The three major subtraditions forming the civil legal tradition were
Roman law, canon law and codification.
The three major subtraditions forming the common legal tradition are
custom, feudal practices and equity
The primary source of law in the civil legal tradition is
written code
Under which legal tradition do legal rights and obligations always lie with the individual?
Islamic legal tradition
The process by which 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:
ijma
In most parts of the world, the term civil law refers to a legal tradition based on ______; but in the United States, civil law more commonly refers to _______.
written codes/a specific type of law dealing with private wrongs
During the reign of Henry II, attempts were made to return order to England through the Constitutions of Clarendon, which:
provided custom as a basis for building order.
One of the several reasons that common law codes are not the same as civil law codes is that common law codes do not abolish all prior law for that topic. Which of the following is the textbook's way to describe this difference?
Codes under common law are not revolutionary.
Why is precedent considered a basic concept in the common legal tradition?
It provides a way to identify custom through reference to earlier case decisions.
Why do some people consider the jurist Shafi'a to be the father of Muslim jurisprudence?
He proposed a compromise between those believing all rules must be derived from the Qur'an or Sunna, and those believing the law should be elaborated through the use of human reason and personal opinion.
The primary source of law in the Islamic legal tradition is
divine revelation
The three major subtraditions forming the Eastern Asia tradition are.
Confucianism, collectivism and context, and legal informalism
During the Fifth and Sixth Centuries, ___________ courts administered state law, while __________ courts managed canon law.
civil/ecclesiastical
In Islam, the book that is considered the word of God (Allah) is the: Chap
Qur'an.
Hadiths, which provide a narration about the life of the Prophet Muhammad, contain three important parts. Which of the following is NOT one of those three?
A seal affixed by Muhammad himself or one of his direct decedents.
Which of the following is NOT a feature of legal custom as conceived by Blackstone?
It is intermittent (it may be abandoned or interrupted but always returns).
When we refer to legal institutions, procedures, and rules, we are referring to a:
legal system.
Which term refers to deeply rooted and historically conditioned attitudes about things such as the nature of law and the role of law in society?
Legal tradition
For purposes of comparative criminal justice, the essential principles of Confucianism lie in the concepts of:
Li and fa
According to the You Should Know box in Chapter 4, Iran can be grouped with the religious states and ______ can be grouped with the secular states in terms of how each applies Islamic law.
Turkey
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.
Tue
An admission of guilt (i.e., a confession) in common law jurisdictions eliminates the need for a trial. In civil law jurisdictions, an admission of guilt:
is simply treated as overwhelming evidence of guilt.
Since common law was unwritten law, to what did judges "turn" as they decided if an act was criminal or not?
Immemorial custom
A trial under the inquisitorial process is most like a(n):
continuing investigation.
Why can Venezuela and Portugal be described as having two of the most extensive systems of judicial review in the world?
All courts in each country can determine the constitutionality of laws, but each country alsohas a specific court charged with that responsibility.
Which of the following is NOT a criterion for a Had theft?
Whether the offender was male or female
The diffuse model of judicial review gives the duty of constitutional control to:
all the courts in the country.
Muslim scholars distinguish between general and specific criminal intent. Which of those may have to be proved to show that the act under question was committed without justification or excuse?
Specific criminal intent
Place in order, from first step to final step, the stages for achieving "rule of law." (1) Values are reduced to written form; (2) Certain values are recognized as supreme; (3) Procedures are provided for holding the government to a nation's fundamental values.
(2), (1), (3)
When Japan's laws avoid making any formal distinction regarding levels of culpability, they exemplify which aspect of substantive law in the Eastern Asia legal tradition?
The preference for informal justice
In which of the following ways does Shari'a try to balance the harsh penalties required for hudud crimes?
Rigorous rules of evidence make conviction for hudud crimes difficult
Restitution can replace retaliation under Islamic law as found in the use of:
tazir
France's placement of crimes into three categories not only refers to the seriousness of the offenses but also indicates which court will hear the case.
