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Question
The text distinguishes between Bracton's use of prior cases to show custom and the later use of citing prior cases as binding (i. e., stare decisis). Explain that distinction.Answer
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Related questions
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Koban vary in size and shape and are all found in rural areas.
a. True
b. False
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Bayley's criterion for identifying a police system as either centralized or decentralized is the stated locus of control.
a. True
b. False
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Police misconduct occurs in which type of police structure?
a. Decentralized single
b. Centralized single
c. Decentralized multiple uncoordinated
d. Decentralized multiple coordinated
e. All the above
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What single factor best explains Canada's contracting system of policing?
a. Economics
b. Politics
c. Religion
d. Bilingualism
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Why is Spain, with three different law enforcement systems, considered centralized?
a. All three forces operate under the authority of the national government
b. All three forces report to local authorities
c. The Spanish Supreme Court has ultimate control of all three agencies since all police in Spain are members of the judicial police
d. All three forces are deployed from Madrid on the first of each month and serve one month duty at either the civilian, military, or local level
Q:
Bayley distinguishes between multiple coordinated and multiple uncoordinated systems to separate those countries in which several forces operate with defined jurisdictions from countries in which several forces:
a. have overlapping authority.
b. have prosecution but not investigation authority.
c. share training duties but not arrest authority.
d. operate completely independently of each other in well-delineated areas.
Q:
Which country does your textbook offer as an example of a centralized single police structure?
a. Ghana
b. Mexico
c. Japan
d. Spain
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Which of following has a police structure most like that of Mexico?
a. Japan
b. United States
c. Canada
d. Austria
Q:
While England is considered the home of the common legal tradition, _____ can argue for a similar heritage regarding the civil legal tradition.
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The formal Chinese process is clearly inquisitorial in nature because the three stages of the criminal process (investigation, charging, adjudication) are completely separate and independent from each other.
a. True
b. False
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The textbook emphasizes three items linked to policing that may help explain Japan's low crime rate. List and explain those three items.
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When deciding the appropriate punishment for tazir offenses, judges are encouraged to be flexible and choose a punishment that will help the offender and deter others from committing the same crime.
a. True
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Much of the day-to-day probation work in Japan is carried out by _____ Probation Officers, who number some 50,000 across the country and assist both probation officers and rehabilitation coordinators to encourage a successful adjustment.
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Scotland provides an especially good contemporary example of substantive criminal law in the common legal tradition because Scottish courts take an active role in judge-made law.
a. True
b. False
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A trial under the inquisitorial process is most like a(n):
a. contest between opposing sides.
b. continuing investigation.
c. inhumane (at least by American standards) process wherein torture is used to extract confessions.
d. Middle Ages trial technique especially popular for church trials.
Q:
Japan's new saiban-in system means that defense counsel will now be provided to indigent suspects at government expense.
a. True
b. False
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Japan's police detention centers (daiyo kangoku) are praised by human rights organization for their humane processing and treatment of criminal suspects awaiting trial or sentencing.
a. True
b. False
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Which of the following is NOT a category of crime as identified in the Shari`a?
a. Hudud
b. Hanafi
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Koban in downtown Tokyo are called chuzaisho.
a. True
b. False
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Japan's position as a world power is especially surprising since it is considerably smaller than countries like Italy and the United Kingdom.
a. True
b. False
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When a country's legal institutions are mostly non-bureaucratic, minimize the use of professionals, and prefer substantive and procedural norms that are vague and flexible, that country is said to be using legal _____.
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The process by which Islamic legal scholars reach a consensus regarding how to handle a case that does not appear to be answered by either the Qur"an or Sunna is called:
a. qiyas.
b. hadd.
c. analogy.
d. ijma.
Q:
In Islam, the book that is considered the word of God (Allah) is the:
a. Sunna.
b. Qur"an.
c. Qiyas.
d. Ijma.
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Throughout the world, youths are most likely to misbehave when they are with their peers.
a. True
b. False
Q:
Why is precedent considered a basic concept in the common legal tradition?
a. It provides a way to identify custom through reference to earlier case decisions
b. It forces judges to follow the written code
c. It allows laypeople (jurors) to influence the law
d. It refers to the process legislators must follow when they create common law
Q:
In England and Wales, the Youth Offending Team:
a. is a special police unit responsible for determining if a juvenile offender should be arrested or placed in diversion.
b. has responsibility for coordinating and providing youth justice services at the local level.
c. works out of the schools and provides an alternate education program for students suspended from regular classes.
d. is a notorious juvenile gang whose criminal behavior forced Parliament to lower the age of criminal responsibility.
Q:
China is positioned toward the justice end of the continuum of juvenile justice models because of its emphasis on the responsibility and accountability aspect of the justice model. China is not more clearly an example of the justice model because:
a. the police in China serve as the magistrate in juvenile court.
b. of the relative absence in China of due process for juveniles.
c. young offenders are sanctioned by school officials rather than by court officials.
d. the communist party does not acknowledge the policy of parens patriae.
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_____wiretaps, which specify a person rather than a particular phone line for surveillance, authorize law enforcement to follow a suspect as he or she moves from home to cell phone to cybercaf to pay phone.
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Legislation in New Zealand established who/what as the locus for authority and expertise on matters of juvenile delinquency?
a. The family, including extended family members
b. The nuclear family (father and mother)
c. The juvenile court
d. The local department of social services
Q:
Which juvenile justice model is followed in a country that takes a paternalistic and protectionist approach that shows a preference for treatment?
a. Welfare
b. Justice
c. Patriae
d. Pragmatic