Test Bank Chapter 14 Comparative Law Law In Other Cultures

CHAPTER 14

COMPARATIVE LAW

MULTIPLE CHOICE QUESTIONS

1. The victim of a crime in Inuit (Eskimo) societies has available a form of self-redress called the song duel. This duel involves

a) a fight with sticks until one of the combatants sings “uncle.”

b) a literal singing duel designed to ridicule one’s opponent.

c) a sort of trial in which testimony is given in a sing-song voice designed not to betray one’s emotions.

d) a form of deadly dueling so called because it signals the swan song (death) of one of the duelists.

2. Among the Huron Indians, theft was punished by

a) death.

b) banishment.

c) ridicule and shame.

d) trial by ordeal.

3. The most common legal tradition in the world today is

a) civil law.

b) common law.

c) Islamic law.

d) socialist law.

4. Common law, as originally devised in England, meant

a) laws made for the common people, not the aristocracy, who settled their differences in combat.

b) laws that were supposedly commonly understood as right and just.

c) a set of laws different from natural law and therefore common rather than godly.

d) a set of laws common to all throughout the kingdom.

5. All of the documents below except _____ are examples of civil law documents.

a) Code of Hammurabi

b) Magna Carta

c) Code of Justinian

d) Code Civil de France

6. In the inquisitorial system,

a) the presumption of innocence does not exist.

b) suspects are not informed of their rights to legal counsel.

c) investigation includes all parties (defendant, police, prosecutor, judge, defense attorney, etc.)

d) all of the above.

7. Civil law supporters claim that the presumption of innocence until proven guilty is necessary in a common law system because

a) sentences in common law countries tend to be much harsher.

b) pretrial investigations in common law countries are not so thorough.

c) prosecutors must be aware of the possibility of their case being overturned on appeal.

d) all of the above.

8. French defendants

a) have the right to remain silent at trial, but this refusal to cooperate can be held against them.

b) have the right to remain silent at trial, and this refusal cannot be held against them.

c) do not have the right to remain silent at trial.

d) have the right to remain silent at trial only in murder cases.

9. The French version of the U.S. Supreme Court in non-criminal matters is the

a) Cour Supreme de la France.

b) Conseil Constitutionnel.

c) Cour de Cassation.

d) Cour Correctional.

10. The French version of the U.S. Supreme Court in criminal matters is the

a) Cour Supreme de la France.

b) Conseil Constitutionnel.

c) Cour de Cassation.

d) Cour Correctional.

11. The primary function of socialist law is to

a) lay down rules governing the conduct of the rulers and the ruled.

b) prevent crime and assure social control.

c) assure communal values as opposed to individual rights.

d) secure compliance with social policy and protect the Marxist revolution.

12. Chinese law, although socialist, is heavily influenced by the philosophy of

a) Buddhism.

b) Taoism.

c) Confucianism.

d) Menshevism.

13. The Chinese rely heavily on ____ to gain convictions.

a) professional juries

b) confessions

c) thorough police and prosecutorial investigations

d) torture

14. The Chinese Supreme People’s Court differs from the U.S. Supreme Court in all ways listed below except

a) It is unelected.

b) It is answerable to a higher authority.

c) It offers advisory opinions.

d) It does not hear cases forwarded to it from lower courts.

15. In Islamic law, what emerges from the Qur’an, case law, and scholarly commentaries is known as ____, which means “the path to follow.”

a) Sunna

b) Shari’a

c) Quadi

d) Musta’galah

16. All crimes listed below are Hadd crimes except

a) adultery.

b) fornication.

c) murder.

d) apostasy.

e) alcohol consumption.

17. It is said for many Hadd crimes that most Islamic legal authorities prefer that

a) evidentiary requirements be made stricter.

b) evidentiary requirements be relaxed.

c) the penalties for committing them be made less harsh.

d) the accused settle the matter privately with God.

18. Trials in an Islamic law are typically settled by

a) oath-taking.

b) confession.

c) evaluation of evidence.

d) the word of witnesses.

19. The legal tradition least in accordance with the rule of law is

a) common law.

b) civil law.

c) socialist law.

d) Islamic law.

20. Islamic law is most like which of Weber’s law types?

a) formal-rational

b) formal-irrational

c) substantive-rational

d) substantive-irrational

21. New law codes

a) replace old law codes in common law but supplement them in civil law.

b) replace old law codes in both common law and civil law.

c) supplement old law codes in common law but replace them in civil law.

d) supplement old law codes in both common law and civil law.

22. In civil law systems,

a) precedent is used as a tool of last resort.

b) precedent is sometimes used.

c) precedent is used but is not binding.

d) all of the above.

e) a and b only.

23. In a French criminal trial,

a) there is an unspoken assumption of “probably guilty.”

b) a person’s character can be introduced as evidence of guilt or innocence.

c) a person’s criminal record can be introduced as evidence of guilt or innocence.

d) all of the above.

e) b and c only.

24. Regarding the Cour de Cassation, and unlike appeals courts in common law,

a) its rulings are not binding on lower courts.

b) it rules on facts as well as points of law.

c) it can increase or decrease sentences.

d) all of the above.

e) b and c only.

25. Crimes, delicts, and contraventions are tried in _______ courts, respectively.

a) police, correctional, and assize

b) correctional, assize, and police

c) assize, correctional, and police

d) police, assize, and correctional

26. The Chinese legal code of 1646 is known as the

a) Ch’ing Code.

b) Confusion Code.

c) Mei-Ying Code.

d) Mao Tse-tung Code.

27. A Chinese criminal trial is held in front of a jury known as a

a) people’s mediation committee.

b) collegial bench.

c) people’s assessors.

d) assize court.

28. A Chinese defense lawyer can be charged with _____ if evidence that he or she relies on is shown to be false, even if the lawyer was unaware that it was.

a) falsifying evidence

b) legal hooliganism

c) offense against the people’s truth

d) evidence fabrication

29. The court system in China that hears cases in which Chinese have committed crimes against foreigners or vice versa is the

a) Supreme People’s Court.

b) Higher People’s Court.

c) Intermediate People’s Court.

d) Basic People’s Court.

30. The rules of evidence in Islamic law are

a) the same for all crimes, as in the United States.

b) stricter for more-serious crimes (e.g., murder) than for less-serious crimes (e.g., theft).

c) stricter for ta’azir crimes than for Hadd crimes.

d) stricter for crimes for which the Qur’an prescribes a punishment, regardless of how serious the crime is.