LAW Midterm - Multiple Choice Introduction to Law PDF

lOMoARcPSD|32623837 LAW Midterm - Multiple choice introduction to law Introduction to Laws (Trường Đại học Ngoại thương) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Ng?c Th?o...

lOMoARcPSD|32623837 LAW Midterm - Multiple choice introduction to law Introduction to Laws (Trường Đại học Ngoại thương) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Ng?c Th?o Hoàng ([email protected])  lOMoARcPSD|32623837 CRIMINAL AND CIVIL LAW 1. Even if there are no procedural problems and the evidence proves beyond a reasonable doubt that the defendant is guilty, the jury may refuse to return a guilty verdict. This process is called: A. a mistrial B. an acquittal by the jury C. jury nullification D. a pardon by the jury 2. A prosecutor must often decide whether or how to: A. file charges B. impose sentences C. punish for disciplinary infractions D. do all these 3. The burden of proof required in a criminal case for the prosecution to prove its allegations is: A. preponderance of the evidence B. beyond a reasonable doubt C. clear and convincing evidence D. probable cause 4. _______ is based upon the assumption that behavior is rational and that criminal behavior can be prevented if people are afraid of the penalties. A. Rehabilitation B. Incapacitation C. Retribution D. Deterrence 5. Much of our civil and criminal laws are derived from the: A. English common law B. Model Penal Code C. inquisitorial system D. adversarial system 6. A defendant who has an adverse ruling and appeals the trial court decision to a higher court is known as the: A. appellee B. plaintiff C. appellant D. defendant 7. Laws that come from the decisions of judges are called ______________law. A. case B. statutory C. common D. procedural 8. A body of regulations and rules that come from administrative agencies is called _________ law. A. substantive B. procedural C. case D. administrative 9. The __________________ has broad discretion in deciding the offense (or offenses) with which to charge the accused. Downloaded by Ng?c Th?o Hoàng ([email protected])  lOMoARcPSD|32623837 A. judge B. defense attorney C. prosecutor D. jury 10. An act or behavior that is base, vile, and immoral is a: A. misdemeanor B. crime of moral turpitude C. felony D. petty offense 11. law that retroactively alters the definition of crimes or increases the punishment for criminal acts is known as ___________. A. common law B. ex post facto law C. criminal law D. bill of attainder 12. A legislative act that inflicts punishment without a judicial trial is a: A. bill of attainder B. ex post facto law C. substantive law D. procedural law 13. A person can be sued civilly A. only after any criminal case based on the same facts has been disposed of B. before a criminal case is brought C. after a criminal case is brought D. both b and c 14. Most crimes fall under the jurisdiction of: A. state law B. federal C. administrative law D. none of the above 15. The burden of proof in a civil case is: A. beyond a reasonable doubt B. beyond a mere doubt C. preponderance of the evidence D. preponderance of persuasion 16. The burden of proof in a criminal case is: A. beyond all doubt B. beyond a show of a doubt C. beyond a reasonable doubt D. to a mathematical certainty 17. All of the following are branches of the government, except: A. executive branch B. judicial branch C. legislative branch D. administrative branch 18. A court of record is one that: A. maintains a comprehensive file system B. keeps records of the actions and dispositions in cases C. is responsible for hearing traffic citations D. does not exist, except on the federal level Downloaded by Ng?c Th?o Hoàng ([email protected])  lOMoARcPSD|32623837 19. Which of the following is not true about the distinction between civil and criminal law? A. The purpose of civil law is to compensate victims who have been injured by the actions of others B. The purpose of criminal law is to discourage behavior that society has deemed to be undesirable C. The purpose of civil law is to imprison wrongdoers D. Criminal cases are brought by the state 20. At Civil Law case filled by: A. Private party B. Court C. Police D. Governor 21. At Criminal Law case filled by: A. Federal Governor B. Judge C. Only Government/State D. Prime Minister 22. What are punishments of Civil law? A. Death Penalty B. Damages C. Imprisonment D. Fines 23. What are punishments of Criminal law? A. Money B. Injuction C. Life imprisonment D. All above are correct 24. What is the main purpose of Civil law? A. Regulate the behaviour of individuals B. Protect the interests