, TESTBANK FOR Criminal Law 14th Edition Gardner
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provided.
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
1. An ex post facto law is a law that:
a. makes conduct before the enactment of the law a criminal violation.
b. criminalizes a status such as homelessness or addiction.
c. is derived from common law.
d. contains a sentencing enhancement.
ANSWER: a
2. Criminal laws that punish a status, such as drug addiction, with no act requirement are referred as:
a. inchoate crimes.
b. attempted crimes.
c. victimless crimes.
d. status crimes.
ANSWER: d
3. What kind of law establishes the standards necessary to preserve public order and protect property rights?
a. Substantive criminal law
b. Procedural criminal law
c. Administrative law
d. Tort law
ANSWER: a
4. Laws are enacted by which branch of government?
a. The judicial branch
b. The executive branch
c. The legislative branch
d. The democratic branch
ANSWER: c
5. The “prior notice” doctrine requires that fair warning be given in what kind of language?
a. Language that an ordinary person would understand
b. Language derived from case law related to the issue being considered
c. Legal language that includes the precedent for the statute
d. Language consistent with the common law
ANSWER: a
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
6. Status crimes differ from other types of crimes because they:
a. are attempted but not completed.
b. criminalize a status and not an action.
c. are not punishable by jail or prison.
d. are retroactive in nature.
ANSWER: b
7. What is one factor that would prevent a person from committing a crime?
a. Fear of arrest and punishment
b. A compelling desire to achieve the illegal objective
c. Insufficient moral commitment to the law
d. Belief that detection can be avoided
ANSWER: a
8. Police power is the inherent power of every state and local government, subject to constitutional limits, to:
a. enact criminal laws.
b. arrest suspected offenders.
c. conduct judicial reviews when laws are questioned.
d. punish convicted offenders.
ANSWER: a
9. The “supreme law of the land” in the United States can be found in what document?
a. The United States Constitution
b. The Declaration of Independence
c. The Magna Carta
d. The United States Penal Code
ANSWER: a
10. Which of the following is true regarding common law?
a. All states and the federal government have abolished common law crimes.
b. All states have abolished common law, but the federal government hasn’t.
c. All states have maintained common law, but it has been abolished by the federal government.
d. A few states have maintained common law, but it has been abolished by the majority of states and the federal
government.
ANSWER: d
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
11. Which branch of the government administers and enforces criminal laws?
a. The legislative branch
b. The judicial branch
c. The executive branch
d. The state branch
ANSWER: c
12. The _____ Amendment of the U.S. Constitution provides that “[t]he powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
a. First
b. Fifth
c. Eighth
d. Tenth
ANSWER: d
13. Before the burden of maintaining public order and public safety shifted to local, state, and federal governments, these
tasks were the responsibility of:
a. the community, family, and militia.
b. Congress, elected officials, and the military.
c. members of the community and organized vigilante groups.
d. religious institutions, the community, and the family.
ANSWER: d
14. Which branch of the government determines the constitutionality of laws or ordinances?
a. The legislative branch
b. The judicial branch
c. The executive branch
d. The state branch
ANSWER: b
15. Which statement is true regarding the standards set by moral laws compared to those set by criminal laws?
a. The standards set by moral laws are generally higher than those set by criminal laws.
b. Violations of criminal law are always punishable, while violations of moral law are not.
c. Moral law attempts to correct behavior, while criminal law attempts to perfect personal character.
d. Laws are strongest when they are not based on moral law
ANSWER: a
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
16. The first and earliest source of criminal laws was:
a. common law.
b. administrative regulations.
c. constitutions.
d. statutes.
ANSWER: a
17. Common law crimes in England were created by:
a. judges.
b. society.
c. prosecutors.
d. the king or queen.
ANSWER: a
18. After the American Revolution, the source of much of the statutory crimes in this country came from:
a. newly created crimes unknown to English common law.
b. Roman law principles of crime.
c. converted common law crimes.
d. the extensive penal codes of several European countries.
ANSWER: c
19. All of the following are constitutional limitations on criminal laws except?
a. Ex post facto laws
b. Bill of attainder
c. Overbreadth doctrine
d. Common law
ANSWER: d
20. The determination of whether a violation of the administrative crime has occurred is made by:
a. a state court with proper jurisdiction.
b. the administrative agency.
c. a federal trial court.
d. the legislature with jurisdiction.
ANSWER: a
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
21. An example of private law is:
a. criminal law.
b. criminal procedure.
c. divorce.
d. constitutional law.
ANSWER: c
22. The law of criminal procedure deals with:
a. substantive law.
b. common law.
c. contractual issues.
d. torts.
