Comparative Criminal Justice Systems 5th Edition by Harry R. Dammer – Test Bank

 

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Sample Test

Chapter 3 – Families of Law

 

Multiple Choice

 

 

1.   The most typical form of borrowing from legal traditions is to combine aspects of which families of law?

2.   Common and Socialist

3.   Common and Civil

4.   Civil and Canon

5.   Civil and Socialist

 

ANS: B                       REF: 41                       OBJ: 2

 

2.   The international human rights movement emerged after World War II to prevent which type of incidents from occurring again?

3.   The Holocaust

4.   Global warming

5.   Spread of HIV/AIDS

6.   Valentine’s Day Massacre

 

ANS: A                       REF: 39                       OBJ: 1

 

3.   Law that is developed by modern states in their legislatures or through their regulatory process that deals largely with the relations between government and citizens is:

4.   Private Law

5.   Civil Law

6.   Public Law

7.   Criminal Law

 

ANS: C                       REF: 44                       OBJ: 3

 

4.   Law that regulates behavior between individuals is:

5.   Private Law

6.   Public Law

7.   Criminal Law

8.   Secular Law

 

ANS: A                       REF: 44                       OBJ: 3

 

5.   Judicial independence is characteristic of:

6.   Civil Law

7.   Socialist Law

8.   Common Law

9.   Islamic Law

 

ANS: C                       REF: 49                       OBJ: 2

 

6.   Which legal tradition is one that combines different aspects of more than one legal tradition:

7.   Civil Law

8.   Socialist Law

9.   Common Law

10.                Hybrid

 

ANS: D                       REF: 41                       OBJ: 2

 

7.   The Mesopotamian system is best known for the development for:

8.   Confucianism

9.   Germanic code

10.                Code of Hammurabi

11.                Talmudic law

 

ANS: C                       REF: 42                       OBJ: 1

 

8.   Approximately how many persons are included in the 3,000 indigenous nations present in the world today?

9.   200 million

10.                500 million

11.                500,000 thousand

12.                200,000 thousand

 

ANS: A                       REF: 43                       OBJ: 1

 

9.   The primary characteristic of Common Law that distinguishes it from Civil Law is:

10.                The scope of subject matter

11.                The complexity of application

12.                Its influence on legal education

13.                Its reliance on precedent

 

ANS: D                       REF: 50                       OBJ: 2

 

10.                The Roman Catholic Church developed its own law, which is called:

11.                Commercial Law

12.                Cannon Law

13.                Ten Commandments

14.                Civil Law

 

ANS: B                       REF: 46                       OBJ: 2

 

 

 

 

11.                Which Supreme Court case extended the exclusionary rule, formerly required in federal cases to states?

12.                Mapp v. Ohio

13.                Roe v. Wade

14.                Miranda v. Arizona

15.                Weeks v. United States

 

ANS: A                       REF: 51                       OBJ: 2

 

12.                Who was one of the major proponents of communism in the 1800’s?

13.                Friedrich Nietzsche

14.                Emile Durkheim

15.                Karl Marx

16.                Max Weber

 

ANS: C                       REF: 52                       OBJ: 2

 

13.                Socialist Law is historically grounded in:

14.                Civil Law Tradition

15.                Common Law Tradition

16.                Sacred Law Tradition

17.                It was never grounded in any other system of law

 

ANS: A                       REF: 53                       OBJ: 4

 

14.                Under Shari’a Law what is the punishment of last resort?

15.                Death

16.                Imprisonment

17.                Amputation

18.                Banishment

 

ANS: B                       REF: 60                       OBJ: 5

 

15.                The primary sources of Islamic Law are:

16.                Shari’a and Civil Law

17.                Sunnah and Qur’an

18.                Shari’a and Sunnah

19.                Shari’a and Mohammed

 

ANS: C                       REF: 58                       OBJ: 5

 

 

 

 

 

 

Sentence Completion

 

 

1.   The four major legal families found in the world today are ______________, _____________, _______________, and ____________.

 

ANS: Civil, common, socialist, sacred                       REF: 45                       OBJ: 2

 

2.   __________ is the only model country that can be considered a hybrid legal system.

