3.6. Classifications of Law
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Questions
According to the text, what is a primary reason for using classification schemes in criminal law?
View answer and explanationWhat is the general distinction between a felony and a misdemeanor in terms of potential punishment?
View answer and explanationWhat term is used for crimes that can be charged as either a felony or a misdemeanor based on prosecutorial discretion?
View answer and explanationHistorically, at common law, how were misdemeanors typically punished?
View answer and explanationWhich of the following is NOT listed as a potential legal implication of the felony-misdemeanor classification?
View answer and explanationWhich of these categories is used by the Model Penal Code for classifying crimes based on the type of harm inflicted?
View answer and explanationWhat is the defining characteristic of a 'mala prohibita' crime?
View answer and explanationWhich type of law defines what conduct is criminal and specifies the potential punishment?
View answer and explanationWhat is the primary function of procedural law?
View answer and explanationAccording to the text, what is the primary source of procedural law?
View answer and explanationWhat type of classification is used when distinguishing between crimes that are inherently evil and those that are wrong because they are forbidden by law?
View answer and explanationThe example of substantive law providing a defense for Sam, who reasonably mistook Joe's backpack as his own, illustrates what type of defense?
View answer and explanationIn what way might the classification of a prior crime as a 'person crime' have a legal implication?
View answer and explanationHow are infractions and violations typically punished?
View answer and explanationWhich of the following common law felonies was considered a 'mala in se' crime?
View answer and explanationWhat does the text identify as a primary purpose of classifying crimes based on the seriousness of the offense?
View answer and explanationProcedural law governs which of the following aspects of the criminal justice process?
View answer and explanationHow has the punishment for felonies and misdemeanors changed from common law to the present day?
View answer and explanationAn offense against public order and decency, such as public intoxication or riots, falls under which major classification scheme mentioned in the text?
View answer and explanationIn the example where Sam takes Joe's backpack, what element makes it theft under substantive criminal law?
View answer and explanationWhat is the generic term that can be used to mean any type of violation of the law, or sometimes just misdemeanors or felonies?
View answer and explanationWhat type of crimes are described as being part of a regulatory scheme and are typically newer creations?
View answer and explanationWhich of the following is an example of an 'Offense against family' according to the Model Penal Code classification?
View answer and explanationWhich of the following is an example of procedural law in action?
View answer and explanationThe text suggests that robbery can be a problematic crime to classify based on the type of harm inflicted. Why?
View answer and explanationWhat does the text state as the legal significance of some classification schemes?
View answer and explanationWhat type of crime is generally considered a felony, according to the text?
View answer and explanationWhich of the following would be governed by substantive law?
View answer and explanationWhat did the distinction between felonies and misdemeanors develop from?
View answer and explanationAccording to the example in the text, what is the maximum fine Sam could receive for stealing Joe's backpack?
View answer and explanationBased on the text's example, what is the maximum period of incarceration Sam could face for stealing the backpack?
View answer and explanationThe text states that 'Most offenses that involve injury to persons or property are mala in se.' Which of the following crimes fits this description?
View answer and explanationWhat is the key difference between substantive and procedural law as presented in the chapter?
View answer and explanationWhich of the following would NOT be governed by procedural law?
View answer and explanationHow does the text describe the development of punishment over time?
View answer and explanationThe term offense is described as a generic term. What does this mean in the context of the chapter?
View answer and explanationWhy might a state allow some crimes to be 'wobblers'?
View answer and explanationWhat classification of crime did all common law felonies fall under?
View answer and explanationAccording to the text, both criminal and civil law can be classified as either what or what?
View answer and explanationHow is the modern punishment for a misdemeanor typically defined?
View answer and explanationWhich of the following would be an example of a classification based on the 'type of harm inflicted'?
View answer and explanationWhat is the key factor that determines if an act is a 'mala prohibita' crime?
View answer and explanationWhat does substantive criminal law specify, aside from defining criminal conduct?
View answer and explanationThe legal implications of classifying a crime as a felony versus a misdemeanor can affect all of the following EXCEPT:
View answer and explanationAccording to the Model Penal Code list, 'bribery' is classified as an offense against what?
View answer and explanationThe primary way that legislatures distinguish crimes is based on the:
View answer and explanationA 'wobbler' crime in California provides flexibility to whom in the criminal justice system?
View answer and explanationThe classification of a crime as 'mala in se' is based on the idea that it is:
View answer and explanationWhich statement accurately reflects the relationship between substantive and procedural law?
View answer and explanationA state law that sets forth the rules for how a jury must be selected for a criminal trial would be an example of:
View answer and explanation