(Test Bank) Criminal Law

Samaha, 12

Criminology & Criminal Justice

Test Bank

12th Edition

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Test Bank for Criminal Law, The downloadable file consists of 321 pages, and the total size of the file is 3.57 MB. Purchase now only for highly discounted price.

Author(s): Samaha

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Cengage Learning Testing, Powered by Cognero Page 1 True / False 1. The criminal law is the only form of social control in our society. a. True b. False ANSWER: False REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember 2. Crimes and torts are similar. a. True b. False ANSWER: False REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember 3. Crimes punishable by more than a year of imprisonment are called felonies. a. True b. False ANSWER: True REFERENCES: Classifying Crimes LEARNING OBJECTIVES: CRLW.SAMA.17.01.03 - To understand the various ways to classify crimes and appreciate the legal and social ramifications of these labels. KEYWORDS: Bloom’s: Remember 4. Case citations always follow the same order. a. True b. False ANSWER: True REFERENCES: The Text-Case Method LEARNING OBJECTIVES: CRLW.SAMA.17.01.07 - To understand the text-case method and how to apply it to the study of criminal law. KEYWORDS: Bloom’s: Remember 5. Criminal law is the only way to hold a person responsible for deviating from social norms. a. True b. False ANSWER: False REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember (Criminal Law 12e Joel Samaha) (Test Bank all Chapters) Chapter 01Cengage Learning Testing, Powered by Cognero Page 2 6. Determinists reject the free-will assumption that underlies retribution. a. True b. False ANSWER: True REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.06 - To know and understand that the main theories of criminal punishment center on either retribution or prevention and to appreciate the large, complex body of empirical research supporting each. KEYWORDS: Bloom’s: Remember 7. Classical deterrence theory states that rational human beings won’t commit crimes if they know that the pain of punishment outweighs the pleasure gained from committing crimes. a. True b. False ANSWER: True REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.06 - To know and understand that the main theories of criminal punishment center on either retribution or prevention and to appreciate the large, complex body of empirical research supporti ng each. KEYWORDS: Bloom’s: Remember 8. The principle of utility permits only the minimum amount of pain necessary in order to prevent crime. a. True b. False ANSWER: True REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.06 - To know and understand that the main theories of criminal punishment center on either retribution or prevention and to appreciate the large, complex body of empirical research supporting each. KEYWORDS: Bloom’ s: Remember 9. Crimes and torts are similar in that both are sets of rules telling us what we can’t do. a. True b. False ANSWER: True REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember 10. The majority opinion is the law of the case. a. True b. False ANSWER: True REFERENCES: The Text-Case Method LEARNING OBJECTIVES: CRLW.SAMA.17.01.07 - To understand the text-case method and how to apply it to the study of criminal law. Cengage Learning Testing, Powered by Cognero Page 3 KEYWORDS: Bloom’s: Remember 11. After the adoption of the Model Penal Code in 1962, more than 40 states changed their criminal codes. a. True b. False ANSWER: True REFERENCES: Sources of Criminal Law LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 12. City, town, and village governments do not enjoy broad powers to create criminal laws. a. True b. False ANSWER: False REFERENCES: Sources of Criminal Law LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 13. To qualify as criminal punishment, penalties have to meet four criteria. a. True b. False ANSWER: True REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.05 - To define and understand what behavior deserves criminal punishment and to understand the social consequences of the era of mass imprisonment. KEYWORDS: Bloom’s: Remember 14. Discretionary decisions are generally made in plain view. a. True b. False ANSWER: False REFERENCES: Sources of Criminal Law LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Understand 15. Incapacitation restrains convicted offenders from committing further crimes. a. True b. False ANSWER: True REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.06 - To know and understand that the main theories of criminal punishment center on either retribution or prevention and to appreciate the large, complex body of empirical research supporting each. KEYWORDS: Bloom’s: Remember Cengage Learning Testing, Powered by Cognero Page 4 16. Most states have abolished common -law crimes. a. True