Schmalleger Chapter 1 The Nature and History of Criminal Law
Multiple Choice: Choose the one alternative that best completes the statement
or answers the question.
1) ________ refer to that which is laid down, ordained, or established—a body of rules of
action or conduct prescribed by controlling authority, and having a binding legal force.
A) Morals
B) Mores
C) Laws
D) Norms
Answer: C
Objective: Define crime and criminal law.
Page number: 2
Level: Basic
2) What are the unwritten rules that underlie and are inherent in the fabric of our society?
A) laws
B) norms
C) mores
D) morals
Answer: B
Objective: Define crime and criminal law.
Page number: 2
Level: Basic
3) Which of these crimes is mala prohibita?
A) aggravated battery
B) murder
C) rape
D) possession of cocaine
Answer: D
1
,Objective: Describe the various ways in which crimes can be classified, and list the four
traditional types of crimes.
Page number: 13
Level: Intermediate
4) Which of the following is called a summary offense?
A) tort
B) felony
C) infraction
D) misdemeanor
Answer: C
Objective: Describe the various ways in which crimes can be classified, and list the four
traditional types of crimes.
Page number: 13
Level: Intermediate
5) Burglary is an example of a ________.
A) morals offense
B) personal crime
C) public order offense
D) property crime
Answer: D
Objective: Describe the various ways in which crimes can be classified, and list the four
traditional types of crimes.
Page number: 13
Level: Intermediate
6) ________ law is in the form of formal written codes made by a legislature or governing
body with the power to make law.
A) Judge-made
B) Case
C) Statutory
D) Moral
Answer: C
Objective: Identify the various sources of criminal law, including the principle of stare decisis.
Page number: 17
Level: Intermediate
7) ________ is the legal principle that requires that courts be bound by their own earlier
decisions and by those of higher courts having jurisdiction over them regarding subsequent cases
on similar issues of law and fact.
A) Jurisdiction
B) Stare decisis
C) Jurisprudence
D) Due process of law
Answer: B
2
,Objective: Identify the various sources of criminal law, including the principle of stare decisis.
Page number: 17
Level: Intermediate
8) The part of the law that defines crimes and specifies punishments is ________.
A) common law
B) substantive criminal law
C) mala in se
D) procedural criminal law
Answer: B
Objective: Describe the role of common law in modern criminal law, and explain the differences
between procedural and substantive criminal law.
Page number: 12
Level: Intermediate
9) One purpose of law is to provide for ________ in human events.
A) predictability
B) substance
C) jurisprudence
D) infractions
Answer: A
Objective: Identify the purposes served by criminal law.
Page number: 14
Level: Intermediate
10) Ray is the judge’s best friend and a nice man. Bob is the judge’s enemy and a bad man.
Ray wrongfully damages Bob’s car. When Bob sues Ray, Bob will win because the judge
________.
A) is a moral entrepreneur
B) follows the Rule of Law
C) follows the Rule of Jurisprudence
D) follows natural law
Answer: B
Objective: Expound upon the “rule of law” and explain why due process is an integral part of the
rule of law.
Page number: 31
Level: Difficult
11) The procedures that effectively guarantee individual rights in the face of criminal
prosecution are known as ________.
A) stare decisis
B) statutory law
C) the due process of law
D) jurisprudence
Answer: C
3
, Objective: Expound upon the “rule of law” and explain why due process is an integral part of the
rule of law.
Page number: 32
Level: Intermediate
12) People who oppose abortion often rely on ________ law to support their arguments.
A) Roman
B) natural
C) procedural
D) Hammurabi’s
Answer: B
Objective: Summarize the origins and development of criminal law.
Page number: 3–5
Level: Basic
13) ________ law originates from use or custom rather than from written statutes.
A) Statutory
B) Common
C) Jural
D) Natural
Answer: B
Objective: Describe the role of common law in modern criminal law, and explain the differences
between procedural and substantive criminal law.
Page number: 7
Level: Intermediate
14) The first ten amendments to the U.S. Constitution are known as ________.
A) the Bill of Rights
B) jural postulates
C) case law
D) the Due Process Clause
Answer: A
Objective: Identify the various sources of criminal law, including the principle of stare decisis.
Page number: 15
Level: Intermediate
15) The authority of a state to enact and enforce a criminal statute is called________.
A) natural law
B) police power
C) judicial power
D) common law
Answer: B
Objective: Identify the various sources of criminal law, including the principle of stare decisis.
