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CHAPTER 1
CRIMINAL LAW: PURPOSES, SCOPE, AND SOURCES
MULTIPLE CHOICE
1. An example of
private law is
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a.
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criminal law
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b.
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criminal procedure
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c.
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divorce
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d.
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Constitutional law
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2. The law of
criminal procedure deals with
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a.
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the law followed in the investigation and processing of a crime
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b.
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the definition of
crimes
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c.
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contractual issues
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d.
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torts
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3. The substantive
criminal law
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a.
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defines the standards of conduct for protection of the community
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b.
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is an important
branch of private law
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c.
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is no longer
followed in the U.S.
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d.
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defines the steps
followed in processing a criminal case
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4. A person might
commit a crime for any of the following reasons except?
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a.
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fear of arrest and
punishment
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b.
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insufficient moral or ethical restraints
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c.
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peer pressure
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d.
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opportunity
combined with capacity and skill
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5. A tort is
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a.
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a public wrong
against society
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b.
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a civil wrong done to a person or her property
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c.
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a crime
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d.
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always a moral
wrong
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6. If a person
intentionally damages a building owned by another person, this action
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a.
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is a crime, but not
a tort
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b.
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is a tort, but not
a crime
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c.
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is neither a tort
nor a crime
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d.
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is both a tort and a crime
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7. The Latin maxim nulla
poena sine lege means
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a.
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no law without
punishment
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b.
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no punishment
without a moral wrong
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c.
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no punishment without law
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d.
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no law without
morality
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8. Which of the
following is not one of the four generally recognized goals of the
criminal justice system?
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a.
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discourage people
from committing crimes
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b.
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protect society form dangerous people
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c.
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punish people have
committed crimes
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d.
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help victims harmed
by crime
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9. To be enforceable,
state criminal laws must be consistent with
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a.
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civil law
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b.
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substantive law
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c.
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procedural law
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d.
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the U.S. and State Constitutions
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10. An ex post facto law
is basically a
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a.
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legislative
infliction of criminal punishment without a trial
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b.
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retroactive criminal statute
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c.
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limitation on
freedom of speech
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d.
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federal criminal
statute
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11. A bill of attainder
is
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a.
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also known as an ex
post facto law
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b.
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a legislative act that inflicts punishment without a trial
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c.
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a retroactive
criminal statute
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d.
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a type of
international law
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12. The due process
clause is found in the _____ Amendment of the U.S. Constitution
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a.
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First
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b.
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Fourth
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c.
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Eighth
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d.
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Fourteenth
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13. What is the name of
the inherent power of every state and local government, subject to
constitutional limits, to enact criminal laws?
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a.
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police power
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b.
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constitutional
authority
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c.
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bill of attainder
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d.
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constitutional
power
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14. Which branch of the
government enacts criminal laws?
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a.
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the legislative
branch
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b.
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the judicial branch
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c.
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the executive branch
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d.
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the state branch
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15. A statute making
heroin addiction, by itself, a crime would most likely
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a.
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be upheld by the
U.S. Supreme Court
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b.
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be found unconstitutional
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c.
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violate the
overbreadth doctrine
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d.
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conflict with
present day drug statutes
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16. A statute which
punishes a status, or condition of disease, violates the
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a.
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First Amendment
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b.
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Fourth Amendment
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c.
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Sixth Amendment
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d.
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Eighth Amendment
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17. The equal
protection clause is found in the
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a.
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First Amendment
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b.
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Fourth Amendment
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c.
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Eighth Amendment
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d.
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Fourteenth Amendment
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18. The equal
protection clause applies
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a.
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to criminal laws
only
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b.
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to civil laws only
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c.
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to both criminal and civil laws
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d.
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to federal laws,
not state laws
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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?
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a.
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heroin
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b.
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marijuana
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c.
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cocaine
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d.
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morphine
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20. The Latin maxim nulla
poena sine lege is also known as:
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a.
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the
principle of legality
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b.
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the Fifth amendment
principle
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c.
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the retroactive
prohibition principle
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d.
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the legal principle
of prohibition
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21. Which branch of the
government administers and enforces criminal laws?
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a.
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the legislative
branch
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b.
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the judicial branch
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c.
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the executive branch
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d.
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the state branch
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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.”
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a.
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First
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b.
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Fifth
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c.
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Eighth
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d.
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Tenth
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23. In the U.S., the
supreme law of the land is considered to be
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a.
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the constitution of
each state
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b.
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federal statutes
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c.
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Presidential
Executive Orders
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d.
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the U.S. Constitution
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24. Which branch of the
government determines the constitutionality of laws or ordinances?
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a.
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the legislative
branch
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b.
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the judicial branch
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c.
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the executive branch
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d.
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the state branch
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25. Which of the
following is true of the standards set by moral laws compared to those set by
criminal laws?
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a.
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The standards set
by moral laws are generally higher than those set by criminal laws.
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b.
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The standards set
by moral laws are generally lower than those set by criminal laws.
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c.
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The standards set
by moral laws are generally the same as those set by criminal laws.
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d.
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None of these answers are true
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26. The first and
earliest source of criminal laws was
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a.
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common law
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b.
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administrative
regulations
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c.
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constitutions
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d.
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statutes
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27. In the early 1600s,
most colonists in North America
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a.
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followed English common law
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b.
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had only moral, not
criminal laws
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c.
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drafted new
criminal statutes
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d.
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addressed wrongs
only in ecclesiastical courts
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28. After the American
Revolution, the first criminal statutes in this country
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a.
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created new crimes
unknown to English common law
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b.
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adopted Roman law
principles of crime
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c.
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converted common law crimes into statutory crimes
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d.
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incorporated the
extensive penal codes of several European countries
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29. All of the
following are constitutional limitations on criminal laws except?
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a.
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ex post facto laws
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b.
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due process
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c.
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void for vagueness
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d.
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overbreadth
doctrine
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30. Which of the
following type of crimes is punishable by one year or more in state prison?
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a.
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felonies
|
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b.
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misdemeanors
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c.
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status crimes
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d.
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common law crimes
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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.
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.
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