b. False ANSWER: True REFERENCES: Sources of Criminal Law LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 17. Critics of rehabilitation argue that it is inhumane because the cure justifies administering large doses of drugs. a. True b. False ANSWER: False REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.06 - To know and understand that the main theories of criminal punishment center on either retribution or prevention and to appreciate the large, complex body of empirical research supporting each. KEYWORDS: Bloom’s: Remember 18. Most criminal law is found in the federal penal code. a. True b. False ANSWER: False REFERENCES: Criminal Law in the U.S. Federal System LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 19. The majority opinion lays out the established law of the case. a. True b. False ANSWER: True REFERENCES: The Text-Case Method LEARNING OBJECTIVES: CRLW.SAMA.17.01.07 - To understand the text-case method and how to apply it to the study of criminal law. KEYWORDS: Bloom’s: Remember 20. Case citations are summaries of a court’s majority opinion. a. True b. False ANSWER: False REFERENCES: The Text-Case Method LEARNING OBJECTIVES: CRLW.SAMA.17.01.07 - To understand the text-case method and how to apply it to the study of criminal law. KEYWORDS: Bloom’s: Remember 21. Punishments differ widely among the states. Cengage Learning Testing, Powered by Cognero Page 5 a. True b. False ANSWER: True REFERENCES: Criminal Law in the U.S. Federal System LEARNING OBJECTIVES: CRLW.SAMA.17.01.01 - To know the dual nature of the social reality of U.S. criminal law and understand how it reflects both our criminal law and punishment imaginations. KEYWORDS: Bloom’s: Remember 22. Torts are private wrongs for which you can sue the party who wronged you and recover money. a. True b. False ANSWER: True REFERENCES: Criminal Law in the U.S. Federal System LEARNING OBJECTIVES: CRLW.SAMA.17.01.01 - To know the dual nature of the social reality of U.S. criminal law and understand how it reflects both our criminal law and punishment imaginations. KEYWORDS: Bloom’s: Remember 23. The distinction between criminal punishment and treatment is always clear -cut. a. True b. False ANSWER: False REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.05 - To define and understand what behavior deserves criminal punishment and to understand the social consequences of the era of mass imprisonment. KEYWORDS: Bloom’s: Remember 24. Criminal liability is conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests. a. True b. False ANSWER: True REFERENCES: Sources of Criminal Law LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 25. The burden of proof for crimes is different than the burden of proof for torts. a. True b. False ANSWER: True REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember 26. The defenses to crime are the same across state lines. a. True Cengage Learning Testing, Powered by Cognero Page 6 b. False ANSWER: False REFERENCES: Criminal Law in the U.S. Federal System LEARNING OBJECTIVES: CRLW.SAMA.17.01.05 - To define and understand what behavior deserves criminal punishment and to understand the social consequences of the era of mass imprisonment. KEYWORDS: Bloom’s: Remember 27. Crimes and torts represent two different ways our legal system responds to social and individual harm. a. True b. False ANSWER: True REFERENCES: Sources of Criminal Law LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember 28. State codes frequently use different names for crimes than common law. a. True b. False ANSWER: False REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 29. Violations of federal and state agency rules are called administrative crimes. a. True b. False ANSWER: True REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 30. Proving criminal conduct is necessary to impose criminal liability and punishment. a. True b. False ANSWER: True REFERENCES: Criminal Law in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.01 - To know the dual nature of the social reality of U.S. criminal law and understand how it reflects both our criminal law and punishment imaginations. KEYWORDS: Bloom’s: Remember Multiple Choice 31. What is hard punishment? a. a sentence of a year or more in prison Cengage Learning Testing, Powered by Cognero Page 7 b. incarceration for any length of time c. the period of time following incarcerationC d. punishment during the early 20th century ANSWER: a REFERENCES: Criminal Law in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember 32. Private wrongs for which you can sue the party who wronged you and recover money are known as a. torts. b. misdemeanors. c. regulatory violations. d. mala prohibitum offenses. ANSWER: a REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember 33. Who has the burden of proof regarding criminal conduct? a. the judge b. the jury c. the defense