of society C. Handle legal disputes between two parties D. Prohibits conduct that causes or threatens the public interest 25. What is the main purpose of Criminal law? A. Concern with the rights and property of individual people or organisations B. To identify, recognize, inform and punish the criminal offenses’ action C. Settle disputes between individuals and organisations. D. a duty of care towards the claimant 26. Which courts are criminal offenders almost always initially tried in? A. High CourtIncorrect response B. Magistrates' Court C. Crown Courts, Criminal Division D. Court of Appeal 27. A criminal action: A. May be filed by a private citizen to protect private rights. B. Requires a lower standard of proof than a civil action. C. Results in the awarding of damages to the injured person. D. Punishes offenses that injure society as a whole. 28. The crimes that carry the most severe penalties are called: A. Wobblers. B. Felonies. Downloaded by Ng?c Th?o Hoàng ([email protected])  lOMoARcPSD|32623837 C. Misdemeanors. D. Infractions 29. In a civil case, the person being sued is the a. magistrate b. defendant c. witness d. plaintiff 30. A tort: A. Is always based on a negligent activity. B. Is prosecuted by a district attorney. C. Is a civil wrong for which damages may be recovered. D. Is the result of a failure to exercise reasonable care toward someone. 31. The person who brings a civil lawsuit to the court system for resolution is the A. Prosecutor B. Plaintiff C. Defendant D. Respondent 32. Who has the burden of proof in a criminal case? A. The victim B. The defendant C. The prosecutor D. The judge 33. Which of the following is not a potential sanction for a criminal law violation? A. Damages and injunctions B. Fines and forfeitures C. Probation and community sanctions D. Jail and prison time 34. The person who brings a criminal case to the court system for resolution is the A. Prosecutor B. Plaintiff C. Defendant D. Respondent 35. The weight of the evidence required to prove a criminal law violation is A. Preponderance of the evidence B. Clear and convincing evidence C. Beyond a reasonable doubt D. Unambiguously demonstrated evidence 36. court’s application of prior judicial rulings to similar cases is the use of A. Substantive law B. Precedent C. Civil law D. Evidence 37. An individual seeks damages from a company for being fired illegally. A. Civil Law B. Criminal Law 38. A person is arrested by the police and placed in jail until his trial. A. Civil Law B. Criminal Law 39. Guilt beyond a reasonable doubt is necessary to punish an individual or group. A. Civil Law B. Criminal Law Downloaded by Ng?c Th?o Hoàng ([email protected])  lOMoARcPSD|32623837 40. John jumps Tom and physically assaults him. Tom has to go to the hospital. A. Civil Law B. Criminal Law 41. Tim shoplifts a pair of jeans, a shirt and a belt from Hollister. A guard stops him as he is leaving the store and discovers the stolen merchandise. A. Civil Law B. Criminal Law CRIMINAL OR CIVIL CIVIL CRIMINAL The custodial staff waxes the floor at Walmart but doesn't put out a sign that the floor is slippery. Dina slips, falls and breaks her arm. She sues Walmart. Jack takes his car to be serviced and when he picks it up he notices a large dent that wasn't there when he left his car. He sues the mechanic. Debra burns down her store for insurance money and it causes damage to neighboring stores. Debra is arrested. Annabelle spreads a false rumor about Tammy and Tammy get fired from her job. Daisy and Warren get divorced. Sam enters into a plea bargain where he agrees to plead guilty in exchange for probation instead of jail. Tootsie and Bella enter into a contract in which Bella will provide flowers for Tootsie's wedding. Tootsie pays a $1000 deposit. On wedding day, Bella doesn't show up to provide the flowers. Wanda sues Mary for injuries she sustained from a car accident that was Mary's fault. They agree to settle out of court and Mary pays Wanda $5,000. Anders sends threatening messages through Facebook to Elliot, threatening to beat him up after school. The next day they get into a fight outside of Taco Bell. FEDERAL AND STATE LAW 1. Who makes federal laws? Choose one: A. Congress. B. The states. C. The President. D. The Supreme Court. 2. What is the highest court in the United States? Choose one: A. Federal Appeals Court B. Supreme Court C. Circuit Court Downloaded by Ng?c Th?o Hoàng ([email protected])  lOMoARcPSD|32623837 D. International Court of Justice 3. What does the Constitution do? A. Defines the government. B. Sets up the government. C. Protects basic rights of Americans. D. All of these answers. 