ANSWER: a
23. The substantive criminal law:
a. defines the standards of conduct for the protection of the community.
b. is an important branch of private law.
c. is no longer followed in the U.S.
d. defines the steps followed in processing a criminal case.
ANSWER: a
24. A person might commit a crime for any of the following reasons except?
a. Fear of arrest and punishment
b. Insufficient moral or ethical restraints
c. Peer pressure from friends and family
d. Opportunity combined with capacity and skill
ANSWER: a
25. A tort is:
a. a public wrong against society.
b. a civil wrong done to a person or property.
c. a public wrong against property.
d. a civil violation of a contract.
ANSWER: b
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
26. If a person intentionally damages a building owned by another person, this action:
a. is a crime but not a tort.
b. is a tort but not a crime.
c. is neither a tort nor a crime.
d. is both a tort and a crime.
ANSWER: d
27. What is the Latin maxim for “no punishment without law for it”?
a. ex post facto
b. habeas corpus
c. nulla poena sine lege
d. writ of certiorari
ANSWER: c
28. All of the following are generally recognized goals of the criminal justice system, except:
a. discouraging people from committing crimes.
b. protecting society from dangerous people.
c. punishing people who have committed crimes.
d. helping victims harmed by crime.
ANSWER: d
29. To be enforceable, state criminal laws must be consistent with:
a. civil law.
b. substantive law.
c. procedural law.
d. the U.S. and State Constitutions.
ANSWER: d
30. The Ex Post Facto Clause forbids all of the following, except:
a. laws made retroactive to make conduct before the enactment of the law illegal.
b. laws that inflict punishment retroactively without a trial.
c. laws that aggravate a crime retroactively.
d. laws that increase the punishment for a crime retroactively.
ANSWER: b
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
31. A bill of attainder is:
a. also known as an ex post facto law.
b. a legislative act that inflicts punishment without a trial.
c. a retroactive criminal statute.
d. a type of international law.
ANSWER: b
32. The due process clause is found in the _____ Amendment of the US Constitution
a. First
b. Fourth
c. Eighth
d. Fourteenth
ANSWER: d
33. Which Amendment of the U.S. Constitution provides every state and local government, subject to constitutional
limits, the power to enact criminal laws?
a. The Tenth Amendment
b. The Second Amendment
c. The Fourteenth Amendment
d. The Fifth Amendment
ANSWER: a
34. Which of the following is true regarding the three branches of government?
a. Statutes are created by the executive branch of government.
b. People charged with a crime are tried by the judicial branch of government.
c. The executive branch of government is charged with the enforcement of laws.
d. The judicial branch of the government has the power of judicial review.
ANSWER: a
35. A statute making heroin addiction, by itself, a crime would most likely:
a. be upheld by the U.S. Supreme Court.
b. be found unconstitutional.
c. violate the overbreadth doctrine.
d. conflict with present-day drug statutes.
ANSWER: b
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, Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
36. An unnecessarily broadly written law that invades the area of protected freedoms would be deemed unconstitutional
on what grounds?
a. Due process
b. Bill of attainder
c. Void of the vagueness doctrine
d. Overbreadth doctrine
ANSWER: d
37. The equal protection clause requires that:
a. states treat all people as individuals.
b. states treat all people generously.
c. private groups treat all people alike.
d. states treat all people alike.
ANSWER: d
38. The equal protection clause applies:
a. to criminal laws only.
b. to civil laws only.
c. to both criminal and civil laws.
d. to federal laws, not state laws.
ANSWER: c
39. The Latin maxim nulla poena sine lege is also known as:
a. the principle of legality.
b. the Fifth Amendment principle.
c. the retroactive prohibition principle.
d. the legal principle of prohibition.
ANSWER: a
40. The Latin maxim nulla poena sine lege, requires that:
a. no crime should be made criminal without advance warning in the form of a legislative act.
b. statutory definitions of crime be made with judicial concurrence.
c. laws be written in plain English.
d. crimes must be committed before a law can be written that outlaws it.
ANSWER: a
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Important Notes
The file includes the complete test bank, organized chapter by chapter.
A sample of selected pages has been provided for preview.
All available appendices and Excel files (if included in the original resources) are
provided.
We continuously update our files to ensure you receive the latest and most accurate
editions.
New editions are added regularly – stay connected for updates!
✅ Why Buy From Us?
📚 Complete & organized chapter-by-chapter – no missing content, no guessing.
⚡ Instant digital delivery – get your file the moment you pay, no waiting.
📅 Always up to date – we track new editions so you always get the latest version.