True
When comparing laws of theft in the common legal tradition (represented in the text by Colorado) and civil legal traditions (represented by Germany and France), which jurisdiction had the most detailed definition?
Colorado
Although theft is a had requiring amputation of the offender's hand, only theft of the following item is likely to result in that punishment ?
Automobile
The German and French theft codes:
supply general principles from which logical deduction provides a resolution in each case.
The adversarial system is said to have developed from the trial by ordeal wherein disputes were settled by having the parties fight each other. The winner was presumed to have "truth" on his sides. In a sense, swords were used to oppose testimony. Today, ________ has taken the place of swords to challenge testimony.
cross-examination
Which of the following is NOT a category of crime as identified in the Shari'a?
Hanafi
Why is adultery considered one of the hudud offenses?
If left unchecked it could disrupt the social fabric of the community.
Islamic procedural law is best described as:
a combination of inquisitorial and adversarial.
What dimension of analysis does Bayley use to describe the structure of police systems?
Command type and number of forces to be supervised.
The smallest area(s) of police deployment in Japan is (are) the:
koban and chuzaisho.
Bayley distinguishes between multiple coordinated and multiple uncoordinated systems to separate those countries where several forces operate with defined jurisdictions from countries where several forces:
have overlapping authority.
While vacationing in Germany, you meet a uniformed city police officer. Which police division is this officer with?
Schupo.
Which country does your textbook offer as an example of a centralized single police structure?
Ghana
Following a basic principle of the American republic, primary responsibility for maintaining law and order in the United States falls to the federal government.
False
The National Central Bureau set up in each of Interpol's member countries is responsible for all the following EXCEPT:
crime investigation and criminal apprehension for cases originating in other countries
The Royal Canadian Mounted Police and the FBI are similar agencies in that each:
is a federal agency dedicated to the enforcement of federal statutes and executive orders.
What three structures currently operate to aid cross-national police cooperation in Europe?
Interpol; Europol; Schengen Convention
Police misconduct occurs in which type of police structure?
Decentralized singleCentralized singleDecentralized multiple uncoordinatedDecentralized multiple coordinated
Today, Spain has three major law enforcement systems. Which of the following is NOT one of them?.
Gendarmerie
If you were visiting a small village in France and needed a police officer, you would most likely contact a member of the:
Gendarmerie Nationale.
Despite the presence of locally controlled police, the textbook places France in the centralized command category because those local police forces:
merely supplement rather than replaced, the Police Nationale.
The country of "Justiceland" has five national police forces with two reporting to one government ministry and three to another ministry. All five forces have rather broad duties and there is often disagreement regarding which force is responsible for enforcing the law in any particular jurisdiction. Justiceland would probably be categorized as having a _________ police structure,
centralized multiple uncoordinated
What single factor best explains Canada's contracting system of policing?
Economics
Each of Mexico's municipio (i.e., local level government) may have its own police force, but it must be of the _________ type.
Preventive
Very few countries have a policing system wherein many police departments operate in a rather uncoordinated manner without any central authority providing administrative direction. Mexico is one such country. Which of the following is another?
United States
Which of following has a police structure most like that of Mexico?
United States
Interpol's authority to act comes from:
an international treaty.an international convention.ratification of Interpol's constitution by member nations.
The International Criminal Court (ICC) will only investigate and prosecute a case if a state is unwilling or unable to genuinely prosecute under its own court structure. Who determines if a state has "genuinely prosecuted?
The ICC judges
Why is Spain, with three different law enforcement systems, considered centralized?
All three forces operate under the authority of the national government.
Both common and civil legal traditions seek uniformity of justice. The civil tradition sees it as being best achieved:
when judges follow the same general principles.
Henri is being tried in a Paris courtroom before a panel of nine citizen jurors and three professional judges. What court is Henri in?
Assize Court (Cour d'Assise)
When the court is deciding if the accused is guilty or innocent, the court is addressing a(n):
question of fact
The tendency in Islamic criminal trial proceedings is for the parties to _______.
represent themselves
What is the standard of proof to be used by the lay jurors and professional magistrates in a French trial?
