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Question
An act must be distinguished as either a crime or a tort; it cannot be both.Answer
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Related questions
Q:
Reserving for the states those powers not granted to the federal government or withheld from the states is ________.
Q:
The Ninth Amendment specifically guarantees the right to privacy.
Q:
The right to a federal jury trial is determined mainly by historical analysis of common law.
Q:
Suits at common law are legal controversies arising out of criminal law rather than civil law.
Q:
One of the primary reserve powers kept by the states is police power.
Q:
The Tenth Amendment embodies the principle of federalism.
Q:
Under federalism:
a. the federal government has the most power.
b. state governments have more power than the federal government.
c. power is shared by the national government and the states.
d. the Constitution is declared the supreme law of the land.
Q:
Congress has not considered an Amendment regarding:
a. establishing victims' rights.
b. prohibiting burning the American flag.
c. banning gay marriage.
d. equal rights for same-sex couples.
Q:
In Colgrove v. Battin, the Supreme Court upheld juries comprised of _____ members in federal civil trials.
a. 6
b. 8
c. 10
d. 12
Q:
The Supreme Court held that Congress had the authority to establish a national bank in:
a. United States v. Darby
b. Bowers v. Hardwick
c. Olmstead v. United States
d. McCulloch v. Maryland
Q:
The ____________ Amendment has been used by the Supreme Court to infer the right to privacy.
a. Third
b. Seventh
c. Ninth
d. Tenth
Q:
Explain the significance of the Ninth Amendment relative to federal power.
Q:
Explain asset forfeiture. Why is it considered in a discussion of the Eighth Amendment?
Q:
Describe the rights protected by the Eighth Amendment and which, if any, have been incorporated to apply to the states.
Q:
Discuss capital punishment in the United Statesits history, how the Supreme Court has viewed it, and how and on whom it may be carried out.
Q:
The Supreme Court has upheld the execution of mentally retarded offenders.
Q:
Which state does not allow hanging as a method of execution?
a. Washington
b. Delaware
c. Texas
d. New Hampshire
Q:
Defendants cannot be sentenced to life without parole for a non-homicide crime if, when they committed the crime, they were below the age of:
a. 15
b. 16
c. 17
d. 18
Q:
The Supreme Court upheld corporal punishment as necessary for the proper education of a child and maintenance of group discipline and not an Eighth Amendment issue in:
a. United States v. Ursery
b. Trop v. Dulles
c. Solem v. Helm
d. Ingraham v. Wright
Q:
Which of the following has been held to be a violation of a prisoner's right against cruel and unusual punishment?
a. Suspending visiting privileges for an inmate who failed more than one drug test.
b. Exposure to second-hand smoke posing an unreasonable risk of damage to health.
c. A prisoner shot in the leg during a riot to maintain discipline.
d. The use of chain gangs.
Q:
The Supreme Court has not prohibited execution of:
a. juveniles
b. the mentally ill
c. the handicapped
d. the mentally retarded
Q:
The practice established for individuals deemed a threat to society or likely to flee is:
a. Involuntary commitment
b. The Bail Reform Act of 1966
c. Preventive detention
d. Protective custody
Q:
The Eighth Amendment's prohibition against excessive fines:
a. applies to states because of the Fourteenth Amendment.
b. applies to states because it is an important part of our system of justice.
c. does not apply to any states.
d. does not apply to all states, but does apply to some.
Q:
Under asset forfeiture, the most frequently seized assets are:
a. firearms
b. real estate
c. vehicles
d. electronics
Q:
In Wilson v. Seiter, the Supreme Court ruled that prisoners must not only prove prison conditions are objectively cruel and unusual but also show that they exist because of officials':
a. culpable negligence
b. deliberate indifference
c. criminal negligence
d. willful disregard of the conditions.
Q:
Discuss the evolution of the right to be represented by an attorney during a criminal trial.
Q:
Individuals may appear in court without an attorney, representing themselves, the Latin term for which is _______.
Q:
In Douglas v. California the Court held that the right to counsel extends to:
a. the first appeal at all levels.
b. the first appeal at the state level only.
c. the first appeal at the federal level only.
d. all appeals.
Q:
Mempa v. Rhay held that a convicted offender has the right to assistance of counsel at ________________ in which the sentence has been referred.
a. inmate disciplinary hearings
b. probation revocation hearings
c. hearings before a parole board
d. inmate grievance boards
Q:
The Supreme Court has interpreted the Sixth Amendment to mean that an accused has the constitutional right to counsel at:
a. every critical stage during a criminal proceeding.
b. any critical stage, excluding post-trial appeals.
c. every critical stage after arraignment.
d. any stage in the criminal investigation.