d. the prosecution ANSWER: d REFERENCES: Criminal Law in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.01 - To know the dual nature of the social reality of U.S. criminal law and understand how it reflects both our criminal law and punishment imaginations. KEYWORDS: Bloom’s: Remember 34. Crimes that are inherently evil and require some level of criminal intent are called a. misdemeanors. b. mala prohibita , c. dual crimes. d. mala in se. ANSWER: d REFERENCES: Classifying Crimes LEARNING OBJECTIVES: CRLW.SAMA.17.01.03 - To understand the various ways to classify crimes and appreciate the legal and social ramifications of these labels. KEYWORDS: Bloom’s: Remember 35. An offense which is punishable by one year or more in a state prison is called a a. common -law crime. b. code offense. c. misdemeanor. d. felony. Cengage Learning Testing, Powered by Cognero Page 8 ANSWER: d REFERENCES: Classifying Crimes LEARNING OBJECTIVES: CRLW.SAMA.17.01.03 - To understand the various ways to classify crimes and appreciate the legal and social ramifications of these labels. KEYWORDS: Bloom’s: Remember 36. What thought process says that human beings seek pleasure and avoid pain? a. rationalism b. hedonism c. minimalization d. rationalization ANSWER: b REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.05 - To define and understand what behavior deserves criminal punishment and to understand the social consequences of the era of mass imprisonment. KEYWORDS: Bloom’s: Remember 37. Which of the following is true of torts? a. They only apply to low-income persons. b. They tell us what we can’t do. c. Consequences include incarceration. d. They address only misdemeanor crimes. ANSWER: b REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember 38. The criminal law imagination refers to the contributions of law, history, philosophy, the social sciences, and sometimes biology to explain: a. the moral desires we wish to impose on the world b. the moral desires we wish to impose on the poor c. the moral desires we wish to impose on the uneducated d. none of these answers is correct ANSWER: a REFERENCES: Criminal Law in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.01 - To know the dual nature of the social reality of U.S. criminal law and understand how it reflects both our criminal law and punishment imaginations. KEYWORDS: Bloom’s: Remember 39. To obtain a conviction, the prosecution must prove every element of the offense a. by a preponderance of the evidence. b. beyond a reasonable doubt. c. by showing probable cause. d. beyond a shadow of a doubt. ANSWER: b REFERENCES: Criminal Law in U.S. Society Cengage Learning Testing, Powered by Cognero Page 9 LEARNING OBJECTIVES: CRLW.SAMA.17.01.01 - To know the dual nature of the social reality of U.S. criminal law and understand how it reflects both our criminal law and punishment imaginations. KEYWORDS: Bloom’ s: Remember 40. Which of the following is not one of the criteria required for criminal punishment? a. The penalty inflicts pain or unpleasant consequences. b. The penalty inflicts pain that is perceived by the public to be appropriate. c. The penalty is administered intentionally. d. The penalty inflicts enough pain so the offender experiences the full extent of society’s disapproval. ANSWER: d REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.05 - To define and understand what behavior deserves criminal punishment and to understand the social consequences of the era of mass imprisonment. KEYWORDS: Bloom’s: Remember 41. Which theory of crime focuses on an ‘eye for an eye’ mentality and emphasizes on getting even? a. retribution b. rehabilitation c. general deterrence d. incapacitation ANSWER: a REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.06 - To know and understand that the main theories of criminal punishment center on either retribution or prevention and to appreciate the large, complex body of empirical research supporting each. KEYWORDS: Bloom’ s: Remember 42. The theory of punishment that includes the idea that it is right to hate criminals and they deserve to be punished proportionate to the harm they have done is the theory of a. incapacitation. b. special deterrence. c. retribution. d. general deterrence. ANSWER: c REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.06 - To know and understand that the main theories of criminal punishment center on either retribution or prevention and to appreciate the large, complex body of empirical research supporting each. KEYWORDS: Bloom’s: Remember 43. The police decision to investigate or not is an example of what kind of decision making? a. indiscriminate b. discretionary c. political d. appropriate ANSWER: b REFERENCES: Sources of Criminal Law Cengage Learning Testing, Powered by Cognero Page 10 LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 44. Core felonies include which of the