Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
True / False
1. An ex post facto law is a law which has a retroactive effect.
a. True
b. False
2. An alcoholic cannot be convicted for the offense of being drunk in a public place based upon the Eighth and
Fourteenth Amendments.
a. True
b. False
3. Substantive criminal law deals with the minimum standards of behavior in society.
a. True
b. False
4. Agencies within the legislative branch of government administer and enforce laws.
a. True
b. False
5. The“priornotice”doctrinerequiresthatfairwarningbegiveninlanguagethattheordinarypersonwillunderstand.
a. True
b. False
6. Status crimes have no act requirement.
a. True
b. False
7. One reason a person would not commit a crime is that they fear arrest.
a. True
b. False
8. Police power is the inherent power of the federal government, subject to constitutional limits, to enact criminal
laws.
a. True
b. False
9. One of the generally recognized goals of the criminal justice system is to protect society from dangerous and
harmful people.
a. True
b. False
10. All states have abolished common law crimes.
a. True
b. False
11. 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
12. The_____AmendmentoftheU.S.Constitutionprovidesthat“[t]hepowersnotdelegatedtotheUnitedStates
bytheConstitution,norprohibitedbyittotheStates,arereservedtotheStatesrespectively,ortothepeople.”
a. First
b. Fifth
c. Eighth
d. Tenth
13. 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
14. 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
15. 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
16. The first and earliest source of criminal laws was
a. common law
b. administrative regulations
c. constitutions
d. statutes
17. Common law crimes in England were created by
a. judges
b. society
c. prosecutors
d. the king or queen
18. After the American Revolution, the source of much of the statutory crimes in this country came from
a. newly created crimes unknown to English common law
b. Roman law principles of crime
c. converted common law crimes
d. the extensive penal codes of several European countries
19. All of the following are constitutional limitations on criminal laws except?
a. ex post facto laws
b. bill of attainder
c. due process
d. overbreadth doctrine
20. Crime that is created by government administrative agencies under specific authority or guidelines granted to it by
legislative bodies is called
a. administrative crime
b. statutory crime
c. common law crime
d. judicial crime
21. An example of private law is
a. criminal law
b. criminal procedure
c. divorce
d. Constitutional law
22. 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
23. 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
24. 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
25. 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
26. 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
27. 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 for it
d. no law without morality
28. 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
29. 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
30. 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
31. 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
32. The due process clause is found in the _____ Amendment of the U.S. Constitution
a. First
b. Fourth
c. Eighth
d. Fourteenth
33. 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
34. Which branch of the government enacts criminal laws?
a. the legislative branch
b. the judicial branch
c. the executive branch
d. the state branch
35. 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
36. An unnecessarily broadly written law the invades the area of protected freedoms would be deemed
unconstitutional on what grounds?
a. due process
b. bill of attainder
c. void of vagueness doctrine
d. overbreadth doctrine
37. The equal protection clause of the Fourteenth Amendment requires that
a. states treat all people as individuals
b. states treat all people generously
c. private groups treat all people alike
d. states treat all people alike
38. 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
39. 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
40. The Latin maxim nulla poena sine lege, also known as the principle of legality, requires that
a. there be no retroactive definition of criminal behavior by judicial decision
b. statutory definitions of crime be made with judicial concurrence
c. laws be written in plain English
d. crimes must be committed before a law can be written which outlaws it
Completion
41. Law enforcement agencies are found in the ___________ branch of government.
42. The area of the civil law that is closest to the criminal law is _________ law.
43. The equal protection clause is found in the ______________ Amendment.
44. A statute which is unclear, ambiguous and uncertain may violate the doctrine of void for __________.
45. A legislative act that inflicts punishment without a trial is called a bill of ____________.
46. A ____________ asks the U.S. Supreme Court to review the decision of a lower court.
47. The ban on cruel and unusual punishment is found in the _____________ Amendment.
48. One of the generally recognized goals of the criminal justice system is to ____ people who have committed
crimes.
49. If being a diabetic were a crime it would be classified as a ____ crime.
50. The document signed by King John in 1215 giving certain rights to his nobles is the _____.
Essay
51. Discuss some of the differences that result depending upon whether a crime is classified as a felony or a
misdemeanor.
52. Compare and contrast public law and private law. What are the differences between criminal law and tort law?
53. Compare and contrast reasons why a person might commit a crime as opposed to reasons why a person might
not commit a crime.
54. Describe the following general constitutional limitations on criminal laws: DueProcess,“VoidforVagueness”,and
the Overbreadth Doctrine.
55. What is the meaning of police power?
56. Explain how English common law developed. Trace the history of the common law in the United States. Where
aremostoftoday’slawsdefined?
57. Define, compare and contrast the four main goals or purposes of the criminal justice system.
58. What are the three branches of government? What is the responsibility of each of the branches with regards to the
criminal law?
59. What are the general limitations on the exercise of police power? How does the Tenth Amendment relate to
police power?
60. What is the meaning of nulla poena sine lege? How does it limit the police power of the state?
