Chapter 4 General Questions

Question 1

nullum crimen, nulla poena sine praevia lege poenali

Answer 1

No crime, no punishment without a previous penal law. This protects against retroactive punishment

Question 2

Fair treatment through the normal judicial system, especially as a citizen’s entitlement.

Answer 2

Due Process

Question 3

Separation of Powers

Answer 3

Executive, (President and about 5,000,000 workers) Legislative (Senate and House of Representatives) and Judicial (Supreme Court and lower Courts).

Question 4

Prohibition of applying laws retroactively

Answer 4

ex post facto

Question 5

Relationship in criminal law is between which two entities?

Answer 5

Government (state or federal) vs. Citizen or corporation

Question 6

Punishment must fit the crime

Answer 6

Proportionality

Question 7

Year of the Code of Hemmorabe

Answer 7

1780 B.C.

Question 8

Common law is based off of ________.

Answer 8

Precedent (stare decisis)

Question 9

What is the governmenting document of this country?

Answer 9

The Constitution

Question 10

The dual system of government is referred to as…?

Answer 10

Federalism

Question 11

First ten amendments to the constitution

Answer 11

Bill of Rights

Question 12

The Bill of Rights contains…?

Answer 12

Civil Liberties

Question 13

What civil liberties does Montana have that other states do not?

Answer 13

The Right to a clean environment, the right to privacy

Question 14

Are any civil liberties absolute?

Answer 14

No.

Question 15

Third Amendment

Answer 15

Ordering: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Question 16

Right to Counsel (amendment?)

Answer 16

Effective Counsel, Sixth Amendment

Question 17

Who was denied a right to effective counsel?

Answer 17

Gideon

Question 18

Capital punishment is argued to be….?

Answer 18

Cruel and Unusual

Question 19

Is anyone above the law?

Answer 19

Nope. Not even Nixon.

Question 20

If a law is passed, then overturned, what is the most likely reason?

Answer 20

The law was declared Unconstitutional.

Question 21

Ordering for Appellate books

Answer 21

US: Volume, US Supreme Court, Page Number, Year
Montana: Chapter, Paragraph, Page Number

Question 22

A rule or order issued by the president to an executive branch of the government and having the force of law

Answer 22

Executive Order

Question 23

When convicted of a crime, one will face…?

Answer 23

Incarceration and/or fines

Question 24

A civil case will result in…?

Answer 24

Money Damages

Question 25

You cannot try someone for the same criminal act in the same court twice.

Answer 25

Double Jeopardy

Question 26

Who has the Burden of Proof in a criminal case?

Answer 26

The prosecution, unless someone is using an affirmative defense. The prosecution must prove the case beyond a reasonable doubt.

Question 27

What is the burden of proof requirement for a civil case?

Answer 27

Preponderance (51%)

Question 28

What can happen when an individual has multiple misdemeanors?

Answer 28

Misdemeanors can stack and become felonies

Question 29

Conspiracy requires…?

Answer 29

Two or more people, and an overt act

Question 30

Can someone back out of conspiracy?

Answer 30

Yes, but they must take an active step toward backing out before the crime is committed.