1.
Which of the following are an early set of legal principles, engraved on stone, established to ensure property and other rights?
Correct Answer
A. The Code of Hammurabi
Explanation
The Code of Hammurabi is an early set of legal principles that were engraved on stone to ensure property and other rights. It was established by Hammurabi, the sixth king of Babylon, around 1754 BC. The code consisted of 282 laws that covered various aspects of society, including trade, family, and criminal justice. It aimed to provide a standardized set of rules and punishments to maintain order and protect the rights of individuals. The code is significant as one of the earliest known legal systems and has influenced subsequent legal codes throughout history.
2.
Which of the following is a procedural defense?
Correct Answer
C. Double jeopardy
Explanation
Double jeopardy is a procedural defense because it protects individuals from being tried for the same offense more than once. This defense prevents the government from repeatedly prosecuting someone for the same crime, ensuring that individuals are not subjected to multiple trials and potential punishment for the same conduct. It is a fundamental principle of criminal law that promotes fairness and protects individuals from harassment by the government.
3.
Which law refers to a traditional body of unwritten legal precedents created through everyday practice and supported by court decisions?
Correct Answer
C. Common
Explanation
Common law refers to a traditional body of unwritten legal precedents created through everyday practice and supported by court decisions. It is a legal system where past court decisions become binding precedents for future cases, and it is based on the principle of stare decisis, which means "to stand by things decided." Common law is different from civil law systems, which are based on codified statutes and legislation. Common law is the legal system used in countries such as the United Kingdom, the United States, and Canada.
4.
Murder, robbery, and drug offenses would all be defined as crimes under
Correct Answer
B. Criminal law
Explanation
Murder, robbery, and drug offenses are all serious offenses that harm individuals and society as a whole. Criminal law is the branch of law that deals with these types of offenses. It sets out the rules and regulations that define what constitutes a crime and outlines the punishments for those who commit them. Civil law, on the other hand, deals with disputes between individuals or organizations and focuses on resolving conflicts and providing compensation rather than punishing criminal behavior. Common law refers to legal principles developed through court decisions, while administrative law governs the actions and procedures of government agencies.
5.
What law results from legislative action and is thought of as the "law of the land" or the "law on the books"?
Correct Answer
C. Statutory
Explanation
Statutory law is the correct answer. Statutory law refers to laws that are created by legislative bodies, such as Congress or state legislatures. These laws are enacted through the legislative process and are considered the "law of the land" or the "law on the books." They are binding and enforceable on individuals and organizations within the jurisdiction. Procedural law refers to the rules and processes that govern how legal cases are handled, while administrative law deals with the regulations and rules created by administrative agencies. Substantive law, on the other hand, refers to the actual content of the law itself.
6.
Tax laws, health codes, and restrictions on pollution are examples of?
Correct Answer
A. Administrative law.
Explanation
Tax laws, health codes, and restrictions on pollution are all examples of administrative law. Administrative law refers to the body of law that governs the activities and procedures of administrative agencies, such as government departments and regulatory bodies. These laws are created by administrative agencies to regulate various aspects of society, including taxation, public health, and environmental protection. Administrative law ensures that these agencies operate within the bounds of the law and provides a framework for individuals and businesses to interact with these agencies.
7.
What is the latin term that means "the body of the crime"?
Correct Answer
D. Corpus delicti
Explanation
Corpus delicti is the correct answer because it is a Latin term that translates to "the body of the crime." It refers to the physical evidence or proof that a crime has been committed. In legal terms, corpus delicti is necessary to establish that a crime has occurred before a person can be convicted. This term is commonly used in criminal law to describe the tangible evidence that supports the commission of a crime, such as a murder weapon or stolen goods.
8.
Which of the following elements of crime means "guilty mind"?
Correct Answer
D. Mens rea
Explanation
Mens rea refers to the mental state or intention of a person while committing a crime. It is the "guilty mind" element of a crime, indicating that the person had the intent or knowledge of committing the unlawful act. This element is crucial in determining the culpability and level of punishment for the offender. The other options, concurrence, harm, and actus reus, are different elements of a crime but do not specifically refer to the mental state of the offender.
9.
A woman breaks into a home and, once inside, is cornered by the family dog Spike, a Rottweiler. When the homeowner gets home and sees what Spike has in his possession, she calls the police who arrest the suspect. Base on these facts, the woman who broke into the home could be charged with:
Correct Answer
C. Burglary.
Explanation
Based on the given facts, the woman broke into a home without permission, which constitutes the crime of burglary. The fact that she was cornered by the family dog and caught by the homeowner further supports the charge of burglary, as it indicates her intent to commit a crime inside the property. Therefore, the correct answer is burglary.
10.
The latin term "stare decisis" means
Correct Answer
A. Let the decision stand.
Explanation
The Latin term "stare decisis" refers to the principle of legal precedent, which means that courts should follow the rulings of previous cases when deciding similar cases. It literally translates to "let the decision stand," indicating that once a court has made a decision on a particular issue, that decision should be upheld and followed in future cases with similar facts and legal issues. This principle promotes consistency, predictability, and stability in the legal system.