive Domain: Comprehension
Which fundamental principles constitute the foundation of Socialist law?
a) security, education, administration
b) security, education, property ✓ correct
c) security, administration, crime
d) property, education, crime
Q11. [Multiple Choice] · Cognitive Domain: Analysis
Which definition reflects Malinowski’s concept of the law?
a) Law develops from a cohesive social order created by a complex system of gift exchange. ✓ correct
b) Law must include a moral component in order to be accepted by society.
c) Law is guaranteed by physical or psychological coercion.
d) Law is custom recreated by agents of society in legal institutions.
Q12. [Multiple Choice] · Cognitive Domain: Comprehension
Legal anthropologist Paul Bohannan views law as based on ______.
a) tradition
b) morals
c) custom ✓ correct
d) divine edict
Q13. [Multiple Choice] · Cognitive Domain: Analysis
Which type of law is an example of the social control function of the law?
a) speeding laws ✓ correct
b) inheritance laws
c) voting laws
d) divorce laws
Q14. [Multiple Choice] · Cognitive Domain: Analysis
Disagreements between consumers and the manufacturers of a defective product represent which function of the law?
a) social control
b) social change
c) dispute resolution ✓ correct
d) dysfunctional role
Q15. [Multiple Choice] · Cognitive Domain: Application
Which situation exemplifies the social change function of the law?
a) The General Allotment Act of 1887 allowed the U.S. government to allot land on reservations to individual American Indians and to sell the remainder of the land to outsiders.
b) State v. Mannaffirmed the total “dominion” of the slave owner over enslaved persons.
c) New York State Public Health Law of 1310 requires dog owners to pick up the waste of their dogs.
d) Women were granted voting rights with the passage of the 19th amendment. ✓ correct
Q16. [Multiple Choice] · Cognitive Domain: Comprehension
Our use of language and style of dress are examples of ______.
a) norms
b) folkways ✓ correct
c) mores
d) values
Q17. [Multiple Choice] · Cognitive Domain: Application
Which situation illustrates a folkway?
a) Most states have laws that require dog owners to keep their pet on a leash. ✓ correct
b) Our justice system stresses equality and individual freedoms.
c) Laws against discrimination ensures equality for all.
d) The U.S. imposes harsh punishments for human trafficking.
Q18. [Multiple Choice] · Cognitive Domain: Knowledge
Which theorist presented the following: “An order, shall be called law where it is externally guaranteed by the probability that coercion (physical or psychological), to bring about conformity or avenge violation will be applied by a staff of people especially ready for that purpose?”
a) Weber ✓ correct
b) Engels
c) Marx
d) Hoebel
Q19. [Multiple Choice] · Cognitive Domain: Comprehension
Sanctions, such as fines, imprisonment, and suspension of a license to practice medicine or the law, are examples of formal ______.
a) values
b) mores
c) folkways
d) norms ✓ correct
Q20. [Multiple Choice] · Cognitive Domain: Knowledge
Which theorist is represented in the quote: “Law is a body of binding obligations . . . kept in force by the specific mechanisms of reciprocity and publicity inherent in the structure of society?”
a) Bohannan
b) Engles
c) Malinowski ✓ correct
d) Marx
Q21. [Multiple Choice] · Cognitive Domain: Application
Which definition illustrates law in action?
a) The prophecies of what the courts will do in fact and nothing more pretentious, are what I mean by law ✓ correct
b) Law is governmental social control, . . . the normative life of a state and its citizens.
c) A social norm is “legal if its neglect or infraction is regularly met, in threat or in fact by the application of physical force by an individual or group possessing the socially recognized privilege of so acting.
d) An order will be called law if it is externally guaranteed by the probability that physical or psychological coercion will be applied by a staff of people in order to bring about compliance or avenge violation.
Q22. [Multiple Choice] · Cognitive Domain: Comprehension
Which definition of law is represented by: “A social norm is legal if its neglect or infraction is regularly met, in threat or in fact by the application of physical force by an individual or group possessing the socially recognized privilege of so acting?”
a) law and official authority
b) law and justice
c) law and physical force ✓ correct
d) law in action
Q23. [Multiple Choice] · Cognitive Domain: Analysis
Why are individuals expected to stand their ground in socialist systems?
a) The idea follows similar beliefs to common law rule in employing deadly force.
b) The expectation ensures that everyone has the right to life.
c) This rule promotes courage and integrity and rids the society of wrongdoers. ✓ correct
d) This belief upholds the standards of equality in the justice system.
Q24. [Multiple Choice] · Cognitive Domain: Application
What response would the United Nations (UN) have when a country violates international law?
a) Since every country is a part of the UN, they can be removed from membership.
b) The UN can organize a coalition of member states to act militarily. ✓ correct
c) Since the UN has its own arm, it could punish the country.
d) The UN has no power to intervene in these types of violations.
