Deck 1: The Foundation and Heritage of the Criminal Law

Question 1

What is the foundation upon which the criminal justice system rests?

A) Court decisions
B) Criminal law
C) Philosophy
D) All of the above

Answer 1

D

Question 2

What is "common law?"

A) Statutes defined by common sense
B) Laws developed based on specific moral philosophies
C) Unwritten law based on a moral consensus of what is wrong and based on moral tradition and values
D) An outdated concept no longer meaningful for current legal practice

Answer 2

C

Question 3

What did Plato discern as the being in every facet of existence and life?

A) Virtue
B) Reason
C) Rationality
D) Natural Law

Answer 3

D

Question 4

In Aristotle's view _______ was synonymous with law and as such was his legacy.

A) Virtue
B) Reason
C) Rationality
D) Perfections

Question 5

What did Cicero declare justice was derived from?

A) Human reason
B) Nature
C) Virtue
D) Happiness

Question 6

To whom can the following quote be attributed? "Law is written in the hearts of men, which iniquity itself effects not."

A) Plato
B) Aristotle
C) St. Augustine
D) Isidore of Seville

Question 7

St. Augustine's lex aeterna is_____________ covering every aspect of human existence.

A) A divinely ordained orderliness
B) Man's interpretation of human laws thus
C) Seeking of happiness and virtue through human interpretation
D) Attempt to construct law from intuition

Question 8

Isidore's work is the recognition of how authority, legal or otherwise, descends from _______.

A) Man
B) God
C) Philosophers
D) Legal tradition from man's interpretation God's will

Question 9

According to Alexander of Hales, a (an) _____ law cannot be derived from the eternal law.

A) Just
B) Unjust
C) Political
D) Universal

Question 10

Which of the following was not included in Thomas Aquinas' Hierarchy of Laws?

A) Eternal Law
B) Natural Law
C) Operational Law
D) Divine Law
E) Human Law

Question 11

Thomas Aquinas wrote his primary concepts of the law in which of the following documents?

A) Human Law and Nature
B) First Principles of Law
C) Treatise on Law
D) Natural Law: the Thomistic View

Question 12

Thomas Aquinas called ________ Law truth itself.

A) Eternal
B) Natural
C) Human
D) Divine

Question 13

Divine Law, in the most elementary framework, consists of which of the following?

A) The Summa Theologica
B) The Old and New Testament of the Bible
C) The Treatise on Law
D) The Ten Commandments

Question 14

According to Thomas Aquinas, an unjust law is a

A) Law inconsistent with natural law.
B) Law inconsistent with nature and human reason.
C) Law inconsistent with a merging of theology and philosophy.
D) Law inconsistent with the Decalogue

Question 15

What did Thomas Hobbes believe was the sole purpose of law?

A) To maintain power in the elite class
B) To keep human beings from engaging in warfare
C) To have people to good rather than evil
D) To maintain God's law

Question 16

Thomas Hobbes wrote which of the following?

A) Summa Theological
B) Descartes
C) On Law and Order
D) Leviathan

Question 17

According to Thomas Hobbes' model of law is _____ and thus can justify revolution to overcome an oppressive sovereignty.

A) Protectionist
B) Oppressive
C) Fluid rather than fixed
D) Stable and fixed in natural law

Question 18

How did John Locke view the nature of man (and woman)?

A) People have a rational character to live correctly
B) People have an evil nature
C) People are generally good but are incapable of rationality of thought on the law
D) People are generally war-like and chaotic in nature

Question 19

What were John Locke's beliefs regarding overthrowing an oppressive government?

A) Revolution was contrary to the nature of law and order
B) People should reason with government rather than overthrow it
C) Law is naturally unjust and nothing can be done
D) If government does not meet the obligations it has to the people, then it should be overthrown and dissolved

Question 20

John Locke's view of the nature of law included a belief in which of the following?

A) Individual rights were earned and not guaranteed
B) People had inalienable rights, such as life liberty and property.
C) Rights an privileges are derived from government
D) The ideology of law is irrational

Question 21

Jeremy Bentham's view of law is based on which philosophical school of thought.

A) Teleology
B) Utilitarianism
C) Natural Law Theory
D) Deontology

Question 22

What was Jeremy Bentham's view on criminal laws and punishment?