Are you inwardly (or thoroughly) convinced that the accused is guilty?
According to the textbook, which os the following is NOT a descriptor of how public prosecution can be accomplished?
Panel of judges.
At the completion of legal training in Justiceland," Linda must decide which legal career she wants to enter. Upon meeting the entrance requirements for that field, Linda will NOT be able to easily move to any other legal field. What kind of legal profession does "Justiceland" have?
Separated
The jury trial did not prove to be very well suited to criminal proceedings in civil law systems. Which of the following came to provide a functional equivalent to the jury trial?
Mixed benches
Most countries following the civil legal tradition do not use the classic jury system as found in England and the United States. There are, however, some exceptions. Which of the following civil law countries have occasion to use the classic jury system?
Belgium, Russia, Spain
Access to defense counsel in Russia is clearly improved over what it was in Soviet times, but there remains a particular problem that some believe has compromised the right to counsel and protection against self-incrimination. Which of the following best reflects that concern?
Investigators will interrogate as a "witness" someone who is really a "suspect.
Justiceland" allows the victim or the victim's relatives to initiate action against an offender. This process exemplifies:
private prosecution.
Why are defense lawyers scarce in Islamic law?
Muslims traditionally act for themselves or rely on relatives or character witnesses.
Because trial proceeding under Islamic law are as much a mediation process as one of adjudication, the parties do not necessarily need:
the assistance of counsel.
In which type of investigation are the French judicial police (under the supervision of district prosecutors) given the most extensive search, seizure, and detention authority?
Investigations of flagrant offenses
France has two major court systems, each with separate and distinct hierarchies. Which of the following best supports the argument that this apparently simple system is actually quite complex?
The jurisdictional boundaries of each court system are so blurred that France had to create a special tribunal that decides to which system a case is assigned.
Election of judges by the people is not a frequently found procedure by which persons become a judge. Which of the following countries is an exception to that?
United States
Under principles found I the Shari'a, lay participation is NOT necessary in an Islamic court because:
judges are assumed to be unbiased and to not need to be monitored by lay people.
In Saudi Arabia the judge's findings must be based solely on:
oral proceedings conducted during the court hearing.
The Crown Prosecution Service in England and Wales is most clearly distinguished from a procurator system by noting that the CPS:
is not involved in the investigation stage.
What is Criminal Procedure?
Criminal procedure is a set of rules developed to redress to some extent the awesome imbalance of power between the accused and the state.
With a constitutional review.....
we focus on the legality of laws in various countries and some basic rules for the operation of the courts
With criminal review......
we examine the rights of individuals under the law
juge d'instruction
in France, magistrate responsible for conducting the investigative hearing that precedes a criminal trial. In this hearing the major evidence is gathered and presented, and witnesses are heard and depositions taken.
Prior to 1868, when the Meiji Restoration brought the Western legal systems to Japan, the Japanese legal system had .......
emulated Chinese laws.
Western laws were introduced by the government during......
a period of enthusiasm over the abolition of treaties with Western countries that contained unfair provisions for Japan, such as those denying the right to impose custom duties
Japanese society is.......
characterized by strong adherence to patterns of deference, group normsand, group loyaltiesas opposed to individualism and legalism.
Socialist criminal procedure is based on several key issues:
Pre-trial investigationArrestDetentionRight to counselProcess and fairness
In Islam......
human rights are sacrosanct and any violationthereof constitutes an offence
The Islamic Shariah narrows the scope of application of the hudud in three ways:
It requires evidence of the commission of the offence, which can be proved only through the testimony of witnesses (four witnesses being needed in some cases) or through a confession by the offender, which must be maintained until the judgment is carried out
The Shariah courts
which constitute the ordinary judiciary vested with general jurisdiction to hear all disputes and offences, regardless of their nature or the parties thereto, except those exempted by law (art. 26 of the Statutes of the Judiciary).
The Board of Grievances
which is the administrative judiciary, the basic function of which is to adjudicate in disputes to which the State is a party, in addition to some other functions assignedto it under the terms of regulations (art. 1 of theStatutes of the Board of Grievances).