Southern
CJ 1330 – Spring 2009
Exam 1
USE a Scantron answer sheet to record your answers. Select the most correct answer from those provided after each question. You may use both your book and your notes.
Multiple Choice
_____ 1. The absolutely, positively best criminal law professor I have ever had the pleasure of studying under is:
A. Carl Franklin B. James Madison
C. Is this criminal law? D. Albert Einstein
_____ 2. Law created by a legislative body is generally called:
A. Common Law B. Statutory Law
C. Stare Decisis D. Legality
_____ 3. Creating a criminal law after the act has occurred is generally restricted based on ____:
A. Ex Post Office B. Ex Post Toasties
C. Ex Post Corpus D. Ex Post Facto
_____ 4. Early work by scholars such as Auguste Comte (1838) focused primarily on the question of the ______________:
A. source of power or social control
B. sources of post event liability
C. source of social reform
D. none of the above
_____ 5. Law established by a higher entity or power is often referred to as _____________.
A. Divine Law B. Positive law
C. Natural Law D. Common Law
_____ 6. The theory that law moves from simple, undifferentiated homogeneity to complex, differentiated, heterogeneity is often attributed to the English philosopher ______________.
A. Max Weber B. Karl Marx
C. Peter Parker D. Herbert Spencer
_____ 7. Law created by tradition or commonly accepted practice, and more recently created by
the courts through judicial decisions is often called:
A. Common Law B. Statutory Law
C. Stare Decisis D. Legality
_____ 8. Law generally defined by governmental authority, especially that which has been codified in a written form, is often referred to as _______________________.
A. Divine Law B. Positive law
C. Natural Law D. Common Law
_____ 9. The _____ is usually considered the first form of written law.
A. Statutory Code B. Eternal Code
C. Moral Code D. Code of Hammurabi
_____ 10. The Law of the Twelve Tables is most closely associated with which group?
A.
C.
_____ 11. The idea that morality and law are entwined is associated with ________________.
A. Mens Rea B. Actus Reus
C. Natural Law D. Overlap Thesis
_____ 12. Hillary is driving her car when it breaks down far from her home. She is in a strange town on business. Hillary does not want to spend money to have her car fixed, so she decides to take a car from a nearby gas station. The owner left the car running while he went in to pay for gas. Hillary has most likely committed what level of crime?
A. Violation B. Felony
C. Misdemeanor D. None of the above
_____ 13. In 1962 the American Law Institute created the ________________ as a guide for the standardization of modern criminal law.
A. Penal System B. Overlap Thesis
C. Model Penal Code D. Natural Law System
_____ 14. The state legislature recently created a new law banning the wearing of “ugly shirts” on Wednesday. If this is attacked based on the construction of the law the most likely theory used will be ________________.
A. Interstate Compact B. Constitutional Relativity
C. Void for Vagueness D. Ex Post Facto
_____ 15. Law which regulates our daily lives is commonly called _______________.
A. Procedural Law B. Substantive Law
C. Natural Law D. Supreme Law
_____ 16. An ordinance is most closely associated with __________________:
A. Violation B. Felony
C. Misdemeanor D. None of the above
_____ 17. The act of adopting a common practice by legislative action is often called _______________.
A. Mala in Se B. Mala Prohibita
C. Codification D. Lesser Included Crime
_____ 18. The highest level of crime is typically classified as:
A. Misdemeanor B. Felony
C. Violation D. None of the above
_____ 19. A traffic ticket is commonly classified as:
A. Misdemeanor B. Felony
C. Violation D. None of the above
_____ 20The notion that society protects itself from future illegal acts by removing the offender from social contact is most closely associated with __________________.
A. Classification B. Nulum Prohibitum
C. Incapacitation D. None of the Above
____ 21. This theory suggests that suggests that law, like much of social interaction, evolves to fit a given need within society.
A. Legal Realism B. Legal Positivism
C. Legal Commitment D. Legal Evolution
_____ 22. Theft is an example of a ______________ law.
A. Mala Legalism B. Mala in Se
C. Mala Prohibita D. Mala Actus Collusum
_____ 23. Law that would arise from the natural intelligence of man, and as such would be independent of the peculiar systems of any one people.
A. Jurist Prudence B. Juris Doctor
C. Jus Naturale D. Jus Williams
_____ 24. The notion that society protects itself from future illegal acts by removing the offender from social contact is often referred to as _________________.
A. Punishment B. Retribution
C. Retribution D. Incapacitation
_____ 25. Criminal Law is an example of ________________.
A. Substantive Law B. Natural Law
C. Procedural Law D. Model Penal Code