Test Bank For Comparative Criminal Justice Systems 4th InternationalEdition by Harry R. Dammer

Multiple Choice CHAPTER 3 -- FAMILIES OF LAW 1. The most typical form of borrowing from legal traditions is to combine aspects of which families of law? a) Common and Socialist * b) c) Civil and Canon Common and Civil d) Civil and Socialist 2. The oldest formal legal system believed to have originated as early as 4000 B.C. was: * a) b) Roman c) Greek d) Chinese 3. Law that is developed by modern states in their legislatures or through their regulatory process that deals largely with the relations between government and citizens is: a) Private Law b) Civil Law * c) d) Islamic Law Egyptian * c) d) Criminal Law 4. Law that regulates behavior between individuals is: * a) Private Law b) Public Law c) Criminal Law d) Secular Law 5. Judicial independence is characteristic of: a) Civil Law b) Socialist Law Public Law Common Law 6. Socialist Law emphasizes: * a) communal values over individualism. b) competition over cooperation c) treatment over punishment d) both a and c 7. The legal tradition based on codification of laws is: * a) Civil Law b) Socialist Law e) Common Law f) Islamic Law 8. Common Law covers: a) private concerns b) criminal offenses c) criminal procedures * d) all of the above 9. The primary characteristic of Common Law that distinguishes it from Civil Law is: a) the scope of subject matter b) the complexity of application c) its influence on legal education * d) its reliance on precedent. 10. The peculiarities of the Common Law have shaped not only the legal tradition but also: a) legal education b) criminal procedure c) general approach to law and government * d) all of the above 11. Criminal Law becomes a means for punishing unacceptable behavior at work under: a) Civil Law * b) c) Common Law Socialist Law d) Islamic Law 12. Which family of law is not secular in nature? a) Common b) Civil c) Socialist * d) Islamic 13. Islamic criminal law is based on the ideal of: a) rehabilitation * b) c) deterrence retribution d) incapacitation 14.T The primary sources of Islamic Law are: a) Shari’a and Civil Law b) Sunnah and Qur’an * 15. c) Shari’a and Sunnah d) Shari’a and Mohammed Under Shari’a, what is the punishment of last resort? a) death imprisonment d) banishment Sentence Completion 1. The four major legal families found in the world today are Civil Law, Common Law, Socialist Law, and Sacred Law. 2. One could argue that the hybrid legal tradition is technically the most common legal system, since most countries borrow some aspects of criminal justice from other countries. 3. Indigenous Laws are native laws of persons who originate from or live in a particular area. 4. Criminal Law is defined as an offense against the state rather than as a quarrel between individuals. 5. The four major codifications of law involved in the history of Civil Law are Roman Law, Canon Law, Napoleonic Code, and German Law. 6. The legal code of the Civil Law was derived from earlier laws, customs, and informal regulations. 7. Stare decisis is used in Common Law countries to signify the legal force of precedence. 8. An ombudsman is an individual who hears complaints and ensures that government agents are performing their functions correctly. 9. Under Islamic Law, crimes are categorized according to whether they are acts against God/Hudud crimes or acts against society or people/tazirat crimes. 10. Writers of the Napoleonic Code aimed to create law that was simple, easy to understand, nontechnical, and accessible to the masses. 11. The study of Socialist Law is important because of what we can learn about the nature of law in systems that emphasize communal values at the expense of individualism. * b) c) amputation 12. The procurator or prosecutor in the Socialist Law family is a much more important figure than in other legal families. 13. The most important source of the Shari’a is the Qur’an. 14. The Civil Law has had the widest influence around the world. 15. Habeas corpus refers to the rules about bringing the accused before a judge to question his or her incarceration. True False T 1. F 2. T 3. T 4. F 5. F 6. F 7. T 8. T 9. T 10. T 11. All modern legal systems combine written laws that place limits on behavior, and rules that derive from decisions about particular cases. The Common Law tradition is the most pervasive legal tradition in the world. The judicial tradition of referring to the law itself rather than precedents established in earlier cases is an essential part of the Civil Law tradition. The Napoleonic Code was the first modern set of laws. A writ of habeas corpus orders public servants to do the duties that are part of their job. The United States is an example of pure Common Law. Secular law has a strong religious influence. In a true communist society, there will be no further need for criminal law or sanctions to deal with lawbreakers. Socialist Law is historically grounded in Civil Law. Under Socialist Law, the ideal of collectivization of property and the ownership of major means of production by the state has resulted in immoderate importance being attached to the Private Law. Independence of the judiciary means that judges are free to decide cases in accordance with the law and cannot be pressured to decide for any other reason than legality. F 12. T 13. T 14. T 15. The Sunnah may be defined as the body of rules of conduct revealed by God to his Prophet Muhammad whereby the people are directed to lead their life in this world. In Islamic Law, punishments are prescribed in the Qur’an and are often harsh, with an emphasis on corporal and capital punishment. None of the families of law is practiced in its pure or ideal form in today’s world. A hybrid legal tradition or one that combines different aspects of more than one legal tradition. Short Answer Questions 1. Explain the importance of the French and German Civil Codes in the development of law during the past two centuries. 2. What is the difference between political and nonpolitical justice? 3. How did the Common Law courts develop? 4. What are the merits of Islamic Law? Essay Questions / Student Activities 1. What are the primary differences between the Common Law and the Civil Law families? 2. Explain the six characteristics of Socialist Law that in general distinguish it from Civil Law. 3. Search your state laws to determine if any examples of indigenous law are present. If there is a nearby Native-American reservation, ask a resident to come to your class to talk about local indigenous laws.