following? a. murder b. manslaughter c. rape d. all of these are core felonies ANSWER: d REFERENCES: Criminal Law in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.03 - To understand the various ways to classify crimes and appreciate the legal and social ramifications of these labels. KEYWORDS: Bloom’s: Remember 45. Two assumptions underlie rehabilitation theory. The first assumption is that forces beyond offenders’ control cause them to commit crimes. The second assumption is that a. criminal behavior is primarily a medical problem that can be cured with the correct drugs. b. rehabilitation requires long-term incarceration and intense treatment. c. therapy by experts can change offenders (not just their behavior) so that they won’t want to commit any more crimes. d. sometimes the cure for criminality involves large doses of pain. ANSWER: c REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.06 - To know and understand that the main theories of criminal punishment center on either retribution or prevention and to appreciate the large, complex body of empirical research supporting each. KEYWORDS: Bloom’s: Remember 46. Plaintiffs in tort cases can recover what kind of damages? a. compensatory and punitive damages b. compensatory damages c. punitive damages d. emotional damages ANSWER: a REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember 47. What is the category of crimes that are punishable by death or confinement in the state’s prison for one year to life without parole? a. larcenies b. non-capital crimes c. misdemeanors d. felonies ANSWER: d Cengage Learning Testing, Powered by Cognero Page 11 REFERENCES: Classifying Crimes LEARNING OBJECTIVES: CRLW.SAMA.17.01.03 - To understand the various ways to classify crimes and appreciate the legal and social ramifications of these labels. KEYWORDS: Bloom’s: Remember 48. Criminal law is only one kind of a. social norm. b. social control. c. social event. d. informal control. ANSWER: b REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember 49. What does it mean to “codify” criminal law? a. written definitions of crimes and punishment enacted by legislatures and published b. to make it constitutional c. to convert it to computer code d. to write it into all languages ANSWER: a REFERENCES: Sources of Criminal Law LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 50. Which of the following power(s) lower the cost of convicting criminal defendants? a. the power to incarcerate b. the power to increase sentencing c. issue consecutive sentences d. the power to charge and to plea bargain ANSWER: d REFERENCES: Sources of Criminal Law LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 51. Where is most criminal law found? a. state criminal codes b. federal criminal codes c. city criminal codes d. county criminal codes ANSWER: a REFERENCES: Criminal Law in the U.S. Federal System LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. Cengage Learning Testing, Powered by Cognero Page 12 KEYWORDS: Bloom’s: Remember 52. What document represents the American Law Institute’s commitment to abolish common law? a. the U.S. Constitution b. the U.S. Criminal Code c. the “medical model” code d. the Model Penal Code ANSWER: d REFERENCES: Criminal Law in the U.S. Federal System LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 53. When professionals make judgments based on their education, training, and experience, this is called a. discretionary decision making. b. biased decision making. c. affirmative decision making. d. productive decision making. ANSWER: a REFERENCES: Sources of Criminal Law LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 54. What country is the leader in world imprisonment rates? a. Russia b. United States c. China d. Canada ANSWER: b REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.05 - To define and understand what behavior deserves criminal punishment and to understand the social consequences of the era of mass imprisonment. KEYWORDS: Bloom’s: Remember 55. Justice is a philosophical concept whose application depends on a. guilt. b. innocence. c. complicity. d. culpability. ANSWER: d REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.05 - To define and understand what behavior deserves criminal punishment and to understand the social consequences of the era of mass imprisonment. KEYWORDS: Bloom’s: Remember 56. Which of the following crimes could be classified as mala in se? Cengage Learning Testing, Powered by Cognero Page 13 a. parking tickets b. drinking in public c. rape d. loitering ANSWER: c REFERENCES: Classifying Crimes LEARNING OBJECTIVES: CRLW.SAMA.17.01.03 - To understand the various ways to classify crimes and appreciate the legal and social ramifications of these labels. KEYWORDS: Bloom’s: Apply 57. Crimes and torts are similar in which of the following ways? a. The standard of proof for both is beyond a