 

ANS: Japan                 REF: 42                       OBJ: 2

 

3.   The oldest known legal system was the ______________ system.

 

ANS: Egyptian                       REF: 42                       OBJ: 2, 3

 

4.   ____________________ are native laws of persons who originate from or live in a particular area.

 

ANS: Indigenous laws                        REF: 43                       OBJ: 3

 

5.   ________________ is defined as an offense against the state rather than as a dispute between individuals.

 

ANS: Criminal law                 REF: 44                       OBJ: 3

 

6.   The _______________ tradition is the most pervasive legal tradition in the world.

 

ANS: Civil Law                      REF: 45                       OBJ: 2

 

7.   In the sixth century A.D., the Byzantine emperor Justinian arranged for the compilation and codification of the law then in force in the Roman world, the result was the __________________.

 

ANS: Corpus Juris Civilis                   REF: 45                       OBJ: 2, 3

 

8.   ______________ is a body of legislation that deals with the exchange of goods between cities or nations.

 

ANS: Commercial law                        REF: 46                       OBJ: 2, 3

 

9.   The Latin term _______________ is used in Common Law countries to signify the legal force of precedent.

 

ANS: Stare decisis                  REF: 49                       OBJ: 2

10.                ______________, which orders public servants to perform the duties that are part of their jobs, is an equity procedure that is common to us today.

 

ANS: Writ of mandamus                    REF: 50                       OBJ: 2

 

11.                The political, economic, and social term used to describe socialism is ______________.

 

ANS: communism                   REF: 52                       OBJ: 2, 4

 

12.                ____________________ is law that does not pertain to religion or any religious body.

 

ANS: Secular Law                  REF: 57                       OBJ: 5

 

13.                _______________ is based on the rules of conduct revealed by God with two primary sources: the Shari’a and the Sunnah.

 

ANS: Islamic Law                  REF: 58                       OBJ: 5

 

14.                _____________ are crimes against God, and are seen a violation of “natural law.”

 

ANS: Hudud crimes               REF:  60                      OBJ: 5

 

15.                Private wrongs against individuals or against society are called ________________.

 

ANS: tazirat crimes                 REF: 60                       OBJ: 5

 

 

 

TRUE/FALSE

 

 

1.   During the last 50 years, more widely shared notions of justice have emerged as countries have communicated through the United Nations and other regional and international organizations about issues of common concern.

 

ANS: T                        REF: 39                       OBJ: 1

 

2.   The families of law continue to guide the operation of the police, courts and corrections within individual countries.

 

ANS: T                        REF: 41                       OBJ: 1

 

3.   All modern legal systems combine written laws that place limits on behavior, and rules that derive from decisions about particular cases.

 

ANS: T                        REF: 41                       OBJ: 1

4.   The most typical form of borrowing is to combine some aspects of Sacred Law and Socialist Law.

 

ANS: F                        REF: 41                       OBJ: 2

 

5.   Examples of private law include constitutional law, criminal law and tax law.

 

ANS: F                        REF: 44                       OBJ: 3

 

6.   An example of a type of Civil Law would be the Ten Commandments.

 

ANS: T                        REF: 45                       OBJ: 2

 

7.   Napoleon Bonaparte rose to power in France and enacted a series of governmental reforms that significantly changed the administrative and legal structures of that country.

 

ANS: T                        REF: 46                       OBJ: 2

 

8.   Both the French and the German codes have been enormously influential in the development of law over the past two centuries.

 

ANS: T                        REF: 48                       OBJ: 2

 

9.   The Civil Law is more ancient, more complex and more difficult than the French and German codes.

 

ANS: F                        REF: 48                       OBJ: 2

 

10.                Equity courts arose out of the practice of appealing directly to the king to rule on cases that did not fit well into the Common Law structure.

 

ANS: T                        REF:  49                      OBJ: 2

 

11.                The United States and England still have separate equity courts to handle equity cases.

 

ANS: F                        REF: 50                       OBJ: 2

 

12.                Common Law is based on precedent and therefore law is not written down in one place within this tradition.