Q25. [Multiple Choice] · Cognitive Domain: Comprehension
Which type of law focuses on the limits of governmental power and the rights of individuals?
a) criminal
b) Constitutional ✓ correct
c) administrative
d) private
Q26. [Multiple Choice] · Cognitive Domain: Comprehension
Which type of private law involves the formation and enforcement of agreements between individuals and between organizations?
a) tort
b) contract ✓ correct
c) property
d) civil
Q27. [Multiple Choice] · Cognitive Domain: Comprehension
A law that punishes murder best fits with which Law and Society perspective?
a) conflict
b) criminal law
c) private law
d) consensus ✓ correct
Q28. [Multiple Choice] · Cognitive Domain: Comprehension
A law that allows for large corporations to be tax exempt best fits with which Law and Society perspective?
a) consensus
b) conflict ✓ correct
c) property
d) public law
Q29. [Multiple Choice] · Cognitive Domain: Knowledge ______ include habits that guide our interactions with teachers and family.
a) Norms
b) Folkways ✓ correct
c) Mores
d) Sanctions
Q30. [Multiple Choice] · Cognitive Domain: Analysis
In Islamic Law, what happens if the plaintiff is unable to produce the required number of qualified witnesses?
a) The case is automatically dismissed.
b) The defendant is asked to take a religious oath attesting his or her innocence.
c) The defendant is asked to take a religious oath attesting his or her innocence and if so done, the case is dismissed.
d) The defendant is asked to take a religious oath attesting his or her innocence and if so done the case is dismissed; otherwise, if the defendant refuses three times, a judgment is entered. ✓ correct
Q31. [Multiple Choice] · Cognitive Domain: Knowledge ______ is defined as the regulation over the actions of individuals and groups.
a) Official authority
b) Custom
c) Physical force
d) Social control ✓ correct
Q32. [Multiple Choice] · Cognitive Domain: Analysis
In Islamic law, the prosecution can present eyewitnesses. Which statement is true about eyewitness requirements?
a) Adultery and fornication require four eyewitnesses. ✓ correct
b) Nonadultery offenses require five eyewitnesses.
c) Only Muslim males can be eyewitnesses.
d) Eyewitnesses are not typically required.
Q33. [Multiple Choice] · Cognitive Domain: Application
“Law is custom recreated by agents of society in institutions specifically meant to deal with legal questions.” This definition of law follows which approach of defining the law?
a) law and justice
b) law and social integration
c) law and custom ✓ correct
d) law in action
Q34. [Multiple Choice] · Cognitive Domain: Application
Those with more money are allowed better chances at winning or getting charges acquitted. This statement emphasizes what dysfunction of law?
a) bias
b) unequal access to justice ✓ correct
c) harassment
d) repression
Q35. [Multiple Choice] · Cognitive Domain: Application
Which statement takes a law and coercion approach to defining law?
a) An order will be called law if it is externally guaranteed by the probability that physical or psychological coercion will be applied by a staff of people in order to bring about compliance or avenge violation. ✓ correct
b) Law is a body of binding obligations . . . kept in force by the specific mechanisms of reciprocity and publicity inherent in the structure of society.
c) Law is governmental social control, . . . the normative life of a state and its citizens.
d) Law is custom recreated by agents of society in institutions specifically meant to deal with legal questions.
Q36. [Multiple Choice] · Cognitive Domain: Comprehension
Donald Black’s definition of law does not recognize ______ as law.
a) statutes
b) regulations
c) traditions ✓ correct
d) rules
Q37. [Multiple Choice] · Cognitive Domain: Comprehension
Which institution can the government use to regulate the actions of individuals and organizations via social control?
a) schools
b) churches
c) courts ✓ correct
d) families
Q38. [Multiple Choice] · Cognitive Domain: Analysis
According to Donald Black’s logic, which statement is true?
a) Members of organizations like a fraternity can regulate their own expectations and are not impacted by the government.
b) Black definition includes customs and traditions as law
c) The government regulates the actions of individuals only through the courts and police.
d) Government takes precedence over the practices of individuals and private organizations. ✓ correct
Q39. [Multiple Choice] · Cognitive Domain: Application
Removing a hat during the national anthem is considered a ______.
a) law
b) rule
c) tradition ✓ correct
d) regulation
Q40. [Multiple Choice] · Cognitive Domain: Comprehension
In his definition of law, Supreme Court justice Oliver Wendell Holmes’ limited his focus to ______.
a) the courts ✓ correct
b) police agencies
c) private organizations
d) religion
Q41. [Multiple Choice] · Cognitive Domain: Analysis
Why has Bronislaw Malinowski’s approach to defining law been criticized?
a) The definition blurs the distinction between tradition and the law. ✓ correct
b) Malinowski does not consider the informal approach to law.
c) Malinowski only examined a complex society, making it difficult to generalize to other societies.
d) The definition does not consider the concept of the social contract.
