30 Copyright 2015 Cengage Learning . All Rights Reserved.

30 Copyright © 2015 Cengage Learning ®. All Rights Reserved.

PART III

TEST BANK

CHAPTER 1

1.Which of the following is not true about the distinction between civil and criminal law?a.A purpose of civil law is to compensate individuals for injuries caused by others.b.A purpose of criminal law is to deter future misconduct.c.A purpose of civil law is to punish individuals for misconduct.d.A purpose of criminal law is to punish individuals for misconduct.

2.A court of record is one that a.maintains a comprehensive filing system.b.keeps verbatim records of its hearings and trials.c.maintains docket sheets.d.is an intermediate level appellate court and above.

3.Judicial review is best defined as a.a review of a trial court’s actions by an appellate court.b.the authority of a court to hear a case.c.an evaluation of a judge’s behavior by a judicial disciplinary panel.d.the power of the judicial branch to review the actions of the executive and legislative branches.

4.Separation of powers refers to a.the division of power between the federal government and the states.b.the division of power between the executive, legislative, and judicial branches of government.

c.the division of power between the two levels of courts: the trial and the

appellate.d.the division of power between the various law enforcement agencies of the federal government.

5.Which of the following best describes the responsibility of the executive branch in criminal law?a.The detection, investigation, and prosecution of criminals b.The determination of what behavior is criminal c.The creation of written law prohibiting behavior found to be dangerous or undesirable by society

• The trial of alleged criminals

Test Bank Answers At the end of Test Bank (Criminal Law and Procedure, 7e Daniel Hall) 1 / 4

Test Bank 31 Copyright © 2015 Cengage Learning ®. All Rights Reserved.

• A court of general jurisdiction has the authority to hear
• all cases arising under state law, whether civil or criminal.
• all criminal cases arising under state law.
• all civil cases arising under state law.
• all civil cases or all criminal cases arising under state law.
• The burden of proof in most civil cases is
• preponderance of the evidence.
• clear and convincing evidence.
• beyond a reasonable doubt.
• beyond a shadow of a doubt.
• The burden of proof in criminal cases is
• preponderance of the evidence.
• clear and convincing evidence.
• beyond a reasonable doubt.
• beyond a shadow of a doubt.
• Which of the following is the least desirable goal of criminal law?
• Deterrence
• Retribution
• Incapacitation
• Rehabilitation
• In what case did the U.S. Supreme Court hold that due process expects punitive damages

to be reasonable, considering: (1) the degree of reprehensibility of conduct, (2) the disparity between actual harm and the punitive award, and (3) a comparison of the award to similar civil or criminal penalties?

• State Farm v. Campbell
• Exxon Shipping Co. v. Baker
• Phillip Morris U.S.A. v. Williams
• BMW v. Gore
• T or F: The Framers of the United States Constitution intended for the federal

government to hold most governmental powers.

• T or F: The constitutional prohibition of double jeopardy was intended to preclude two

trials or punishments by the same jurisdiction, not by multiple jurisdictions.

• T or F: Most law-enforcement activities in the United States are performed by federal

officers. 2 / 4

32 Test Bank Copyright © 2015 Cengage Learning ®. All Rights Reserved.

• T or F: A person who commits a battery may be held liable in both civil and criminal

courts.

• T or F: The Supreme Court of the United States agrees to hear only a small percentage of

the cases appealed to it.

16. T or F: Punitive damages may be awarded only in criminal cases.

17. T or F: Only the government may file criminal charges.

• T or F: The Tenth Amendment to the United States Constitution grants certain rights to

the states and reserves all other rights for the federal government.

19. T or F: A person injured by another’s negligence may sue in tort law.

• T or F: Criminal law involves delicate balancing between civil liberties and the need to

protect society.

• The United States is divided into two sovereign forms of government. What are these

forms? Identify the two terms that are commonly used to identify this division of power.

• What is a sidebar in a trial? What is its purpose?
• Under what circumstances does concurrent jurisdiction exist?
• Oscar hired a contractor to build a new carport outside his home. The contractor took

full payment, worked one day, and then never returned. She is not responding to any of Oscar’s phone messages or emails. Would this case be easier to prove as a civil case or as a criminal case? Explain.

• Why did the Supreme Court invalidate the Gun-Free Zone Act of 1990? Why was the

Brady Handgun Protection Act invalidated in Printz v. United States in 1977?

• Identify four purposes of punishing those who violate criminal law.

CHAPTER 2

• As a field of law, criminal law defines
• the process of law enforcement.
• the rights of those accused of criminal conduct.
• what a crime is.
• the procedure for defending against a criminal accusation.
• Vital to the existence of common law is the concept of
• federalism.
• stare decisis.
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Test Bank 33 Copyright © 2015 Cengage Learning ®. All Rights Reserved.

• jurisdiction.
• the principle of legality.
• Which of the following sources of law is not responsible for defining criminal conduct?
• Court rules
• Administrative law
• Statutory law
• Ordinances
• The Model Penal Code
• is the penal law of the United States.
• is a code drafted by scholars with the hope that the states would consider its

ratification.

• is a code drafted by the New York legislature that has been adopted by many

other states.

• is a code drafted by scholars for use in academic settings only.
• Which of the following statements is true?
• The common law is the oldest form of law in the United States and may be

changed only by the Constitution.

• The common law is the oldest form of law in the United States and may be

changed by legislative command or constitutional provision.

• The common law has been completely abolished in the United States.
• The common law may be changed by any other form of law.
• What does the principle of legality require of the government?
• Notice that conduct is illegal before the conduct occurs
• Notice of the right to appeal after conviction
• Notice of the taking of property
• None of the above
• What is the source of most penal law today?
• Constitution of the United States
• Constitutions of the states
• Federal statutes
• State statutes and local ordinances
• Laws created by administrative agencies are known as
• constitutions.
• statutes.
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