 

ANS: F                        REF: 50                       OBJ: 2

 

13.                The procurator has the same duties and roles in both the Socialist and Civil Law traditions.

 

ANS: F                        REF: 56                       OBJ: 4

14.                Throughout history religion and religious texts have always been important sources of influence on the law.

 

ANS: T                        REF: 57                       OBJ: 5

 

15.                Women are seen as equals to men under Islamic Law in terms of legal participation.

 

ANS: F                        REF: 60                       OBJ: 5

 

 

Short Answer

 

 

1.   List the six characteristics of Socialist Law that in general distinguish it from Civil Law.

 

ANS:                           REF: 54                                   OBJ: 4

 

• Public Law/ Private Law distinction
• The importance of economic crimes
• The educational or “social engineering” function of law
• The distinctive role of the procurator
• The distinction between political and nonpolitical justice
• The mitigated independence of the judiciary

 

2.   Give two examples of the historical origins of the legal traditions and explain how the examples are either of a code based system or a case based system.

 

ANS:                           REF: 41                                  OBJ: 2

 

• Biblical book of Exodus
• Ten commandments
• Code- based system
• Written rules that tell people what is and is not illegal and unethical behavior in the eyes of God.
• Tell people what behavior will be punished by the state- many governments have adopted religious traditions as part of their law
• King Solomon
• Case- based system
• Made it a practice to settle disputes between his subjects by having them appear in front of him and present their cases in person
• The biblical story of King Solomon’s ruling reflects a different kind of rule-making, one based on responding to case as they arise

 

 

 

 

3.   What is the difference between political and nonpolitical justice?

 

ANS:                           REF: 56                                   OBJ: 4

• Political justice- refers to the idea that it is possible to have a kind of justice that departs from a norm of impartiality and engages in some form of partiality that is determined by politics
• In Socialist law, a distinction is made between typical cases and those cases in which the state has a special interest that supersedes the interests of conventional justice
• Nonpolitical justice involves giving conventional justice matters the most importance
• Western law ideal- “equal justice under the law”

 

4.   Discuss the various types of laws: public law, private law, civil law and criminal law. Give an example of each.

 

ANS:                           REF: 44                                   OBJ: 3

 

• Public law – developed by modern states in their legislatures or through their regulatory process.
• Deals largely with the relations between governments and citizens
• – constitutional law, tax law, environmental law

 

• Private law – regulates behavior between individuals that involves no large public interest
• Most statutory law today is public law, designed to regulate the relationship between citizens and agencies of the government
• Contacts, torts, wills, marriage, and family matters

 

• Civil law – another term used to describe private law
• Dispute between individuals
• Not to be confused with the Civil Law tradition
• – workers compensation cases, liability, coverage

 

• Criminal law – offense against the state rather than as a dispute between
• The state- not the victim- is the aggrieved party, and the state has the responsibility to see that justice is done
• Standard of proof and details of procedure are more stringent in criminal law
• Ex – theft or robbery, in which there is a victim, the state is still responsible for seeking justice

 

 

 

 

 

Essays

 

 

1.   What are the primary differences between the Common Law and the Civil Law families?

 

ANS:                           REF: 52                                   OBJ: 2

 

• Civil Law Characteristics
• Law and procedure governed by comprehensive codes of rules to anticipate all situations
• Legal codes developed through scholarly analysis
• Appellate courts apply law according to legal codes with little interpretation
• Adjudication process designed to establish the truth
• Adjudication process run by lawyers and judges
• No presumption of innocence for the accused

 

• Common Law Characteristics
• Law and procedure governed by both law and case precedents, which use past cases to guide further decisions
• Laws and precedents based on the experience of practitioners form past cases
• Appellate courts develop law through their interpretation and decisions
• Adjudication process designed to culpability only within rules of evidence
• Citizens have direct input in their grand jury and trial jury roles
• Presumption of innocence for the accused

 

2.   Explain the importance of the French and German Civil Codes in the development of law during the past two centuries.