Q42. [Multiple Choice] · Cognitive Domain: Knowledge
______ are patterns of behavior that develop in a society.
a) Norms
b) Values
c) Traditions
d) Customs ✓ correct
Q43. [Multiple Choice] · Cognitive Domain: Comprehension
Paul Bohannan, a legal anthropologist, views law as based on ______.
a) religion
b) custom ✓ correct
c) norms
d) values
Q44. [Multiple Choice] · Cognitive Domain: Analysis
According to Bohannan, what can weaken a custom?
a) children learning through observation
b) the process of reinstitutionalization
c) a conflict within the community over whether to continue following a custom ✓ correct
d) the enforcement of the custom through official institutions like the police
Q45. [Multiple Choice] · Cognitive Domain: Comprehension
In the figure of Themis, the goddess of justice and law whose statue is found at the entrance of courthouses, what does the blindfold suggest?
a) The importance of valuing individuals.
b) Justice is immune from pressure or influence. ✓ correct
c) The power of the judiciary.
d) The neutrality and impartiality with which justice is administered.
Q46. [Multiple Choice] · Cognitive Domain: Application
Which circumstance would be addressed by civil law?
a) an individual is charged with rape
b) a parolee violates his requirements so his parole is revoked
c) a child is physically harmed by his parents
d) a customer is injured after slipping on a wet floor at a store ✓ correct
Q47. [Multiple Choice] · Cognitive Domain: Comprehension
The ______ law is the oldest and most widely used system of law.
a) common
b) civil ✓ correct
c) criminal
d) administrative
Q48. [Multiple Choice] · Cognitive Domain: Comprehension
Which political ideology is tied to the socialist legal tradition?
a) Communism ✓ correct
b) Conservatism
c) Liberalism
d) Marxism
Q49. [Multiple Choice] · Cognitive Domain: Analysis
Which statement is true in regard to socialist law?
a) The law is neutral and objective.
b) The law advances the political goals of the government. ✓ correct
c) Religious beliefs are embedded into law.
d) Relationships between countries around the world are regulated by law.
Q50. [Multiple Choice] · Cognitive Domain: Knowledge ______ offenses are not set forth in the Koran, and are considered private wrongs in which punishment is at the discretion of the judge.
a) Koranic
b) Hudad
c) Quesas
d) Ta’zir ✓ correct
Q51. [True/False] · Cognitive Domain: Knowledge
The United Nations can use their own military in order to sanction those states that violate international law.
a) True
b) False ✓ correct
Correct answer: False
Q52. [True/False] · Cognitive Domain: Comprehension “Black letter law” is referred to the study of law that looks at all the outside factors that influence how legal cases play out.
a) True
b) False ✓ correct
Correct answer: False
Q53. [True/False] · Cognitive Domain: Knowledge Roscoe Pound is the theorist most closely identified with the consensus perspective.
a) True ✓ correct
b) False
Correct answer: True
Q54. [True/False] · Cognitive Domain: Comprehension In Islamic criminal procedure, you are allowed an appeal.
a) True
b) False ✓ correct
Correct answer: False
Q55. [True/False] · Cognitive Domain: Comprehension Law and Society takes on internal approaches to law and focuses on court cases, statutes, and constitutional provision and aims to provide an answer to a legal problem.
a) True b) False ✓ correct
Correct answer: False
Q56. [True/False] · Cognitive Domain: Comprehension Weber and Hoebel both fail to account for an individuals’ adherence to rules based on a sense of duty, tradition, and obligation even in the absence of external threat.
a) True ✓ correct
b) False
Correct answer: True
Q57. [True/False] · Cognitive Domain: Comprehension In Islamic Law, two women witnesses are equal to one male witness.
a) True ✓ correct
b) False
Correct answer: True
Q58. [True/False] · Cognitive Domain: Comprehension Private law includes the areas of contract, torts, and property.
a) True ✓ correct
b) False
Correct answer: True
Q59. [True/False] · Cognitive Domain: Comprehension Jurisprudence looks at the underlying philosophical questions of law.
a) True ✓ correct
b) False
Correct answer: True
Q60. [True/False] · Cognitive Domain: Comprehension
Courts are particularly concerned with protecting national security during wartime.
a) True ✓ correct
b) False
Correct answer: True
Q61. [True/False] · Cognitive Domain: Comprehension
The conflict perspective views society as based on shared values.