4. Under our Constitution, some powers belong to the federal government. What is one power of the federal government? A. To provide police departments. B. To issue driver’s licenses. C. To make treaties. D. To provide schooling. 5. Federalism refers to a A. relationship between the national and state governments. B. relationship among the state governments. C. political system in which power is vested in the state governments. D. political system in which power is vested in the national government. 6. Under the Constitution, national and state governments are A. endowed with exclusively separate powers. B. totally autonomous. C. accountable to the people. D. inherently separate spheres of government. 7. In situations of conflict between state and federal law, federal law prevails due to A. full faith and credit. B. the Tenth Amendment. C. federalism. D. the supremacy clause. 8. Police powers are the basis for A. interstate commerce. B. federal criminal statutes. C. state criminal laws. D. federal welfare programs. 9. The Constitution has a long list of federal powers, but few powers are listed for the states. This is because A. the Framers thought the federal government was more important and should be more powerful. B. states were designed to be subordinate to the federal government. C. there was consensus on what the powers of the federal government should be but not on the powers of the states. D. states had all the power at the writing of the Constitution and a list was deemed unnecessary. 10. Which best defines the situation by local governments in the American federal system? A. They are created by the national government B. They are created by state governments C. They are formed by popular petition D. They are created by the national and state governments working together E. They do not exist in a legal sense and only play a ceremonial role 11. State governments may exercise _____________ powers, as outlined by the Tenth Amendment. A. reserved B. federal Downloaded by Ng?c Th?o Hoàng ([email protected])  lOMoARcPSD|32623837 C. militia D. concurring 12. What regulates the ways state and local governments can raise and spend money? A. Internal Revenue Service B. Article IV C. state constitutions D. Tenth Amendment 13. In a __________ system, the central government and the state governments share power. A. centraL B. democratic C. Republic D. Federal 14. What powers are shared by the state governments and the federal government? A. concurrent B. militia C. reserved D. national SEPERATION OF STATE POWERS 1. Dividing the government into 3 specific branches is called? A. Checks and Balances B. Tri-Government Balance C. Pyramid of Power D. Separation of Powers 2. The separation of powers is: A. The Governor-General representing the Queen B. The separation of party leaders C. Dividing power between the states D. The idea that the power to make, enforce and interpret law should be held by 3 separate groups 3. Which of these is NOT a feature of the separation of powers? A. Legislature B. Executive C. Judiciary D. Premier 4. True or False: The Executive are also members of parliament. A. True B. False 5. Which document outlines the role of the Parliament, the Executive and the Judiciary in Australia? A. The Magna Carta B. Australian Constitution C. Hansard D. The standing orders 6. In addition to the Governor-General, who else is part of both the Executive and the Parliament? A. The Prime Minister B. The Queen C. The Speaker D. The President 7. The High Court and other federal courts are collectively known as: Downloaded by Ng?c Th?o Hoàng ([email protected])  lOMoARcPSD|32623837 A. The Executive B. The Judiciary C. The Legislature D. The Senate 8. The Prime Minister, ministers and Governor-General are collectively known as: A. The Executive B. The Judiciary C. The Legislature D. The Senate 9. The 2 houses of Parliament and the Governor-General are collectively known as: A. The Executive B. The Judiciary C. The public service D. The Parliament (also called the Legislature) 10. Why is it important to have a separation of powers? A. It provides equal power to the states B. It gives some groups less power C. It prevents the misuse of power by one group D. It provides equal power to the government and the opposition 11. Who signs bills in Australia to give them Royal Assent? A. The Queen B. The Governor-General C. The Prime Minister D. State premiers 12. Congress is in what branch of government? A. Executive Branch B. Elective Branch C. Legislative Branch D. Judicial Branch 13. Which branch makes the Laws? A. Executive Branch