 

ANS:                           REF: 48                                   OBJ: 2

 

• Enormously influential in the development of law over the past two centuries
• Both codes were developed during a time of increasing industrialization and expansion of worldwide commerce and trade
• Common rules were needed to govern contracts and property
• Individual obligations and rights were needed to facilitate trade and were crucial in the development of modern industrial society
• Imperialism was at its height, fostering cross national adaptation of laws and legal structures
• As new countries formed and older countries look to modernize a full code of laws simplified the process
• Common legal codes, such as in France and Germany, help to unify new nations
• Provide an umbrella of legal rules, which can be adapted to local circumstances and local traditions

3.   Discuss the Sacred Law in terms of its other designation Islamic Law. Discuss the following: the two primary sources of Islamic Law, Crime and Punishment under Shari’a, and equality and Islamic Justice.

 

ANS:                           REF: 61                                   OBJ: 5

• In Saudi Arabia and most other Middle Eastern nations, the legal tradition is not actually called Sacred Law, but instead Islamic Law
• Islamic Law is based on the rules of conduct revealed by God with two primary sources: The Shari’a and Sunnah
• Shari’a- describes the actual law that is practiced in Saudi Arabia
• Sunnah- practices, habits, and saying of Muhammad, the prophet of Islam
• Crime and Punishment under Shari’a
• Hudud crimes- crimes against God- very serious and seen as violation of natural law. Ex’s- theft, robbery, blasphemy, rebellion
• Tazirat crimes- private wrongs against individuals or against society
• Murder, manslaughter, assault
• Hudud crimes- state initiates prosecution
• Tazirat crimes- the victims or heirs must bring a complaint and serve as prosecutor
• Sanctions are prescribed for crimes in the Qur’an and they are often harsh: emphasis on corporal and capital punishment
• Imprisonment is the punishment of last resort
• Equality and Islamic Justice
• Islamic law makes distinctions between men and women in many matters
• Although the situation has improved, some aspects still discriminate heavily against women
• Women do not count as witnesses for certain crimes or may count only as half as much as male witnesses
• Laws relating to religious practices, to finances and property, and marriage also discriminate against women

 

Chapter 4 – Six Model Nations

 

Multiple Choice

 

 

1.   Which of the following is not a part of England’s parliament?

2.   The Monarch

3.   The House of Lords

4.   The House of Commons

5.   The House of Councilors

 

ANS: D                       REF: 69                       OBJ: 4

 

2.   The major component of Parliament in England, which has 650 fixed elected members is:

3.   House of Lords

4.   House of Commons

5.   House of Councilors

6.   The Cabinet

 

ANS:  B                      REF: 69                       OBJ: 4

 

3.   France has a:

4.   Unitary Civil Law legal system

5.   Unitary Common Law legal system

6.   Federal Civil Law legal system

7.   Federal Common Law legal system

 

ANS: A                       REF: 73                       OBJ: 4

 

4.      The basic principles of the Criminal Law in France come from:

A.    The Criminal Law Act

B.     Criminal Justice Act

C.     The Declaration of the Rights of Man and of the Citizen

D.    The Magna Carta

 

ANS: C                       REF: 76                       OBJ: 4

 

5.   Which of the following is not a comparison between France and the United States?

6.   Both were developed after a revolution

7.   Both are republican in style

8.   Most power in both countries remains embedded in a centralized form of government

9.   Both are rooted in a written constitution

 

ANS: C                       REF: 77                       OBJ: 5

 

6.   Power in Germany is:

7.   Centralized in the federal government

8.   Decentralized in the state governments

9.   Centralized in the executive branch of the government

10.                Distributed between the federal and state governments

 

ANS: D                       REF: 78                       OBJ: 4

 

7.   Germany is divided into 16 states, called:

8.   Bundestag

9.   Lander

10.                Landegesetz

11.                Vergehen

 

ANS: B                       REF: 78                       OBJ: 4

 

8.   Which of the following is not one of the three most important contemporary influences on the criminal justice system in Germany?

