LEG 320 Week 1 Quiz 1 Chapter 1 – Strayer University NEW

LEG 320 Week 1 Quiz – Strayer

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CHAPTER 1
CRIMINAL LAW: PURPOSES, SCOPE, AND SOURCES

MULTIPLE CHOICE

1. An example of private law is
a. criminal law
b. criminal procedure
c. divorce
d. Constitutional law

2. The law of criminal procedure deals with
a. the law followed in the investigation and processing of a crime
b. the definition of crimes
c. contractual issues
d. torts

3. The substantive criminal law
a. defines the standards of conduct for protection of the community
b. is an important branch of private law
c. is no longer followed in the U.S.
d. defines the steps followed in processing a criminal case

4. A person might commit a crime for any of the following reasons except?
a. fear of arrest and punishment
b. insufficient moral or ethical restraints
c. peer pressure
d. opportunity combined with capacity and skill

5. A tort is
a. a public wrong against society
b. a civil wrong done to a person or her property
c. a crime
d. always a moral wrong

6. If a person intentionally damages a building owned by another person, this action
a. is a crime, but not a tort
b. is a tort, but not a crime
c. is neither a tort nor a crime
d. is both a tort and a crime

7. The Latin maxim nulla poena sine lege means
a. no law without punishment
b. no punishment without a moral wrong
c. no punishment without law
d. no law without morality

8. Which of the following is not one of the four generally recognized goals of the criminal justice system?
a. discourage people from committing crimes
b. protect society form dangerous people
c. punish people have committed crimes
d. help victims harmed by crime

9. To be enforceable, state criminal laws must be consistent with
a. civil law
b. substantive law
c. procedural law
d. the U.S. and State Constitutions

10. An ex post facto law is basically a
a. legislative infliction of criminal punishment without a trial
b. retroactive criminal statute
c. limitation on freedom of speech
d. federal criminal statute

11. A bill of attainder is
a. also known as an ex post facto law
b. a legislative act that inflicts punishment without a trial
c. a retroactive criminal statute
d. a type of international law

12. The due process clause is found in the _____ Amendment of the U.S. Constitution
a. First
b. Fourth
c. Eighth
d. Fourteenth

13. What is the name of the inherent power of every state and local government, subject to constitutional limits, to enact criminal laws?
a. police power
b. constitutional authority
c. bill of attainder
d. constitutional power

14. Which branch of the government enacts criminal laws?
a. the legislative branch
b. the judicial branch
c. the executive branch
d. the state branch

15. A statute making heroin addiction, by itself, a crime would most likely
a. be upheld by the U.S. Supreme Court
b. be found unconstitutional
c. violate the overbreadth doctrine
d. conflict with present day drug statutes

16. A statute which punishes a status, or condition of disease, violates the
a. First Amendment
b. Fourth Amendment
c. Sixth Amendment
d. Eighth Amendment

17. The equal protection clause is found in the
a. First Amendment
b. Fourth Amendment
c. Eighth Amendment
d. Fourteenth Amendment

18. The equal protection clause applies
a. to criminal laws only
b. to civil laws only
c. to both criminal and civil laws
d. to federal laws, not state laws

19. Status crimes are criminal laws that punish a status, such as drug addiction, with no act requirement. The issue of status laws began when California passed a law making addiction to what drug a crime?
a. heroin
b. marijuana
c. cocaine
d. morphine

20. The Latin maxim nulla poena sine lege is also known as:
a. the principle of legality
b. the Fifth amendment principle
c. the retroactive prohibition principle
d. the legal principle of prohibition

21. Which branch of the government administers and enforces criminal laws?
a. the legislative branch
b. the judicial branch
c. the executive branch
d. the state branch

22. The _____ Amendment of the U.S. Constitution provides that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
a. First
b. Fifth
c. Eighth
d. Tenth

23. In the U.S., the supreme law of the land is considered to be
a. the constitution of each state
b. federal statutes
c. Presidential Executive Orders
d. the U.S. Constitution

24. Which branch of the government determines the constitutionality of laws or ordinances?
a. the legislative branch
b. the judicial branch
c. the executive branch
d. the state branch

25. Which of the following is true of the standards set by moral laws compared to those set by criminal laws?
a. The standards set by moral laws are generally higher than those set by criminal laws.
b. The standards set by moral laws are generally lower than those set by criminal laws.
c. The standards set by moral laws are generally the same as those set by criminal laws.
d. None of these answers are true

26. The first and earliest source of criminal laws was
a. common law
b. administrative regulations
c. constitutions
d. statutes

27. In the early 1600s, most colonists in North America
a. followed English common law
b. had only moral, not criminal laws
c. drafted new criminal statutes
d. addressed wrongs only in ecclesiastical courts

28. After the American Revolution, the first criminal statutes in this country
a. created new crimes unknown to English common law
b. adopted Roman law principles of crime
c. converted common law crimes into statutory crimes
d. incorporated the extensive penal codes of several European countries

29. All of the following are constitutional limitations on criminal laws except?
a. ex post facto laws
b. due process
c. void for vagueness
d. overbreadth doctrine

30. Which of the following type of crimes is punishable by one year or more in state prison?
a. felonies
b. misdemeanors
c. status crimes
d. common law crimes

TRUE/FALSE

1. An ex post facto law is a law which has a retroactive effect.

2. An alcoholic cannot be convicted for the offense of being drunk in a public place based upon the Eighth and Fourteenth Amendments.

3. Substantive criminal law deals with the minimum standards of behavior in society.

4. Agencies within the legislative branch of government administer and enforce laws.

5. The “prior notice” doctrine requires that fair warning be given in language that the ordinary person will understand.

6. Status crimes have no act requirement.

7. One reason a person would not commit a crime is that they fear arrest.

8. Police power is the inherent power of the federal government, subject to constitutional limits, to enact criminal laws.

9. One of the generally recognized goals of the criminal justice system is to protect society from dangerous and harmful people.

10. All states have abolished common law crimes.

COMPLETION

1. Law enforcement agencies are found in the ___________ branch of government.

2. The area of the civil law that is closest to the criminal law is _________ law.

ort

3. The principle of legality is that no act should be made criminal or punished without
warning in the form of legislative act.

4. The equal protection clause is found in the ______________ Amendment.

5. A statute which is unclear, ambiguous and uncertain may violate the doctrine of void for __________.

6. A legislative act that inflicts punishment without a trial is called a bill of ____________.

7. A ____________ asks the U.S. Supreme Court to review the decision of a lower court.

8. The ban on cruel and unusual punishment is found in the _____________ Amendment.

9. One of the generally recognized goals of the criminal justice system is to
people who have committed crimes.

10. If being a diabetic were a crime it would be a crime.