B. Legislative Branch C. Judicial Branch D. Elective Branch 14. The President of the United States is in which branch of government? A. Legislative Branch B. Judicial Branch C. Elective Branch D. Executive Branch 15. "Separation of powers" is a clause of the U.S. Constitution that provides: A. the actions of each branch will be reviewed by the other branches B. the duties and obligations of one branch cannot be infringed upon by another branch C. the Executive branch can only exercise its powers in limited situations D. Only two out of three branches of government have actual power 16. Who is in charge of the executive branch? Choose one: A. The Speaker of the House. B. The Prime Minister. C. The President. D. The Chief Justice. 17. Under our Constitution, some powers belong to the states. What is one power of the states? Downloaded by Ng?c Th?o Hoàng ([email protected])  lOMoARcPSD|32623837 A. Make treaties. B. Provide schooling and education. C. Create an army. D. Coin or print money. 18. Name one branch or part of the government. Choose one: A. State government. B. Legislative. C. Parliament. D. United Nations. 19. What does the judicial branch do? A. Decides if a law goes against the Constitution. B. Reviews laws. C. Resolves disputes. D. All of the above. 20. During what time period did there begin to be a separation of duties within the legal system into the current system of legislative, executive, and judicial branches? A. Pre-historical Era B. Early historical Period C. Modern era D. None of the abovE PUBLIC AND PRIVATE LAW 1. What is the difference between private law and public law? A. Private law refers to the relationship between individual citizens. Public law refers to the relationship between individual citizens and the state. B. Public law refers to the relationship between individual citizens. Private law refers to the relationship between individual citizens and the state. C. Private law relates to crimes committed inside the home. Public law relates to crimes committed in public places. D. Private law relates to court hearings conducted in private. Public law relates to court hearings conducted in public. 2. What is the relationship of Public Law? A. Parliament and Court B. Government and individuals. C. Judges and Soicety D. Plantiff and defendent 3. What is the relationship of Private Law? A. Court and Citizents B. Government and private individuals. C. Prime minister and Judges D. Prosecutor and Defendent 4. The aim of Public Law and Private Law ? A. Safe for society B. Assist citizens in disputes that involve private matters C. Return the person who rights have been infringed back to their origianal position D. Protect the public interest/ only private interests HISTORY OF BRITISH PARLIAMENT 1. What is the actual name of London’s Houses of Parliament? A. The Palace of Westminster B. The Chambers of Westminster C. The Courts of Westminster 2. Which two bodies form the British Parliament? Downloaded by Ng?c Th?o Hoàng ([email protected])  lOMoARcPSD|32623837 A. The Senate and the House of Representatives B. The House of Lords and the House of Commons C. The Legislative and Executive branches D. The House of Commoners and the House of Knights E. The House of Burgesses and the King 3. The first Parliament was formed in: A. 1430 B. 1365 C. 1260 D. 1295 4. Who is the head of the Parliament A. The Queen B. The Lord Spiritual C. The Prime Minister D. The Speaker of the House 5. Who is the head of the government in the UK? A. the President B. the Queen C. the Prime Minister 6. What is the building where the British Parliament sits called? A. Big Ben B. Buckingham Palace C. Westminster Palace 7. How many Houses does the Parliament consist of? A. 2 B. 3 C. 4 8. Which House represents the people of Britain? A. The House of Commons B. The House of Lords 9. According to UK law, a general election must be held every …. ? A. 3 years B. 4 years C. 5 years 10. Which of the following is the BEST description of the historical development of the British Parliament? A. The British Parliament emerged for the first time during the Great War in the 17th Century B. The British Parliament developed gradually, and eclipsed the king's power by the end of the 17th century C. The British consisted only of the House of Lords until the early 20th century when the House of Commons was created D. The British Parliament developed relatively late in the country's history, not gaining any real power until the early 20th century E. The British Parliament was created bu the first British Constitution, written in 1756 Downloaded by Ng?c Th?o Hoàng ([email protected])