MIDTERM

Question 1

Alcohol intoxication can be used as what type of defense?

Answer 1

Excuse defense

Question 2

What are the basic functions of criminal law?

Answer 2

• Protect and punish

- Maintain and teach

Question 3

Which amendment protects against double jeopardy?

Answer 3

Fifth amendment

Question 4

What laws are responsible for the rules, orders and decisions of regulatory agencies?

Answer 4

Administrative laws

Question 5

What is Mens Rea?

Answer 5

The mental state, intent, or purpose

Question 6

What makes it possible to convict a person of a crime they did not actually convict?

Answer 6

Accomplice liability

Question 7

What do many states use to impose harsher penalties on certain crimes?

Answer 7

Attendant circumstances

Question 8

What amendment requires states to adhere to the Bill of Rights?

Answer 8

The Fourteenth Amendment

Question 9

The M’Naughten rule is?

Answer 9

A test for insanity

Question 10

List some justification defenses?

Answer 10

Duress, self-defense, necessity, entrapment and intoxication

Question 11

The purpose of the social function of the law is to?

Answer 11

Respect values and norms in society

Question 12

The body of law enacted by legislative bodies is called?

Answer 12

Case Law

Question 13

Lex Talionis is the concept of?

Answer 13

Retribution

Question 14

What is required for the defense of duress?

Answer 14

The threat must be of serious bodily harm or death, greater than harm caused by the crime, immediate and inescapable.

Question 15

The legal function go the law is to?

Answer 15

Maintain social order by protecting citizens from criminal harm.

Question 16

Race in a hate crime can be attendant circumstances or what when it comes to a criminal act?

Answer 16

Motive

Question 17

Unlawful pressure causing a person to perform an act is?

Answer 17

Duress

Question 18

Procedural due process prevents?

Answer 18

Unfair practices by powers of the government

Question 19

A wrongful mental state is known as?

Answer 19

Mens Rea

Question 20

What amendment contains the prohibition against double jeopardy?

Answer 20

The Fifth Amendment

Question 21

What amendment provides that no person shall be deprived of life, liberty, or property without due process of law?

Answer 21

The Fifth Amendment

Question 22

Who determines whether an individuals due process rights have been violated?

Answer 22

The Supreme Court

Question 23

Which federal circuit has jurisdiction over cases involving patent law and cases where the United States is the defendant?

Answer 23

The 13 circuit courts

Question 24

Which court is a court of origination and appellate court?

Answer 24

The U.S. Supreme Court

Question 25

What type of requests does the Supreme Court issue to lower courts as an order to review the case record?

Answer 25

Writ of Certiorari

Question 26

What is found in U.S. Supreme Court decisions?

Answer 26

An opinion, a concurring opinion, and a descending opinion

Question 27

How many women have been confirmed and seated as U.S. Supreme Court justices?

Answer 27

4 women

Question 28

Who is the dominant figure in the courtroom workgroup?

Answer 28

The Judge

Question 29

Courts having appellate jurisdiction act as?

Answer 29

Questioning the law

Question 30

The court's crime control function emphasizes punishment and?

Answer 30

Punishment and retribution

Question 31

Which court is not considered a state specialty court?

Answer 31

Magistrate courts

Question 32

One criticism of merit selection is that?

Answer 32

There is a lack of diversity on the bench

Question 33

Case overload has been linked to?

Answer 33

Closure rates rise

Question 34

Which member of the courtroom workgroup is responsible for the large amount of paperwork which is generated during a trial?

Answer 34

The clerk of the court

Question 35

The term dual court system refers to?

Answer 35

An interrelated federal and state court system

Question 36

U.S. Supreme Court rulings are decided in?

Answer 36

Private conference

Question 37

Trial courts are concerned with?

Answer 37

Questions of a fact

Question 38

Which of the following is a part of the U.S. federal court system?

Answer 38

U.S. Tribunal Courts

Question 39

During pretrial activities a judge may handle what?

Answer 39

Probable clause for arrest, bond issues, and justification of detention 

Question 40

During pretrial activities the judge assumes the role of?

Answer 40

Negotiator

Question 41

State courts that have general jurisdiction are called what?

Answer 41

Municipal courts

Question 42

The bureaucratic function of the court is concerned with?

Answer 42

Speed and efficiency, processing cases