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LEG 320 Week 1 Quiz

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Page 1: LEG 320 Week 1 Quiz

8/19/2019 LEG 320 Week 1 Quiz

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LEG 320 Week 1 Quiz – Strayer NEW

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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..

d. defines the steps followed in processing a criminal case

!. 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 s#ill

 

$. 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

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%. &f 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

 

(. The )atin maxim nulla poena sine lege means

a. no law without punishment

 b. no punishment without a moral wrong

c. no punishment without lawd. no law without morality

*. +hich of the following is not  one of the four generally recogni,ed goals of the

criminal -ustice 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

 

. To be enforceable' state criminal laws must be consistent with

a. civil law

 b. substantive law

c. procedural law

d. the U.. and tate Constitutions

1/. 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 #nown as an ex post facto law b. a legislative act that inflicts punishment without a trial

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c. a retroactive criminal statute

d. a type of international law

12. The due process clause is found in the 00000 Amendment of the U..Constitution

a. irst

 b. ourth

c. ighth

d. ourteenth

13. +hat is the name of the inherent power of every state and local government'

sub-ect to constitutional limits' to enact criminal laws"

a. police power  b. constitutional authority

c. bill of attainder 

d. constitutional power 

1!. +hich branch of the government enacts criminal laws"

a. the legislative branch

 b. the -udicial branch

c. the executive branch

d. the state branch

1$. A statute ma#ing heroin addiction' by itself' a crime would most li#ely

a. be upheld by the U.. upreme Court

 b. be found unconstitutional

c. violate the overbreadth doctrine

d. conflict with present day drug statutes

1%. A statute which punishes a status' or condition of disease' violates the

a. irst Amendment

 b. ourth Amendment

c. ixth Amendment

d. ighth Amendment

1(. The eual protection clause is found in the

a. irst Amendment b. ourth Amendment

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c. ighth Amendment

d. ourteenth Amendment

1*. The eual 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

1. tatus crimes are criminal laws that punish a status' such as drug addiction'

with no act reuirement. The issue of status laws began when California

 passed a law ma#ing addiction to what drug a crime"a. heroin

 b. mari-uana

c. cocaine

d. morphine

2/. The )atin maxim nulla poena sine lege is also #nown as4

a. the principle of legality

 b. the ifth amendment principle

c. the retroactive prohibition principle

d. the legal principle of prohibition

21. +hich branch of the government administers and enforces criminal laws"

a. the legislative branch

 b. the -udicial branch

c. the executive branch

d. the state branch

 

22. The 00000 Amendment of the U.. Constitution provides that 56t7he powers

not delegated to the United tates by the Constitution' nor prohibited by it to

the tates' are reserved to the tates respectively' or to the people.8

a. irst

 b. ifth

c. ighth

d. Tenth

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23. &n the U..' the supreme law of the land is considered to be

a. the constitution of each state

 b. federal statutes

c. 9residential xecutive :rders

d. the U.. Constitution

 

2!. +hich branch of the government determines the constitutionality of laws or

ordinances"

a. the legislative branch

 b. the -udicial branch

c. the executive branch

d. the state branch

 

2$. +hich 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. ;one of these answers are true

 

2%. The first and earliest source of criminal laws was

a. common law

 b. administrative regulations

c. constitutions

d. statutes

2(. &n the early 1%//s' most colonists in ;orth America

a. followed nglish common law

 b. had only moral' not criminal laws

c. drafted new criminal statutes

d. addressed wrongs only in ecclesiastical courts

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2*. After the American <evolution' the first criminal statutes in this country

a. created new crimes un#nown to nglish common law

 b. adopted <oman law principles of crime

c. converted common law crimes into statutory crimes

d. incorporated the extensive penal codes of several uropean countries

2. 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

3/. +hich of the following type of crimes is punishable by one year or more instate prison"

a. felonies

 b. misdemeanors

c. status crimes

d. common law crimes

./E'5!LSE

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 drun# in a public

 place based upon the ighth and ourteenth Amendments.

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

society.

!. Agencies within the legislative branch of government administer and enforce

laws.

$. The 5prior notice8 doctrine reuires that fair warning be given in language that

the ordinary person will understand.

%. tatus crimes have no act reuirement.

(. :ne reason a person would not commit a crime is that they fear arrest.

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*. 9olice power is the inherent power of the federal government' sub-ect to

constitutional limits' to enact criminal laws.

 

. :ne of the generally recogni,ed goals of the criminal -ustice system is to

 protect society from dangerous and harmful people.

 

1/. All states have abolished common law crimes.

C$PLE.N

1. )aw enforcement agencies are found in the 00000000000 branch of

government.

2. The area of the civil law that is closest to the criminal law is 000000000 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.

!. The eual protection clause is found in the 00000000000000 Amendment.

$. A statute which is unclear' ambiguous and uncertain may violate the doctrine

of void for 0000000000.

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

 000000000000.

(. A 000000000000 as#s the U.. upreme Court to review the decision of a

lower court.

*. The ban on cruel and unusual punishment is found in the 0000000000000Amendment.

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. :ne of the generally recogni,ed goals of the criminal -ustice system is to

 people who have committed crimes.

1/. &f being a diabetic were a crime it would be a crime.