9.   Problem of drugs and crime

10.                Extensive immigration from bordering countries

11.                Constant threat of terrorism

12.                Ethnic violence and hate crimes

 

ANS: C                       REF: 79                       OBJ: 3

 

9.   The primary organs of governmental power in China include all of the following, except:

10.                National People’s Congress

11.                The presidency

12.                The State Council

13.                The Supreme Court of China

 

ANS: D                       REF:  81                      OBJ: 4

 

10.                In Confucian ethics, the main force behind motivating people to avoid illegal or immoral activities is:

11.                Retribution

12.                Group consciousness

13.                Rehabilitation

14.                Harsh punishment

 

ANS: B                       REF: 82                       OBJ: 1, 4

 

 

 

 

 

11.                Which of the following is not a part of China’s centrally monitored criminal justice system?

12.                The procuratorate

13.                Police

14.                Corrections

15.                Preffectorate

 

ANS: D                       REF: 85                       OBJ: 4

 

12.                Japan’s constitution is modeled after:

13.                The German constitution and Chinese culture

14.                The American and British constitutions

15.                The Chinese constitution and American Bill of Rights

16.                The American constitution and the British Parliamentary system

 

ANS: D                       REF:  87                      OBJ: 1

 

13.                The primary crime problem in Japan is:

14.                Juvenile crime

15.                Domestic violence

16.                Organized crime

17.                Economic crime

 

ANS: C                       REF: 88                       OBJ: 2

 

14.                The two issues of concern related to crime in Saudi Arabia are:

15.                Terrorism and human trafficking

16.                Human trafficking and drug trafficking

17.                Terrorism and drug trafficking

18.                Drug trafficking and hate crimes

 

ANS: A                       REF: 92                       OBJ: 2

 

15.                Who is the chief of state and head of government in Saudi Arabia?

16.                The president

17.                The king

18.                The chancellor

19.                The prime minister

 

ANS: B                       REF: 90                       REF: 1

 

 

 

 

 

 

Sentence Completion

 

 

1.   ________________ is the mixing of more than one system of law in a country or section of a country.

 

ANS: Legal pluralism                         REF: 69                       OBJ: 1

 

2.   The name of crime data in England that is akin to the NCVS in the United States is called the ____________________.

 

ANS: British Crime Survey                            REF: 71                       OBJ: 3

 

3.   A ___________ is a person who is the sole and absolute ruler of a country, such as a king, queen or emperor.

 

ANS: Monarch                        REF: 69                       OBJ: 1

 

4.   Keeping order in England is a shared responsibility between the _____________ and ___________ government.

 

ANS: National, Local             REF: 72                       OBJ: 3

 

5.   The French Republic, with a population of over 65 million is divided into _______ administrative regions.

 

ANS: 22                      REF: 74                       OBJ: 3

 

6.   France maintains a strong ______________ government style, in which a president heads the government but the main power remains in the hands of the citizens, who vote for representatives who are then responsible for the electorate.

 

ANS: Republican                    REF: 74                       OBJ: 3

 

7.   The police in France are generally divided into two bodies: the ________________and the ____________.

 

ANS: Police nationale, Gendarmerie              REF: 77                       OBJ: 4

 

8.   German criminal code distinguishes between ___________ and _______________.

 

ANS: Felonies, Misdemeanors                                   REF: 80                       OBJ: 4

 

 

 

9.   Due to the increase in immigration a major crime problem facing Germany is currently ___________.

 

ANS: ethnic violence              REF:  79                      OBJ: 2

 

10.                ________________ is one of the world’s most populous nations and one of the world’s oldest civilizations with thousands of years of continuous history.

 

ANS: China                            REF: 81                       OBJ: 1

 

11.                In reality, all levels of the Chinese government are subordinate to the _______________________ , meaning the real role of government is to implement party

 

ANS: Chinese Communist Party                    REF: 81                       OBJ: 1

 

12.                In response to crime increases, the Chinese government initiated different anticrime crackdowns or “strike hard” campaigns, called __________.

 

ANS: Yanda                           REF: 83                       OBJ: 3

 

13.                Organized crime, or __________________ in Japanese, is known to be a crime problem in Japan and was a main reason for crime increases in recent years.

 

ANS: Boryokudan                  REF: 88                       OBJ: 2

 

14.                Saudi Arabia has formed a _________________, in which the government plays a key role in the protection and promotion of the economic and social well-being of its citizens.

 

ANS: Welfare state                 REF: 90                       OBJ: 1

 

15.                The two nations that do not have a formal written constitution are _____________ and____________________.

 

ANS: England, Saudi Arabia             REF: 70, 91                             OBJ: 1