💬 Friendly support – real humans ready to help, anytime you need us.
🔒 Safe & secure – thousands of satisfied students trust us every semester.
🛡️Our Guarantees
💰 Money-Back Guarantee: Not satisfied? We offer a full refund – no questions asked.
🔄 Wrong File? No Problem: Contact us and we will replace it immediately with the
correct version, free of charge.
⏰ 24/7 Support: We are always here – reach out anytime and expect a fast response.
Contact Email:
,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
1. An ex post facto law is a law that:
a. makes conduct before the enactment of the law a criminal violation.
b. criminalizes a status such as homelessness or addiction.
c. is derived from common law.
d. contains a sentencing enhancement.
ANSWER: a
2. Criminal laws that punish a status, such as drug addiction, with no act requirement are referred as:
a. inchoate crimes.
b. attempted crimes.
c. victimless crimes.
d. status crimes.
ANSWER: d
3. What kind of law establishes the standards necessary to preserve public order and protect property rights?
a. Substantive criminal law
b. Procedural criminal law
c. Administrative law
d. Tort law
ANSWER: a
4. Laws are enacted by which branch of government?
a. The judicial branch
b. The executive branch
c. The legislative branch
d. The democratic branch
ANSWER: c
5. The “prior notice” doctrine requires that fair warning be given in what kind of language?
a. Language that an ordinary person would understand
b. Language derived from case law related to the issue being considered
c. Legal language that includes the precedent for the statute
d. Language consistent with the common law
ANSWER: a
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
6. Status crimes differ from other types of crimes because they:
a. are attempted but not completed.
b. criminalize a status and not an action.
c. are not punishable by jail or prison.
d. are retroactive in nature.
ANSWER: b
7. What is one factor that would prevent a person from committing a crime?
a. Fear of arrest and punishment
b. A compelling desire to achieve the illegal objective
c. Insufficient moral commitment to the law
d. Belief that detection can be avoided
ANSWER: a
8. Police power is the inherent power of every state and local government, subject to constitutional limits, to:
a. enact criminal laws.
b. arrest suspected offenders.
c. conduct judicial reviews when laws are questioned.
d. punish convicted offenders.
ANSWER: a
9. The “supreme law of the land” in the United States can be found in what document?
a. The United States Constitution
b. The Declaration of Independence
c. The Magna Carta
d. The United States Penal Code
ANSWER: a
10. Which of the following is true regarding common law?
a. All states and the federal government have abolished common law crimes.
b. All states have abolished common law, but the federal government hasn’t.
c. All states have maintained common law, but it has been abolished by the federal government.
d. A few states have maintained common law, but it has been abolished by the majority of states and the federal
government.
ANSWER: d
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
11. Which branch of the government administers and enforces criminal laws?
a. The legislative branch
b. The judicial branch
c. The executive branch
d. The state branch
ANSWER: c
12. The _____ Amendment of the U.S. Constitution provides that “[t]he powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
a. First
b. Fifth
c. Eighth
d. Tenth
ANSWER: d
13. Before the burden of maintaining public order and public safety shifted to local, state, and federal governments, these
tasks were the responsibility of:
a. the community, family, and militia.
b. Congress, elected officials, and the military.
c. members of the community and organized vigilante groups.
d. religious institutions, the community, and the family.
ANSWER: d
14. Which branch of the government determines the constitutionality of laws or ordinances?
a. The legislative branch
b. The judicial branch
c. The executive branch
d. The state branch
ANSWER: b
15. Which statement is true regarding the standards set by moral laws compared to those set by criminal laws?
a. The standards set by moral laws are generally higher than those set by criminal laws.
b. Violations of criminal law are always punishable, while violations of moral law are not.
c. Moral law attempts to correct behavior, while criminal law attempts to perfect personal character.
d. Laws are strongest when they are not based on moral law
ANSWER: a
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
16. The first and earliest source of criminal laws was:
a. common law.
b. administrative regulations.
c. constitutions.
d. statutes.
ANSWER: a
17. Common law crimes in England were created by:
a. judges.
b. society.
c. prosecutors.
d. the king or queen.
ANSWER: a
18. After the American Revolution, the source of much of the statutory crimes in this country came from:
a. newly created crimes unknown to English common law.
b. Roman law principles of crime.
c. converted common law crimes.
d. the extensive penal codes of several European countries.
ANSWER: c
19. All of the following are constitutional limitations on criminal laws except?
a. Ex post facto laws
b. Bill of attainder
c. Overbreadth doctrine
d. Common law
ANSWER: d
20. The determination of whether a violation of the administrative crime has occurred is made by:
a. a state court with proper jurisdiction.
b. the administrative agency.
c. a federal trial court.
d. the legislature with jurisdiction.
