Ch. 4 - The Rule of Law Study Guide

________ is a formal means of social control that involves the use of rules that are interpreted, and are enforceable, by the courts of a political community. The function of the rules is to set limits to the conduct of the citizens, to guide the officials (police and other administrators), and to define conditions of deviance or unacceptable behavior.

• Substantive law

• Procedural law

• Civil law

• Criminal law

A crime is a violation of the ________ of a political jurisdiction.

• tort

• civil law

• penal code

• morals

Which of the following refers to the way in which criminal law should be enforced?

• specificity

• uniformity

• politicality

• regularity

Which of the following refers to the legitimate source of criminal law?

• specificity

• uniformity

• politicality

• regularity

Which of the following penal sanctions is used primarily to prevent undesired conduct and to provide retribution?

• punishment

• restitution

• regulation

• treatment

The criminal law of the United States, for the most part, is derived from the laws of

• colonial America.

• Israel.

• Sumer.

• England.

In common law, the decision in a particular case becomes a potential basis, or ________, for deciding the outcomes of similar cases in the future.

• stare decisis

• precedent

• ordinance

• penal code

The principle of using precedents to guide future decisions in court cases is called ________.

• stare decisis

• ex post facto

• amicus curiae

• animus possidendi

Administrative or regulatory agencies are important to criminal law because

• they render decisions that have the force of law.

• habitual violations of their rules may be addressed through criminal proceedings.

• legislatures often enact criminal statutes based on their recommendations.

• All of the answers are correct.

Most of the procedural, or due process, rights given to criminal suspects or defendants in the United States are found in

• common law.

• the Bill of Rights.

• the First Amendment to the Constitution.

• Federal Rules of Criminal Procedure.