ANS: F PTS: 1 REF: I, B

Criminal Law and Procedure for the Paralegal, 4e James McCord, Sandra McCord, Suzanne Bailey

(Test Bank all Chapter)

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Chapter 1 Foundations of Criminal Law

TRUE/FALSE

• Enumerated powers are those powers given to the states in the U.S. Constitution.

ANS: F PTS: 1 REF: I, B

• The Necessary and Proper clause is a constitutional provision that allows Congress to enact all laws it

deems appropriate for it to carry out the powers and functions granted to it by the Constitution.

ANS: T PTS: 1

• Many of the rights embodied in the Bill of Rights have been selectively incorporated and thus are

applicable to the states as well as the federal government.

ANS: T PTS: 1 REF: II, B

• The federal government is divided into three branches, the legislative branch, the presidential branch

and the judicial branch.

ANS: F PTS: 1 REF: II, C

• The Tenth Amendment is the basis for the police powers held by the states and allows the states broad

powers that include the power to determine what constitutes a crime and how it should be punished.

ANS: T PTS: 1 REF: II, D

• Civil law identifies conduct subject to prosecution and penalty by the state and the procedure that must

be followed to do so.

ANS: F PTS: 1 REF: III, A

• John stole Brian’s lawnmower. John can be charged under the criminal laws of the jurisdiction, as

well as be sued civilly by Brian in order for Brian to recover for his monetary loss.

ANS: T PTS: 1 REF: III, A

• The U.S. legal system has predominately English common law roots, but the Romans contributed with

their historical use of large citizen juries that defined the rights of citizens in a democracy.

ANS: F PTS: 1 REF: II, B

• The rule of law is the principle that the courts are the best entities to determine the law and apply it to

cases brought before it.

ANS: T PTS: 1 REF: III, B

• If there is a conflict between federal law and state law the U.S. Constitution requires, in general, that

the federal law be considered the supreme law of this country.

ANS: T PTS: 1 REF: III, E 2 / 4

• State government officials are required to uphold the U.S. Constitution.

ANS: T PTS: 1 REF: II,B

• State laws must comply with the U.S. Constitution.

ANS: T PTS: 1 REF: II, B

• Most criminal law proceedings take place at the national level.

ANS: F PTS: 1 REF: II, B

• The judicial branch of government interprets the law.

ANS: T PTS: 1 REF: II, C

• Criminal rules of procedure are similar to civil rules of procedure.

ANS: T PTS: 1 REF: III, A

• Stare decisis is church law that originated in the Middle Ages.

ANS: F PTS: 1 REF: III.B

• Violations of administrative regulations, such as safety standards, can be subject to criminal sanctions.

ANS: T PTS: 1 REF: III, D

• Conduct is not criminal unless it is defined as criminal.

ANS: T PTS: 1 REF: III, H

• A felony is a crime requiring a minimum one-year prison sentence.

ANS: T PTS: 1 REF: III, I

• Petty offenses are minor misdemeanors.

ANS: T PTS: 1 REF: III, I

• Treason is a capital offense.

ANS: T PTS: 1 REF: III, I

MULTIPLE CHOICE

• The state of Texas is negotiating with Mexico in an attempt to enter into a new treaty that will regulate

trade between the state and Mexico. The federal government is objecting to this potential treaty, claiming that it is the only U.S. entity that can enter into a treaty regarding trade. The power the federal government is claiming is

• state police power
• Supremacy Clause power 3 / 4

• enumerated power
• duel sovereignty power

ANS: C PTS: 1 REF: II, B

• One goal of punishment is the prevention of crime, whether it is an attempt to discourage a specific

individual or society as a whole. This goal is called

• deterrence
• recidivism
• retribution
• detention

ANS: B PTS: 1 REF: IV, C

• Jane was convicted of breaking and entering Sara’s home. Sara was angry and puzzled by Jane’s act

and spoke to the prosecutor about her concerns. At sentencing the prosecutor asked the judge to use a sentencing method that required Jane to play a role in repairing the harm done to Sara. This sentencing method is called

• personal justice
• individual justice
• relational justice
• restorative justice

ANS: D PTS: 1 REF: IV, D

• A misdemeanor that is punished by a maximum of six months jail time or $500 fine, or both, is a
• capital crime
• felony offense
• misdemeanor violation
• petty offense

ANS: C PTS: 1 REF: III, I

• A crime that is not inherently evil, but is sufficiently bad to have been prohibited by law is
• mala in se
• stare decisis
• mala prohibita
• ex post facto

ANS: A PTS: 1 REF: III, I

• Paralegals find criminal law employment in
• a wide variety of law office and administrative settings
• private practice only
• government offices only
• administrative offices only

ANS: A PTS: 1

• The rule of law
• is most easily seen in dictatorships
• is established in our country by the U.S. Constitution
• allows people to live without restrictions
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