A) Punishment should be minimal because to punish excessively is useless
B) Punishment should be sufficiently painful to provide deterrence
C) Punish is not up to government but is a divine expectation
D) Punishment should be minimal so as to provide expectations of conduct

Question 23

What is the proper source of law according to John Stuart Mill?

A) Moral values
B) Religious values
C) Natural Law
D) Utilitarian view of laws as useful for the greater good not moral coercion

Question 24

Which two men were advocates of Utilitarianism?

A) Jeremy Bentham and Thomas Hobbes
B) John Locke and John Stuart Mill
C) Thomas Hobbes and John Locke
D) John Stuart Mill and Jeremy Bentham

Question 25

The legal basis of Roe vs. Wade has been characterized as:

A) Consistent with Natural Law Tradition
B) Inconsistent with Natural Law Tradition
C) Inconsistent with Positivism
D) Likely Supported by Ciceronian Thought

Question 26

Aquinas's Hierarchy of Law does not include?

A) Divine Law
B) Eternal Law
C) Natural Law
D) The Law of Utility

Question 27

The term natural law encompasses what?

A) Communal Living and propagation of the species.
B) The inherent desire for truth and God
C) The nature of being itself and law as an operation of that nature.
D) All the above.

Question 28

Which legal philosopher emerged during the colonial period?

A) St. Thomas Aquinas
B) Cicero
C) Thomas Hobbes
D) Isidore of Seville

Question 29

Common law is based on written "old English" law.

Question 30

Nature plays a pivotal role in Plato's perspective on law.

Question 31

Aristotle perceived reason to be consistent with good and virtuous existence and a lawful life.

Question 32

Cicero believed goodness, as a source of lawful conduct is a matter of human opinion.

Question 33

St Augustine believed when a human law is inconsistent with and contrary to the tenets of the eternal law, it does not lose its force and identity as law.

Question 34

In Isidore's view, natural law is a law common to all peoples and a common natural instinct, not something established by man himself.

Question 35

The "eternal law impressed and imprinted in the souls of rational creatures" refers to the eternal law of God.

Question 36

According to Thomas Aquinas, saw lower forms of the law as derived from the higher forms of the law.

Question 37

According to Thomas Aquinas, Divine law is the same as Eternal Law.

Question 38

According to Thomas Aquinas, human Laws contrary to the tenets of natural law are by implication, an affront to the eternal law, and not really laws at all.

Question 39

According to Thomas Aquinas, Natural Law is not self-evident even through reasoning and study.

Question 40

Thomas Hobbes believed that warfare was the natural state of existence and in a world without law, chaos reigns supreme.

Question 41

John Locke believed that checks and balances in government were contrary to the nature of law.

Question 42

According to Jeremy Bentham, religion and moral virtues were the foundation for law and government.

Question 43

According to John Stuart Mill acts that are crimes should be based on the acts' opposition to pleasure and happiness, not because it is morally suspect.

Question 44

The theory of materialism, based on communist practice, is known as positivism.

Question 45

A utilitarian feels that the law has real meaning when it serves the most good for the particular situation that it applies.

Question 46

Common law is sometimes referred to as lex non scripta, an unwritten law.

Question 47

To the Marxian, criminal law is an expression, an unfolding of a man as some historical form.

Question 48

Plato's perspective on law equates the "good" with proper laws.

Question 49

Aristotle's legacy is the fact that virtue is synonymous with law.

Question 50

St. Augustine declared that an unjust law is not a law at all.

Question 51

Aquinas failed to develop a theory of civil disobedience.

Question 52

Thomas Hobbes believed that the sole purpose of law is to keep human beings from engaging in warfare.

Question 53

John Locke is generally considered a natural law thinker.

Question 54

How has common law developed?

Question 55

What is the importance of common law?

Question 56

What did Plato, Aristotle, St. Augustine and Isidore of Seville have in common on their views of the basis for criminal law?

Question 57

What is the source of natural law?

Question 58

Explain are Thomas Aquinas' "Hierarchy of Laws.

Question 59

Why did Thomas Aquinas view human laws that were contrary to the tenets of natural law as not truly laws?

Question 60

What did Thomas Hobbes believe that people could do when faced with oppressive laws?

Question 61

What were John Locke's views on the rights of citizens in relationship to the sovereignty of government?

Question 62

What were Jeremy Bentham's views on the moral and religious basis for law?

Question 63

What is John Stuart Mill's view on what is the right basis for criminal law?

Question 64

What are the similarities of the Bentham and Mill in their philosophy of law?