Walsh Justice And The Law Verified Test Bank Chapter 2

CHAPTER 2

JUSTICE AND THE LAW

MULTIPLE CHOICE QUESTIONS

1. Justice is seen by philosophers as

a) an abstraction.

b) an ideal.

c) having to do with fairness.

d) all of the above.

2. According to Aristotle, justice consists of

a) treating equals equally.

b) treating all people equally.

c) treating unequals unequally according to relevant differences.

d) all of the above.

e) a and c only.

3. Decency and compassion are ________ components of Aristotelian justice.

a) always

b) sometimes

c) never

4. Determining the proper punishment for a convicted offender is known as

a) procedural distributive justice.

b) procedural retributive justice.

c) substantive retributive justice.

d) substantive distributive justice.

5 Sentencing guidelines attempt to

a) treat equals unequally.

b) treat all offenders equally in accordance with the law.

c) treat unequals equally according to relevant differences.

d) treat the truly guilty more severely.

e) minimize sentencing disparity.

6. The punitive system under which a Finnish billionaire was fined $216,000 for speeding is the

a) just deserts model.

b) equity model.

c) distributive justice model.

d) day-fine model.

e) restitutive model.

7. The statement, “The prophecies of what the courts will do in fact, nothing more pretentious, is what I mean by law” sums up

a) legal positivism.

b) legal realism.

c) jurisprudence.

d) natural law.

8 Believers in transcendental natural law believe that natural law

a) is a “law within the law.”

b) is universally applicable.

c) transcends positive law.

d) all of the above.

e) a and c only.

9. Which of Max Weber’s legal typologies best fits transcendental natural law?

a) substantive-rational

b) formal-rational

c) substantive-irrational

d) formal-irrational

10. Which of Max Weber’s legal typologies best fits legal positivism?

a) substantive-rational

b) formal-rational

c) substantive-irrational

d) formal-irrational

11. The evolutionary version of natural law proposes that humans are biologically predisposed to make certain choices because

a) they reflect cultural norms that have become habitual.

b) humans have an innate sense of fairness.

c) they promoted survival and reproductive success in evolutionary environments.

d) scientists have found what might be characterized as “justice genes.”

12. From the perspective of evolutionary theory, moral outrage and the desire for revenge

a) are counterproductive and antisocial.

b) are the basis of our sense of justice.

c) defeat the purpose of justice.

d) are among our less-desirable human attributes.

13. The fallacy of confusing what is with what ought to be is known as

a) the naturalistic fallacy.

b) the fallacy of affirming the consequent.

c) the moralistic fallacy.

d) the transcendental fallacy.

14. Law and justice

a) are identical.

b) are both abstractions.

c) can be in accordance with one another.

d) can never be in accordance with one another in a formal-rational legal system.

15. The incorporation of equity into common law resulted from

a) the inflexibility of the common law.

b) excess flexibility in the common law.

c) changes in the common law following the American Revolution.

d) the failure to incorporate canon (church) law into common law.

16. The early equity courts were called

a) equity courts.

b) chancery courts.

c) justice courts.

d) courts of common pleas.

17. Which of the following refers to remedies for wrongs that were not recognized under English common law?

a) naturalism

b) legal realism

c) jurisprudence

d) equity

18. The Riggs v. Palmer case best exemplifies

a) common law.

b) equity.

c) natural law.

d) positivist law.

19. A crime that is inherently evil is known as

a) mala prohibita.

b) mala malafactorum.

c) mala stigmata.

d) mala in se.

e) mala malfeasance.

20. Raffaele Garofalo is best known for his concept of

a) natural law.

b) natural evil.

c) natural justice.

d) natural crime.

21. The rule of _____ has been called the most important legal principle in the world.

a) justice

b) law

c) legality

d) due process

22. The concept of the rule of law appears to have originated with

a) Aristotle.

b) Plato.

c) Reichel.

d) Thomas Jefferson.

23. The system of procedures holding the government to the rule of law is best articulated by the concept of

a) justice.

b) law.

c) equity.

d) due process.

24. Lettres de cachet were legal under

a) early English common law.

b) Code Napoleon.

c) Code Louis.

d) all of the above.

25. ________ is often referred to as the father of due process.

a) Edmund Coke

b) John Marshall

c) Cesare Beccaria

d) Raffaele Garofalo

26. All the following documents except ______ are ancestors of the U.S. Bill of Rights.

a) Code Napoleon

b) Statute of Winchester

c) Magna Carta

d) Petition of Rights

27. The historical period in which some people began to think of such things as due process

is known as

a) the Renaissance.

b) the Enlightenment.

c) the Reformation.

d) the Rechtsstaat.

28. A person who had a great impact on due process thinking during the 1700s was

a) Herbert Packer.

b) Raffaele Garofalo.

c) Thomas Jefferson.

d) Cesare Beccaria.

29. The U.S. legal system has been characterized as following the ________model, whereas Canada’s has been characterized as following the ________model.

a) due process; civil libertarian

b) civil libertarian; crime control

c) due process; regulatory

d) crime control; regulatory

e) due process; crime control

30. Which court case discussed in this chapter best exemplifies the excesses of the crime control model?

a) Nix v. Williams

b) Brewer v. Williams

c) Riggs v. Palmer

d) Brown v. Mississippi