ANSWER: a
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
21. An example of private law is:
a. criminal law.
b. criminal procedure.
c. divorce.
d. constitutional law.
ANSWER: c
22. The law of criminal procedure deals with:
a. substantive law.
b. common law.
c. contractual issues.
d. torts.
ANSWER: a
23. The substantive criminal law:
a. defines the standards of conduct for the protection of the community.
b. is an important branch of private law.
c. is no longer followed in the U.S.
d. defines the steps followed in processing a criminal case.
ANSWER: a
24. A person might commit a crime for any of the following reasons except?
a. Fear of arrest and punishment
b. Insufficient moral or ethical restraints
c. Peer pressure from friends and family
d. Opportunity combined with capacity and skill
ANSWER: a
25. A tort is:
a. a public wrong against society.
b. a civil wrong done to a person or property.
c. a public wrong against property.
d. a civil violation of a contract.
ANSWER: b
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
26. If a person intentionally damages a building owned by another person, this action:
a. is a crime but not a tort.
b. is a tort but not a crime.
c. is neither a tort nor a crime.
d. is both a tort and a crime.
ANSWER: d
27. What is the Latin maxim for “no punishment without law for it”?
a. ex post facto
b. habeas corpus
c. nulla poena sine lege
d. writ of certiorari
ANSWER: c
28. All of the following are generally recognized goals of the criminal justice system, except:
a. discouraging people from committing crimes.
b. protecting society from dangerous people.
c. punishing people who have committed crimes.
d. helping victims harmed by crime.
ANSWER: d
29. To be enforceable, state criminal laws must be consistent with:
a. civil law.
b. substantive law.
c. procedural law.
d. the U.S. and State Constitutions.
ANSWER: d
30. The Ex Post Facto Clause forbids all of the following, except:
a. laws made retroactive to make conduct before the enactment of the law illegal.
b. laws that inflict punishment retroactively without a trial.
c. laws that aggravate a crime retroactively.
d. laws that increase the punishment for a crime retroactively.
ANSWER: b
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,Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
31. A bill of attainder is:
a. also known as an ex post facto law.
b. a legislative act that inflicts punishment without a trial.
c. a retroactive criminal statute.
d. a type of international law.
ANSWER: b
32. The due process clause is found in the _____ Amendment of the US Constitution
a. First
b. Fourth
c. Eighth
d. Fourteenth
ANSWER: d
33. Which Amendment of the U.S. Constitution provides every state and local government, subject to constitutional
limits, the power to enact criminal laws?
a. The Tenth Amendment
b. The Second Amendment
c. The Fourteenth Amendment
d. The Fifth Amendment
ANSWER: a
34. Which of the following is true regarding the three branches of government?
a. Statutes are created by the executive branch of government.
b. People charged with a crime are tried by the judicial branch of government.
c. The executive branch of government is charged with the enforcement of laws.
d. The judicial branch of the government has the power of judicial review.
ANSWER: a
35. A statute making heroin addiction, by itself, a crime would most likely:
a. be upheld by the U.S. Supreme Court.
b. be found unconstitutional.
c. violate the overbreadth doctrine.
d. conflict with present-day drug statutes.
ANSWER: b
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, Name: Class: Date:
Chapter 01 - Criminal Law: Purposes, Scope, and Sources
36. An unnecessarily broadly written law that invades the area of protected freedoms would be deemed unconstitutional
on what grounds?
a. Due process
b. Bill of attainder
c. Void of the vagueness doctrine
d. Overbreadth doctrine
ANSWER: d
37. The equal protection clause requires that:
a. states treat all people as individuals.
b. states treat all people generously.
c. private groups treat all people alike.
d. states treat all people alike.
ANSWER: d
38. The equal protection clause applies:
a. to criminal laws only.
b. to civil laws only.
c. to both criminal and civil laws.
d. to federal laws, not state laws.
ANSWER: c
39. The Latin maxim nulla poena sine lege is also known as:
a. the principle of legality.
b. the Fifth Amendment principle.
c. the retroactive prohibition principle.
d. the legal principle of prohibition.
ANSWER: a
40. The Latin maxim nulla poena sine lege, requires that:
a. no crime should be made criminal without advance warning in the form of a legislative act.
b. statutory definitions of crime be made with judicial concurrence.
c. laws be written in plain English.
d. crimes must be committed before a law can be written that outlaws it.
ANSWER: a
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