Page number: 15
Level: Intermediate
4
Multiple Choice: Choose the one alternative that best completes the statement
or answers the question.
1) ________ refer to that which is laid down, ordained, or established—a body of rules of
action or conduct prescribed by controlling authority, and having a binding legal force.
A) Morals
B) Mores
C) Laws
D) Norms
Answer: C
Objective: Define crime and criminal law.
Page number: 2
Level: Basic
2) What are the unwritten rules that underlie and are inherent in the fabric of our society?
A) laws
B) norms
C) mores
D) morals
Answer: B
Objective: Define crime and criminal law.
Page number: 2
Level: Basic
3) Which of these crimes is mala prohibita?
A) aggravated battery
B) murder
C) rape
D) possession of cocaine
Answer: D
1
,Objective: Describe the various ways in which crimes can be classified, and list the four
traditional types of crimes.
Page number: 13
Level: Intermediate
4) Which of the following is called a summary offense?
A) tort
B) felony
C) infraction
D) misdemeanor
Answer: C
Objective: Describe the various ways in which crimes can be classified, and list the four
traditional types of crimes.
Page number: 13
Level: Intermediate
5) Burglary is an example of a ________.
A) morals offense
B) personal crime
C) public order offense
D) property crime
Answer: D
Objective: Describe the various ways in which crimes can be classified, and list the four
traditional types of crimes.
Page number: 13
Level: Intermediate
6) ________ law is in the form of formal written codes made by a legislature or governing
body with the power to make law.
A) Judge-made
B) Case
C) Statutory
D) Moral
Answer: C
Objective: Identify the various sources of criminal law, including the principle of stare decisis.
Page number: 17
Level: Intermediate
7) ________ is the legal principle that requires that courts be bound by their own earlier
decisions and by those of higher courts having jurisdiction over them regarding subsequent cases
on similar issues of law and fact.
A) Jurisdiction
B) Stare decisis
C) Jurisprudence
D) Due process of law
Answer: B
2
,Objective: Identify the various sources of criminal law, including the principle of stare decisis.
Page number: 17
Level: Intermediate
8) The part of the law that defines crimes and specifies punishments is ________.
A) common law
B) substantive criminal law
C) mala in se
D) procedural criminal law
Answer: B
Objective: Describe the role of common law in modern criminal law, and explain the differences
between procedural and substantive criminal law.
Page number: 12
Level: Intermediate
9) One purpose of law is to provide for ________ in human events.
A) predictability
B) substance
C) jurisprudence
D) infractions
Answer: A
Objective: Identify the purposes served by criminal law.
Page number: 14
Level: Intermediate
10) Ray is the judge’s best friend and a nice man. Bob is the judge’s enemy and a bad man.
Ray wrongfully damages Bob’s car. When Bob sues Ray, Bob will win because the judge
________.
A) is a moral entrepreneur
B) follows the Rule of Law
C) follows the Rule of Jurisprudence
D) follows natural law
Answer: B
Objective: Expound upon the “rule of law” and explain why due process is an integral part of the
rule of law.
Page number: 31
Level: Difficult
11) The procedures that effectively guarantee individual rights in the face of criminal
prosecution are known as ________.
A) stare decisis
B) statutory law
C) the due process of law
D) jurisprudence
Answer: C
3
, Objective: Expound upon the “rule of law” and explain why due process is an integral part of the
rule of law.
Page number: 32
Level: Intermediate
12) People who oppose abortion often rely on ________ law to support their arguments.
A) Roman
B) natural
C) procedural
D) Hammurabi’s
Answer: B
Objective: Summarize the origins and development of criminal law.
Page number: 3–5
Level: Basic
13) ________ law originates from use or custom rather than from written statutes.
A) Statutory
B) Common
C) Jural
D) Natural
Answer: B
Objective: Describe the role of common law in modern criminal law, and explain the differences
between procedural and substantive criminal law.
Page number: 7
Level: Intermediate
14) The first ten amendments to the U.S. Constitution are known as ________.
A) the Bill of Rights
B) jural postulates
C) case law
D) the Due Process Clause
Answer: A
Objective: Identify the various sources of criminal law, including the principle of stare decisis.
Page number: 15
Level: Intermediate
15) The authority of a state to enact and enforce a criminal statute is called________.
A) natural law
B) police power
C) judicial power
D) common law
Answer: B
Objective: Identify the various sources of criminal law, including the principle of stare decisis.
Page number: 15
Level: Intermediate
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