reasonable doubt. b. They both apply only to economic wrongs. c. They both apply only to criminals. d. They both tell us what we can and can’t do. ANSWER: d REFERENCES: Crimes and Noncriminal Legal Wrongs LEARNING OBJECTIVES: CRLW.SAMA.17.01.02 - To understand the differences between criminal and noncriminal sanctions, and to know the purposes of each. KEYWORDS: Bloom’s: Remember 58. Which of the following is not true of a felony crime? a. A felony is more serious than a misdemeanor. b. A felony is punishable by death or an imprisonment of more than one year. c. A felony is never punished by imprisonment. d. Felony defendants must always be in court for their trials. ANSWER: c REFERENCES: Criminal Law in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.01 - To know the dual nature of the social reality of U.S. criminal law and understand how it reflects both our criminal law and punishment imaginations. KEYWORDS: Bloom’s: Remember 59. Administrative crimes a. do not exist because agencies do not have the power to enact rules. b. can only be enacted by federal agencies. c. are no longer a significant source of criminal law. d. are a rapidly growing source of law. ANSWER: d REFERENCES: Sources of Criminal Law LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 60. What type of courts hear appeals? a. trial courts b. traffic courts c. appellate courts Cengage Learning Testing, Powered by Cognero Page 14 d. only the U.S. Supreme Court ANSWER: c REFERENCES: The Text-Case Method LEARNING OBJECTIVES: CRLW.SAMA.17.01.07 - To understand the text-case method and how to apply it to the study of criminal law. KEYWORDS: Bloom’s: Remember 61. The appellant is the party who a. is appealing to ensure their victory in the court below. b. is appealing to overturn an unfavorable decision. c. has had an appeal filed against them. d. has not filed the charges against the appellee. ANSWER: b REFERENCES: The Text-Case Method LEARNING OBJECTIVES: CRLW.SAMA.17.01.07 - To understand the text-case method and how to apply it to the study of criminal law. KEYWORDS: Bloom’s: Remember 62. The legal rule the court has decided to apply to the facts of the cases is called the a. issue. b. holding. c. result. d. reasoning. ANSWER: b REFERENCES: The Text-Case Method LEARNING OBJECTIVES: CRLW.SAMA.17.01.07 - To understand the text-case method and how to apply it to the study of criminal law. KEYWORDS: Bloom’s: Remember 63. If an appellate court affirms the decision of the court immediately below, this means that the lower court’s decision is a. upheld. b. overturned. c. questioned. d. not considered. ANSWER: a REFERENCES: The Text-Case Method LEARNING OBJECTIVES: CRLW.SAMA.17.01.07 - To understand the text-case method and how to apply it to the study of criminal law. KEYWORDS: Bloom’s: Remember 64. When an appellate court overturns the decision of a trial court and sends the case back for further proceedings in accord with its decision, the appeals court has a. reversed the trial court’s decision. b. affirmed the trial court’s decision. c. reversed and remanded the trial court’s decision. d. declined the trial court’s decision. ANSWER: c Cengage Learning Testing, Powered by Cognero Page 15 REFERENCES: The Text-Case Method LEARNING OBJECTIVES: CRLW.SAMA.17.01.07 - To understand the text-case method and how to apply it to the study of criminal law. KEYWORDS: Bloom’s: Remember 65. In the citation 319 N.W. 2d 459, the number 459 represents the a. volume number. b. page where the opinion begins in a volume. c. date the decision was handed down. d. date the case was argued. ANSWER: b REFERENCES: The Text-Case Method LEARNING OBJECTIVES: CRLW.SAMA.17.01.07 - To understand the text-case method and how to apply it to the study of criminal law. KEYWORDS: Bloom’s: Remember 66. Which of the following is part of a case excerpt? a. reference b. citation c. source d. conclusion ANSWER: b REFERENCES: The Text-Case Methods LEARNING OBJECTIVES: CRLW.SAMA.17.01.07 - To understand the text-case method and how to apply it to the study of criminal law. KEYWORDS: Bloom’s: Remember 67. Criminal law is established by which of the following? a. elected representatives b. administrative agencies c. judges d. all of these establish criminal law ANSWER: d REFERENCES: Sources of Criminal Lawc LEARNING OBJECTIVES: CRLW.SAMA.17.01.04 - To identify, describe, and understand the main sources of criminal law. KEYWORDS: Bloom’s: Remember 68. Theories of criminal punishment are divided primarily into two schools of thought: a. legislative and reductionist b. inductive and deductive c. reactive and proactive d. retributionist and preventionist ANSWER: d REFERENCES: Criminal Punishment in U.S. Society LEARNING OBJECTIVES: CRLW.SAMA.17.01.06 - To know and understand that the main theories of criminal punishment center on either retribution or prevention and to appreciate the large, complex