a) True
b) False ✓ correct
Correct answer: False
Q62. [True/False] · Cognitive Domain: Comprehension
Pound identified six “conflict perspectives” that are promoted by law and which are essential to the maintenance of a secure and stable society.
a) True
b) False ✓ correct
Correct answer: False
Q63. [True/False] · Cognitive Domain: Comprehension
William Chambliss’s essay on the Irish law of social deviance is a classic study of the role of the law in serving the interests of dominant economic groups.
a) True
b) False ✓ correct
Correct answer: False
Q64. [True/False] · Cognitive Domain: Comprehension
Dominant groups use the police and other social control agencies to enforce the laws that promote their self-interest and values and is one of the propositions that underlie the conflict theory.
a) True ✓ correct
b) False
Correct answer: True
Q65. [True/False] · Cognitive Domain: Comprehension
Aristotle defined justice as the distribution of equal amounts to those who are equal.
a) True
b) False ✓ correct
Correct answer: False
Q66. [True/False] · Cognitive Domain: Knowledge
The embodiment of custom into law is referred to as reinstitutionalization.
a) True ✓ correct
b) False
Correct answer: True
Q67. [True/False] · Cognitive Domain: Knowledge
Law is easily defined, so there is one mutually agreed on definition.
a) True
b) False ✓ correct
Correct answer: False
Q68. [True/False] · Cognitive Domain: Comprehension
Under Emperor Justinian, justice was defined as the distribution of equal amounts to those who are equal.
a) True
b) False ✓ correct
Correct answer: False
Q69. [True/False] · Cognitive Domain: Comprehension
Although the English and American legal systems are different, they are still considered to be a part of the same legal family.
a) True ✓ correct
b) False
Correct answer: True
Q70. [True/False] · Cognitive Domain: Comprehension
Socialist law is considered to be both neutral and objective.
a) True
b) False ✓ correct
Correct answer: False
Essay (5)
Q71. [Essay] · Cognitive Domain: Comprehension
Explain the main points of the Conflict Perspective.
Suggested answer: Sample response: The conflict perspective is based on the view that society is characterized by competition over money, power, and values. Society is shaped like a pyramid, with the wealthy and the powerful at the top and the mass of people near or at the bottom. The law is one tool used by the powerful to maintain their dominance and to attain their goals.
Q72. [Essay] · Cognitive Domain: Comprehension
Identify, define, and summarize the principles of Public law.
Suggested answer: Sample response: There are three areas that make up public law. First is criminal law and criminal procedure. This area focuses on how to define criminal conduct as well as the punishment of crimes and the procedures for the investigation and detection of crime. Second is constitutional law focuses. This area emphasizes the structure and functioning of the branches of government, the interrelationship between the branches of government, and the limits of governmental power and the rights of individuals. Third is administrative law, which governs the authority of government to regulate various activities. This type of law centers around agencies that are used to regulate virtually every aspect of society, including consumer protection, the conduct of elections and taxation.
Q73. [Essay] · Cognitive Domain: Comprehension
Identify, define, and summarize the principles of Private law.
Suggested answer: Sample response: Private law includes three areas, including contract, torts, and property. Contract law focuses on the formation and enforcement of agreements between individuals and between organizations. Tort law addresses rights and remedies for injuries to the person, property, privacy, reputation, and mental health of individuals. Finally, the law of property defines what is property, who owns property, and what the rules are for resolving ownership disputes. Additionally, there are other areas that can be considered private law, including , corporate law, family law, and copyright and patent law.
Q74. [Essay] · Cognitive Domain: Application
Discuss the difference between informal and formal norms and how these both relate to our laws. Provide an example of each.
Suggested answer: Sample response: Mores and folkways are types of informal norms. Mores are deeply held thoughts about what is right and wrong and folkways are customs that guide our behavior. Both of these often provide a foundation for what laws we put in place. An example of a more that influences law is our belief about the wrongness of taking an innocent person’s life. Formal norms are laws or rules that can be enforced by external controls. This can be criminal laws that can be enforced by the government or suspending a student who faces consequences for cheating, behavior that breaks university policy.
Q75. [Essay] · Cognitive Domain: Analysis
Compare and contrast the two perspectives on law and society.
Suggested answer: Sample response: Law and society scholars tend to view the relationship between law and society through the lens of two opposing theoretical perspectives. The consensus perspective views society as a relatively stable entity where individuals share common values. Under this perspective, law is used to resolve the occasional disputes that may arise and serves to keep society stable and balanced. The contrasting view is the conflict perspective. Under the perspective, conflict is viewed as a central aspect of society. This view argues that society is composed of competing groups, and the law is an instrument of coercion that is employed by dominant and powerful groups to maintain their power and control.